[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8741-8753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02246]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


FY 2024 Competitive Funding Opportunity: Low or No Emission Grant 
Program and the Grants for Buses and Bus Facilities Competitive 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 approximately $1.10 billion in competitive 
grants under the fiscal year (FY) 2024 Low or No Emission Grant Program 
(Low-No Program) (Federal Assistance Listing: 20.526) and approximately 
$390 million in competitive grants under the FY 2024 Grants for Buses 
and Bus Facilities Program (Buses and Bus Facilities Program) (Federal 
Assistance Listing 20.526), subject to availability of appropriated 
funding.

DATES: Complete proposals must be submitted electronically through the 
GRANTS.GOV ``APPLY'' function by 11:59 p.m. eastern time on April 25, 
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.

ADDRESSES: 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-2024-003-TPM-

[[Page 8742]]

LWNO for Low-No applications and FTA-2024-004-TPM-BUS for Buses and Bus 
Facilities applications. Please note, if an applicant is choosing to 
apply to both programs, the applicant must submit a separate GRANTS.GOV 
package to each opportunity ID. Applicants should also select both 
programs and respond to all questions needed for both programs on the 
supplemental form. Mail and fax submissions will not be accepted.

FOR FURTHER INFORMATION CONTACT: Either Program may be contacted by 
email at <a href="/cdn-cgi/l/email-protection#98deccd9d4f7efd6f7daedebd6d7ded7d8fcf7ecb6fff7ee"><span class="__cf_email__" data-cfemail="266072676a49516849645355686960696642495208414950">[email protected]</span></a>, or applicants may call Kirsten Wiard-
Bauer, FTA Office of Program Management, at 202-366-7052.

SUPPLEMENTARY INFORMATION: As required by Federal public transportation 
law, Low-No Program funds will be awarded competitively for the 
purchase or lease of low or no emission vehicles that use advanced 
technologies for transit revenue operations, including related 
equipment or facilities. As required by Federal public transportation 
law, Buses and Bus Facilities Program funds will be awarded 
competitively to assist in the financing of capital projects to 
replace, rehabilitate, purchase, or lease buses and related equipment, 
and to rehabilitate, purchase, construct or lease bus-related 
facilities. Any zero-emission project(s) or components of a project 
will include costs for workforce development, unless the applicant 
certifies funds are not needed for this purpose. In general, projects 
may include costs incidental to the acquisition of buses or to the 
construction of facilities, such as the costs of related workforce 
development and training activities, and project administration 
expenses, as long as the project proposed includes and results in an 
eligible capital asset being leased, purchased, or built. As these two 
programs have overlapping eligibilities and must be implemented on the 
same timeline as required by 49 U.S.C. 5339, FTA is publishing this 
joint NOFO. Per Federal public transportation law, FTA will award 
grants for these programs within 75 days after the date this 
solicitation expires from funds available for award at that time. FTA 
may award additional funding that is made available to the programs 
prior to the announcement of project selections.

Summary Overview of Key Information: Low or No Emission (Low-No) Program
 and the Grants for Buses and Bus Facilities Competitive (Buses and Bus
                           Facilities) Program
------------------------------------------------------------------------
                                   Federal Transit Administration, US
        Issuing agency                Department of Transportation
------------------------------------------------------------------------
Program Overview.............  The Low-No Program provides funding for
                                the purchase or lease of zero-emission
                                and low-emission transit buses,
                                including acquisition, construction, and
                                leasing of required supporting
                                facilities such as recharging,
                                refueling, and maintenance facilities.
                               The Buses and Bus Facilities Program
                                provides funding for capital projects to
                                replace, rehabilitate, purchase, or
                                lease buses and related equipment, or to
                                rehabilitate, purchase, construct, or
                                lease bus-related facilities.
Eligible Applicants..........  Low-No Program: Designated recipients,
                                States (including territories and
                                Washington, DC), local governmental
                                authorities, and Indian tribes.
                                Proposals for funding projects in rural
                                areas must be submitted as part of a
                                State application.
                               Buses and Bus Facilities Program:
                                Designated recipients that allocate
                                funds to fixed route bus operators,
                                States (including territories and
                                Washington, DC), or local governmental
                                entities that operate fixed route bus
                                service, and Indian tribes. Eligible
                                subrecipients include all otherwise
                                eligible applicants and also private
                                nonprofit organizations engaged in
                                public transportation.
Eligible Project Types.......  Low-No Program:
                               <bullet> Purchase or lease low or no
                                emission buses;
                               <bullet> Acquiring low or no emission
                                buses with a leased power source;
                               <bullet> Constructing or leasing
                                facilities and related equipment
                                (including intelligent technology and
                                software) for low or no emission buses;
                               <bullet> Constructing new public
                                transportation facilities to accommodate
                                low or no emission buses;
                               <bullet> Rehabilitating or improving
                                existing public transportation
                                facilities to accommodate low or no
                                emission buses;
                               <bullet> Additionally, 0.5% of the
                                Federal request may be used for
                                workforce development training and an
                                additional 0.5% may be used for training
                                at the National Transit Institute (NTI).
                                Note, applicants proposing any project
                                related to zero-emission vehicles and
                                related facilities must also spend 5% of
                                their award on workforce development and
                                training as outlined in their Zero-
                                Emission Fleet Transition Plan, unless
                                the applicant certifies that their
                                financial need is less.
                               Buses and Bus Facilities Program:
                               <bullet> Capital projects to replace,
                                rehabilitate, purchase, or lease buses,
                                vans, or related equipment;
                               <bullet> Rehabilitate, purchase,
                                construct, or lease bus-related
                                facilities regardless of propulsion type
                                or emissions;
                               <bullet> Additionally, 0.5% of the
                                Federal request may be used for
                                workforce development training and an
                                additional 0.5% may be used for training
                                at the National Transit Institute (NTI).
                                Note, applicants proposing any project
                                related to zero-emission vehicles and
                                related facilities must also spend 5% of
                                their award on workforce development and
                                training as outlined in their Zero-
                                Emission Fleet Transition Plan, unless
                                the applicant certifies that their
                                financial need is less.
Funding......................  Low-No Program: $1,103,963,762.
                               Buses and Bus Facilities Program:
                                $390,045,823.
                               Additional funds made available prior to
                                project selection may be allocated to
                                eligible projects.
Deadline.....................  April 25, 2024 at 11:59 p.m. eastern
                                time.
------------------------------------------------------------------------

