Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 8741 

of conductors under 49 CFR part 242. 

See 49 CFR 240.101; 49 CFR 242.101. 

2. Submit to FRA for approval a list 

of conductors and engineers who have 

been certified under the written 

programs approved by FRA, with 

complete, written certification 

determinations for each individual as 

required under 49 CFR 240.109 for 

engineers, and 49 CFR 242.109 for 

conductors. 

3. Submit to FRA for approval a 

written program of operational tests and 

inspections to be put in effect in 

accordance with 49 CFR 217.9. 

4. Submit to FRA for approval a 

training program in compliance with 49 

CFR part 243 for training, qualification, 

and oversight of safety-related railroad 

employees. 

5. Submit to FRA for approval an ontrack safety program that complies with 

the requirements of 49 CFR part 214, 

subpart C, and complete training and 

qualification records in accordance with 

that program for all employees who will 

engage in any on-track work or use of 

roadway maintenance machines. 

6. Submit to FRA a list of designated, 

qualified persons responsible for 

maintenance and inspection of track in 

accordance with 49 CFR 213.7. 

7. Accompany FRA track inspectors 

on a joint inspection of all BNGR track. 

8. Complete all remedial actions 

noted by FRA for track defects 

identified following the joint inspection 

and submit records of all required track 

inspections after the completion of all 

remedial action. 

9. Certify to FRA that a self-audit of 

HOS records has been completed and 

submit to FRA any records found to be 

incorrect or substantially incomplete 

with corrections to those records, to the 

extent possible. 

10. Certify to FRA that all employees 

have been trained on HOS requirements 

under 49 CFR part 228; 49 U.S.C. ch. 

211. 

11. Certify to FRA that all employees 

have been trained on the requirements 

under 49 CFR part 225 to report 

accidents and incidents to FRA. 

12. Submit to FRA all records of 

inspections required to be maintained 

under § 234.109 (system malfunction at 

highway-rail grade crossings). 

13. Certify that all locomotives are in 

proper condition and fit for service in 

accordance with 49 U.S.C. ch. 207 and 

49 CFR part 229. 

14. Obtain approval from the FRA 

Administrator that all requirements of 

this Order have been met and properly 

performed. 

To obtain relief, BNGR must take the 

actions described above and submit all 

required information and certifications 

to Christian.Holt@dot.gov and 

subsequently inform the FRA 

Administrator in writing that it believes 

all of the requirements of this Order 

have been met. FRA will conduct 

verification inspections and will inform 

BNGR in writing whether it is in 

compliance with this Order so that the 

Order may be lifted. If FRA does not lift 

the Order, FRA’s written response will 

specifically describe what additional 

measures need to be taken to meet all 

of the requirements of this Order. 

Partial Relief 

For FRA to consider granting partial 

relief from this Order, BNGR must 

submit a written plan for approval to 

Christian.Holt@dot.gov that provides a 

detailed explanation of the partial relief 

sought, the specific measures that BNGR 

proposes to ensure the safety of any 

operations to be permitted, and the 

period of time for which such partial 

relief is sought. 

Any partial relief provided will 

remain subject to BNGR’s compliance 

with its approved written plan to 

provide safety measures, limitations on 

operations, and time periods for each 

component part of the partial relief. 

Failure to comply with any material 

provision of the approved plan will 

result in the partial relief being revoked. 

Penalties 

Any violation of this Order or the 

terms of any approved written plan 

pursuant to this Order subjects the 

person (railroad carrier) committing the 

violation to a civil penalty of up to 

$35,516 for ordinary violations and 

$142,063 for aggravated violations for 

each day the violation continues. 49 

U.S.C. 21301; 88 FR 89551 (Dec. 28, 

2023). Any individual (railroad 

personnel) who willfully violates a 

provision stated in this Order is subject 

to civil penalties under 49 U.S.C. 21301. 

In addition, such an individual (railroad 

personnel) whose violation of this Order 

demonstrates the individual’s unfitness 

for safety-sensitive service may be 

removed from safety-sensitive service 

on the railroad under 49 U.S.C. 20111. 

If appropriate, FRA may pursue 

criminal penalties under 49 U.S.C. 

522(a) and 49 U.S.C. 21311(a), as well 

as 18 U.S.C. 1001, for the knowing and 

willful falsification of a report required 

by this Order. FRA may, through the 

Attorney General, also seek injunctive 

relief to enforce this Order. 49 U.S.C. 

20112. 

