Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices 12537 

in their applications in the Executive 

Summary of the TrAMS application. 

FTA is committed to making 

evidence-based decisions guided by the 

best available science and data. In 

accordance with the Foundations for 

Evidence-based Policymaking Act of 

2018 (Evidence Act), FTA may use 

information submitted in discretionary 

funding applications; information in 

FTA’s Transit Award Management 

System (TrAMS), including grant 

applications, Milestone Progress Reports 

(MPRs), Federal Financial Reports 

(FFRs); transit service, ridership and 

operational data submitted in FTA’s 

National Transit Database; 

documentation and results of FTA 

oversight reviews, including triennial 

and state management reviews; and 

other publicly available sources of data 

to build evidence to support policy, 

budget, operational, regulatory, and 

management processes and decisions 

affecting FTA’s grant programs. 

As part of completing the annual 

certifications and assurances required of 

FTA grant recipients, a successful 

applicant must report on the suspension 

or debarment status of itself and its 

principals. If the award recipient’s 

active grants, cooperative agreements, 

and procurement contracts from all 

Federal awarding agencies exceeds 

$10,000,000 for any period of time 

during the period of performance of an 

award made pursuant to this Notice, the 

recipient must comply with the 

Recipient Integrity and Performance 

Matters reporting requirements 

described in Appendix XII to 2 CFR part 

200. 

G. Federal Awarding Agency Contacts 

For further information concerning 

this notice, please contact the Low-No/ 

Bus grant program staff via email at 

ftalownobusnofo@dot.gov, or call Amy 

Volz, by phone at 202–366–7484. 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. 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 www.fta.dot.gov. 

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 

www.transportation.gov/rural. 

This program is not subject to 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ 

Nuria I. Fernandez, 

Administrator. 

[FR Doc. 2022–04621 Filed 3–3–22; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Notice of Funding Opportunity for 

America’s Marine Highway Projects 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice of funding opportunity. 

SUMMARY: This notice announces the 

availability of funding for grants and 

establishes selection criteria and 

application requirements for the 

America’s Marine Highway Program 

(‘‘AMHP’’). The purpose of this program 

is to make grants available to previously 

designated Marine Highway Projects 

that support the development and 

expansion of documented vessels or 

port and landside infrastructure. The 

U.S. Department of Transportation 

(‘‘DOT’’ or ‘‘Department’’) also seeks 

eligible grant projects that will 

strengthen American supply chains. The 

Department will award Marine Highway 

Grants to implement projects or 

components of projects previously 

designated by the Secretary of 

Transportation (‘‘Secretary’’) under the 

AMHP. Only Marine Highway Projects 

the Secretary designates before the 

Notice of Funding Opportunity 

(‘‘NOFO’’) closing date are eligible for 

funding as described in this notice. 

DATES: Grant applications must be 

received by the Maritime 

Administration (‘‘MARAD’’) by 5:00 

p.m. E.D.T. on April 29, 2022. 

ADDRESSES: Grant applications must be 

submitted electronically using 

Grants.gov (https://www.grants.gov). 

Please be aware that you must complete 

the Grants.gov registration process 

before submitting your application and 

that the registration process usually 

takes 2 to 4 weeks to complete. 

Applicants are strongly encouraged to 

make submissions in advance of the 

deadline. 

FOR FURTHER INFORMATION CONTACT: Fred 

Jones, Office of Ports & Waterways 

Planning, Room W21–311, Maritime 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

phone 202–366–1123, or email 

Fred.Jones@dot.gov. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

to contact the above individual during 

business hours. The FIRS is available 

twenty-four hours a day, seven days a 

week, to leave a message or question 

with the above individual. You will 

receive a reply during regular business 

hours. 

SUPPLEMENTARY INFORMATION: Each 

section of this notice contains 

information and instructions relevant to 

the Marine Highway Grants application 

process. All applicants should read this 

notice in its entirety so that they have 

the information they need to submit 

eligible and competitive applications. 

Applications received after the deadline 

will not be considered except in the 

case of unforeseen technical difficulties 

as outlined below in Section D.6. 

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 

A. Program Description 

The Secretary, in accordance with 46 

U.S.C. 55601, established a marine 

highway transportation grant program to 

implement projects or components of 

designated Marine Highway Projects 

that provide a coordinated and capable 

alternative to landside transportation or 

that promote marine highway 

transportation. The primary goal of the 

AMHP is to expand the use of the 

nation’s navigable waters to relieve 

landside congestion, reduce air 

emissions, and generate other public 

benefits by increasing the efficiency of 

the surface transportation system, and 

Marine Highway Grants will be awarded 

to further this purpose. 

The Infrastructure Investment and 

Jobs Act (Pub. L. 117–58, November 15, 

2021) (‘‘Bipartisan Infrastructure Law’’ 

or ‘‘BIL’’) appropriated $25,000,000 to 

be awarded by the Department for 

Marine Highway Grants. The grant 

funds currently available are for projects 

related to vessels documented under 46 


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1See U.S. Department of Transportation Strategic 

Plan for FY 2018–2022 (Feb. 2018) at https://

www.transportation.gov/administrations/officepolicy/dot-strategic-plan-fy2018-2022. 

2See U.S. Department of Transportation Strategic 

Framework FY 2022–2026 (Dec. 2021) at https://

www.transportation.gov/administrations/officepolicy/fy2022-2026-strategic-framework. 

3The President’s Port Action Plan may be found 

here: https://www.whitehouse.gov/briefing-room/ 

statements-releases/2021/11/09/fact-sheet-thebiden-harris-action-plan-for-americas-ports-andwaterways/. 

4Executive Order 13985 defines ‘‘equity’’ as the 

consistent and systematic fair, just, and impartial 

treatment of all individuals, including individuals 

who belong to underserved communities that have 

been denied such treatment, such as Black, Latino, 

and Indigenous and Native American persons, 

Asian Americans and Pacific Islanders and other 

persons of color; members of religious minorities; 

lesbian, gay, bisexual, transgender, and queer 

(LGBTQ+) persons; persons with disabilities; 

persons who live in rural areas; and persons 

otherwise adversely affected by persistent poverty 

or inequality. 

5Pre-award costs are only costs incurred directly 

pursuant to the negotiation and anticipation of the 

Marine Highway grant award where such costs are 

necessary for efficient and timely performance of 

the scope of work, as determined and pre-approved 

in writing by MARAD. 

U.S.C. Chapter 121 and port and 

landside infrastructure. Section E of this 

notice, which outlines the Marine 

Highway Grants selection criteria, 

describes the process for selecting 

projects that further this goal. Section 

F.3. describes progress and performance 

reporting requirements for selected 

projects, including the relationship 

between that reporting and the 

program’s selection criteria. 

Since this program was created, more 

than $51.7 million has been awarded 

through competitive grants to 

implement projects or components of 

projects designated under 46 U.S.C. 

55601. Throughout the program, these 

discretionary grants have been awarded 

to projects that have supported the 

development and expansion of 

documented vessels and port and 

landside infrastructure, consistent with 

DOT’s strategic infrastructure goals.1

The AMHP continues to align with the 

Department’s strategic goals by guiding 

investments for port and landside 

infrastructure that expand the use of the 

nation’s navigable waters.2 The FY 2022 

AMHP round will be implemented, as 

appropriate and consistent with law, in 

alignment with the priorities in 

Executive Order 14052, Implementation 

of the Infrastructure Investment and 

Jobs Act (86 FR 64335), which are to 

invest efficiently and equitably, promote 

the competitiveness of the U.S. 

economy, improve job opportunities by 

focusing on high labor standards, 

strengthen infrastructure resilience to 

all hazards, which helps combat the 

crisis of climate change, coordinate 

effectively with State, local, Tribal, and 

territorial government partners, and 

support the Administration’s Justice40 

Initiative goal that 40% of the overall 

benefits from Federal investments in 

climate and clean energy flow to 

disadvantaged communities. 

