[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78457-78464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25181]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Fiscal Year 2024 Competitive Funding Opportunity: Innovative 
Coordinated Access and Mobility (ICAM) Pilot Program

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Notice of funding opportunity (NOFO).

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SUMMARY: The Federal Transit Administration (FTA) announces the 
opportunity to apply for $4.7 million in Fiscal Year (FY) 2023 funding 
under the Innovative Coordinated Access and Mobility (ICAM) pilot 
program. This funding opportunity seeks to improve coordination to 
enhance access and mobility to vital community services for older 
adults, people with disabilities, and people of low income. As required 
by Federal public transportation law, funds will be awarded 
competitively as grants to finance innovative mobility management 
capital projects that will improve the coordination of transportation 
services and Non-Emergency Medical Transportation (NEMT) services. An 
additional $4.8 million is authorized for FY 2024 and FTA may award 
additional funding that is made available to the program prior to the 
announcement of project selections.

DATES: Applicants must submit completed proposals for each funding 
opportunity through the GRANTS.GOV ``APPLY'' function by 11:59 p.m. 
Eastern Time February 13, 2024. Prospective applicants should register 
as soon as possible on the GRANTS.GOV website to ensure they can 
complete the application process before the submission deadline.

ADDRESSES:  Application instructions are available on FTA's website at 
https://www.transit.dot.gov/funding/grants/grant-programs/access-and-mobility-partnership-grants and in the ``FIND'' module of GRANTS.GOV. 
The GRANTS.GOV funding opportunity ID for the ICAM is FTA-2024-006-TPM-
ICAM. Mail and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT:  Destiny Buchanan, FTA Office of 
Program Management; Phone: (202) 493-8018; Email: 
<a href="/cdn-cgi/l/email-protection#f2b69781869b9c8bdcb087919a939c939cb2969d86dc959d84"><span class="__cf_email__" data-cfemail="480c2d3b3c212631660a3d2b2029262926082c273c662f273e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contact
H. Other Information

A. Program Description

    Section 3006(b) of the Fixing America's Surface Transportation 
(FAST) Act (Pub. L. 114-94) authorizes FTA to award grants for ICAM 
pilot projects that improve the coordination of transportation services 
and NEMT services for transportation disadvantaged populations. The 
Infrastructure Investment and Jobs Act (the ``Bipartisan Infrastructure 
Law'' or ``BIL'') (Pub. L. 117-58) authorized funding for FY 2022 
through FY 2026. Transportation disadvantaged populations include older 
adults, people with disabilities, and people of low income.
    In the FY 2024 program, FTA intends to target funding for regional 
and statewide mobility management capital projects that support 
coordination and enable comprehensive community access, including 
access to NEMT, for underserved groups. In accordance with Performance 
Measure 3.1.9 in the Coordinating Council on Access and Mobility 
(CCAM)'s 2023-2026 Strategic Plan (https://www.transit.dot.gov/

[[Page 78458]]

regulations-and-programs/access/ccam/about/2023-2026-coordinating-
council-access-and-mobility), FTA has collaborated with the Centers for 
Medicare and Medicaid Services (CMS) to ensure that this Notice of 
Funding Opportunity (NOFO) includes a link to the 2023 CMS sub-
regulatory guidance [Assurance of Transportation: A Medicaid 
Transportation Coverage Guide (https://www.medicaid.gov/sites/default/files/2023-09/smd23006.pdf)] to help inform potential applicants about 
flexibilities within Medicaid NEMT. Applicants are encouraged to 
coordinate with and engage their State Medicaid office (https://www.medicaid.gov/state-overviews/state-profiles/index.html) to best 
understand and navigate the Medicaid NEMT rules and regulations to 
develop a successful ICAM pilot program application.
    The CCAM consists of 11 Federal agencies and coordinates 130 
Federal programs that may fund transportation (find the CCAM Program 
Inventory at https://www.transit.dot.gov/regulations-and-guidance/ccam/about/ccam-program-inventory). The CCAM's mission is to improve the 
availability, accessibility, and efficiency of transportation for 
targeted populations. The benefits of successful coordinated 
transportation systems include providing greater access to funding and 
enabling more cost-effective use of resources; reducing duplication and 
overlap in human service agency transportation services; filling 
service gaps in a community or geographic area; serving additional 
individuals within existing budgets; and providing more centralized 
management of existing resources.
    The ICAM pilot program (Federal Assistance Listing 20.513) supports 
FTA's strategic goals of improving equity and connecting communities by 
providing funding for deployment of coordination technology, mobility 
management, and other capital projects that: improve access and 
mobility, positively affect social determinants of health, and improve 
quality of life for disadvantaged communities.
    The Department seeks to award projects under the ICAM pilot program 
that will create proportional impacts to all populations in a project 
area, remove transportation related disparities to all populations in a 
project area, and increase equitable access to project benefits, 
consistent with Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government (86 
FR 7009). The Department also seeks to award projects that address 
equity and environmental justice, particularly for communities that 
have experienced decades of underinvestment and are most impacted by 
climate change, pollution, and environmental hazards, consistent with 
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad 
(86 FR 7619).
    The ICAM pilot program will improve State and regional coordination 
by funding regional and statewide mobility management capital projects 
that enable comprehensive community access, including NEMT, for 
underserved groups. Successful projects will prioritize coordination, 
including coordination with recipients of funding from Federal agencies 
that are members of the CCAM (https://www.transit.dot.gov/coordinating-council-access-and-mobility), that enhances access and mobility to 
vital community services for older adults, people with disabilities, 
and people of low income.
    Agencies often restrict their transportation services to clients of 
a specific program and do not permit the vehicles or services to be 
used by other programs or riders. This practice leads to inefficient 
use of resources and unused capacity. These restrictions are often 
attributed to Federal requirements but compliance with Federal 
requirements can be achieved without such restrictions. Federally 
funded vehicles and transportation resources can be shared with other 
agencies that have a transportation role, as long as costs can be 
allocated appropriately. The ICAM pilot program seeks to help promote 
this coordination.

