Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Notices 83597 

necessary for the FHWA’s performance; 

(2) the accuracy of the estimated 

burdens; (3) ways for the FHWA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized, including the use of 

electronic technology, without reducing 

the quality of the collected information. 

The agency will summarize and/or 

include your comments in the request 

for OMB’s clearance of this information 

collection. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. chapter 35, as 

amended; and 49 CFR 1.48. 

Issued on: November 27, 2023. 

Jazmyne Lewis, 

Information Collection Officer. 

[FR Doc. 2023–26360 Filed 11–29–23; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Prevention of Alcohol Misuse and 

Prohibited Drug Use in Transit 

Operations 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of calendar year 2024 

random drug and alcohol testing rates. 

SUMMARY: This notice announces the 

calendar year 2024 drug and alcohol 

random testing rates for specific 

recipients of FTA financial assistance. 

The minimum random drug testing rate 

will remain at 50 percent, and the 

random alcohol testing rate will remain 

at 10 percent. 

DATES: Applicability Date: January 1, 

2024. 

FOR FURTHER INFORMATION CONTACT: Iyon 

Rosario, Drug and Alcohol Program 

Manager in the Office of Transit Safety 

and Oversight, 1200 New Jersey Avenue 

SE, Washington, DC 20590 (telephone: 

202–366–2010 or email: Iyon.Rosario@

dot.gov). 

SUPPLEMENTARY INFORMATION: On 

January 1, 1995, FTA required large 

transit employers to begin drug and 

alcohol testing of employees performing 

safety-sensitive functions, and to submit 

annual reports by March 15 of each year 

beginning in 1996, pursuant to drug and 

alcohol regulations adopted by FTA at 

49 CFR parts 653 and 654 in February 

1994. The annual report includes the 

number of employees who had a 

verified positive test for the use of 

prohibited drugs, and the number of 

employees who tested positive for the 

misuse of alcohol during the reported 

year. Small employers commenced the 

required testing on January 1, 1996, and 

began reporting the same information as 

the large employers beginning March 

15, 1997. 

FTA updated the testing rules by 

merging them into a new 49 CFR part 

655, effective August 1, 2001 (66 FR 

42002). The regulation maintained a 

random testing rate for prohibited drugs 

at 50 percent and the misuse of alcohol 

at 10 percent. The Administrator may 

lower the random testing rate to 25 

percent if the violation rates drop below 

1.0 percent for drug testing and 0.5 

percent for alcohol testing for two 

consecutive years. Accordingly, in 2007, 

FTA reduced the random drug testing 

rate from 50 percent to 25 percent (72 

FR 1057). In 2018, however, FTA 

returned the random drug testing rate to 

50 percent for calendar year 2019 based 

on verified industry data for calendar 

year 2017, which showed that the rate 

had exceeded 1 percent (83 FR 63812). 

Pursuant to 49 CFR 655.45, the 

Administrator’s decision to determine 

the minimum annual percentage rate for 

random drug and alcohol testing is 

based, in part, on the reported positive 

drug and alcohol violation rates for the 

entire public transportation industry. 

The information used for this 

determination is drawn from the Drug 

and Alcohol Management Information 

System (MIS) reports required by 49 

CFR 655.72. To ensure the reliability of 

the data, the Administrator must 

consider the quality and completeness 

of the reported data, may obtain 

additional information or reports from 

employers, and may make appropriate 

modifications in calculating the 

industry’s verified positive results and 

violation rates. 

For calendar year 2024, the 

Administrator has determined that the 

minimum random drug testing rate for 

covered employees will remain at 50 

percent based on a verified positive rate 

for prohibited drug use of 1.09 percent 

for calendar year 2022 and 0.99 percent 

for calendar year 2021. Further, the 

Administrator has determined that the 

minimum random alcohol testing rate 

for calendar year 2024 will remain at 10 

percent, because the violation rate again 

was lower than 0.5 percent for calendar 

years 2022 and 2021. The random 

alcohol violation rates were 0.18 percent 

for 2022 and 0.13 for 2021. 

Detailed reports on FTA’s drug and 

alcohol testing data collected from 

transit employers may be obtained from 

FTA, Office of Transit Safety and 

Oversight, 1200 New Jersey Avenue SE, 

Washington, DC, 20590, (202) 366–2010, 

or at: https://transit-safety.fta.dot.gov/

DrugAndAlcohol/Publications/Default.

aspx. 

Nuria I. Fernandez, 

Administrator. 

[FR Doc. 2023–26347 Filed 11–29–23; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Fiscal Year 2024 Competitive Funding 

Opportunity: All Stations Accessibility 

Program 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice of funding opportunity 

(NOFO). 

SUMMARY: The Federal Transit 

Administration (FTA) announces the 

opportunity to apply for approximately 

$343 million in competitive grants 

under the fiscal year (FY) 2024 All 

Stations Accessibility Program (ASAP). 