The expectations of this notice also 

reflect the goal of strengthening 

American supply chains. This vision is 

consistent with the President’s Port 

Action Plan, which calls for rapid action 

to relieve supply chain constraints at 

American ports through significant 

investments in the near, medium, and 

long term,3 and the program will seek 

projects that address supply chain 

disruptions. 

This round of AMHP grant funding 

also highlights the Administration’s 

priorities to invest in infrastructure 

projects that advance the goals of 

Executive Order 14008, Tackling the 

Climate Crisis at Home and Abroad (86 

FR 7619), Executive Order 13985, 

Advancing Racial Equity and Support 

for Underserved Communities Through 

the Federal Government (86 FR 7009), 

and Executive Order 14025, Worker 

Organizing and Empowerment (86 FR 

22829) by, for example: Proactively 

addressing equity 4 for all, including 

people of color and others who have 

been historically underserved, 

marginalized, and adversely affected by 

persistent poverty, inequality, and 

barriers to opportunity; alleviating 

surface transportation congestion; and 

creating good paying jobs with the free 

and fair choice to join a union. 

The America’s Marine Highway 

Program Office (Program Office) follows 

a three-step approach when supporting 

investment opportunities for marine 

highway transportation services. The 

first step is designation of a Marine 

Highway Route by the Secretary. The 

Department accepts Marine Highway 

Route Designation requests at any time 

from Route Sponsors. Once a Route is 

designated, the second step is 

designation as a Marine Highway 

Project by the Secretary. Marine 

Highway Projects represent concepts for 

new services or expansions of existing 

marine highway services on designated 

Marine Highway Routes that use 

documented vessels and mitigate 

landside congestion or promote marine 

highway transportation. MARAD 

announces by notice in the Federal 

Register open season periods to allow 

Project Applicants opportunities to 

submit Marine Highway Project 

Designation applications. A Project 

Applicant must receive a Project 

Designation to then become eligible for 

Marine Highway Grant funding for that 

Project, the third step referenced above. 

Marine Highway Grant funding (the 

subject of this NOFO) is provided to 

successful public and private sector 

applicants as funds are appropriated by 

Congress. 

The America’s Marine Highway Grant 

program is described in the Federal 

Assistance Listings with Assistance 

Listings Number 20.816. 

B. Federal Award Information 

The total funding available for awards 

under this NOFO is $24,250,000. This 

amount represents $25,000,000 from the 

BIL appropriations less $750,000 for 

grant administration and oversight as 

permitted under 49 U.S.C. 109(i). 

MARAD will seek to obtain the 

maximum benefit from the available 

funding by awarding grants to as many 

qualified projects as possible; however, 

per 46 U.S.C. 55601(g)(3), MARAD shall 

give preference to those projects or 

components that present the most 

financially viable transportation 

services and require the lowest 

percentage of Federal share of costs. 

Depending on the characteristics of the 

pool of qualified applications, it is 

possible MARAD may award all funds 

to a single project. MARAD may also 

award grant funds to support a portion 

of a project described in an application 

by selecting a discrete component(s). If 

this solicitation does not result in the 

award and obligation of all available 

funds, MARAD may publish additional 

solicitations. 

MARAD will administer each Marine 

Highway Grant pursuant to a grant 

agreement with the successful 

applicant, and the start date and period 

of performance for each award will be 

outlined in each grant agreement. 

Marine Highway Grant funds will be 

administered on a reimbursable basis. 

Unless authorized in writing by 

MARAD as allowable ‘‘pre-award 

costs’’ 5 and incurred after the 

Department’s announcement of Marine 

Highway Grant awards, any costs 

incurred prior to MARAD’s obligation of 

funds for a project are ineligible for 

reimbursement and are ineligible to 

count as match for cost share 

requirements. Obligation occurs when a 

selected applicant and MARAD enter 

into a written grant agreement after the 

applicant has satisfied applicable 

administrative requirements, including 

environmental review requirements, 

such as those under the National 

Environmental Policy Act (NEPA), and 

civil rights requirements, including 

those under Title VI of the Civil Rights 

Act of 1964, the Americans with 


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Disabilities Act, and Section 504 of the 

Rehabilitation Act of 1973. MARAD 

seeks to obligate FY 2022 AMH funds 

under this notice by September 30, 2025 

and expects grant recipients to expend 

funds within five years of obligation. As 

part of the review and selection process 

described in Section E.2., MARAD will 

consider a project’s likelihood of 

obligating funds by September 30, 2025 

and liquidation of these obligations 

within five years after the date of 

obligation. 

MARAD reserves the right to revoke 

any award of Marine Highway Grant 

funds and to award such funds to 

another project to the extent that such 

funds are not expended in a timely or 

acceptable manner and in accordance 

with the project schedule and 

requirements detailed in the grant 

agreement. 

Prior recipients of Marine Highway 

Grants may apply for funding to support 

additional phases of a designated 

project. However, to be competitive, the 

grant applicant should demonstrate the 

extent to which the previously funded 

project phase has met estimated project 

schedules and budget, as well as the 

ability to realize the benefits expected 

for the new award. 

C. Eligibility Information 

To be selected for a Marine Highway 

Grant, an applicant must be an Eligible 

Applicant and the project must be an 

Eligible Project. 

1. Eligible Applicants 

Eligible Applicants for funding 

available under this notice are original 

Project Applicants of projects that the 

Secretary has previously designated as 

Marine Highway Projects or substitute 

applicants. A substitute applicant can 

be either a public entity or a privatesector entity that has been referred to 

the Program Office by the original 

Project Applicant in a written letter of 

support. This letter of support must be 

included as an attachment to the 

application for funding. Original Project 

Applicants are defined as those public 

entities named by the Secretary in 

original designated projects. Eligible 

applicants must have operational or 

administrative areas of responsibility 

that are adjacent to or near the relevant 

designated Marine Highway Project. 

Eligible Applicants include State 

governments (including State 

departments of transportation), 

metropolitan planning organizations, 

port authorities, and tribal governments, 

or private sector operators of marine 

highway services within designated 

Marine Highway Projects. Private-sector 

applicants should refer to Section 

D.2.vi.(G) for additional documentation 

that must be submitted to support an 

eligibility determination. 

Eligible Applicants are encouraged to 

develop coalitions and public/private 

partnerships, which might include 

vessel owners and operators; third-party 

logistics providers; trucking companies; 

shippers; railroads; port authorities; 

state, regional, and local transportation 

planners; environmental organizations; 

impacted communities; or any 

combination of entities working in 

collaboration on a single grant 

application that can be submitted by the 

original Project Applicant or their 

designated substitute. All successful 

grant applicants, whether they are 

public or private entities, must comply 

with all Federal requirements, including 

the necessary NEPA review and 

documentation. 

If multiple Eligible Applicants submit 

a joint grant application, they must 

identify in the application a lead 

Eligible Applicant as the primary point 

of contact. Joint grant applications must 

include a description of the roles and 

responsibilities of each applicant, 

including designating the one entity that 

will receive the Federal funds directly 

from MARAD, and must include a 

signed letter of support from each 

Eligible Applicant as an attachment. 

Refer to Section D.5., Funding 

Restrictions, for more information. 