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5338(a)(2)(E)) 
authorized $4,701,218 in FY 2023 funds for competitive grants under the 
ICAM pilot program. FTA may cap the amount a single recipient or State 
may receive as part of the selection process. There is no minimum or 
maximum grant award amount; however, FTA intends to fund as many 
meritorious projects as possible. An additional $4,823,972 is 
authorized for FY 2024 and FTA may award additional funding made 
available to the program prior to the announcement of the project 
selections.
    Due to funding limitations, projects selected for funding may 
receive less than the amount originally requested. In those cases, 
applicants must be able to demonstrate that the proposed projects are 
still viable, meet all eligibility requirements, and can be completed 
with the amount awarded.
    FTA will grant pre-award authority to incur costs for selected 
projects beginning on the date project selections are announced on 
FTA's website. Funds are available for obligation for two fiscal years 
after the fiscal year in which the competitive awards are announced. 
Funds are available only for eligible costs incurred after the date 
project selections are announced. FTA intends to fund as many 
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants are entities eligible as direct or designated 
recipients under the Section 5310 program, including: State departments 
of transportation, designated recipients for Section 5310 funds, or 
local governmental entities that operate a public transportation 
service, or their eligible subrecipients that have the authority and 
technical capacity to implement a regional or statewide cost allocation 
pilot. Private entities that provide shared-ride on-demand service to 
the general public on a regular basis are operators of public 
transportation and are therefore eligible subrecipients. Organizations 
that do not operate public transportation are not eligible applicants.
    Applicants must serve as the lead agency of a regional or statewide 
consortium that includes stakeholders from the transportation, 
healthcare, human service, or other sectors. Applicants are encouraged 
to coordinate with and engage their State Medicaid office (https://www.medicaid.gov/state-overviews/state-profiles/index.html) to best 
understand and navigate the Medicaid NEMT rules and regulations to 
develop a successful ICAM pilot program application. Recently updated 
Medicaid sub-regulatory guidance can be found in the aforementioned 
Assurance of Transportation: A Medicaid Transportation Coverage Guide. 
Members of this consortium are eligible as subrecipients if they would 
otherwise be eligible subrecipients of Section 5310 funds. Further, 
applicants must demonstrate that the proposed project was planned 
through an inclusive process with the involvement of the 
transportation, healthcare, and human service sectors. An 
implementation plan and schedule must be submitted as part of the 
proposal.

2. Cost Sharing or Matching

    The maximum Federal share of projects selected under the ICAM pilot 
program is 80 percent. The applicant must provide a non-Federal share 
of at least 20 percent of the project cost and must document the source 
of the non-Federal match in the grant application.

[[Page 78459]]

Federal funds may not be used as match for this program unless the 
Federal program providing the funds expressly authorizes its funds to 
fulfill the match requirement of another Federal program. Per 49 U.S.C. 
5323(i), the Federal share may exceed 80 percent for certain projects 
related to the Americans with Disabilities Act (ADA) of 1990 and Clean 
Air Act (CAA) compliance as follows:
    (1) Vehicles. The Federal share is 85 percent of the net project 
cost of the acquisition of vehicles (including clean-fuel or 
alternative fuel vehicles) for purposes of complying with or 
maintaining compliance with the ADA or CAA.
    (2) Vehicle-Related Equipment and Facilities. The Federal share is 
90 percent of the net project cost for acquiring vehicle-related 
equipment or facilities (including clean fuel or alternative fuel 
vehicle-related equipment or facilities) for purposes of complying or 
maintaining compliance with the ADA or CAA. FTA considers vehicle-
related equipment to be equipment on and attached to the vehicle. The 
award recipient must itemize the cost of specific, discrete, vehicle-
related equipment associated with compliance with the ADA or CAA to be 
eligible for the maximum 90 percent Federal share for these costs.
    Eligible sources of non-Federal matching funds include:
    i. Cash from non-governmental sources other than revenues from 
providing transit services (such as fare revenues);
    ii. Non-farebox revenues from the operation of public 
transportation service, such as the sale of advertising and concession;
    iii. Monies received under a service agreement with a State or 
local social service agency or private social service organization;
    iv. Undistributed cash surpluses, replacement, or depreciation cash 
funds, reserves available in cash, or new capital;
    v. In-kind contributions integral to the project;
    vi. Revenue bond proceeds for a capital project, with prior FTA 
approval; and
    vii. Transportation Development Credits (formerly referred to as 
Toll Revenue Credits).