DATES: Complete proposals must be 

submitted electronically through the 

GRANTS.GOV ‘‘APPLY’’ function by 

11:59 p.m. Eastern time on January 30, 

2024. Prospective applicants should 

initiate the process by registering on the 

GRANTS.GOV website promptly to 

ensure completion of the application 

process before the submission deadline. 

Instructions for applying can be found 

on FTA’s website at https://

www.transit.dot.gov/howtoapply and in 

the ‘‘FIND’’ module of GRANTS.GOV. 

The funding opportunity ID is FTA– 

2024–001–TPM–ASAP. 

FOR FURTHER INFORMATION CONTACT: For 

further information concerning this 

notice, please contact Kevin Osborn, All 

Stations Accessibility Program Manager, 

via email at Kevin.Osborn@dot.gov or 

call 202–366–7519. 

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 Contacts 

H. Other Information 

A. Program Description 

Division J of the Bipartisan 

Infrastructure Law (enacted as the 

Infrastructure Investment and Jobs Act, 

Pub. L. 117–58) authorizes FTA to 

award grants for public transportation 

rail station accessibility projects, for 


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‘‘legacy’’ stations, through a competitive 

process, as described in this notice. 

Legacy stations for purposes of this 

NOFO are defined as public 

transportation stations already 

constructed or where construction 

began prior to January 25, 1992, or for 

commuter rail stations already 

constructed or where construction 

began prior to October 7, 1991, that 

were not identified as key stations and 

remain not accessible to or usable by 

persons with disabilities, including 

wheelchair users. ASAP provides 

funding to States (including territories 

and Washington, DC) and local 

governmental authorities to help finance 

capital projects to upgrade the 

accessibility of legacy rail fixed 

guideway public transportation systems 

(e.g., subway, commuter rail, light rail) 

for persons with disabilities, including 

those who use wheelchairs, by 

increasing the number of existing 

stations or facilities, such as outdoor 

light-rail boarding and alighting areas, 

that are fully accessible. For purposes of 

this NOFO, ‘‘fully accessible’’ means all 

of the passenger-use publicly accessible 

areas in the station(s) or facilities for 

passenger use meet or exceed the 

standards for new construction under 

title II of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12131 

et seq.) as incorporated into appendix A 

of 49 CFR part 37. Grants under this 

program are for (1) capital projects to 

repair, improve, modify, retrofit, or 

relocate infrastructure of stations or 

facilities for passenger use, including 

load-bearing members that are an 

essential part of the structural frame; or 

(2) for planning projects to develop or 

modify a plan for pursuing public 

transportation accessibility projects, 

assessments of accessibility, or 

assessments of planned modifications to 

stations or facilities for passenger use. 

This funding opportunity can be 

found under Federal Assistance Listing 

20.533. FTA seeks to fund projects that 

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). In addition, 

the Department intends to use the 

program to support the creation of goodpaying jobs with the free and fair choice 

to join a union and the incorporation of 

strong labor standards and training and 

placement programs, especially 

registered apprenticeships, in project 

planning stages, consistent with 

Executive Order 14025, Worker 

Organizing and Empowerment (86 FR 

22829), and Executive Order 14052, 

Implementation of the Infrastructure 

Investment and Jobs Act (86 FR 64335). 

The Department also intends to use the 

program to support wealth creation, 

consistent with the Department’s Equity 

Action Plan, through the inclusion of 

local inclusive economic development 

and entrepreneurship, such as the 

utilization of Disadvantaged Business 

Enterprises. 

B. Federal Award Information 

The Bipartisan Infrastructure Law 

appropriated $350,000,000 for FY 2024 

for ASAP. After the administrative 

oversight and Office of Inspector 

General takedown of $7,000,000, FTA is 

announcing the availability of 

$343,000,000 for ASAP grants through 

this notice. FTA may also award any 

additional funds made available for 

ASAP prior to project selections. FTA 

may cap the amount a single recipient 

or State may receive as part of the 

selection process. 

FTA will grant pre-award authority to 

incur costs for selected projects 

beginning on the date FY 2024 project 

selections are announced on FTA’s 

website. Funds are available for 

obligation for three 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 for ASAP include 

designated recipients that operate or 

allocate funds to inaccessible preADA—or ‘‘legacy’’—rail fixed guideway 

public transportation systems, and 

States (including territories and 

Washington, DC) and local 

governmental entities that operate or 

financially support legacy rail fixed 

guideway public transportation systems 

and corresponding legacy stations/ 

facilities. The law limits ASAP to legacy 

rail fixed guideway public 

transportation systems with stations or 

facilities for passenger use that are not 

already accessible to and usable by 

persons with disabilities, including 

wheelchair users. To be considered 

eligible, applicants must be able to 

demonstrate the requisite legal, 

financial, and technical capabilities to 

receive and administer Federal funds 

under this program. Assistance on this 

requirement is available from FTA’s 

Regional Offices. 