2. Cost Sharing or Matching 

An Eligible Applicant must provide at 

least 20 percent of grant project costs 

from non-Federal sources. Non-Federal 

sources include State funds originating 

from programs funded by State revenue, 

local funds originating from State or 

local revenue-funded programs, or 

private funds. The application should 

demonstrate, such as through a 

commitment letter or other 

documentation, the sources of these 

non-Federal funds. Preference will be 

given to those projects that provide a 

larger percentage of costs from nonFederal sources. MARAD will not 

consider previously incurred costs or 

previously expended or encumbered 

funds towards the matching 

requirement for any project. Matching 

funds are subject to the same Federal 

requirements described in Section F.2. 

as Federally awarded funds, including 

applicable domestic content 

requirements. Refer to Section D.2. for 

information on documenting cost 

sharing in the application. 

For each project that receives a 

Marine Highway Grant award, the terms 

of the award will require the recipient 

to complete the project using at least the 

level of non-Federal funding that was 

specified in the application. If the actual 

costs of the project are greater than the 

costs estimated in the application, the 

recipient will be responsible for 

increasing the non-Federal contribution. 

If the actual costs of the project are less 

than the costs estimated in the 

application, the Department may reduce 

the Federal contribution. 

3. Other 

i. Eligible Projects 

(A) Capital Projects 

Pursuant to the BIL, eligible projects 

proposed for funding must support the 

development and expansion of vessels 

documented under 46 U.S.C. Chapter 

121 or port and landside infrastructure. 

Only projects or their components that 

the Secretary has designated as Marine 

Highway Projects by the closing date of 

this notice are eligible for this round of 

grant funding. The current list of 

designated Marine Highway Projects can 

be found on the MARAD website at: 

https://cms.marad.dot.gov/sites/ 

marad.dot.gov/files/2021-08/AMH%20

Project%20Designations

%20Aug%202021.pdf. 

Improvements to Federally owned 

facilities are ineligible under the Marine 

Highway Grant program. 

(B) Planning Projects 

Grant funds may also be requested for 

eligible project planning activities; 

however, market-related studies are 

ineligible to receive Marine Highway 

Grants. Activities eligible for funding 

under Marine Highway planning grants 

are related to the planning, preparation, 

or design—including site design, 

engineering drawings, cost estimation, 

feasibility analysis, environmental 

review, permitting, and preliminary 

engineering and design work—of 

eligible documented vessel or port and 

landside infrastructure projects. 

ii. Application Limit 

Each applicant may submit no more 

than one grant application per 

designated project. 

D. Application and Submission 

Information 

1. Address To Request Application 

Package 

This announcement contains all the 

information needed for applicants to 

apply for this funding opportunity. 

Applications may be found at and must 

be submitted through Grants.gov. 

2. Content and Form of Application 

Submission 

The application must include the 

Standard Form 424 (Application for 


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6On April 4, 2022, the Federal government will 

stop using the Data Universal Numbering System 

(DUNS) number to uniquely identify entities. At 

that point, entities doing business with the Federal 

government will use a Unique Entity Identifier 

(UEI) created in SAM.gov. If your entity is currently 

registered in SAM.gov, your UEI has already been 

assigned and is viewable in SAM.gov. This includes 

inactive registrations. 

Federal Assistance), which can be found 

on Grants.gov, and the Project Narrative. 

MARAD recommends that the Project 

Narrative follows the basic outline 

below to address the program 

requirements and assist evaluators in 

locating relevant information. 

I. First Page of Project Narrative ...................................................................................................................... See D.2.i. 

II. Project Description ....................................................................................................................................... See D.2.ii. 

III. Project Location ........................................................................................................................................... See D.2.iii. 

IV. Grant Funds, Sources, and Uses of Project Funds .................................................................................... See D.2.iv. 

V. Selection Criteria .......................................................................................................................................... See D.2.v. and E.1. 

VI. Other Application Requirements ............................................................................................................... See D.2.vi. 

The Project Narrative should include 

the information necessary for MARAD 

to determine that the project satisfies 

the requirements described in Sections 

B and C, and to assess the selection 

criteria specified in Section E.1., 

including a detailed project description, 

location, and budget. To the extent 

practicable, applicants should provide 

supporting data and documentation in a 

form that is directly verifiable by 

MARAD. Applicants are strongly 

encouraged to provide quantitative 

information, including baseline 

information, that demonstrates a 

project’s merits and economic viability. 

MARAD may ask any applicant to 

supplement data in its application but 

expects applications to be complete 

upon submission. Incomplete 

applications may not be considered for 

an award. 

The Project Narrative should also 

include a table of contents, maps, and 

graphics, as appropriate, to make the 

information easier to review. MARAD 

recommends that the Project Narrative 

be prepared with standard formatting 

preferences (a single-spaced document, 

using a standard 12-point font such as 

Times New Roman, with 1-inch 

margins, and the narrative text in one 

column only). The Project Narrative 

may not exceed 12 pages in length, 

excluding the table of contents and 

appendices. The only substantive 

portions that may exceed the 12-page 

limit are documents supporting 

assertions or conclusions made in the 

12-page Project Narrative. If possible, 

website links to supporting 

documentation should be provided 

rather than copies of these supporting 

materials. It is important to ensure that 

the website links are currently active, 

accessible, and working. If supporting 

documents are submitted, applicants 

should clearly identify within the 

Project Narrative the relevant portion of 

the Project Narrative that each 

supporting document supports. MARAD 

recommends using appropriately 

descriptive file names (e.g., ‘‘Project 

Narrative,’’ ‘‘Maps,’’ ‘‘Letters of 

Support’’) for all attachments. At the 

applicant’s discretion, relevant 

materials provided previously in 

support of a Marine Highway Project 

application may be referenced, updated, 

or described as unchanged. To the 

extent documents provided previously 

are referenced, they need not be 

resubmitted in support of a Marine 

Highway Grant application. 

To ensure the Project Narrative is 

sufficiently detailed and informative, 

MARAD recommends applications 

include the following sections: 

i. First Page of Project Narrative 

The first page of the Project Narrative 

should provide the following items of 

information: 

(A) Marine Highway Designated 

Project name and the original Project 

Applicant (as stated on the Marine 

Highway Program’s list of Designated 

Projects); 

(B) Primary point of contact, 

including the name, phone number, 

email address, and business address of 

the primary point of contact for the 

Eligible Applicant. If submitting a joint 

application, the primary point of contact 

should be for the lead Eligible 

Applicant; 

(C) Total amount of the proposed 

grant project cost in dollars and the 

amount of Federal grant funds the 

applicant is seeking, along with sources 

and share of matching funds; 

(D) Executive Summary, which 

should include an outline of the 

background of the project, the need for 

the project, and how the grant funding 

will be applied in the context of the 

service referenced in the original Project 

Designation application; 

(E) The public and private partners 

engaged in the Marine Highway Project; 

(F) The Unique Entity Identifier (UEI) 

Number 6 associated with the 

application—Marine Highway Grant 

Recipients and their first-tier subawardees must obtain UEI numbers, 

which are available in SAM.gov; and 

(G) Evidence of registration with the 

System for Award Management (SAM) 

at https://www.SAM.gov. 

ii. Project Description 

The next section of the application 

should provide a description of the 

project. The project description must be 

in paragraph form providing a highlevel view of the overall project and its 

major components. This section should 

discuss the project’s history, including a 

description of any previously completed 

components. The applicant may use this 

section to place the project into a 

broader context of other transportation 

infrastructure investments being 

pursued by the grant applicant, and, if 

applicable, how it will benefit 

communities in rural areas. The project 

description should be sufficiently 

detailed so that the NEPA class of action 

can be determined without additional 

requests for information. 

