[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31606-31626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11113]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[DOT-OST-2022-0056]


U.S. DOT FY22 Safe Streets and Roads for All Funding

AGENCY: Office of the Secretary of Transportation, U.S. Department of 
Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO).

-----------------------------------------------------------------------

SUMMARY: The purpose of this notice is to solicit applications for the 
Fiscal Year

[[Page 31607]]

2022 (FY22) NOFO for the Safe Streets and Roads for All (SS4A) 
discretionary grant program. SS4A funds will be awarded on a 
competitive basis to support infrastructure, behavioral, and 
operational initiatives that prevent death and serious injury on roads 
and streets involving all roadway users, including: Pedestrians; 
bicyclists; public transportation, personal conveyance, and 
micromobility users; motorists; and commercial vehicle operators.

DATES: Applications must be submitted by 5:00 p.m. EDT on Thursday, 
September 15, 2022. Late applications will not be accepted.

ADDRESSES: Applications must be submitted through www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov on or before 
the application deadline will be eligible for award.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, please contact the Office of the Secretary via email at 
<a href="/cdn-cgi/l/email-protection#b7e4e483f6f7d3d8c399d0d8c1"><span class="__cf_email__" data-cfemail="2b78781f6a6b4f445f054c445d">[email protected]</span></a>, or call Paul Teicher at (202) 366-4114. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, DOT will periodically post answers to common 
questions and requests for clarifications on the Department's website 
at https://www.transportation.gov/SS4A.

SUPPLEMENTARY INFORMATION: Each section of this notice contains 
information and instructions relevant to the application process for 
SS4A grants, and all applicants should read this notice in its entirety 
so that they have the information they need to submit eligible and 
competitive applications.
---------------------------------------------------------------------------

    \1\ The definition is based on the ``Moving to a Complete 
Streets Design Model: A Report to Congress on Opportunities and 
Challenges,'' https://highways.dot.gov/newsroom/federal-highway-administration-details-efforts-advance-complete-streets-design-model.
    \2\ Source: FHWA, Public Roads Magazine Spring 2021 
``Micromobility: A Travel Innovation.'' Publication Number: FHWA-
HRT-21-003.
    \3\ https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813251, see page 127 for the full definition as defined in the 2020 
FARS/CRSS Coding and Validation Manual.
    \4\ See: https://www.transportation.gov/NRSS/SafeSystem.
    \5\ Safety culture can be defined as the shared values, actions, 
and behaviors that demonstrate a commitment to safety over competing 
goals and demands.
---------------------------------------------------------------------------

Table of Contents

A. Program Description
    1. Overview
    2. Grant Types and Deliverables
    3. SS4A Grant Priorities
B. Federal Award Information
    1. Total Funding Available
    2. Availability of Funds
    3. Award Size and Anticipated Quantity
    4. Start Dates and Period of Performance
    5. Data Collection Requirements
C. Eligibility Information
    1. Eligible Applicants
    2. Cost Sharing or Matching
    3. Grant Eligibility Requirements
    4. Eligible Activities and Costs
D. Application and Submission Information
    1. Address To Request Application Package
    2. Content and Form of Application Submission
    3. Unique Entity Identifier and System for Award Management
    4. Submission Date and Time
    5. Funding Restrictions
    6. Other Submission Requirements
E. Application Review Information
    1. Selection Criteria
    2. Review and Selection Process
    3. Additional Information
F. Federal Award Administration Information
    1. Federal Award Notices
    2. Administrative and National Policy Requirements
    3. Reporting
G. Federal Awarding Agency Contacts
H. Other Information
    1. Publication of Application Information
    2. Department Feedback on Applications
    3. Rural Applicants