2. Cost Sharing or Matching 

The maximum Federal share as 

identified in the law for an eligible 

project shall not exceed 80 percent of 

the net project cost. 

Eligible sources of match include the 

following: state or local government 

revenues, cash from non-government 

sources other than revenues from 

providing public transportation 

services; revenues derived from the sale 

of advertising and concessions; amounts 

received under a service agreement with 

a State or local social service agency or 

private social service organization; 

revenues generated from value capture 

financing mechanisms; funds from an 

undistributed cash surplus; replacement 

or depreciation cash fund or reserve; 

new capital; or in-kind contributions. 

Transportation development credits or 

in-kind match may be used for local 

match if identified and documented in 

the application. 

3. Eligible Projects 

Eligible projects under ASAP include 

(1) capital projects to repair, improve, 

modify, retrofit, or relocate 

infrastructure of stations or facilities for 

passenger use, including load-bearing 

members that are an essential part of the 

structural frame; or (2) for planning 

projects to develop or modify a plan for 

pursuing public transportation 

accessibility projects, assessments of 

accessibility, or assessments of planned 

modifications to stations or facilities for 

passenger use projects; or programs of 

projects in an eligible area. Please note, 

capital projects are limited to only those 

that, upon completion, will meet or 

exceed the standards for new 

construction under title II of the 

Americans with Disabilities Act of 1990 

(42 U.S.C. 12131 et seq.), as 

incorporated into appendix A of 49 CFR 

part 37. Eligible costs are limited to 

project costs associated with the 

accessibility improvements. 

Neither a capital grant nor a planning 

grant awarded under this program may 

be used to upgrade a station or facility 

for passenger use that is already 

accessible to and usable by individuals 

with disabilities, including individuals 

who use wheelchairs, consistent with 

the construction standards under title II 

of the Americans with Disabilities Act 

of 1990 (ADA) (42 U.S.C. 12131 et seq.) 

in place at the time the station or 

passenger facility was originally 

constructed or upgraded. Only legacy 

stations or passenger facilities that 

existed prior to the ADA and were not 


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made accessible in the intervening time 

are therefore eligible. 

Any project of station upgrades or 

passenger facility that does not result in 

full accessibility consistent with title II 

of the ADA as incorporated by appendix 

A of 49 CFR part 37 and usability by 

persons with disabilities, including 

wheelchair users, is not eligible under 

this program. Any project to upgrade a 

station previously identified as one 

already required to be accessible to and 

usable by persons with disabilities, 

including those that use wheelchairs, 

per the requirements of 49 CFR part 37, 

including key stations and intercity rail 

stations, is not eligible under this 

program. Projects for maintenance or 

repair activities for elements of existing 

accessible stations or passenger facilities 

that are otherwise subject to the ongoing 

maintenance requirements under 49 

CFR 37.161(a) are not eligible under this 

program. Maintenance and repair 

activities for stations altered under this 

program are subject to the same ongoing 

maintenance provision, and are 

similarly ineligible. 

D. Application and Submission 

Information 

1. Address To Request Application 

Package 

Application materials may be 

accessed on grants.gov. Applications 

must be submitted electronically 

through GRANTS.GOV. General 

information for accessing and 

submitting applications through 

GRANTS.GOV can be found at https:// 

www.fta.dot.gov/howtoapply along with 

specific instructions for the forms and 

attachments required for submission. A 

complete proposal submission for each 

program consists of two forms: the SF– 

424 Application for Federal Assistance 

(available at GRANTS.GOV) and the 

supplemental form for the FY 2024 All 

Stations Accessibility Program 

(downloaded from GRANTS.GOV or the 

FTA website at https://www.transit.

dot.gov/grants/all-stations-accessibilityprogram). Please note that if an 

applicant is applying for both a 

planning and construction project, they 

must submit two different applications 

via GRANTS.GOV. Failure to submit the 

information as requested can delay 

review or disqualify the application. 

2. Content and Form of Application 

Submission 

a. Proposal Submission 

A complete proposal submission for 

each program consists of two forms: (1) 

the SF–424 Application for Federal 

Assistance; and (2) the supplemental 

form for the FY 2024 All Stations 

Accessibility Program. The 

supplemental form and any supporting 

documents must be attached to the 

‘‘Attachments’’ section of the SF–424. 

The application must include responses 

to all sections of the SF–424 

Application for Federal Assistance and 

the supplemental form, unless indicated 

as optional. The information on the 

supplemental form will be used to 

determine applicant and project 

eligibility for the program, and to 

evaluate the proposal against the 

selection criteria described in section 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 

a State or other applicant chooses to 

submit separate proposals for individual 

consideration by FTA, each proposal 

must be submitted using a separate SF– 

424 and supplemental form. Applicants 

applying for both a planning and a 

construction project must submit two 

separate applications, one for each type 

of project. 