3. Eligible Projects

    Eligible projects are capital projects, as defined in 49 U.S.C. 
5302(4). FTA intends to make grants to assist in financing innovative 
projects for the transportation disadvantaged that improve the 
coordination of transportation services and NEMT services, including: 
regional or statewide mobility management projects; deployment of 
coordination technology; and regional or statewide projects that create 
or increase access to one-call/one-click centers. For purposes of this 
NOFO, regional is defined as projects that cover more than one 
community or area such as multiple cities, counties, or tribal areas. 
FTA's goal for these pilot program grants is to identify and test 
promising, innovative, coordinated mobility strategies other 
communities can replicate. Only one project may be included in each 
application. The ICAM grants will operate as pilots for up to 24 
months. Within the first year, projects must be able to demonstrate 
significant progress toward increased State interagency coordination. 
ICAM funds must be used to implement a regional or statewide pilot of 
coordinated service delivery, to demonstrate the benefits of 
coordinated transportation. Projects funded under previous ICAM NOFOs 
are not eligible.

D. Application and Submission Information

1. Address To Request Application Package

    Applications must be submitted through GRANTS.GOV. Applicants can 
find general information for submitting applications at GRANTS.GOV. 
Mail and fax submissions will not be accepted. Applicants may also 
attach additional supporting information. Failure to submit the 
information as requested may delay or prevent review of the 
application.

2. Content and Form of Application Submission

i. Proposal Submission
    A complete proposal submission consists of at least two forms, the 
SF-424 Mandatory Form and the Supplemental Form for the FY 2024 
Innovative Coordinated Access and Mobility Pilot Program (downloaded 
from GRANTS.GOV or the FTA website at https://www.transit.dot.gov/funding/grants/grant-programs/access-and-mobility-partnership-grants). 
The application must include responses to all sections of the SF-424 
Mandatory Form and the Supplemental Form unless a section is indicated 
as optional. FTA will use the information on the Supplemental Form to 
determine applicant and project eligibility for the program and to 
evaluate the proposal against the selection criteria described in part 
E of this notice. FTA will accept only one Supplemental Form per SF-424 
submission. FTA encourages States and other applicants to consider 
submitting a single Supplemental Form that includes multiple activities 
to be evaluated as a consolidated proposal. If States or other 
applicants choose to submit separate proposals for individual 
consideration by FTA, they must submit each proposal with a separate 
SF-424 and Supplemental Form.
    Applicants may attach additional supporting information to the SF-
424 submission, including, but not limited to the following examples: 
letters of support, memorandums of understanding, interagency 
agreements, coordinated plans, project budgets, fleet status reports, 
or excerpts from relevant planning documents. Supporting documentation 
must be described and referenced by file name in the appropriate 
response section of the Supplemental Form, or it may not be reviewed.
    Information such as applicant name, Federal amount requested, local 
match amount, or description of areas served, may be requested in 
varying degrees of detail on both the SF-424 Form and Supplemental 
Form. Applicants must fill in all fields unless stated otherwise on the 
forms. If applicants copy information into the Supplemental Form from 
another source, they should verify that the Supplemental Form has fully 
captured pasted text and that it has not truncated the text due to 
character limits built into the form. Applicants should use both the 
``Check Package for Errors'' and the ``Validate Form'' buttons on both 
forms to check all required fields. Applicants should also ensure that 
the Federal and local amounts specified are consistent.
ii. Application Content
    The SF-424 Mandatory Form and the Supplemental Form will prompt 
applicants for the required information, including:
    a. Applicant Name
    b. Unique Entity Identifier
    c. Key contact information (including contact name, address, email 
address, and phone)
    d. Congressional district(s) where project will take place
    e. Project Information (including title, an executive summary, and 
type)
    f. A detailed description of the project
    g. A detailed description of the need for the project
    h. A detailed description of how the project will support the ICAM 
pilot program goals to improve access to coordinated transportation 
services; reduce duplication of service; and enhance efficiency of the 
130 Federal programs (https://www.transit.dot.gov/regulations-and-
guidance/ccam/about/

[[Page 78460]]

ccam-program-inventory) that may fund human service transportation.
    i. Evidence that the project is consistent with State and regional 
planning documents including consistency with the Coordinated Public 
Transportation-Human Services Transportation Plan
    j. A detailed description of all project partners and their 
specific role in the eligible project
    k. Specific performance measures the project will use to quantify 
actual outcomes against expected outcomes
    l. Evidence that the applicant can provide the non-Federal cost 
share and details on the non-Federal match
    m. A description of the technical, legal, and financial capacity of 
the applicant
    n. A detailed project budget (up to 24 months). The project budget 
should show how different funding sources will share in each activity 
and present those data in dollars and percentages. The budget should 
identify other Federal funds the applicant is applying for or has been 
awarded, if any, that the applicant intends to use. Funding sources 
should be grouped into three categories: non-Federal, ICAM (Federal), 
and other Federal with specific amounts from each funding source
    o. An explanation of the scalability of the project (if 
applicable)--Applicants are encouraged to identify scaled funding 
options in case insufficient funding is available to fund a project at 
the full requested amount. If an applicant indicates that a project is 
scalable, the applicant must provide an appropriate minimum funding 
amount that will fund an eligible project that achieves the objectives 
of the program and meets all relevant program requirements. The 
applicant must provide a clear explanation of how the project budget 
would be affected by a reduced award.
    p. A detailed project timeline
    q. Address all the applicable criteria and priority considerations 
identified in Section E.