This section should also include a 

timeline for implementing the project, 

including identifying major project 

milestones. The project schedule should 

be sufficiently detailed to demonstrate 

that the project can complete 

construction and expend all funds 

within five years after obligation. See 

Section B. 

Additionally, if a project addresses 

regional or national supply chain delays 

on the freight transportation network or 

strengthens supply chain resiliency, this 

section of the application should 

include sufficient information to enable 

evaluation of: (i) An existing or 

anticipated regional or national supply 

chain delay and (ii) how the project will 

address the identified delay. 

Applications should also address how 

quickly the project can mitigate the 

supply chain delay or strengthen supply 

chain resiliency. 

This section should also describe 

whether the project addresses equity 

and barriers to opportunity. Applicants 

are encouraged to describe credible 

planning activities and actions to 

resolve potential inequities and barriers 

to equal opportunity in the project as 

reflected in Executive Order 13985, 

Advancing Racial Equity and Support 

for Underserved Communities Through 

the Federal Government (86 FR 7009). 


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7https://www.whitehouse.gov/wp-content/ 

uploads/2021/07/M-21-28.pdf. 

8 Information on DOT’s Disadvantaged Census 

Tract tool (Transportation Disadvantaged Census 

Tracts) can be found at: https://

usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc

8b44525b04c7ce748a3674a. For technical 

assistance in using this tool, please contact gmo@

dot.gov or the AMHP contact. 

9For projects that are located in a Federally 

designated community development zone, the 

applicant must identify the zone and provide 

related identifying data (such as the Opportunity 

Zone number). 10See https://opportunityzones.hud.gov/. 11See https://www.hud.gov/hudprograms/ 

empowerment_zones. 12See https://www.hud.gov/program_offices/ 

field_policy_mgt/fieldpolicymgtpz. 

13See https://www.hud.gov/program_offices/ 

public_indian_housing/programs/ph/cn. 

14For the purpose of this NOFO, a project is 

designated as urban if it is located within (or on the 

boundary of) a Census-designated urbanized area 

(UA) that had a population greater than 50,000 in 

the 2010 Census. Lists of 2010 UAs as defined by 

the Census Bureau are available on the Census 

Bureau website at https://www.census.gov/ 

geographies/reference-maps/2010/geo/2010-censusurban-areas.html. For the purpose of this NOFO, 

the definition of urban and rural is based on the 

2010 Census-designated urban areas since urban 

areas have not been designated for the 2020 Census 

at the time of this NOFO publication. 

15MARAD will consider a project to be in a rural 

area if the majority of the project (determined by 

geographic location(s) where the majority of the 

money is to be spent) is located outside of a Censusdesignated urbanized area with a population of 

50,000 or greater. Grant funds utilized in an 

urbanized area border, including an intersection 

with an urbanized area, will be considered urban 

for the purposes of the Marine Highway Grants 

program. 

For example, the applicant should 

describe: How the project incorporates 

an equity impact analysis; how the 

project adopts an equity and inclusion 

program/plan or implementation of 

equity-focused policies related to 

project procurement, material sourcing, 

construction, inspection, or other 

activities designed to ensure racial 

equity in the overall project delivery 

and implementation; or documentation 

of equity-focused community outreach 

and public engagement in the project’s 

planning and project elements in 

underserved communities, including 

Historically Disadvantaged 

Communities. DOT has been developing 

a definition of Historically 

Disadvantaged Communities as part of 

its implementation of the Justice40 

Initiative and will use that definition for 

the purpose of this NOFO. Consistent 

with OMB’s Interim Guidance for the 

Justice40 Initiative,7 Historically 

Disadvantaged Communities include (a) 

certain qualifying census tracts, (b) any 

Tribal land, or (c) any territory or 

possession of the United States. 

Additionally, DOT is providing a 

mapping tool to assist applicants in 

identifying whether a project is located 

in a Historically Disadvantaged 

Community at Transportation 

Disadvantaged Census Tracts.8 Any 

policies, plans, and outreach 

documentation related to advancing 

equity or removing barriers to 

opportunity should be briefly discussed 

and provided as an appendix to the 

Project Narrative. 

Consistent with the Department’s 

Rural Opportunities to Use 

Transportation for Economic Success 

(ROUTES) Initiative (https://

www.transportation.gov/rural), the 

Department encourages applicants to 

describe how activities proposed in 

their applications would address the 

unique challenges facing rural 

transportation networks, regardless of 

the geographic location of those 

activities. 

iii. Project Location 

This section of the application should 

describe the project location, including 

a detailed geographical description of 

the proposed project, a map of the 

project’s location and connections to 

existing transportation infrastructure, 

and geospatial data describing the 

project location. 

The application should also identify: 

(A) Whether the project is located in 

a Federally designated community 

development zone 9 such as a qualified 

Opportunity Zone; 10 Empowerment 

Zone; 11 Promise Zone; 12 or Choice 

Neighborhood; 13

(B) whether the project is located in 

a Historically Disadvantaged 

Community, including the relevant 

census tract(s) (as defined in Section 

D.2.ii.); and 

(C) whether the project is located in 

a 2010 Census-designated urban area 14

or rural area.15

iv. Grant Funds, Sources, and Uses of 

Project Funds 

This section of the application should 

describe the project’s budget (i.e., the 

project scope that includes Marine 

Highway funding and non-Federal cost 

share). The budget should not include 

any previously incurred expenses. At a 

minimum, it should include: 

(A) Project costs; 

(B) The sources and amounts of funds 

to be used for project costs; 

(C) For non-Federal funds to be used 

for eligible project costs, documentation 

of funding commitments should be 

referenced here and included as an 

appendix to the application; 

(D) For other Federal (non-AMHP) 

funds to be used for eligible project 

costs, the amounts, nature, and sources 

of any required non-Federal match for 

those funds; and 

(E) A budget showing how each 

source of funds will be spent. The 

budget should show how each funding 

source will share in each project 

component, and present that data in 

dollars and percentages. Funding 

sources should be grouped into three 

categories: Non-Federal; Marine 

Highway Grant funding; and other 

Federal. A letter of commitment from 

each funding source should be an 

attachment to the application. If the 

project contains individual components, 

the budget should separate the costs of 

each project component. The budget 

should sufficiently demonstrate that the 

project satisfies the statutory costsharing requirements described in 

Section C.2. 

v. Selection Criteria 

This section of the application should 

demonstrate how the project proposed 

for grant funding aligns with the criteria 

described below and in Section E.1. 

MARAD encourages applicants to 

address each criterion, or expressly state 

that the project does not address the 

criterion. Applicants are not required to 

follow a specific format, but MARAD 

recommends applicants address each 

criterion separately using the outline 

suggested below and provide a clear 

discussion that assists project evaluators 

in evaluating how each project meets 

the selection criteria. Guidance 

describing how MARAD will evaluate 

projects against the selection criteria is 

in Section E.1. of this notice. Applicants 

also should review that section before 

considering how to organize and 

complete their applications. To 

minimize redundant information in an 

application, MARAD encourages 

applicants to cross-reference from this 

section of their application to relevant 

substantive information in other 

sections of the application. 

(A) Primary Selection Criteria 

(1) This section of the application 

should demonstrate the extent to which 

the project is financially viable. Per 46 

U.S.C. 55601(g)(3), preference will be 

given to projects or components that 

present the most financially viable 

transportation services. 

(2) This section of the application 

should demonstrate that the funds 

received will be spent efficiently and 

effectively. 