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

    This is a joint NOFO that announces the availability of FY 2024 
funding for both the Low-No and the Buses and Bus Facilities Programs.
    Federal public transportation law (49 U.S.C. 5339(c)) authorizes 
FTA to award grants for low or no emission bus projects through a 
competitive process, as described in this notice. The Low-No

[[Page 8743]]

Program provides funding to States (including territories and 
Washington, DC), local governmental authorities, and tribal governments 
for the purchase or lease of zero-emission and low-emission transit 
buses, including acquisition, construction, and leasing of required 
supporting facilities such as recharging, refueling, and maintenance 
facilities.
    Federal public transportation law (49 U.S.C. 5339(b)) authorizes 
FTA to award grants for the Buses and Bus Facilities Program through a 
competitive process, as described in this notice. Grants under this 
program are for capital projects to replace, rehabilitate, purchase, or 
lease buses and related equipment, or to rehabilitate, purchase, 
construct, or lease bus-related facilities.
    The Department seeks to fund projects under the Low-No and the 
Buses and Bus Facilities Programs that reduce greenhouse gas emissions 
in the transportation sector; incorporate evidence-based climate 
resilience measures and features; avoid adverse environmental impacts 
to air or water quality, wetlands, and endangered species; and address 
the disproportionate negative environmental impacts of transportation 
on disadvantaged communities, consistent with Executive Order 14008, 
Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
    In addition, the Department seeks to fund projects under the Low-No 
and the Buses and Bus Facilities Programs 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). 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). In addition, the 
Department intends to use the Low-No and the Buses and Bus Facilities 
Programs to support the creation of good-paying 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 Low-
No and the Buses and Bus Facilities Programs to support wealth 
creation, consistent with the Department's Equity Action Plan (https://www.transportation.gov/priorities/equity/equity-action-plan), through 
the inclusion of local inclusive economic development and 
entrepreneurship such as the utilization of Disadvantaged Business 
Enterprises.
    In order to support efficient and cost-effective vehicle 
procurements, FTA will provide priority consideration to applicants 
that identify their intent to use a procurement method that reduces 
vehicle customization, by either: identifying an intent for a joint 
procurement with at least three total transit agencies using a common 
specification; or committing to using a standard vehicle model. To 
strengthen the American vehicle manufacturing industry and reduce the 
financial burden the industry currently faces, FTA will give priority 
consideration to applicants that identify their intent to use contract 
terms that provide funding to vehicle original equipment manufacturer 
(OEMs) earlier in the production process, either by using advance 
payments or progress payments.

B. Federal Award Information

    Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) 
authorizes $74,963,762 in FY 2024 for the Low-No Program. The 2021 
Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure 
Investment and Jobs Act, Pub. L. 117-58) provided an additional 
$1,029,000,000 in advance appropriations for FY 2024 grants after 
accounting for the authorized takedown for administrative and oversight 
expenses and the Office of Inspector General (OIG). A grand total of 
$1,103,963,762 is being made available for the FY 2024 Low-No Program 
under this notice, subject to appropriations. Additional funds made 
available prior to project selection may be allocated to eligible 
projects.
    As required by Federal public transportation law (49 U.S.C. 
5339(c)(5)), a minimum of 25 percent of the amount awarded under the 
Low-No Program will be awarded to low-emission projects other than 
zero-emission vehicles and related facilities. For FY 2024, 
$275,990,941 is specifically set aside by law for low-emission projects 
through the Low-No Program.
    In FY 2023, the Low-No program received applications for 210 
projects requesting a total of $4,199,934,378. Eighty-three projects 
were funded for a total of $1,216,941,396.
    Federal public transportation law (49 U.S.C. 5338(a)(2)(N)) 
authorizes $393,559,749 in FY 2024 funds for the Buses and Bus 
Facilities Program. After the oversight takedown of $3,513,926, FTA is 
announcing the availability of $390,045,823 for the Buses and Bus 
Facilities Program through this notice, subject to appropriations. 
Additional funds made available prior to project selection may be 
allocated to eligible projects.
    As required by Federal public transportation law at 49 U.S.C. 
5339(b)(5), a minimum of 15 percent of the amount awarded under the 
Buses and Bus Facilities Program will be awarded to projects located in 
rural areas. As required by 49 U.S.C. 5339(b)(8), no single grant 
recipient will be awarded more than 10 percent of the amount made 
available. In FY 2023, the program received applications for 265 
projects requesting a total of $4,492,423,860. Forty-seven projects 
were funded for a total of $472,922,707.
    An applicant may submit a project to both the Buses and Bus 
Facilities Program and the Low-No Program, or submit the project only 
to the Low-No Program or only to the Buses and Bus Facilities Program. 
Applicants are encouraged to submit projects for consideration under 
both programs whenever practicable. A project submitted to both 
programs must be eligible in its entirety under both programs, and 
therefore must be a low or no emission project with no standard 
propulsion vehicles or facilities and equipment unrelated to low or no 
emission bus implementation, and must request or provide a scalable 
amount of no more than the equivalent of 10 percent of the funding 
available under the Buses and Bus Facilities Program. If a project 
submitted for consideration under both programs is selected for 
funding, FTA will exercise its discretion to determine under which 
program the project will receive an award. Please note that if 
submitting to both programs, the application package must be submitted 
twice at GRANTS.GOV, once to funding opportunity ID FTA-2024-003-TPM-
LWNO for Low-No and once to FTA-2024-004-TPM-BUS for Buses and Bus 
Facilities. If there are not enough eligible requests for either the 
low-emission set-aside under the Low-No Program or the rural set-aside 
under the Buses and Bus Facilities Program, and eligible applications 
that would qualify under either of those set-asides