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant is required to: (1) be registered in SAM before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM 
registration with current information during which the applicant has an 
active Federal award or an application or plan under consideration by 
FTA. FTA may not make an award until the applicant has complied with 
all applicable unique entity identifier and SAM requirements. If an 
applicant has not fully complied with the requirements by the time FTA 
is ready to make an award, FTA may determine that the applicant is not 
qualified to receive an award and use that determination as a basis for 
making a Federal award to another applicant. These requirements do not 
apply if the applicant has an exception approved by FTA under 2 CFR 
25.110(c) or (d). SAM registration takes approximately 3-5 business 
days, but FTA recommends allowing ample time, up to several weeks, for 
completion of all steps. For additional information on obtaining a 
unique entity identifier, please visit https://www.sam.gov.
    FTA will provide further instructions on registration through an 
introductory applicant training session. Dates and times for the 
training session will be posted on FTA's website.

4. Submission Dates and Times

    Project proposals must be submitted electronically through 
GRANTS.GOV by 11:59 p.m. Eastern Time February 13, 2024. Late 
applications will not be accepted. Mail and fax submissions will not be 
accepted.
    FTA urges applicants to submit applications at least 72 hours prior 
to the due date to allow time to correct any problems that may have 
caused either GRANTS.GOV or FTA systems to reject the submission. 
Deadlines will not be extended due to scheduled website maintenance. 
GRANTS.GOV scheduled maintenance and outage times are announced on the 
GRANTS.GOV website.
    Within 48 hours after submitting an electronic application, the 
applicant should receive an email message from GRANTS.GOV with 
confirmation of successful transmission to GRANTS.GOV. If a notice of 
failed validation or incomplete materials is received, the applicant 
must address the reason for the failed validation, as described in the 
email notice, and resubmit before the submission deadline. If making a 
resubmission for any reason, include all original attachments 
regardless of which attachments were updated and check the box on the 
supplemental form indicating this is a resubmission.
    Applicants are encouraged to begin the process of registration on 
the GRANTS.GOV site well in advance of the submission deadline. 
Registration is a multi-step process, which may take several weeks to 
complete before an application can be submitted. Registered applicants 
may still be required to update their registration before submitting an 
application. Registration in SAM is renewed annually and persons making 
submissions on behalf of the Authorized Organization Representative 
(AOR) must be authorized in GRANTS.GOV by the AOR to make submissions.

5. Funding Restrictions

    Funds made available under the ICAM pilot program may only be used 
for capital expenditures, including mobility management, that are 
included in the State Transportation Improvement Plan/Transportation 
Improvement Plan. Eligible projects are capital projects, as defined in 
49 U.S.C. 5302(4). Allowable direct and indirect expenses must be 
consistent with the Government-wide Uniform Administrative Requirements 
and Cost Principles (2 CFR part 200) and FTA Circular 5010.1E.
    Funds awarded under this notice cannot be used to reimburse 
recipients for expenses incurred prior to FTA issuing pre-award 
authority. FTA intends to issue pre-award authority pursuant to 2 CFR 
200.458 to incur costs for selected projects beginning on the date FTA 
announces recipients of the FY 2024 awards on FTA's website. Funds are 
only available for projects that have not incurred costs prior to the 
announcement of project selections on FTA's website and the 
corresponding issuance of pre-award authority.

6. Other Submission Requirements

    FTA encourages applicants to identify scaled funding options in the 
event that insufficient funding is available to fund a project at the 
fully requested amount. If an applicant indicates that a project is 
scalable, the applicant must provide an appropriate minimum funding 
amount that will fund an eligible project that achieves the objectives 
of the program and meets all relevant program requirements. The 
applicant must provide a clear explanation of how a reduced award would 
affect the project. FTA may award a lesser amount regardless of whether 
the applicant provides a scalable option.

E. Application Review Information

1. Criteria

    FTA will evaluate proposals submitted according to the following 
criteria: (a) demonstration of need; (b) demonstration of benefits; (c) 
planning and partnerships; (d) local financial commitment; (e) project 
implementation strategy; and (f) technical, legal, and financial 
capacity. Each applicant is encouraged to provide a succinct, logical, 
and orderly response to all criteria referenced in this NOFO. 
Additional information may be