(3) This section of the application 

should demonstrate that a market exists 

for the services of the proposed project 

as evidenced by contracts or written 

statements of intent from potential 

customers. 

(4) This section of the application 

should describe the public benefits 


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16Environmental justice, as defined by the 

Environmental Protection Agency, is the fair 

treatment and meaningful involvement of all people 

regardless of race, color, national origin, or income, 

with respect to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies. 

17The EJSCREEN tool can be found on the EPA 

site: https://ejscreen.epa.gov/mapper/. 

anticipated by the proposed grant 

project, as outlined in 46 CFR 

393.3(c)(8), and described below. The 

public benefits described in the relevant 

Marine Highway Project Designation 

application may be referenced, updated, 

or described as unchanged. Applicants 

will need to clearly demonstrate that the 

original public benefits outlined in the 

original Project Designation application 

apply to the specific grant funding 

request associated with this notice, and 

provide any updates or supplemental 

information regarding the original 

public benefits, as necessary. To the 

extent referenced, this information need 

not be resubmitted in support of a 

Marine Highway Grant application. 

Applicants should organize the external 

net cost savings and public benefits of 

the proposed grant project based on the 

following six categories: 

i. Emissions benefits; 

ii. Energy savings; 

iii. Landside transportation 

infrastructure maintenance savings; 

iv. Economic competitiveness; 

v. Safety improvements; and 

vi. System resiliency and redundancy. 

vi. Other Application Requirements 

(A) National Environmental Policy Act 

(NEPA) Requirements 

(1) Information about the NEPA status 

of the Project. Projects selected for grant 

award must comply with NEPA and any 

other applicable environmental laws. 

The application should include 

sufficient detail on the project in order 

for MARAD to determine the NEPA 

class of action. The application should 

indicate the anticipated NEPA level of 

review for the project and describe any 

environmental analysis in progress or 

completed. This includes Categorical 

Exclusion, Environmental Assessment/ 

Finding of No Significant Impact, or 

Environmental Impact Statement/ 

Record of Decision. The applicant 

should review the Maritime 

Administration Manual of Orders MAO 

600–1 (available at https://

www.maritime.dot.gov/sites/ 

marad.dot.gov/files/docs/environmentsecurity-safety/office-environment/596/ 

mao600-001-0.pdf) prior to submission. 

The application should detail the type 

of NEPA review underway, where the 

project is in the process, provide a 

website link or other reference to copies 

of any environmental documents 

prepared, and indicate the anticipated 

date of completion of all milestones and 

of the final NEPA determination. If the 

last agency action with respect to NEPA 

documents occurred more than three 

years before the application date, the 

applicant should describe why the 

project has been delayed and include a 

proposed approach for verifying and, if 

necessary, updating this material in 

accordance with applicable NEPA 

requirements. The applicant should be 

aware that the final determination of 

NEPA class of action will be made by 

MARAD after grant award 

announcement. The successful 

applicant will be responsible for the 

completion of MARAD’s NEPA 

documentation, in collaboration with 

MARAD’s Office of Environmental 

Compliance, prior to execution of the 

grant agreement. 

(2) Environmental Permits and 

Reviews. The application should 

demonstrate receipt (or reasonably 

anticipated receipt) of all environmental 

permits and approvals necessary, such 

as Army Corps of Engineers permits. 

Additionally, the successful applicant, 

in collaboration with MARAD, will be 

responsible for the completion of 

Section 106 of the National Historic 

Preservation Act, 54 U.S.C. 306108, and 

Section 7 of the Endangered Species 

Act, 16 U.S.C. 1531, consultations prior 

to completing NEPA. Applications 

should also identify any additional 

Federal, State, and local permits and 

approvals necessary for project 

completion. 

(B) Other Federal, State, and Local 

Actions 

An application must indicate whether 

a proposed project is likely to require 

actions by other agencies, indicate the 

status of such actions, provide a website 

link or other reference to materials 

submitted to the other agencies, and 

demonstrate compliance with other 

Federal, state, or local regulations and 

permits as applicable. This section 

should also include a description of 

whether the project is dependent on, or 

affected by, U.S. Army Corps of 

Engineers investment as well as the U.S. 

Army Corps of Engineers planned 

activities as it relates to the project. 

(C) Domestic Preference 

If a project intends to use any product 

with foreign content or of foreign origin, 

this information should be listed and 

addressed in the application. 

Applications should expressly address 

how the applicant plans to comply with 

domestic preference requirements and 

the applicant’s current efforts and 

planned efforts to maximize domestic 

content. If an applicant anticipates any 

potential foreign-content issues with its 

proposed project, applications should 

demonstrate that the domestic source is 

not available and how that 

determination was reached. 

(D) Addressing Climate Change and 

Decarbonization 

MARAD seeks to fund projects under 

the AMHP that proactively consider 

climate change and align with the 

President’s greenhouse gas reduction 

goals and promote energy efficiency. As 

part of the Department’s 

implementation of Executive Order 

14008, Tackling the Climate Crisis at 

Home and Abroad (86 FR 7619), 

MARAD also seeks to fund projects that 

address environmental justice, 

particularly for communities that 

disproportionally experience climate 

change-related consequences. In support 

of this priority, applications should 

address whether the project has 

incorporated climate change and 

environmental justice 16 in project 

planning and/or design components, 

particularly for communities that 

disproportionally experience climate 

change-related consequences. To 

address the planning element of this 

criterion, the application should 

describe what specific climate change or 

environmental justice activities have 

been completed or are planned for the 

project. This could include identifying 

how emissions reductions will 

specifically benefit disadvantaged 

communities or to what extent it will 

create employment opportunities and 

economic benefits to the local 

community. The application should 

indicate whether a project is 

incorporated in a climate action plan, 

whether an equitable development plan 

has been prepared, and whether (and 

how) the results of planning tools such 

as DOT’s Disadvantaged Census Tract 

tool or EPA’s EJSCREEN have been 

incorporated into the project.17

To address whether the project has 

incorporated climate change and 

environmental justice in the design 

components, the application should 

describe specific and direct ways that 

the project will mitigate or reduce 

climate change impacts. This may 

include a description of how the project 

incorporates multimodal infrastructure 

to reduce climate impacts, such as by 

ensuring that cargo is moved by the 

most climate-efficient/friendly mode of 

transportation. This section should also 

describe ways that the project reduces 

emissions or uses technology to increase 

energy efficiency, and whether the 


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proposed grant project demonstrates a 

movement towards lower carbon 

emissions or near-zero emissions. This 

may include, but is not limited to: 

(1) The use of alternative, low carbon 

fuels for vessels or cargo handling 

equipment; 

(2) The use of alternative 

technologies, such as fuels cells, 

batteries, hybrid systems, etc. for vessels 

or cargo handling equipment; 

(3) The procurement or leasing of low 

or no emission cargo-handling 

equipment that make greater reductions 

in energy consumption and harmful 

emissions than comparable equipment; 

(4) The use of port-based alternative 

energy sources such as low carbonpowered microgrids or charging 

stations; and/or 

(5) Best practices that promote low 

carbon/energy efficiency cargo 

movement or handling operations. 

(E) Certification Requirements 

For an application to be considered 

for a grant award, the Chief Executive 

Officer, or equivalent, of the Eligible 

Applicant is required to certify, in 

writing, the following: 

(1) That, except as noted in this grant 

application, nothing has changed from 

the original application for formal 

designation as a Marine Highway 

Project; and 

(2) The Eligible Applicant will 

administer the project and any funds 

received will be spent efficiently and 

effectively; and 

(3) The Eligible Applicant will 

provide information, data, and reports 

as required. 