Applicants may attach additional 

supporting information to the SF–424 

submission, including but not limited to 

letters of support, project budgets, 

accessibility information, or excerpts 

from relevant planning documents. Any 

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, description of areas served, etc. 

may be requested in varying degrees of 

detail on both the SF–424 and 

supplemental form. Applicants must fill 

in all fields unless stated otherwise on 

the forms. If information is copied into 

the supplemental form from another 

source, applicants should verify that 

pasted text is fully captured on the 

supplemental form and has not been 

truncated by the character limits built 

into the form. Applicants should use 

both the ‘‘Check Package for Errors’’ and 

the ‘‘Validate Form’’ validation buttons 

on both forms to check all required 

fields on the forms, and ensure that the 

Federal and local amounts specified are 

consistent. Applicants should enter 

their information in the supplemental 

form (fillable PDF) that is made 

available on FTA’s website or through 

the GRANTS.GOV application package, 

and should attach this to the application 

in its original format. Applicants should 

not use scanned versions of the form, 

‘‘print’’ the form to PDF, convert or 

create a version using another text 

editor, etc. 

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. 

b. Application Content 

The SF–424 Application for Federal 

Assistance and the supplemental form 

will prompt applicants for the required 

information, including: 

i. Applicant name. 

ii. Unique Entity Identifier. 

iii. Key contact information 

(including contact name, address, email 

address, and phone). 

iv. Congressional district(s) where 

project will take place. 

v. Project information (including title, 

an executive summary, and type). 

vi. A detailed description of the need 

for the project. 

vii. A detailed description on how the 

project will support the Program’s 

objectives. 

viii. Evidence that the project is 

consistent with local and regional 

planning documents. 

ix. Evidence that the applicant can 

provide the local cost share. 

x. A description of the technical, 

legal, and financial capacity of the 

applicant. 

xi. A detailed project budget—Project 

budgets 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: nonFederal, ASAP and other Federal with 

specific amounts from each funding 

source. 

xii. An explanation of the scalability 

of the project—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. 

Proposed scalable projects must still 

result in a station or passenger facility 

with full accessibility to and usability 

by persons with disabilities, including 

wheelchair users. The applicant must 

provide a clear explanation of how the 

project budget would be affected by a 


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reduced award. FTA may award a lesser 

amount regardless of whether a scalable 

option is provided. 

xiii. Details on the non-Federal 

matching funds. 

xiv. Details on any other Federal 

funds awarded or applied for. 

xv. A detailed project timeline. 

xvi. A system map and listing of 

accessible vs inaccessible stations, and 

which station(s) they are proposing to 

upgrade. 

xvii. 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 at 

all times during which the applicant has 

an active Federal award or an 

application or plan under consideration 

by FTA. These requirements do not 

apply if the applicant has an exemption 

approved by FTA pursuant to 2 CFR 

25.110(c) or is otherwise excepted from 

registration requirements. 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. 

All applicants must provide a unique 

entity identifier provided by SAM. 

Registration in SAM may take as little 

as 3–5 business days, but since there 

could be unexpected steps or delays (for 

example, if there is a need to obtain an 

Employer Identification Number), 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. 

4. Submission Dates and Times 

Project proposals must be submitted 

electronically through GRANTS.GOV by 

11:59 p.m. Eastern time on January 30, 

2024. GRANTS.GOV attaches a time 

stamp to each application at the time of 

submission. Proposals submitted after 

the deadline will only be considered 

under extraordinary circumstances 

when the lateness was for reasons not 

under the applicant’s control. Mail and 

fax submissions will not be accepted. 

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. 

FTA urges applicants to submit 

applications at least 72 hours prior to 

the due date to allow time to receive the 

validation messages and to correct any 

problems that may have caused a 

rejection notification. GRANTS.GOV 

scheduled maintenance and outage 

times are announced on the 

GRANTS.GOV website. Deadlines will 

not be extended due to scheduled 

website maintenance. 

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 take 

steps to keep their registrations up to 

date before submissions can be made 

successfully. For example, 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 under this NOFO cannot be 

used to reimburse applicants for 

otherwise eligible expenses incurred 

prior to FTA award of a grant agreement 

until FTA has issued pre-award 

authority for selected projects. FTA 

expects to issue pre-award authority to 

incur costs for selected projects 

beginning on the date that project 

selections are announced. FTA does not 

provide pre-award authority for 

competitive funds until projects are 

selected, and even then, there are 

Federal requirements that must be met 

before costs are incurred. FTA will issue 

specific guidance to awardees regarding 

pre-award authority at the time of 

selection. For more information about 

FTA’s policy on pre-award authority, 

please see the most recent 

Apportionment Notice on FTA’s 

website. Refer to section C.3., Eligible 

Projects, for information on activities 

that are allowable in this grant program. 