[[Page 78461]]

provided to support the responses; however, any additional 
documentation must be directly referenced on the Supplemental Form, 
including the file name where the additional information can be found.
a. Demonstration of Need
    FTA will evaluate proposals based on how the proposed project will 
address the need for a regional or statewide capital project that 
enables comprehensive community access, including NEMT access, for 
underserved groups. FTA will consider the scope of the overall need or 
challenge as described. Applications should address how the need is 
related to one or both of the following goals:
    (1) A need to coordinate multiple funding sources that can fund 
transportation (i.e. CCAM Program Inventory (https://www.transit.dot.gov/regulations-and-guidance/ccam/about/ccam-program-inventory) which includes aging/disability programs (https://acl.gov/programs), Temporary Assistance for Needy Families (TANF) (https://www.acf.hhs.gov/ofa/programs/temporary-assistance-needy-families-tanf), 
Medicaid (https://www.medicaid.gov/about-us/learn-how-apply-for-coverage/index.html), etc.);
    (2) A need to improve transportation services for the targeted 
disadvantaged community.
b. Demonstration of Benefits
    FTA will evaluate proposals on the benefits provided by the 
proposed project. Benefits will be tied to the ICAM pilot program goals 
and project elements:
    Goals:
    (1) Improve access to coordinated transportation services;
    (2) Reduce duplication of service; and
    (3) Enhance efficiency of the 130 Federal programs that may fund 
human service transportation.
    Project Elements:
    (1) Develop an inter-agency transportation coordinating work group 
at the regional or state-level;
    (2) The adoption of:
    a. Consistent driver and vehicle standards,
    b. Cost allocation rate(s) when clients of different programs use a 
single transportation service, (increasing efficiency by using the same 
vehicles to transport passengers whose trips are funded via different 
Federal programs),
    c. Rate-setting methodology based on the cost allocation rate of 
providing transportation (allows costs to be billed or allocated 
appropriately to the transportation user, facilitating a more efficient 
use of transportation resources), and
    d. Cost allocation technology (enables costs to be shared equitably 
among participating agencies who receive funding from a variety of 
Federal agencies); and
    (3) Implementation of a regional or statewide pilot of coordinated 
service delivery to demonstrate the benefits of coordinated 
transportation.

Proposals for projects that will not directly address the ICAM 
objectives or project elements should describe how the ICAM objectives 
or project elements are already met in the state or region.
c. Planning and Partnerships
    Applicants must describe the eligible project and identify project 
partners and their specific role in the project (e.g., vendor, 
subrecipient, state agency). Successful projects will work 
collaboratively and leverage partnerships with agencies that are 
funding recipients of the Federal agencies that are members of the 
CCAM, such as the Department of Health and Human Services' 
Administration for Community Living, Health Resources and Services 
Administration, and the Centers for Medicare and Medicaid Services. A 
full list of CCAM agencies may be accessed by going to https://www.transit.dot.gov/ccam/about/agencies. Partners also may include 
transportation providers as well as private and nonprofit entities 
involved in the coordination of NEMT for the transportation 
disadvantaged. Applicants should provide evidence of strong commitment 
from key partners, including memoranda of agreement or letters of 
support from relevant State agency stakeholders and partner 
organizations. Any changes to the proposed partnerships will require 
FTA's advance approval and must be consistent with the scope of the 
approved project. Projects may be derived from a locally developed, 
coordinated public transit-human services transportation plan. 
Inclusion in the locally developed coordinated public transit-human 
service transportation plan, local and/or regional long range planning 
documents, and/or local government priorities will demonstrate local/
regional prioritization.
    FTA will evaluate the project based on the extent to which it was 
developed inclusively, incorporating meaningful involvement from key 
stakeholders including consumer representatives of the target groups 
and providers from the healthcare, transportation, and human services 
sectors, among others. The applicant must show significant, ongoing 
involvement of the project's target population.
d. Local Financial Commitment
    Applicants must identify the source of the non-Federal share and 
describe whether such funds are currently available for the project or 
will need to be secured if the project is selected for funding. FTA 
will consider the availability of the non-Federal share as evidence of 
local financial commitment to the project.
e. Project Implementation Strategy
    FTA will evaluate the project on the proposed schedule, the 
applicant's demonstrated ability to implement the proposed project, and 
the applicant's ability to provide impact data during and after the 
pilot project. Applicants should indicate the short-term, mid-term, and 
long-term goals for the project. Proposals must provide specific 
performance measures the eligible project will use to quantify actual 
outcomes against expected outcomes.
    FTA requires each successful applicant to report progress toward 
meeting project objectives on a quarterly basis and a final report at 
the end of the project. FTA will use this data to produce the required 
Annual Report to Congress that contains a detailed description of the 
activities carried out under the pilot program, and an evaluation of 
the program, including an evaluation of the performance measures 
described.
f. Technical, Legal and Financial Capacity
    FTA will evaluate proposals on the capacity of the lead agency and 
any partners to successfully execute the pilot effort. The lead agency 
must have the authority and technical capacity to implement a regional 
or statewide cost allocation pilot project. The applicant should have 
no outstanding legal, technical, or financial issues that would make 
this a high-risk project. FTA will evaluate each proposal (including 
the business plan, financial projections, and other relevant data) for 
feasibility and longer-term sustainability of both the pilot project as 
well as the proposed project at full deployment. Applicants should 
discuss and include any supporting information demonstrating the lead 
agency has successfully executed a similar project or grant. FTA 
intends to select projects with a high likelihood of long-term success 
and sustainability.