[[Page 8744]]

were submitted only to the other program, FTA may contact such 
applicants to request additional information in order to consider them 
under the program for which they would satisfy a statutory set-aside.
    FTA may cap the amount a single recipient or State may receive as 
part of the selection process for either program.
    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 
announcement of project selections. FTA intends to fund as many 
meritorious projects as possible.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants for the Low or No Emission Program include 
designated recipients, States (including territories and Washington, 
DC), local governmental authorities, and Indian tribes. 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.
    Eligible applicants for the Buses and Bus Facilities Program 
include designated recipients that allocate funds to fixed route bus 
operators, States (including territories and Washington, DC), or local 
governmental entities that operate fixed route bus service, and Indian 
tribes. Eligible subrecipients include all otherwise eligible 
applicants and also private nonprofit organizations engaged in public 
transportation. Eligible subrecipients are not required to operate 
fixed route bus service.
    Except for projects proposed by Indian tribes, all proposals for 
projects in rural (non-urbanized) areas--defined as any area that has 
not been designated in the 2020 Census as an ``urban area'' with at 
least 50,000 in population by the Secretary of Commerce--must be 
submitted by a State, either individually or as part of a consolidated 
State application. States and other eligible applicants may also submit 
consolidated proposals for projects in urbanized areas. The submission 
of a statewide or consolidated urbanized area application does not 
preclude any other eligible recipients in an urbanized area or in a 
State from also submitting a separate application. Proposals may 
contain projects to be implemented by the recipient or its 
subrecipients.
    As permitted under Federal public transportation law (49 U.S.C. 
5339(b)(10), (c)(8)), an applicant proposing a low or no emission 
project under both the Buses and Bus Facilities Program and the Low-No 
Program, or an applicant proposing only a low or no emission project 
under the Low-No program, may include partnerships with other entities 
that intend to participate in the implementation of the project, 
including, but not limited to, specific vehicle manufacturers, 
equipment vendors, owners or operators of related facilities, or 
project consultants. If an application that involves such a partnership 
is selected for funding, the project will be deemed to satisfy the 
requirement for a competitive procurement under 49 U.S.C. 5325(a) for 
the named entities. Applicants are advised that any changes to the 
proposed partnership will require FTA written approval, must be 
consistent with the scope of the approved project, and may necessitate 
a competitive procurement.

2. Cost Sharing or Matching

    The maximum Federal share for projects that involve leasing or 
acquiring transit buses (including clean fuel or alternative fuel 
vehicles) for purposes of complying with or maintaining compliance with 
the Clean Air Act (CAA) or the Americans with Disabilities Act (ADA) of 
1990 is 85 percent of the net project cost.
    The maximum Federal share for the cost of acquiring, installing, or 
constructing vehicle-related equipment or facilities (including clean 
fuel or alternative fuel vehicle-related equipment or facilities) for 
purposes of complying with or maintaining compliance with the CAA or 
ADA is 90 percent of the net project cost of such equipment or 
facilities that are attributable to compliance with the CAA or ADA. The 
award recipient must itemize the cost of specific, discrete, vehicle-
related equipment or facility components associated with compliance 
with the CAA or ADA to be eligible for the maximum 90 percent Federal 
share for these costs. The Federal share of the cost of other projects 
shall not exceed 80 percent.
    Eligible sources of match include the following: 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. Other Federal funds from non-U.S. Department of 
Transportation sources may only be used as match (Federal fund 
braiding) if the proposed project is eligible under the other Federal 
program and the other Federal program providing the matching funds 
expressly authorizes its funds to fulfill the match requirement of 
other Federal programs. Learn more about Federal fund braiding at 
https://www.transit.dot.gov/regulations-and-programs/ccam/about/coordinating-council-access-and-mobility-ccam-federal-fund.