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 may not be 

used to support or oppose union 

organizing. 

6. Other Submission Requirements 

All applications must be submitted 

via the GRANTS.GOV website. FTA 

does not accept applications on paper, 

by fax machine, email, or other means. 

For information on application 

submission requirements, please see 

section D.1. of this notice, Address to 

Request Application. 

E. Application Review Information 

1. Criteria 

Projects will be evaluated primarily 

on the responses provided in the 

supplemental form. Additional 

information may be 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. 

FTA will evaluate proposals based on 

the criteria described in this notice. 

a. Demonstration of Need 

For station or passenger facility 

accessibility improvement projects: 

FTA will evaluate the need for the 

project, including supporting 

information that describes the lack of 

accessibility at, the condition, of and 

age of the stations or passenger facilities 

for passenger use to be made fully 

accessible. Applicants are encouraged to 

include a detailed project description 

and scope that explains how the 

proposed project will make all of the 

passenger-use publicly accessible areas 

in the station(s) or facilities for 

passenger use fully accessible in 

accordance with title II of the 

Americans with Disabilities Act of 1990 

(42 U.S.C. 12131 et seq.), as 

incorporated into appendix A of 49 CFR 

part 37. Applicants should demonstrate 

that this is a legacy rail station that was 

not already required to be made fully 

accessible in accordance with the ADA. 

FTA will evaluate whether the project 

(1) addresses an overall lack of 

accessible stations in a particular 

geographic area; (2) is at a major 

interchange point with other 

transportation modes; (3) serves major 

activity or cultural centers, such as 

employment or government centers, 

sports or entertainment venues, centers 

of economic activity or commerce, 

cultural or community centers, 


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institutions of higher education, 

hospitals or other major health care 

facilities, or other facilities that are 

major trip generators; (4) is a transfer 

station(s) on a rail line, between rail 

lines, or is an end of the line station; (5) 

is a station or passenger facility where 

passenger boardings exceed average 

station or facility passenger boardings 

on the rail system and/or (6) is able to 

demonstrate reductions in ADA 

paratransit reliance through paratransit 

origin-to-destination pairs analysis. 

For planning projects: 

FTA will evaluate how well the 

applicant demonstrates that the 

proposed planning project will develop 

or modify a plan for pursuing public 

transportation accessibility projects, 

assessments of accessibility, or 

assessments of planned modifications to 

stations or facilities for passenger use. 

Applicants are encouraged to reference 

how the project supports local and 

regional prioritization of increased 

accessibility at their existing legacy rail 

fixed guideway public transportation 

stations or passenger facilities. 

b. Demonstration of Benefits 

For station or passenger facility 

accessibility improvement projects: 

FTA will evaluate how well the 

applicant details how the project will 

increase the accessibility of legacy rail 

fixed guideway public transportation 

systems for persons with disabilities, 

including those who use wheelchairs, 

by increasing the number of existing 

stations or passenger facilities for 

passenger use that meet or exceed the 

standards for new construction under 

title II of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12131 

et seq.) as incorporated into appendix A 

of 49 CFR part 37. See: https://

www.access-board.gov/files/ada/

ADAdotstandards.pdf. FTA will rate 

projects higher if they propose to exceed 

the construction standards, by providing 

multiple paths of travel for people with 

physical disabilities (including those 

who use wheelchairs) or technologies to 

improve accessibility for people with 

sensory or cognitive disabilities, as 

examples. FTA will evaluate if the 

applicant described how the proposed 

station, stations, or facilities for 

passenger use were analyzed and 

selected to improve accessibility and 

usability for passengers with disabilities 

within the system. 

For planning projects: 

FTA will evaluate how well the 

applicant details how the resulting 

planning project will advance 

accessibility for persons with 

disabilities, including wheelchair users, 

and result in a future capital project that 

will make a legacy station or facility 

fully accessible. FTA will evaluate how 

well the applicant addresses the 

timeline and steps remaining after the 

project would be completed, before a 

construction project could commence to 

repair, improve, modify, retrofit, or 

relocate infrastructure of stations or 

facilities for passenger use. 

c. Planning and Local or Regional 

Prioritization 

FTA will evaluate how the applicant 

demonstrates how the proposed project 

is consistent with local and regional 

long-range planning documents and 

local government priorities. FTA will 

evaluate applications based on the 

extent to which the project is consistent 

with the transit priorities or illustrative 

projects identified in the metropolitan 

long-range plan or the investment 

prioritization portion of the transit asset 

management plan of the recipient 

pursuant to part 625 of title 49 of the 

Code of Federal Regulations. Applicants 

may submit copies of the relevant pages 

of such plans to support their 

application. FTA will also consider 

letters of support from local and 

regional planning organizations, local 

government officials, public agencies, 

non-profit or private sector 

organizations, and other relevant 

stakeholders. 