(F) Protection of Confidential 

Commercial Information 

Eligible Applicants should submit, as 

part of or in support of applications, 

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 

application includes information that 

the applicant considers to be a trade 

secret or confidential commercial or 

financial information, the applicant 

should do the following: (i) Note on the 

front cover that the submission contains 

‘‘Confidential Commercial Information 

(CCI)’’; (ii) mark each affected page 

‘‘CCI’’; and (iii) highlight or otherwise 

denote the CCI portions. MARAD will 

protect such information from 

disclosure to the extent allowed under 

applicable law. In the event MARAD 

receives a Freedom of Information Act 

(FOIA) request for the information, 

procedures described in the 

Department’s FOIA regulation at 49 CFR 

7.29 will be followed. Only information 

that is ultimately determined to be 

confidential under those procedures 

will be exempt from disclosure under 

FOIA. 

(G) Additional Application Information 

Needed From All Private-Sector 

Applicants, Including Previous 

Recipients of AMHP Grant Funding 

(1) Written letter of support from the 

original Project Applicant stating that 

the private entity has been referred by 

the original Project Applicant for the 

relevant designated Marine Highway 

Project. 

(2) A description of the entity 

including location of the headquarters; 

a description of the entity’s assets (tugs, 

barges, etc.); years in operation; 

ownership; customer base; and website 

address, if any. 

(3) Unique Entity Identifier of the 

parent company (when applicable): Data 

Universal Numbering System (DUNS + 

4 number). 

(4) The most recent year-end audited, 

reviewed, or compiled financial 

statements, prepared by a certified 

public accountant (CPA), per U.S. 

generally accepted accounting 

principles (not tax-based accounting 

financial statements). If CPA prepared 

financial statements are not available, 

provide the most recent financial 

statement for the entity. Do not provide 

tax returns. 

(5) Statement regarding the 

relationship between applicants and any 

parents, subsidiaries, or affiliates, if any 

such entity is going to provide a portion 

of the matching funds. 

(6) Evidence documenting applicant’s 

ability to make proposed matching 

requirement (loan agreement, 

commitment from investors, cash on 

balance sheet, etc.). 

(7) Pro-forma financial statements 

reflecting financial condition at 

beginning of period; effect on balance 

sheet of grant and matching funds (e.g., 

a decrease in cash or increase in debt, 

additional equity and an increase in 

fixed assets); and impact on company’s 

projected financial condition (balance 

sheet) of completion of project, showing 

that company will have sufficient 

financial resources to remain in 

business. 

(8) Statement regarding whether 

during the past five years, the applicant 

or any predecessor or related company 

has been in bankruptcy or in 

reorganization under Chapter 11 of the 

Bankruptcy Code, or in any insolvency 

or reorganization proceedings, and 

whether any substantial property of the 

applicant or any predecessor or related 

company has been acquired in any such 

proceeding or has been subject to 

foreclosure or receivership during such 

period. If so, give details. 

(9) Additional information may be 

requested as deemed necessary by 

MARAD to facilitate and complete its 

review of the application. If such 

information is not provided, MARAD 

may deem the application incomplete 

and cease processing it. 

(10) Company Officer’s certification of 

each of the following: 

i. That the company operates in the 

geographic location of the designated 

Marine Highway Project; 

ii. That the applicant has the 

authority to carry out the proposed 

project; and 

iii. That the applicant has not, and 

will not, make any prohibited payments 

out of the requested grant, in accordance 

with the Department of Transportation’s 

regulation restricting lobbying, 49 CFR 

part 20. 

3. Unique Entity Identifier and System 

for Award Management (SAM) 

MARAD will not make an award to an 

applicant until the applicant has 

complied with all applicable Unique 

Entity Identifier and SAM requirements. 

Each applicant must be registered in 

SAM before applying, provide a valid 

Unique Entity Identifier number in its 

application, and maintain an active 

SAM registration with current 

information at all times during which it 

has an active Federal award or an 

application or plan under consideration 

by a Federal awarding agency. 

Applicants may register with the SAM 

at www.SAM.gov. If an applicant has not 

fully complied with the requirements by 

the time MARAD is ready to make an 

award, MARAD may determine that the 

applicant is not qualified to receive a 

Federal award under this program. 

4. Submission Dates and Times 

Applications must be submitted to 

Grants.gov by 5:00 p.m. E.D.T. on April 

29, 2022. 

5. Funding Restrictions 

Grant funds may only be used for the 

purposes described in this notice and 

may not be used as an operating 

subsidy. Market-related studies are 

ineligible for Marine Highway Grant 

funds, as are improvements to Federally 

owned facilities. 

MARAD will not consider previously 

incurred costs or previously expended 

or encumbered funds towards the 

matching requirement for any project. 

Unless authorized by MARAD in 

writing after MARAD’s announcement 

of Marine Highway Grant awards, any 

costs incurred before a grant agreement 

is executed will not be reimbursed and 


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will not count towards cost share 

requirements. 

Federal award recipients and subrecipients are prohibited from obligating 

or expending grant funds to procure or 

obtain; extend or renew a contract to 

procure or obtain; or enter into a 

contract (or extend or renew a contract) 

to procure or obtain equipment, 

services, or systems that use covered 

telecommunications equipment or 

services as a substantial or essential 

component of any system, or as critical 

technology as part of any system. See 

Section 889 of Public Law 115–232 

(National Defense Authorization Act for 

Fiscal Year 2019) and 2 CFR 200.216 & 

200.471. 

6. Other Submission Requirements 

Grant applications must be submitted 

electronically using Grants.gov (https:// 

www.grants.gov). To submit an 

application through Grants.gov, 

applicants must: 

i. Obtain a Unique Entity Identifier 

(UEI) number; 

ii. Register with the System for Award 

Management (SAM) at www.SAM.gov; 

iii. Create a Grants.gov username and 

password; and 

iv. Complete Authorized Organization 

Representative (AOR) registration in 

Grants.gov. The E-Business Point of 

Contact (POC) at the applicant’s 

organization must respond to the 

registration email from Grants.gov and 

login at Grants.gov to authorize the 

applicant as the AOR. Please note that 

there can be more than one AOR for an 

organization. 

Please note that the Grants.gov 

registration process usually takes 2–4 

weeks to complete and the Department 

will not consider late applications that 

are the result of a failure to register or 

comply with Grants.gov applicant 

requirements in a timely manner. For 

information and instruction on each of 

these processes, please see instructions 

at https://www.grants.gov/applicants/ 

applicant-faqs.html. If applicants 

experience difficulties at any point 

during the registration or application 

process, please call the Grants.gov 

Customer Service Support Hotline at 1 

(800) 518–4726. 

Late applications that are the result of 

failure to register or comply with 

Grants.gov application requirements in 

a timely manner will not be considered. 

Applicants experiencing technical 

issues with Grants.gov that are beyond 

the applicant’s control must contact 

MH@dot.gov or Fred Jones at (202) 366– 

1123 prior to the deadline with the 

username of the registrant and details of 

the technical issue experienced. The 

applicant must provide: (i) Details of the 

technical issue experienced; (ii) screen 

capture(s) of the technical issue 

experienced along with the 

corresponding ‘‘Grant tracking number’’ 

that is provided via Grants.gov; (iii) the 

‘‘Legal Name’’ for the applicant that was 

provided in the SF–424; (iv) the name 

and contact information for the person 

to be contacted on matters involving 

submission that is included on the SF– 

424; (v) the Unique Entity Identifier 

number associated with the application; 

and (vi) the Grants.gov Help Desk 

Tracking Number. 