2. Review and Selection Process

    A technical evaluation committee made up of Federal staff will 
evaluate proposals based on the published evaluation criteria. FTA may 
request additional information from applicants,

[[Page 78462]]

if necessary. Based on the review of the technical evaluation 
committee, the FTA Administrator will determine the final selection of 
projects for program funding. In determining the allocation of program 
funds, FTA may also consider geographic diversity, diversity in the 
size of the transit systems receiving funding, and the applicant's 
receipt of other competitive awards.
    After applying the above criteria, FTA will give priority 
consideration to projects that support the Justice40 initiative, 
https://www.transportation.gov/equity-Justice40. In support of 
Executive Order 14008, DOT has been developing a geographic definition 
of Historically Disadvantaged Communities as part of its implementation 
of the Justice40 Initiative. Consistent with the Interim Guidance for 
the Justice40 Initiative, Historically Disadvantaged Communities 
include (a) certain qualifying census tracts identified as 
disadvantaged due to categories of environmental, climate, and 
socioeconomic burdens, as identified by the Climate and Economic 
Justice Screening Tool, and (b) any Federally Recognized Tribes or 
Tribal entities, whether or not they have land.\1\ Applicants should 
use the Climate & Economic Justice Screening Tool (CEJST), a new tool 
by the White House Council on Environmental Quality (CEQ), that aims to 
help Federal agencies identify disadvantaged communities as part of the 
Justice40 initiative to accomplish the goal that 40 percent of overall 
benefits from certain Federal investments reach disadvantaged 
communities. Applicants should use CEJST as the primary tool to 
identify disadvantaged communities (Justice40 communities). Applicants 
are strongly encouraged to supplement their use of the CEJST by 
employing the USDOT Equitable Transportation Community (ETC) Explorer 
to understand how their community or project area is experiencing 
disadvantage related to lack of transportation investments or 
opportunities. Through understanding how a community or project area is 
experiencing transportation-related disadvantage, applicants are able 
to address how the benefits of a project will reverse or mitigate the 
burdens of disadvantage and demonstrate how the project will address 
challenges and accrued benefits. https://www.transportation.gov/priorities/equity/justice40/etc-explorer. Additionally, in support of 
the Justice40 Initiative, the applicant also should provide evidence of 
any strategies that the applicant has used in the planning process to 
seek out and consider the needs of those historically disadvantaged and 
underserved by existing transportation systems. For technical 
assistance using either mapping tool, please contact <a href="/cdn-cgi/l/email-protection#16515b595672796238717960"><span class="__cf_email__" data-cfemail="5f1812101f3b302b71383029">[email protected]</span></a>.\2\
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    \1\ https://whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf.
    \2\ See also https://static-data-screeningtool.geoplatform.gov/data-versions/1.0/data/score/downloadable/CEQ-CEJST-Instructions.pdf.
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    If an applicant is proposing to implement autonomous vehicles or 
other innovative motor vehicle technology, the application should 
demonstrate that all vehicles will comply with applicable safety 
requirements, including those administered by the National Highway 
Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety 
Administration (FMCSA). Specifically, the application should show that 
vehicles acquired for the proposed project will comply with applicable 
Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor 
Carrier Safety Regulations (FMCSR). If the vehicles may not comply, the 
application should either (1) show that the vehicles and their proposed 
operations are within the scope of an exemption or waiver that has 
already been granted by NHTSA, FMCSA, or both agencies or (2) directly 
address whether the project will require exemptions or waivers from the 
FMVSS, FMCSR, or any other regulation and, if the project will require 
exemptions or waivers, present a plan for obtaining them. If 
applicable, FTA will also consider the extent to which the application 
presents a plan to address workforce impacts of autonomous vehicles or 
other innovative motor vehicle technology.

3. Integrity and Performance Review

    Prior to making an award, FTA is required to review and consider 
any information about the applicant that is in the Federal Awardee 
Performance and Integrity Information Systems (FAPIIS) accessible 
through SAM. An applicant may review and comment on information about 
itself that a Federal awarding agency previously entered. FTA will 
consider any comments by the applicant, in addition to the other 
information in FAPIIS, in making a judgment about the applicant's 
integrity, business ethics, and record of performance under Federal 
awards when completing the review of risk posed by applicants as 
described in 2 CFR 200.206, Federal Awarding Agency Review of Risk 
Posed by Applicants.

F. Federal Award Administration Information

1. Federal Award Notices

    FTA will announce the final project selections on the FTA website. 
Project recipients should contact their FTA Regional Office for 
additional information regarding allocations for projects under each 
program. At the time the project selections are announced, FTA expects 
to extend pre-award authority for the selected projects. There is no 
pre-award authority for these projects before announcement.