3. Eligible Projects

    Under the Low-No Program (49 U.S.C. 5339(c)), eligible projects 
include projects or programs of projects in an eligible area for: (1) 
purchasing or leasing low or no emission buses; (2) acquiring low or no 
emission buses with a leased power source; (3) constructing or leasing 
facilities and related equipment for low or no emission buses; (4) 
constructing new public transportation facilities to accommodate low or 
no emission buses; or (5) rehabilitating or improving existing public 
transportation facilities to accommodate low or no emission buses (49 
U.S.C. 5339(c)(1)(B)). As required by Federal public transportation law 
(49 U.S.C. 5339(c)(5)), FTA will consider only eligible projects 
relating to the acquisition or leasing of low or no emission buses or 
bus facilities that make greater reductions in energy consumption and 
harmful emissions than comparable standard buses or other low or no 
emission buses. A single application may include both vehicle and 
facility components, along with associated equipment and workforce 
development plans.
    A low or no emission bus is defined as a passenger vehicle used to 
provide public transportation that sufficiently reduces energy 
consumption or harmful emissions, including direct carbon emissions, 
when compared to a standard vehicle. The statutory definition includes 
zero-emission transit buses, which are defined as buses that produce no 
direct carbon emissions and no particulate matter emissions under any 
and all possible operational modes and conditions. Examples of zero-
emission bus technologies include, but are not limited to, hydrogen 
fuel-cell

[[Page 8745]]

buses, battery-electric buses, and rubber tire trolley buses powered by 
overhead catenaries. All new transit bus models must successfully 
complete FTA bus testing for production transit buses pursuant to FTA's 
Bus Testing regulation (49 CFR part 665) in order to be procured with 
funds awarded under the Low-No Program. All transit vehicles must be 
procured from certified transit vehicle manufacturers in accordance 
with the Disadvantaged Business Enterprise (DBE) regulations (49 CFR 
part 26). The development or deployment of prototype vehicles is not 
eligible for funding under the Low-No Program.
    Eligible projects for the Buses and Bus Facilities Program include 
capital projects to replace, rehabilitate, purchase, or lease buses, 
vans, or related equipment; or to rehabilitate, purchase, construct, or 
lease bus-related facilities regardless of propulsion type or 
emissions. A single application may include both vehicle and facility 
components, along with associated equipment and workforce development 
activities.
    Recipients are permitted to use up to 0.5 percent of their 
requested grant award for workforce development activities eligible 
under Federal public transportation law (49 U.S.C. 5314(b)), including 
on-the-job training, labor-management partnership training, and 
registered apprenticeships, and an additional 0.5 percent for costs 
associated with training at the National Transit Institute. Supportive 
services are an eligible use of program funds under 49 U.S.C. 5314(b). 
Supportive 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. See: https://www.transit.dot.gov/funding/grants/federal-transit-administration-faqs-supportive-services.
    For applicants proposing any project related to zero-emission 
vehicles (including vehicles, facilities, equipment, etc.) for either 
program, 5 percent of the total requested Federal amount attributable 
to zero-emission project components, including the workforce 
development activities but not including the required local share, must 
be used for workforce development to retrain the existing workforce and 
develop the workforce of the future, including registered 
apprenticeships and other joint labor-management training programs, as 
outlined in the applicant's Zero-Emission Transition Plan (see Section 
E(1)(c) of this notice), as well as supportive services, unless the 
applicant certifies via the application that less funding is needed to 
carry out the Plan. Applicants must identify the proposed use of funds 
for these activities in the project proposal and identify them 
separately in the project budget. These amounts are additional, not a 
take-down, from other eligible project expenses. For example, if an 
application includes a Federal request of $95,000 for total capital 
costs of zero-emission vehicles and associated equipment, an additional 
Federal request of $5,000 should be included in the budget for 
workforce development expenses for a total Federal request of $100,000. 
The local share for the vehicles, equipment, and workforce development 
is in addition to the $100,000 Federal request. Applicants are 
encouraged to discuss training needs with their workforce and to 
develop training plans in collaboration with unions and other workforce 
representatives, as well as with workforce boards, community colleges, 
and other workforce organizations. Applicants that propose not to use 
the full 5 percent available must include an explanation as to why the 
funds are not needed.
    If a single project proposal involves multiple public 
transportation providers, such as when an agency acquires vehicles that 
will be operated by another agency, the proposal must include a 
detailed statement regarding the role of each public transportation 
provider in the implementation of the project.

D. Application and Submission Information

1. Address to Request Application Package

    Applications must be submitted electronically through GRANTS.GOV. 
General information for accessing and submitting applications through 
GRANTS.GOV can be found at https://www.transit.dot.gov/howtoapply along 
with specific instructions for the forms and attachments required for 
submission. Mail or fax submissions of completed proposals will not be 
accepted. 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 Low-No and Buses 
and Bus Facilities Programs (downloaded from GRANTS.GOV or the FTA 
website at https://www.transit.dot.gov/funding/grants/lowno). The same 
supplemental form will be used to apply to either program or both 
programs. However, please note that if an applicant is applying to both 
programs, they must submit the materials through each of the GRANTS.GOV 
opportunity IDs listed for each program. 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 Low-No and Buses and Bus Facilities 
Programs. 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 may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support, 
project budgets, fleet status reports, or excerpts from relevant 
planning documents. Applicants for zero-emission projects must attach 
the fleet transition plan. 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

[[Page 8746]]

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.
    Projects proposed by Indian tribes that request less than $1 
million in Federal funds do not need to provide a narrative response 
for the following criteria on the Supplemental Form: Demonstration of 
Benefits; Planning and Local/Regional Prioritization; Technical, Legal, 
and Financial Capacity; or any of Section IV Additional Considerations.
    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 ID (UEI) assigned by SAM.GOV.
    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 either 
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 identifying the amounts requested, 
amounts of other Federal funds, if any, and amounts of non-Federal 
funds.
    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 persons who 
use wheelchairs. The applicant must provide a clear explanation of how 
the project budget would be affected by a 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. Address all the applicable criteria and priority 
considerations identified in Section E.
    Except for the information properly marked as described in Section 
H, 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.