Effective Date and Notice to Affected 

Persons 

This Order takes effect at 12:01 a.m., 

C.S.T., on February 3, 2024, and applies 

to operations of all trains, locomotives, 

and any other on-track rail vehicles or 

equipment. Notice of this Order will be 

provided by publishing it in the Federal 

Register. Copies of this Order will be 

sent by email prior to publication to 

BNGR, ODOT, and BIA. 

Review 

Opportunity for formal review of this 

Order will be provided in accordance 

with 49 U.S.C. 20104(b) and 5 U.S.C. 

554. Administrative procedures 

governing such review are found at 49 

CFR part 211. See 49 CFR 211.47, 

211.71, 211.73, 211.75, and 211.77. 

Issued in Washington, DC, on February 2, 

2024. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2024–02536 Filed 2–7–24; 8:45 am] 

BILLING CODE 4910–06–P 

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). 

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– 


lotter on DSK11XQN23PROD with NOTICES1
8742 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

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 FTALowNoBusNOFO@dot.gov, 

or applicants may call Kirsten WiardBauer, 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

Issuing agency Federal Transit Administration, US 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: 

• Purchase or lease low or no emission buses; 

• Acquiring low or no emission buses with a leased power source; 

• Constructing or leasing facilities and related equipment (including intelligent technology and software) for low or 

no emission buses; 

• Constructing new public transportation facilities to accommodate low or no emission buses; 

• Rehabilitating or improving existing public transportation facilities to accommodate low or no emission buses; 

• 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: 

• Capital projects to replace, rehabilitate, purchase, or lease buses, vans, or related equipment; 

• Rehabilitate, purchase, construct, or lease bus-related facilities regardless of propulsion type or emissions; 

• 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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 costeffective 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 lowemission projects other than zeroemission vehicles and related facilities. 

For FY 2024, $275,990,941 is 

specifically set aside by law for lowemission 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 LowNo 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 


lotter on DSK11XQN23PROD with NOTICES1
8744 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

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-andprograms/ccam/about/coordinatingcouncil-access-and-mobility-ccamfederal-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 zeroemission bus technologies include, but 

are not limited to, hydrogen fuel-cell 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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, labormanagement 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 preemployment 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-transitadministration-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 labormanagement training programs, as 

outlined in the applicant’s ZeroEmission 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 zeroemission 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 


lotter on DSK11XQN23PROD with NOTICES1
8746 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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 preaward 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 preaward 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 zeroemission project, including tribes 

requesting less than $1 million, are 

required by law to submit a ZeroEmission 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 


lotter on DSK11XQN23PROD with NOTICES1
8748 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

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 lowincome 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-meaningfulpublic-involvement-transportationdecision-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 zeroemission 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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 zeroemission project higher than other zeroemission 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 zeroVerDate Sep<11>2014 17:34 Feb 07, 2024 Jkt 262001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1

lotter on DSK11XQN23PROD with NOTICES1
8750 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

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-noemission-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 labormanagement 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 GMO@dot.gov. 

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-CEJSTInstructions.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 preaward 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: 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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-procurementleasing-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 FTAassisted 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 postproduction 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, Monica.

McCallum@dot.gov. 

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 


lotter on DSK11XQN23PROD with NOTICES1
8752 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

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-transitcatt). 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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 FTALowNoBus

NOFO@dot.gov, or call Kirsten WiardBauer, 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-andbuses-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 support@

grants.gov. Contact information for 

FTA’s regional offices can be found on 

FTA’s website at https://www.transit.

dot.gov/about/regional-offices/regionaloffices. 

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 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Actions 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing the names 

of one or more persons that have been 

placed on OFAC’s Specially Designated 

Nationals and Blocked Persons List 

(SDN List) based on OFAC’s 

determination that one or more 

applicable legal criteria were satisfied. 

All property and interests in property 

subject to U.S. jurisdiction of these 

persons are blocked, and U.S. persons 

are generally prohibited from engaging 

in transactions with them. 

DATES: See SUPPLEMENTARY INFORMATION

section for applicable date(s). 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Associate Director for Global 

Targeting, tel.: 202–622–2420; Assistant 

Director for Licensing, tel.: 202–622– 

2480; Assistant Director for Regulatory 

Affairs, tel.: 202–622–4855; or Assistant 

Director for Sanctions Compliance & 

Evaluation, tel.: 202–622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

The SDN List and additional 

information concerning OFAC sanctions 

programs are available on OFAC’s 

website (https://www.treasury.gov/ofac). 


lotter on DSK11XQN23PROD with NOTICES1