2. Administrative and National Policy Requirements

i. Grant Requirements
    Selected applicants will submit a grant application through FTA's 
Transit Award Management System (TrAMS) and adhere to FTA grant 
requirements. All competitive grants will be subject to the 
congressional notification and release process. All ICAM awards are 
subject to the requirements of the Formula Grants for the Enhanced 
Mobility of Seniors and Individuals with Disabilities (49 U.S.C. 5310), 
including those of FTA Circular ``Enhanced Mobility of Seniors and 
Individuals with Disabilities Program Guidance and Application 
Instructions'' (FTA.C.9070.1). All recipients must accept the FTA 
Master Agreement and follow the Award Management Requirements 
(FTA.C.5010.1E) and the labor protections required by Federal public 
transportation law (49 U.S.C. 5333(b)). Technical assistance regarding 
these requirements is available from each FTA Regional Office.
    By submitting a grant application, the applicant assures that it 
will comply with all applicable Federal statutes, regulations, 
Executive orders, directives, FTA circulars and other Federal 
administrative requirements in carrying out any project supported by 
the FTA grant, including the Davis-Bacon Act (40 U.S.C. 3141-3144, and 
3146-3148) as supplemented by Department of Labor regulations (29 CFR 
part 5, ``Labor Standards Provisions Applicable to Contracts Covering 
Federally Financed and Assisted Construction''). Further, the applicant 
acknowledges that it is under a continuing obligation to comply with 
the terms and conditions of the grant agreement issued for its project 
with FTA. The applicant understands that Federal laws, regulations, 
policies, and administrative practices might be modified from time to 
time and may

[[Page 78463]]

affect the implementation of the project. The applicant agrees that the 
most recent Federal requirements will apply to the project unless FTA 
issues a written determination otherwise. The applicant must submit the 
Certifications and Assurances before receiving a grant if it does not 
have current certifications on file.
    As authorized by Section 25019 of the BIL, applicants are 
encouraged to implement a local or other geographical or economic 
hiring preference relating to the use of labor for construction of a 
project funded by the grant, including pre-hire agreements, subject to 
any applicable State and local laws, policies, and procedures.
ii. Made in America
    A project funded under this NOFO must comply with FTA's Buy America 
(49 U.S.C. 5323(j)) and the Build America, Buy America Act's domestic 
preference requirements for infrastructure projects (Sec. Sec.  70901-
70927 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58), 
which together require that all iron, steel, manufactured goods, and 
construction materials used in the project be produced in the United 
States and set minimum domestic content and final assembly requirements 
for rolling stock.
    Any proposal that will require a waiver of any domestic preference 
standard must identify the items for which a waiver will be sought in 
the application. Applicants should not proceed with the expectation 
that waivers will be granted.
iii. Civil Rights Requirements
    Applications should demonstrate that the recipient has a plan for 
compliance with civil rights obligations and nondiscrimination laws, 
including Title VI of the Civil Rights Act of 1964, the Americans with 
Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and 
accompanying regulations. This should include a current Title VI 
Program Plan and a completed Community Participation Plan 
(alternatively called a Public Participation Plan and often part of the 
overall Title VI program plan), if applicable. Applicants who have not 
sufficiently demonstrated the conditions of compliance with civil 
rights requirements will be required to do so before receiving funds.
    Recipients of Federal transportation funding will be required to 
comply fully with the DOT's regulations and guidance for the ADA and 
all relevant civil rights requirements. The Department's and FTA's 
Office of Civil Rights will work with awarded grant recipients to 
ensure full compliance with Federal civil rights requirements.
iv. Disadvantaged Business Enterprise
    Recipients of planning or capital assistance that will award prime 
contracts, the cumulative total of which exceeds $250,000 in FTA funds 
in a Federal fiscal year, must have a Disadvantaged Business Enterprise 
(DBE) program that complies with the U.S. Department of 
Transportation's DBE regulation (49 CFR part 26).
    To be eligible to bid on any FTA-assisted vehicle procurement, 
entities that manufacture transit vehicles or perform post-production 
alterations or retrofitting must be certified Transit Vehicle 
Manufacturers (TVM). If a vehicle remanufacturer is responding to a 
solicitation for new or remanufactured vehicles with a vehicle to which 
the remanufacturer has provided post-production alterations or 
retrofitting (e.g., replacing major components such as engine to 
provide a ``like new'' vehicle), the vehicle remanufacturer must be a 
certified TVM.
v. Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats. TSA issued Security Directive 1582-21-01B, ``Enhancing 
Public Transportation and Passenger Railroad Cybersecurity'' on October 
23, 2023. The Security Directive, which applies to all public passenger 
rail owners and operators identified in 49 CFR 1582.101 and other TSA-
designated owner/operators, requires four critical actions:
    1. Designate a cybersecurity coordinator who is required to be 
available to TSA and the DHS's CISA at all times (all hours/all days) 
to coordinate implementation of cybersecurity practices, and manage of 
security incidents, and serve as a principal point of contact with TSA 
and CISA for cybersecurity-related matters;
    2. Report cybersecurity incidents to CISA;
    3. Develop a Cybersecurity Incident Response Plan to reduce the 
risk of operational disruption should their Information and/or 
operational technology systems be affected by a cybersecurity incident; 
and
    4. Conduct a cybersecurity vulnerability assessment using the form 
provided by TSA and submit the form to TSA. The vulnerability 
assessment will include an assessment of current practices and 
activities to address cyber risks to information and operational 
technology systems, identify gaps in current cybersecurity measures, 
and identify remediation measures and a plan for the owner/operator to 
implement the remediation measures to address any vulnerabilities and 
gaps.
    TSA issued IC-2021-01, ``Enhancing Surface Transportation 
Cybersecurity'', dated December 31, 2021, which applies to each 
passenger railroad, public transportation agency, or rail transit 
system owner/operator not specifically covered under Security Directive 
1582-21-01. This circular provides the same four recommendations for 
enhancing cybersecurity practices listed above. While this document is 
guidance and does not impose any mandatory requirements, TSA strongly 
recommends the adoption of the measures set forth in the circular.
vi. Planning
    FTA encourages applicants to engage the appropriate State 
departments of transportation, Regional Transportation Planning 
Organizations, or Metropolitan Planning Organizations in areas to be 
served by the project funds available under these programs.
vii. Reporting
    Post-award reporting requirements include submission of Federal 
Financial Reports and Milestone Progress Reports in FTA's electronic 
grants management system. An independent evaluation of the pilot 
program may occur at various points in the deployment process and at 
the end of the pilot project. In addition, FTA is responsible for 
producing an annual report to Congress evaluating the program, 
including an evaluation of the performance and outcome measures 
identified by the applicants. All applicants must develop a final 
report evaluating their performance measures and measuring the success 
or failure of their projects. FTA will provide successful applicants 
with technical assistance through the National Aging and Disability 
Transportation Center. The technical assistance will focus on the 
detailed development of project performance measures that are linked to 
project outcomes. FTA may request data and reports to support the 
independent evaluation and annual report. Applicants should also 
include any goals, targets, and indicators referenced in their 
application to the project in the Executive Summary of the TrAMS 
application.
    FTA is committed to making evidence-based decisions guided by the 
best available science and data. In accordance with the Foundations for 
Evidence-based Policymaking Act of 2018 (Evidence Act), FTA may use 
information submitted in discretionary