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

    Each applicant is required to: (1) be registered in SAM.GOV before 
submitting an application; (2) provide a valid unique entity identifier 
in its application; and (3) continue to maintain an active SAM.GOV 
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.GOV 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.GOV. Registration in SAM.GOV 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 April 25, 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 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, (1) 
registration in SAM.GOV is renewed annually, and (2) persons making

[[Page 8747]]

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 will 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 Governmentwide 
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, 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.
    Projects proposed by Indian tribes that request less than $1 
million in Federal funds only need to provide complete narrative 
responses to the Demonstration of Need and Local Financial Commitment 
criteria and a partial response to the Project Implementation Strategy 
criterion, consisting of a project timeline as well as (if applicable) 
a discussion on their proposed partner's qualifications. All applicants 
that are proposing a zero-emission project, including tribes requesting 
less than $1 million, are required by law to submit a Zero-Emission 
Fleet Transition Plan.
    If an applicant is proposing to deploy 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.
a. Demonstration of Need
    Since the purpose of these programs is to fund vehicles and 
facilities, applications will be evaluated based on the quality and 
extent to which they demonstrate how the proposed project will address 
an unmet need for capital investment in vehicles and/or supporting 
facilities. For example, an applicant may demonstrate that it requires 
additional or improved charging or maintenance facilities for low or no 
emission vehicles, that it intends to replace existing vehicles that 
have exceeded their minimum useful life, or that it requires additional 
vehicles to meet current ridership demands or expand services to better 
connect underserved communities.
    FTA will evaluate an applicant's responses to the following 
criteria when assessing the need for capital investment underlying the 
proposed project:
    For bus projects (replacement or expansion):
    For replacement requests, applicants must provide information on 
the age, condition, and performance of the vehicles to be replaced by 
the proposed project. Vehicles to be replaced must have met their 
minimum useful life at the time of project completion. For service 
expansion requests, applicants must provide information on the proposed 
service expansion and the benefits for transit riders and the community 
from the new service. For all vehicle projects, the proposal must 
address whether the project conforms to FTA's spare ratio guidelines. 
Vehicles funded under these programs are not exempt from FTA's standard 
spare ratio requirements, which apply to and are calculated based on 
the agency's entire fleet. Applicants that are introducing zero-
emission vehicles into their fleet may consider including vehicles that 
have already met their minimum useful life in a contingency fleet, 
which is not included in the spare ratio calculation. Additionally, 
applicants who may need to exceed the spare ratio for a temporary 
period are encouraged to work with their FTA Regional Office to 
determine what flexibilities may be afforded to them and include 
reference to that in their application.
    For bus facility and equipment projects (replacement, 
rehabilitation, or expansion):
    For replacement requests, applicants must provide information on 
the age and condition of the asset to be rehabilitated or replaced 
relative to its minimum useful life. For expansion requests, applicants 
must provide information on the proposed expansion and the reason that 
transit riders and the community need the expansion.
b. Demonstration of Benefits
i. Low or No Emissions Program
    Applicants to the Low-No Program must demonstrate how the proposed 
project will support the statutory requirements of the Low-No Program 
(See 49 U.S.C. 5339(c)(5)(A)). In particular, FTA will evaluate the 
quality and extent to which applications demonstrate how the proposed 
project will: (1) Reduce Energy Consumption; (2) Reduce Harmful 
Emissions; and (3) Reduce Direct Carbon Emissions.
    Reduce Energy Consumption: Applicants must describe how the 
proposed project will reduce energy consumption. FTA will evaluate 
applications based on the degree to which the proposed technology 
reduces energy consumption as compared to comparable standard vehicle 
propulsion technologies.
    Reduce Harmful Emissions: Applicants must demonstrate how the 
proposed vehicles or facility will reduce the emission of particulates 
that create

[[Page 8748]]