E. Application Review Information 

1. Selection Criteria 

This section specifies the criteria that 

MARAD will use to evaluate and award 

applications for Marine Highway 

Grants. These criteria incorporate the 

statutory requirements for this program, 

as well as Departmental and 

programmatic priorities. 

When reviewing grant applications, 

MARAD will consider how the 

proposed service could satisfy, in whole 

or in part, 46 U.S.C. 55601(b)(1) and (3) 

and the following criteria found at 46 

U.S.C. 55601(g)(2)(B): 

i. The project is financially viable; 

ii. The funds received will be spent 

efficiently and effectively; and 

iii. A market exists for the services of 

the proposed project as evidenced by 

contracts or written statements of intent 

from potential customers. 

MARAD will also consider how the 

proposed request for funding outlined 

in the grant application supports the 

elements of 46 CFR 393.3(c)(8) (Public 

benefits) as a key programmatic 

objective. 

In awarding grants under the program, 

MARAD will give preference to those 

projects or components that present the 

most financially viable marine highway 

transportation services and require the 

lowest total percentage Federal share of 

the costs. 

After applying the above criteria, in 

support of Departmental priorities 

related to climate change, including 

advancing the goals outlined in 

Executive Order 14008, Tackling the 

Climate Crisis at Home and Abroad (86 

FR 7619), MARAD will evaluate 

whether the project incorporates climate 

change, environmental justice, and 

decarbonization activities in project 

planning and/or design elements. 

MARAD will give preference to projects 

that demonstrate a movement towards 

lower carbon emissions or near-zero 

emissions, as described in Section 

D.2.vi.(D). 

In support of Executive Order 13985, 

Advancing Racial Equity and Support 

for Underserved Communities Through 

the Federal Government (86 FR 7009), 

MARAD will also consider the extent to 

which applications address equity and 

the removal of barriers to opportunity 

through the activities described in 

Section D.2.ii., such as meaningful, 

equity-focused community outreach and 

public engagement of underserved 

communities, and adoption of an equity 

and inclusion program or plan or 

equity-focused policies related to the 

proposed project. 

In addition, since the AMHP is 

intended to create transportation 

options that enhance supply chain 

reliance, MARAD will consider how a 

project improves the supply chain. 

Reviewers will consider the extent to 

which information in the narrative 

demonstrates how the project positively 

impacts the supply chain, as described 

further in Section D.2.ii. For example, 

reviewers will consider whether a 

project proposes elements that improve 

transportation links to critical 

infrastructure, promotes lower-carbon 

supply chain infrastructure, or invests 

in supply chain reliability 

improvements. Projects that have 

significant regional or national supply 

chain system impacts will be more 

competitive than ones that do not. 

DOT will consider whether a project 

is located within a Historically 

Disadvantaged Community or a 

Federally designated community 

development zone (a qualified 

opportunity zone, Empowerment Zone, 

Promise Zone, or Choice 

Neighborhood). Applicants must specify 

in their narrative which zone (or zones) 

the project is in and provide sufficient 

identifying information (such as the 

Opportunity Zone tract number) so that 

reviewers can verify the claim. A project 

located in a Historically Disadvantaged 

Community or a Federally designated 

community development zone is more 

competitive than a similar project that is 

not. The Department will rely on 

applicant-supplied information to assist 

in making this assessment and will only 

consider this if the applicant expressly 

identifies the designation in their 

application. 

MARAD will also consider a project’s 

likelihood of obligating funds by 

September 30, 2025. 

2. Review and Selection Process 

Upon receipt, MARAD will conduct a 

technical review to evaluate 

applications using the criteria outlined 

above. Upon completion of the technical 

review, MARAD will forward the 

applications to an inter-agency review 

team (Intermodal Review Team). The 

Intermodal Review Team will include 


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members of MARAD, other Department 

of Transportation Operating 

Administrations, and representatives 

from the Office of the Secretary of 

Transportation. The Intermodal Review 

Team will review and provide 

comments to the Program Office for 

each application based on the criteria 

set forth above. The Program Office will 

use those comments to inform the 

recommendations that will be made to 

the Maritime Administrator and the 

Secretary. 

3. Federal Awardee Performance and 

Integrity Information System (FAPIIS) 

Check 

Before making a Federal award with 

a total amount of Federal share greater 

than the simplified acquisition 

threshold of $250,000 (see 2 CFR 200.88 

Simplified Acquisition Threshold), 

MARAD will review and consider any 

information about the applicant that is 

in the designated integrity and 

performance system accessible through 

SAM (currently FAPIIS) (see 41 U.S.C. 

2313). An applicant, at its option, may 

review information in the designated 

integrity and performance systems 

accessible through SAM and comment 

on any information about itself that a 

Federal awarding agency previously 

entered and is currently in the 

designated integrity and performance 

system accessible through SAM. 

MARAD will consider any comments by 

the applicant, in addition to the other 

information in the designated integrity 

and performance system, 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. 

F. Federal Award Administration 

Information 

1. Federal Award Notices 

Following the evaluation outlined in 

Section E, the Secretary will announce 

the selected grant award recipients. The 

award announcement will be posted on 

the MARAD website (https://

www.maritime.dot.gov). 

Recipients of an award will not 

receive lump-sum cash disbursements at 

the time of award announcement or 

obligation of funds. Instead, Marine 

Highway Grant funds will reimburse 

recipients only after grant agreements 

have been executed, allowable expenses 

are incurred, and valid requests for 

reimbursement have been submitted 

and approved by the MARAD grants 

officer. Marine Highway Grant 

recipients must adhere to applicable 

requirements and follow established 

procedures to receive reimbursement. 

Unless authorized in writing by 

MARAD, an expense incurred before a 

grant agreement is executed will not be 

reimbursed or count towards cost share 

requirements. 

2. Administrative and National Policy 

Requirements 

All awards must be administered 

pursuant to the ‘‘Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards’’ found at 2 CFR part 

200, as adopted by the Department at 2 

CFR part 1201. All procurement 

transactions for the acquisition of 

property or services under the Federal 

award must be conducted in a manner 

providing full and open competition 

unless MARAD authorizes a 

noncompetitive procurement in 

accordance with 2 CFR 200.320(c). 

Federal wage rate requirements 

included at 40 U.S.C. 3141–3148 apply 

to all projects receiving funds under this 

program and apply to all parts of the 

project, whether funded with Federal 

funds or non-Federal funds. 

Additionally, other applicable Federal 

laws, Executive Orders, and any rules, 

regulations, and requirements of 

MARAD will apply to projects that 

receive Marine Highway Grants. 

As expressed in Executive Order 

14005, Ensuring the Future is Made in 

All of America by All of America’s 

Workers (86 FR 7475), it is the policy of 

the executive branch to use terms and 

conditions of Federal financial 

assistance awards to maximize, 

consistent with law, the use of goods, 

products, and materials produced in, 

and services offered in, the United 

States. Consistent with the requirements 

of the Build America, Buy America Act 

(Pub. L. 117–58, Division G, Title IX, 

Subtitle A, November 15, 2021), no 

amounts made available through this 

NOFO may be obligated for a project 

unless all iron, steel, manufactured 

products, and construction materials 

used in the project are produced in the 

United States. Depending on other 

funding streams, the project may be 

subject to separate ‘‘Buy America’’ 

requirements. 