[[Page 78464]]

funding applications; information in FTA's Transit Award Management 
System (TrAMS), including grant applications, Milestone Progress 
Reports (MPRs), Federal Financial Reports (FFRs); transit service, 
ridership and operational data submitted in FTA's National Transit 
Database; documentation and results of FTA oversight reviews, including 
triennial and state management reviews; and other publicly available 
sources of data to build evidence to support policy, budget, 
operational, regulatory, and management processes and decisions 
affecting FTA's grant programs.
    As part of completing the annual certifications and assurances 
required of FTA grant recipients, a successful applicant must report on 
the suspension or debarment status of itself and its principals. If the 
award recipient's active grants, cooperative agreements, and 
procurement contracts from all Federal awarding agencies exceeds 
$10,000,000 for any period of time during the period of performance of 
an award made pursuant to this notice, the recipient must comply with 
the Recipient Integrity and Performance Matters reporting requirements 
described in Appendix XII to 2 CFR part 200.

G. Federal Awarding Agency Contact

    For questions about applying to the pilot program outlined in this 
notice, please contact the FTA Program Manager, Destiny Buchanan, 
phone: (202) 493-8018, or email, <a href="/cdn-cgi/l/email-protection#43072630372a2d3a6d0136202b222d222d03272c376d242c35"><span class="__cf_email__" data-cfemail="a0e4c5d3d4c9ced98ee2d5c3c8c1cec1cee0c4cfd48ec7cfd6">[email protected]</span></a>. A TDD is 
available at 1-800-877-8339 (TDDFIRS). Additionally, you may visit 
FTA's website for this program at https://www.transit.dot.gov/funding/grants/grant-programs/access-and-mobility-partnership-grants.
    To ensure that applicants receive accurate information about 
eligibility or the program, applicants are encouraged to contact FTA 
directly with questions, rather than through intermediaries or third 
parties. FTA staff also may conduct briefings on the FY 2024 
competitive grants selection and award process upon request. Contact 
information for FTA's regional offices can be found on FTA's website at 
https://www.transit.dot.gov/.

H. Other Information

    This program is not subject to Executive Order 12372, 
Intergovernmental Review of Federal Programs.
    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. The Department may share application 
information within the Department or with other Federal agencies if the 
Department determines that sharing is relevant to the respective 
program's objectives. If an applicant submits information the applicant 
considers to be a trade secret or confidential commercial or financial 
information, the applicant must provide that information in a separate 
document, which the applicant may reference from the application 
narrative or other portions of the application. For the separate 
document containing confidential information, the applicant must do the 
following: (1) state on the cover of that document that it ``Contains 
Confidential Business Information (CBI);'' (2) mark each page that 
contains confidential information with ``CBI;'' (3) highlight or 
otherwise denote the confidential content on each page; and (4) at the 
end of the document, explain how disclosure of the confidential 
information would cause substantial competitive harm. FTA will protect 
confidential information complying with these requirements to the 
extent required under applicable law. If FTA receives a Freedom of 
Information Act (FOIA) request for the information that the applicant 
has marked in accordance with this section, FTA will follow the 
procedures described in DOT's FOIA regulations at 49 CFR 7.29. Only 
information that is in the separate document, marked in accordance with 
this section, and ultimately determined to be confidential will be 
exempt from disclosure under FOIA.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-25181 Filed 11-14-23; 8:45 am]
BILLING CODE 4910-57-P


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