local air pollution, which leads to local environmental health 
concerns, smog, and unhealthy ozone concentrations. FTA will evaluate 
the rate of particulate emissions by the proposed vehicles or vehicles 
to be supported by the proposed facility, compared to the emissions 
from the vehicles that will be replaced or moved to the contingency 
fleet as a result of the proposed project, as well as comparable 
standard buses.
    Reduce Direct Carbon Emissions: Applicants should demonstrate how 
the proposed vehicles or facility will reduce emissions of greenhouse 
gases from transit vehicle operations. FTA will evaluate the rate of 
direct carbon emissions by the proposed vehicles or vehicles to be 
supported by the proposed facility, compared to the emissions from the 
vehicles that will be replaced or moved to the contingency fleet as a 
result of the proposed project, as well as comparable standard buses.
ii. Grants for Buses and Bus Facilities Program
    Applicants to the Buses and Bus Facilities Program will be 
evaluated based on how well they describe how the proposed project will 
improve the safety of the transit system; improve the condition of, or 
otherwise modernize, the transit system; and enhance access and 
mobility within the service area, including improving reliability of 
service for riders, particularly for low-income or underserved 
communities and people with disabilities.
    Safety: FTA will evaluate the potential for projects to provide 
positive safety benefits for all users, while not negatively impacting 
safety for all users. Applicants may describe how the project will 
reduce the frequency of safety events and/or improve the outcomes of 
safety events.
    System Condition: FTA will evaluate the potential for replacement 
projects to improve the condition of the transit system by 
rehabilitating or replacing assets that are in poor condition or have 
surpassed their minimum or intended useful life benchmarks. Applicants 
may describe the benefits of reducing breakdowns and service 
interruptions; increasing service performance; and/or reducing the cost 
of maintaining outdated vehicles, facilities, and equipment.
    Enhanced Access and Mobility: FTA will evaluate the potential for 
expansion projects to improve access and mobility for the transit 
riding public, particularly for low-income and underserved communities 
and people with disabilities, including improved headways, creation of 
new transportation choices, or eliminating gaps in the current route 
network. Proposed benefits should be based on documented ridership 
demand, based on indicators like area population density, employment 
served, and existing and planned affordable housing in the corridor, 
and be well-described or documented through a study or route planning 
proposal.
    Applicants that intend to apply to both programs must submit 
information that addresses the requirements of both programs as 
described above.
c. Planning and Local or Regional Prioritization
    FTA will evaluate how the applicant demonstrates that the proposed 
project is consistent with local and regional long-range planning 
documents and local government priorities. FTA will evaluate 
applications based on the quality and extent to which the project is 
consistent with the transit priorities identified in the long-range 
plan for all proposals; contingency or illustrative projects included 
in that plan; or the locally developed human services public 
transportation coordinated plan. Applicants may submit copies of the 
relevant pages of such plans to support their application. FTA will 
consider how the project will support regional goals and applicants may 
submit support letters from local and regional planning organizations 
attesting to the consistency of the proposed project with these plans. 
Applicants are encouraged to also consult DOT's Promising Practices for 
Meaningful Public Involvement in Transportation Decision-Making at 
https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making.
    Evidence of additional local or regional prioritization may include 
letters of support for the project from local government officials, 
public agencies, and non-profit or private sector supporters.
    Applicants may also address how the proposed project will impact 
overall system performance, asset management performance, or specific 
performance measures tracked and monitored by the applying entity to 
demonstrate how the proposed project will address local and regional 
planning priorities.
    For applications related to zero-emission vehicles (including 
vehicles, facilities, equipment, etc.) under either the Low-No or Buses 
and Bus Facilities programs, applicants are required by law (49 U.S.C. 
5339(c)(3)(D)) to submit a Zero-Emission Fleet Transition Plan, 
including tribes that are requesting less than $1 million. This plan 
must be a separate document from other local or regional planning 
documents and must: (1) demonstrate a long-term fleet management plan 
with a strategy for how the applicant intends to use the current 
application and future acquisitions; (2) address the availability of 
current and future resources to meet costs for the transition and 
implementation; (3) consider policy and legislation impacting relevant 
technologies; (4) include an evaluation of existing and future 
facilities and their relationship to the technology transition; (5) 
describe the partnership of the applicant with the utility or 
alternative fuel provider; and (6) examine the impact of the transition 
on the applicant's current workforce by identifying skill gaps, 
training needs, and retraining needs of the existing workers of the 
applicant to operate and maintain zero-emission vehicles and related 
infrastructure and avoid the displacement of the existing workforce. 
FTA has developed resources for applicants regarding the development of 
this plan which can be found at https://www.transit.dot.gov/funding/grants/zero-emission-fleet-transition-plan. For agencies with smaller 
fleets, a fleet transition plan need not be complex and should be 
tailored as applicable, but it still must address all six elements. For 
applications from State departments of transportation, the State may 
either provide a fleet transition plan that covers some or all of the 
subrecipients, attach individual plans developed by the subrecipients, 
or a combination of both.
d. Local Financial Commitment
    FTA will evaluate if the applicant identified the source of the 
local cost share and described whether such funds are currently 
available for the project or will need to be secured if the project is 
selected for funding. FTA will evaluate the availability of the local 
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 local funds. FTA will 
favorably view an applicant that proposes to use grant funds only for 
the incremental cost of new technologies over the cost of replacing 
vehicles with standard propulsion technologies. The applicant should 
also identify other Federal funds the applicant is applying for or has 
been

[[Page 8749]]