All recipients must comply with the 

requirements under Title VI of the Civil 

Rights Act of 1964, Section 504 of the 

Rehabilitation Act, and their 

implementing regulations. Applicants 

should review these civil rights statutes 

carefully to ensure full compliance with 

these obligations. These requirements 

apply to recipients as well as all 

subrecipients. The successful applicant 

will be responsible for implementing an 

effective and compliant Title VI and 

Section 504 program under the 

technical assistance from MARAD’s 

Office of Civil Rights. 

In connection with any program or 

activity conducted with or benefiting 

from funds awarded under this notice, 

recipients of funds must comply with 

all applicable requirements of Federal 

law, including, without limitation, the 

Constitution of the United States; the 

conditions of performance, 

nondiscrimination requirements, and 

other assurances made applicable to the 

award of funds in accordance with 

regulations of the Department of 

Transportation; and applicable Federal 

financial assistance and contracting 

principles promulgated by the Office of 

Management and Budget. In complying 

with these requirements, recipients, in 

particular, must ensure that no 

concession agreements are denied or 

other contracting decisions made on the 

basis of speech or other activities 

protected by the First Amendment. If 

the Department determines that a 

recipient has failed to comply with 

applicable Federal requirements, the 

Department may terminate the award of 

funds and disallow previously incurred 

costs, requiring the recipient to 

reimburse any expended award funds. 

3. Reporting 

a. Progress Reporting on Grant Activities 

Award recipients are required to 

submit quarterly reports, signed by 

officers of the recipients, to the Program 

Office to keep MARAD informed of all 

activities during the reporting period. 

The reports will indicate progress made, 

planned activities for the next reporting 

period, and a listing of any purchases 

made with grant funds during the 

reporting period. In addition, the report 

will include an explanation of any 

deviation from the projected budget and 

timeline. Quarterly reports will also 

contain, at a minimum, the following: (i) 

A statement as to whether the award 

recipient has used the grant funds 

consistent with the terms contemplated 

in the grant agreement; (ii) if applicable, 

a description of the budgeted activities 

not procured by recipient; (iii) if 

applicable, the rationale for recipient’s 

failure to execute the budgeted 

activities; (iv) if applicable, an 

explanation as to how and when 

recipient intends to accomplish the 

purposes of the grant agreement; and (v) 

a budget summary showing funds 

expended since commencement, 

anticipated expenditures for the next 

reporting period, and expenditures 

compared to overall budget. 


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12546 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices 

b. Performance Reporting 

Award recipients will also collect 

information and report on a project’s 

observed performance with respect to 

the relevant long-term outcomes that are 

expected to be achieved through the 

project. Performance indicators will not 

include formal goals or targets, but will 

include observed measures under 

baseline (pre-project) as well as postimplementation outcomes for an agreedupon timeline, and will be used to 

evaluate and compare projects and 

monitor the results that grant funds 

achieve to the intended long-term 

outcomes of the AMHP. Performance 

reporting continues for several years 

after the project is completed, and 

MARAD does not provide Marine 

Highway Grant funding specifically for 

performance reporting. 

c. Reporting of Matters Related to 

Recipient Integrity and Performance 

If the total value of a selected 

applicant’s currently 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 this Federal award, 

then the applicant during that period of 

time must maintain the currency of 

information reported to the SAM that is 

made available in the designated 

integrity and performance system 

(currently FAPIIS) about civil, criminal, 

or administrative proceedings described 

in paragraph 2 of 2 CFR Appendix XII 

to Part 200. This is a statutory 

requirement under Section 872 of Public 

Law 110–417, as amended (41 U.S.C. 

2313). As required by Section 3010 of 

Public Law 111–212, all information 

posted in the designated integrity and 

performance system on or after April 15, 

2011, except past performance reviews 

required for Federal procurement 

contracts, will be publicly available. 

G. Federal Awarding Agency Contacts 

To ensure applicants receive accurate 

information about eligibility, the 

program, or in response to other 

questions, applicants are encouraged to 

contact MARAD directly, rather than 

through intermediaries or third parties. 

Please see contact information in the 

FOR FURTHER INFORMATION CONTACT

section above. 

* * * * * 

By Order of the Acting Maritime 

Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2022–04599 Filed 3–3–22; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2019–0063; Notice 2] 

General Motors, LLC, Denial of Petition 

for Decision of Inconsequential 

Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

SUMMARY: General Motors, LLC, (GM) 

has determined that certain model year 

(MY) 2010–2017 GMC Terrain motor 

vehicles do not fully comply with 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 108, Lamps, Reflective 

Devices, and Associated Equipment. GM 

filed a noncompliance report dated May 

15, 2019. GM subsequently petitioned 

NHTSA on June 7, 2019, for a decision 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This document 

announces the denial of GM’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

telephone (202) 366–5304, 

leroy.angeles@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

GM has determined that certain MY 

2010–2017 GMC Terrain motor vehicles 

do not fully comply with paragraph 

S10.15.6 and Table XIX of FMVSS No. 

108, Lamps, Reflective Devices, and 

Associated Equipment (49 CFR 

571.108). GM filed a noncompliance 

report dated May 15, 2019, pursuant to 

49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. GM subsequently petitioned 

NHTSA on June 7, 2019, for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential as it 

relates to motor vehicle safety, pursuant 

to 49 U.S.C. 30118(d) and 30120(h) and 

49 CFR part 556, Exemption for 

Inconsequential Defect or 

Noncompliance. 

Notice of receipt of GM’s petition was 

published with a 30-day public 

comment period, on February 12, 2020, 

in the Federal Register (85 FR 8095). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) website at 

https://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2019– 

0063.’’ 

II. Equipment and Vehicles Involved 

Approximately 726,959 MY 2010– 

2017 GMC Terrain motor vehicles 

manufactured between May 21, 2009, 

and July 13, 2017, are potentially 

involved. 

III. Noncompliance 

GM explains that the noncompliance 

is that the subject vehicles are equipped 

with lower beam headlamps that do not 

meet the photometry requirements of 

paragraph S10.15.6 and Table XIX of 

FMVSS No. 108. Specifically, a 

reflection from the headlamps’ housing 

is directed 80 degrees outboard and 45 

degrees upward, as measured from each 

lamp’s optical axis, which illuminates 

two small areas high above the vehicle. 

When tested by GM, this reflection from 

a single point on each lamp measured 

approximately 450–470 candela (cd). 

This is more than three times brighter 

than the designated maximum of 125 cd 

at test points 10°U to 90°U, as stated in 

Table XIX–a. 

IV. Rule Requirements 

Paragraph S10.15.6 and Table XIX of 

FMVSS No. 108 include the 

requirements relevant to this petition. 

Each replaceable bulb headlamp must 

be designed to conform to the 

photometry requirements of Table XVIII 

for upper beam and Table XIX for lower 

beam as specified in Table II–d for the 

specific headlamp unit and aiming 

method when tested according to the 

procedure of paragraph S14.2.5 using 

any replaceable light source designated 

for use in the system under test. 

V. Summary of GM’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of GM’s Petition,’’ are the views and 

arguments provided by GM and do not 

reflect the views of the Agency. GM 

described the subject noncompliance 

and contends that the noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

In support of its petition, GM 

submitted the following reasoning: 

1. The noncompliance caused by this 

reflection has no effect on vehicle safety for 

oncoming or surrounding vehicles. The 

narrow reflection in question does not create 

a safety risk for oncoming or surrounding 

drivers, due to the extreme angle of the 

reflection. This angle, 80 degrees outboard 

and 45 degrees upward from each lamp’s 

optical axis, is far above the range where the 

reflection could cause glare for oncoming or 

surrounding drivers, including the industryrecognized ‘‘glare points’’ referenced in Table 

XIX of FMVSS No. 108 at the following 


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