FTA will evaluate if the applicant 

provided any information documenting 

outreach to, engagement with, and 

support for the project among the 

surrounding local disability community, 

such as centers for independent living, 

as well as other communities likely to 

be affected by the project, and explained 

how feedback received during the 

outreach was or was not meaningfully 

incorporated into project plans. 

Applications will be rated higher that 

demonstrate how the passenger stations 

or facilities proposed for investment 

were selected from a stakeholder 

engagement process with local disability 

community members and organizations, 

including individuals with physical 

disabilities (including those who use 

wheelchairs), sensory disabilities, and 

intellectual or developmental 

disabilities. Letters of support may be 

submitted with the application that 

demonstrate that each station proposed 

for investment is supported by 

stakeholders in the surrounding 

disability community. 

FTA will evaluate if the applicant 

documented compliance with all civil 

rights and other applicable legal 

requirements, as well as any 

information relevant to advancing the 

goal of environmental justice for all, 

such as access for persons with limited 

English proficiency, persons with 

disabilities, and persons experiencing 

environmental injustices. 

FTA will evaluate if the applicant 

identified current and future climate 

and natural hazard risks to the proposed 

project, or provided information in 

support of or the lack thereof. This 

includes consideration of risks over the 

service life of the project and 

identification of approaches to reduce 

potential disruptions to passengers from 

natural hazards. To support this 

narrative, the applicant may reference 

and include applicable excerpts from 

climate and/or environmental justice 

planning documents such as local or 

regional climate action plans. 

d. Local Financial Commitment 

FTA will evaluate if the applicant 

identified the source of the non-Federal 

cost 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 nonFederal cost share as evidence of local 

financial commitment to the project. 

FTA will evaluate if the applicant 

submitted evidence of the availability of 

funds for the project, for example, by 

including a board resolution, letter of 

support from the State, a budget 

document highlighting the line item or 

section committing funds to the 

proposed project, or other 

documentation of the source of nonFederal funds. The applicant should 

also identify other Federal funds the 

applicant is applying for or has been 

awarded, if any, that the applicant 

intends to use. 

e. Project Implementation Strategy 

FTA will rate projects higher if grant 

funds can be obligated within 12 

months of selection and the project can 

be implemented within a reasonable 

time frame. In assessing when funds can 

be obligated, FTA will consider whether 

the project qualifies for a Categorical 

Exclusion (CE), or whether the required 

environmental work has been initiated 

or completed for a project that requires 

an Environmental Assessment (EA) or 

Environmental Impact Statement (EIS) 

under the National Environmental 

Policy Act of 1969 (NEPA). As such, 

applicants should submit information 

describing the project’s anticipated path 

and timeline through the environmental 

review process for all proposals, 

including whether the project qualifies 

for a CE. The proposal must state when 

grant funds can be obligated and 

indicate the timeframe under which the 

Metropolitan Transportation 

Improvement Program (TIP) and 


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1Supportive services are critical to help women 

and people facing systemic barriers to employment 

be able to participate and thrive in training and 

employment. Supportive services include childcare, 

tools, work clothing, application fees and other 

costs of apprenticeship or required pre-employment 

training, transportation and travel to training and 

work sites, and services aimed at helping to retain 

underrepresented groups such as mentoring, 

support groups, and peer networking. 

2https://www.whitehouse.gov/wp-content/ 

uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf. 

3See also https://static-datascreeningtool.geoplatform.gov/data-versions/1.0/ 

data/score/downloadable/CEQ-CEJSTInstructions.pdf. 

Statewide Transportation Improvement 

Program (STIP) can be amended, if 

necessary, to include the proposed 

project. 

In assessing whether the proposed 

implementation plans are reasonable 

and complete, FTA will review the 

proposed project implementation plan, 

including all necessary project 

milestones and the overall project 

timeline. For projects that will require 

formal coordination, approvals, or 

permits from other agencies or project 

partners, the applicant must 

demonstrate coordination with these 

organizations and their support for the 

project, such as through letters of 

support. 

f. Technical, Legal, and Financial 

Capacity 

FTA will evaluate if the applicant 

demonstrates that they have the 

technical, legal, and financial capacity 

to undertake the project. 

FTA will review relevant oversight 

assessments and records to determine 

whether there are any outstanding legal, 

technical, or financial issues with the 

applicant that would affect the outcome 

of the proposed project. Applicants with 

outstanding legal, technical, or financial 

compliance issues from an FTA 

compliance review or FTA grant-related 

Single Audit finding must explain how 

corrective actions taken will mitigate 

negative impacts on the proposed 

project. 

2. Review and Selection Process 

A technical evaluation committee will 

evaluate proposals based on the 

published evaluation criteria. FTA may 

request additional information from 

applicants, 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 

consider geographic diversity, diversity 

in the size of the transit systems 

receiving funding, and the applicant’s 

receipt of other competitive awards. 

FTA may also consider capping the 

amount a single applicant may receive. 