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 projects that require 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 
those that may qualify 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 Statewide 
Transportation Improvement Program (STIP) can be amended 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.
    Applicants that have identified a cooperative procurement strategy 
listed in Section 3019 of the Fixing America's Surface Transportation 
Act (Pub. L. 114-94; 49 U.S.C. 5325, note) are encouraged to describe 
the method chosen as part of their implementation plans and how such a 
cooperative procurement will reduce costs.
    For proposals that involve a partnership with a manufacturer, 
vendor, consultant, or other third party, applicants must identify by 
name any project partners, including, but not limited to, other transit 
agencies, bus manufacturers, owners or operators of related facilities, 
or any expert consultants. Such partnerships are permitted under 
Federal public transportation law (49 U.S.C. 5339(b)(10), (c)(8)) only 
for applicants proposing a low or no emission project under both the 
Buses and Bus Facilities Program and the Low-No Program, or for 
applicants proposing only a low or no emission project under the Low-No 
program. FTA will evaluate the experience and capacity of the named 
project partners to successfully implement the proposed project based 
on the partners' experience and qualifications. Applicants are advised 
to submit information on the partners' qualifications and experience as 
a part of the application. Entities to be involved in the project that 
are not named in the application must be selected through ordinary 
procurement processes.
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 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, whether 
an applicant is from a small urban or rural area or is a tribal 
government, 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, to support efficient and cost-
effective vehicle procurements, FTA will provide priority consideration 
to applicants that identify their intent to use a procurement method 
that reduces vehicle customization, by either: identifying an intent 
for a joint procurement with at least three total transit agencies 
using a common specification; or, for low and no emission projects 
where the applicant proposes a vehicle OEM as a project partner, 
committing to using a standard vehicle model without customizations and 
including a letter from the vehicle OEM that certifies the applicant 
will use the OEM's standard model (see Section E.1.e. and Section C.1. 
of this notice for information on the partnership provision). The 
applicant should identify the proposed approach, other partners if 
applicable, and how the procurement approach reduces vehicle 
customization. FTA will evaluate each project on its own merits but may 
select an application that does not rate as highly as others if the 
applicant indicates its intent to pursue a joint procurement with other 
more highly rated participants in that procurement. FTA intends to 
weight this priority consideration greater than others.
    To strengthen the American vehicle manufacturing industry and 
reduce the financial burden the industry currently faces, FTA will give 
priority consideration to applicants that identify their intent to use 
contract terms that provide funding to vehicle OEMs earlier in the 
production process, either by using advance payments or progress 
payments. For applicants that identify their intent to use advance 
payments, FTA will not require securitization beyond the advance 
payment amount. The applicant should identify how their proposed 
contracting terms will expedite payments to vehicle OEMs. FTA also 
intends to weight this priority consideration greater than others. The 
contract terms of selected applications may be reviewed by FTA prior to 
award.
    To address climate change and improve sustainability, FTA will give 
priority consideration to applications that are expected to create 
significant community benefits relating to the environment, including 
those projects that incorporate low or no emission technology or 
specific elements to address greenhouse gas emissions and climate 
change impacts. For facility projects, FTA will give priority 
consideration to applications that include elements to strengthen the 
resilience of the community and/or the transit system with regard to 
climate change.
    FTA will also prioritize a zero-emission project higher than other 
zero-emission projects if the applicant is able to demonstrate how the 
proposed project and fleet transition plan support the conversion of 
the agency's overall fleet to zero emissions.
    Among vehicle applications that include at least 20 zero-emission 
40-foot buses, FTA will give priority consideration to applications 
that identify greater emission reductions. To be considered for 
priority consideration, vehicle applications for at least 20 zero-

[[Page 8750]]

emission 40-foot buses must use the FTA Bus and Low-No Emission 
Reduction Calculator, which can be found at https://www.transit.dot.gov/funding/grants/fta-bus-and-low-no-emission-reduction-calculator, attach the file, and include the amount of 
reductions per vehicle in the supplemental form.
    Among zero-emission applications, FTA will give priority 
consideration to zero-emission applicants that are able to demonstrate 
that they have consulted with workforce representatives on all aspects 
of the workforce section of the fleet transition plan; and include 
steps to provide or connect workers to supportive services (such as 
childcare and transportation assistance); and identify the use of at 
least one of the following in their plan (1) use of labor-management 
partnerships for training; (2) use of registered apprenticeship 
training to support skilling of incumbent and entry-level workers with 
focus on using registered apprenticeship to advance Black, Hispanic, 
Asian American, Native Hawaiian and Pacific Islanders, tribal, women, 
and other groups facing systemic barriers to employment that may be 
underrepresented in the current workforce, especially in higher-paying 
jobs.
    FTA will also 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 facility 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 to help train, place, and retain underrepresented 
communities in jobs and registered apprenticeships on the facility 
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. In support of Executive Order 14008, DOT uses 
a geographic definition of Disadvantaged Communities as part of its 
implementation of the Justice40 Initiative. Consistent with the Interim 
Guidance for the Justice40 Initiative (see: https://www.transportation.gov/priorities/equity/justice40/resources), 
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. Applicants 
should use the Climate & Economic Justice Screening Tool (CEJST), a 
tool created 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. See https://screeningtool.geoplatform.gov/. 
Applicants should use the 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. See 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 disadvantaged by existing 
transportation systems including public and community engagement. For 
technical assistance using either mapping tool, please contact 
<a href="/cdn-cgi/l/email-protection#97d0dad8d7f3f8e3b9f0f8e1"><span class="__cf_email__" data-cfemail="97d0dad8d7f3f8e3b9f0f8e1">[email protected]</span></a>.
    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested, even if an 
application did not present a scaled project option. In those cases, 
applicants must be able to demonstrate that the proposed projects are 
still viable and can be completed with the amount awarded. See also 
https://static-data-screeningtool.geoplatform.gov/data-versions/1.0/data/score/downloadable/CEQ-CEJST-Instructions.pdf.

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.GOV. 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 will extend pre-award authority for the 
selected projects (see Section D.5 of this notice for more 
information). There is no blanket 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 
according to the 2020 Census 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 according to the 2020 Census 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:

[[Page 8751]]