After applying the above criteria, and 

in support of Executive Order 14052, 

Implementation of the Infrastructure 

Investment and Jobs Act, FTA will give 

priority based on several considerations. 

FTA will provide priority 

consideration for applicants that 

describe how their projects support 

workforce development, job quality, and 

wealth creation as follows: Applicants 

for facility projects should identify 

whether they will commit to registered 

apprenticeship positions and use 

apprentices on the funded project, 

sometimes called an apprenticeship 

utilization requirement (e.g., requiring 

that a certain percent of all labor hours 

will be performed by registered 

apprentices); and detail partnerships 

with high-quality workforce 

development programs with supportive 

services 1 to help train, place, and retain 

underrepresented communities in jobs 

and registered apprenticeships on the 

project; and, for facility projects over 

$35 million in total project cost, 

whether the project will use a Project 

Labor/Community Workforce 

Agreement and, for facility projects over 

$35 million, whether the recipient 

commits to participate in the U.S. 

Department of Labor’s Office of Federal 

Contract Compliance Programs (OFCCP) 

Mega Construction Project Program if 

selected by OFCCP (see F.2.e. Federal 

Contract Compliance). 

FTA will also give priority 

consideration to projects that support 

the Justice40 initiative, https://

www.transportation.gov/equityJustice40. 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.2

Applicants should use 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% of overall benefits from certain 

federal investments reach disadvantaged 

communities. See https://screeningtool.

geoplatform.gov/. 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 GMO@

dot.gov. 3

3. Integrity and Performance Review 

Prior to making an award with a total 

amount of Federal share greater than the 

simplified acquisition threshold 

(currently $250,000), 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. 

F. Federal Award Administration 

Information 

1. Federal Award Notices 

FTA will announce the final project 

selections on the FTA website. Selectees 

should contact their FTA Regional 

Offices for additional information 

regarding allocations for projects. At the 

time the project selections are 

announced, FTA expects to extend preaward authority for the selected projects 


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(see section D.5 of this notice for more 

information). There is no pre-award 

authority for these projects before 

announcement. 

2. Administrative and National Policy 

Requirements 

a. Grant Requirements 

If selected, awardees will apply for a 

grant through FTA’s Transit Award 

Management System (TrAMS). 

Recipients of funding in urban areas are 

subject to the grant requirements of the 

Urbanized Area Formula Grants 

program (49 U.S.C. 5307), including 

those of FTA Circular ‘‘Urbanized Area 

Formula Program: Program Guidance 

and Application Instructions’’ 

(FTA.C.9030.1E). Recipients of funding 

in rural areas are subject to the grant 

requirements of the Formula Grants for 

Rural Areas Program (49 U.S.C. 5311), 

including those of FTA Circular 

‘‘Formula Grants for Rural Areas: 

Program Guidance and Application 

Instructions’’ (FTA.C.9040.1G). All 

recipients must accept the FTA Master 

Agreement and follow FTA Circular 

‘‘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 the 

relevant 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 DavisBacon 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 

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. 

b. 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 (sections70901– 

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. 

c. 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), 

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. 

d. 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 comply with 

the Disadvantaged Business Enterprise 

(DBE) program regulations (49 CFR part 

26). 

e. Federal Contract Compliance 

As a condition of grant award all 

applicants must comply with E.O. 

11246, Equal Employment Opportunity 

(30 FR 12319, and as amended). Under 

section 503 of the Rehabilitation Act 

and its implementing regulations, 

affirmative action obligations for certain 

contractors include an aspirational 

employment goal of 7 percent workers 

with disabilities. 

The U.S. Department of Labor’s Office 

of Federal Contract Compliance 

Programs (OFCCP) is charged with 

enforcing Executive Order 11246, 

section 503 of the Rehabilitation Act of 

1973, and the Vietnam Era Veterans’ 

Readjustment Assistance Act of 1974. 

OFCCP has a Mega Construction Project 

Program through which it engages with 

project sponsors as early as the design 

phase to help promote compliance with 

non-discrimination and affirmative 

action obligations. OFCCP may identify 

construction projects that receive an 

award under this notice that have a 

project cost above $35 million to 

participate in OFCCP’s Mega 

Construction Project Program. If 

selected and the applicant agrees to 

participate, OFCCP will ask selected 

project sponsors to make clear to prime 

contractors in the pre-bid phase that 

award terms may require their 

participation in the Mega Construction 

Project Program. Additional information 

on how OFCCP makes their selections 

for participation in the Mega 

Construction Project Program is 

outlined under ‘‘Scheduling’’ on the 

Department of Labor website: https://

www.dol.gov/agencies/ofccp/faqs/ 

construction-compliance. 

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. 

f. 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 24, 2023. The Security 

Directive, which extends previous 

Security Directives, applies to all public 


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passenger rail owners and operators 

identified in 49 CFR 1582.101, 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 identified in 49 

CFR 1582.1. 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. 

On February 10, 2023, FTA published 

a Cybersecurity Assessment Tool for 

Transit (CATT). This tool was 

developed with the goal to onboard 

public transit organizations develop and 

strengthen their cybersecurity program 

to identify risks and prioritize activities 

to mitigate these risks. 

g. Planning 

FTA encourages applicants to notify 

the appropriate State departments of 

transportation and Metropolitan 

Planning Organizations (MPOs) in areas 

likely to be served by the project funds 

made available under this program. 

Selected projects must be incorporated 

into the long-range plans and 

transportation improvement programs of 

States and metropolitan areas before 

they are eligible for FTA funding. 

h. Performance and Program Evaluation 

As a condition of grant award, grant 

recipients may be required to participate 

in an evaluation undertaken by DOT or 

another agency or partner. The 

evaluation may take different forms 

such as an implementation assessment 

across grant recipients, an impact and/ 

or outcomes analysis of all or selected 

sites within or across grant recipients, or 

a benefit/cost analysis or assessment of 

return on investment. As a part of the 

evaluation, as a condition of award, 

grant recipients must agree to: (1) make 

records available to the evaluation 

contractor or DOT staff; (2) provide 

access to program records, and any 

other relevant documents to calculate 

costs and benefits; (3) in the case of an 

impact analysis, facilitate the access to 

relevant information as requested; and 

(4) follow evaluation procedures as 

specified by the evaluation contractor or 

DOT staff. 

Recipients and subrecipients are also 

encouraged to incorporate program 

evaluation including associated data 

collection activities from the outset of 

their program design and 

implementation to meaningfully 

document and measure their progress 

towards meeting an agency priority 

goal(s). title I of the Foundations for 

Evidence-Based Policymaking Act of 

2018 (Evidence Act), Public Law 115– 

435 (2019) urges Federal awarding 

agencies and Federal assistance 

recipients and subrecipients to use 

program evaluation as a critical tool to 

learn, to improve equitable delivery, 

and to elevate program service and 

delivery across the program lifecycle. 

Evaluation means ‘‘an assessment using 

systematic data collection and analysis 

of one or more programs, policies, and 

organizations intended to assess their 

effectiveness and efficiency.’’ 5 U.S.C. 

311. Credible program evaluation 

activities are implemented with 

relevance and utility, rigor, 

independence and objectivity, 

transparency, and ethics (OMB Circular 

A–11, part 6 section 290). 

3. Reporting 

Post-award reporting requirements 

include the electronic submission of 

Federal Financial Reports and Milestone 

Progress Reports in FTA’s electronic 

grants management system. Recipients 

of funds made available through this 

NOFO are also required to regularly 

submit data to the National Transit 

Database. Recipients should include any 

goals, targets, and indicators referenced 

in their applications 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 

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 Contacts 

For further information concerning 

this notice, please contact Kevin 

Osborn, ASAP Program Manager, via 

email at Kevin.Osborn@dot.gov, or by 

phone at 202–366–7519. A TDD is 

available for individuals who are deaf or 

hard of hearing at 800–877–8339. In 

addition, FTA will post answers to 

questions and requests for clarifications 

on FTA’s ASAP homepage at: https://

www.transit.dot.gov/grants/all-stationsaccessibility-program. To ensure 

applicants receive accurate information 

about eligibility or the program, 

applicants are encouraged to contact 

FTA with questions directly, rather than 

through intermediaries or third parties. 

Contact information for FTA’s regional 

offices can be found on FTA’s website 

at https://www.transit.dot.gov/about/ 

regional-offices/regional-offices. 

For technical issues with 

GRANTS.GOV, please contact 

GRANTS.GOV by phone at 1–800–518– 

4726 or by email at support@grants.gov. 


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H. Other Information 

User-friendly information and 

resources regarding DOT’s discretionary 

grant programs relevant to rural 

applicants can be found on the Rural 

Opportunities to Use Transportation for 

Economic Success (ROUTES) website at 

https://www.transportation.gov/rural. 

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. 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. 2023–26346 Filed 11–29–23; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2023–0210] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: SPRAY (Sail); Invitation for 

Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

January 2, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2023–0210 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2023–0210 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is: U.S. Department of 

Transportation, MARAD–2023–0210, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you include 

your name and a mailing address, an email 

address, or a telephone number in the body 

of your document so that we can contact you 

if we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email patricia.hagerty@

dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel SPRAY is: 

—Intended Commercial Use of Vessel: 

‘‘6 Pack Charter wind sailing in San 

Diego Bay.’’ 

—Geographic Region Including Base of 

Operations: ‘‘California. (Base of 

Operations: Costa Mesa, CA)’’ 

—Vessel Length and Type: 34′ Sail. 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2023–0210 at https://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at https://

www.regulations.gov, keyword search 

MARAD–2023–0210 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 


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