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 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 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.
    Applicants for the Buses and Bus Facilities Program are encouraged 
to utilize the innovative procurement practices found in Section 3019 
of the Fixing America's Surface Transportation Act (49 U.S.C. 5325, 
note). Please see details at https://www.transit.dot.gov/funding/grants/innovative-procurement-leasing-fact-sheet-section-3019. If 
selected for funding, any project that purchases fewer than five buses 
through a standalone procurement must provide a written explanation why 
the tools authorized under Section 3019 were not utilized.
    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. Buy America and Domestic Preferences for Infrastructure Projects
    As expressed in Executive Order 14005, Ensuring the Future Is Made 
in All of America by All of America's Workers (86 FR 7475), the 
Executive Branch should maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. Therefore, all capital procurements must comply with 
FTA's Buy America requirements (49 U.S.C. 5323(j)), which require that 
all iron, steel, and manufactured products be produced in the United 
States. In addition, any award must comply with the Build America, Buy 
America Act (BABA) (Pub. L. 117-58, sections 70901-27). BABA provides 
that none of the funds provided under an award made pursuant to this 
notice may be used for a project unless all iron, steel, manufactured 
products, and construction materials are produced in the United States. 
FTA's Buy America requirements are consistent with BABA requirements 
for iron, steel, and manufactured products.
    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
    As a condition of a grant award, grant recipients 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 and implementing regulations (49 CFR part 
21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 
of the Rehabilitation Act, all other civil rights requirements, and 
accompanying regulations. This should include a current Title VI plan, 
completed Community Participation Plan (alternatively called a Public 
Participation Plan and often part of the overall Title VI program 
plan), if applicable. DOT's and the applicable Operating 
Administrations' Office of Civil Rights may work with awarded grant 
recipients to ensure full compliance with Federal civil rights 
requirements.
d. Disadvantaged Business Enterprise
    Recipients of planning, capital, or operating assistance that will 
award prime contracts (excluding transit vehicle purchases), 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).
    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.
    The TVM rule requires that, prior to bidding on any FTA-assisted 
vehicle procurement, manufacturers of transit vehicles submit a DBE 
Program plan and annual goal methodology to FTA. FTA then will issue a 
TVM concurrence and certification letter. Grant recipients must verify 
each manufacturer's TVM status before accepting its bid. A list of 
compliant, certified TVMs is posted on FTA's website at https://www.transit.dot.gov/TVM. Recipients should contact FTA before accepting 
a bid from a manufacturer not on this list. In lieu of using a 
certified TVM, a recipient may establish project-specific DBE goals for 
its vehicle procurement. FTA will provide additional guidance as grants 
are awarded. For more information on DBE requirements, please contact 
Monica McCallum, FTA Office of Civil Rights, 206-220-7519, 
<a href="/cdn-cgi/l/email-protection#0c416362656f6d22416f4f6d606079614c686378226b637a"><span class="__cf_email__" data-cfemail="bdf0d2d3d4dedc93f0defedcd1d1c8d0fdd9d2c993dad2cb">[email protected]</span></a>.
e. Federal Contract Compliance
    As a condition of grant award and consistent with E.O. 11246, Equal 
Employment Opportunity (30 FR 12319, and as amended), all federally 
assisted construction contractors are required to make good faith 
efforts to meet the goals of 6.9 percent of construction project hours 
being performed by women, in addition to goals that vary based on 
geography for construction work hours and for work being performed by 
minorities. 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

[[Page 8752]]

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, Cybersecurity, and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against all hazards, 
including physical and cyber risks, consistent with Presidential Policy 
Directive 21--Critical Infrastructure Security and Resilience, and the 
National Security Memorandum on Improving Cybersecurity for Critical 
Infrastructure Control Systems. Each applicant selected for Federal 
funding must demonstrate, prior to the signing of the grant agreement, 
effort to consider and address physical and cyber security risks 
relevant to the transportation mode and type and scale of the project. 
Projects that have not appropriately considered and addressed physical 
and cyber security and resilience in their planning, design, and 
project oversight, as determined by the Department and the Department 
of Homeland Security, will be required to do so before receiving funds. 
FTA implements this requirement as follows:
    Pursuant to 49 U.S.C. 5323(v), a recipient that operates a rail 
fixed guideway public transportation system must certify that the 
recipient has established a process to develop, maintain, and execute a 
written plan for identifying and reducing cybersecurity risks. 
Recipients subject to this requirement must:
    1. Utilize the approach described by the voluntary standards and 
best practices developed under section 2(c)(15) of the National 
Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as 
applicable;
    2. Identify hardware and software that the recipient determines 
should undergo third-party testing and analysis to mitigate 
cybersecurity risks, such as hardware or software for rail rolling 
stock under proposed procurements; and
    3. Utilize the approach described in any voluntary standards and 
best practices for rail fixed guideway public transportation systems 
developed under the authority of the Secretary of Homeland Security, as 
applicable.
    For information about standards or practices that may apply to a 
rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.
    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 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.

Applicants subject to the Directive must certify compliance with the 
directive to receive the grant award.
    In addition, TSA issued Information Circular 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.
    Finally, on February 10, 2023, FTA published a Cybersecurity 
Assessment Tool for Transit (CATT) (https://www.transit.dot.gov/research-innovation/cybersecurity-assessment-tool-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

[[Page 8753]]

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 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 email 
<a href="/cdn-cgi/l/email-protection#0d4b594c41627a43624f787e43424b424d696279236a627b"><span class="__cf_email__" data-cfemail="f6b0a2b7ba9981b899b48385b8b9b0b9b6929982d8919980">[email protected]</span></a>, or call Kirsten Wiard-Bauer, FTA Office of 
Program Management, at 202-366-7052. 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 
website at https://www.transit.dot.gov/funding/grants/low-no-and-buses-and-bus-facilities-faqs. 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.
    For issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 
1-800-518-4726 or by email at <a href="/cdn-cgi/l/email-protection#66151316160914122601140708121548010910"><span class="__cf_email__" data-cfemail="d8abada8a8b7aaac98bfaab9b6acabf6bfb7ae">[email protected]</span></a>. 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.

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.

Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024-02246 Filed 2-7-24; 8:45 am]
BILLING CODE 4910-57-P


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