Definitions

------------------------------------------------------------------------
               Term                              Definition
------------------------------------------------------------------------
Applicant's Jurisdiction(s).......  The U.S. Census tracts where the
                                     applicant operates or performs
                                     their safety responsibilities. If
                                     an applicant is seeking funding for
                                     multiple jurisdictions, all of the
                                     relevant Census tracts for the
                                     jurisdictions covered by the
                                     application should be included.
Complete Streets..................  Standards or policies that ensure
                                     the safe and adequate accommodation
                                     of all users of the transportation
                                     system, including pedestrians,
                                     bicyclists, personal conveyance and
                                     micromobility users, public
                                     transportation users, children,
                                     older individuals, individuals with
                                     disabilities, motorists, and
                                     freight vehicles.\1\
Comprehensive Safety Action Plan..  A comprehensive safety action plan
                                     (referred to as Action Plan) is
                                     aimed at preventing roadway
                                     fatalities and serious injuries in
                                     a locality, Tribe, or region. This
                                     can either be a plan developed with
                                     an Action Plan Grant, or a
                                     previously developed plan that is
                                     substantially similar and meets the
                                     eligibility requirements (e.g., a
                                     Vision Zero plan or similar plan).
Equity............................  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, Indigenous and
                                     Native Americans, 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.
High Injury Network...............  Identifies the highest
                                     concentrations of traffic crashes
                                     resulting in serious injuries and
                                     fatalities within a given roadway
                                     network or jurisdiction.
Micromobility.....................  Any small, low-speed, human- or
                                     electric-powered transportation
                                     device, including bicycles,
                                     scooters, electric-assist bicycles,
                                     electric scooters (e-scooters), and
                                     other small, lightweight, wheeled
                                     conveyances.\2\
Personal Conveyance...............  A personal conveyance is a device,
                                     other than a transport device, used
                                     by a pedestrian for personal
                                     mobility assistance or recreation.
                                     These devices can be motorized or
                                     human powered, but not propelled by
                                     pedaling.\3\
Political Subdivision of a State..  A unit of government created under
                                     the authority of State law. This
                                     includes cities, towns, counties,
                                     special districts, certain transit
                                     agencies, and similar units of
                                     local government. A transit
                                     district, authority, or public
                                     benefit corporation is eligible if
                                     it was created under State law,
                                     including transit authorities
                                     operated by political subdivisions
                                     of a State.
Rural.............................  For the purposes of this NOFO,
                                     jurisdictions outside an Urbanized
                                     Area (UA) or located within
                                     Urbanized Areas with populations
                                     fewer than 200,000 will be
                                     considered rural. Lists of UAs are
                                     available on the U.S. Census Bureau
                                     website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
Safe System Approach..............  A guiding principle to address the
                                     safety of all road users. It
                                     involves a paradigm shift to
                                     improve safety culture, increase
                                     collaboration across all safety
                                     stakeholders, and refocus
                                     transportation system design and
                                     operation on anticipating human
                                     mistakes and lessening impact
                                     forces to reduce crash severity and
                                     save lives.\4\ \5\

[[Page 31608]]

 
Underserved Community.............  An underserved community as defined
                                     for this NOFO is consistent with
                                     the Office of Management and
                                     Budget's Interim Guidance for the
                                     Justice40 Initiative and the
                                     Historically Disadvantaged
                                     Community designation, which
                                     includes:
                                       <bullet> U.S. Census tracts
                                        identified in this table: https://datahub.transportation.gov/stories/s/tsyd-k6ij;
                                       <bullet> Any Tribal land; or
                                       <bullet> Any territory or
                                        possession of the United States.
------------------------------------------------------------------------

A. Program Description

1. Overview

    Section 24112 of the Infrastructure Investment and Jobs Act (Pub. 
L. 117-58, November 15, 2021; also referred to as the ``Bipartisan 
Infrastructure Law'' or ``BIL'') authorized and appropriated $1 billion 
to be awarded by the Department of Transportation for FY 2022 for the 
SS4A grant program. This NOFO solicits applications for activities to 
be funded under the SS4A grant program. The FY22 funding 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 64355).\6\
---------------------------------------------------------------------------

    \6\ The priorities of Executive Order 14052, Implementation of 
the Infrastructure Investments and Jobs Act are: To invest 
efficiently and equitably, promote the competitiveness of the U.S. 
economy, improve job opportunities by focusing on high labor 
standards and equal employment opportunity, strengthen 
infrastructure resilience to hazards including climate change, and 
to effectively coordinate with State, local, Tribal, and territorial 
government partners.
---------------------------------------------------------------------------

    The purpose of SS4A grants is to improve roadway safety by 
significantly reducing or eliminating roadway fatalities and serious 
injuries through safety action plan development and implementation 
focused on all users, including pedestrians, bicyclists, public 
transportation users, motorists, personal conveyance and micromobility 
users, and commercial vehicle operators. The program provides funding 
to develop the tools to help strengthen a community's approach to 
roadway safety and save lives and is designed to meet the needs of 
diverse local, Tribal, and regional communities that differ 
dramatically in size, location, and experience administering Federal 
funding.

2. Grant Types and Deliverables

    The SS4A program provides funding for two types of grants: Action 
Plan Grants (for comprehensive safety action plans) and Implementation 
Grants. Action Plan Grants are used to develop, complete, or supplement 
a comprehensive safety action plan. To apply for an Implementation 
Grant, an eligible applicant must have a qualifying Action Plan. 
Implementation Grants are available to implement strategies or projects 
that are consistent with an existing Action Plan. Applicants for 
Implementation Grants can self-certify that they have in place one or 
more plans that together are substantially similar to and meet the 
eligibility requirements for an Action Plan.
i. Action Plan Grants
    An Action Plan is the foundation of the SS4A grant program. Action 
Plan Grants provide Federal funds to eligible applicants to develop or 
complete an Action Plan. Action Plan Grants may also fund supplemental 
Action Plan activities. The goal of an Action Plan is to develop a 
holistic, well-defined strategy to prevent roadway fatalities and 
serious injuries in a locality, Tribe, or region. Further information 
on eligibility requirements is in Section C.
    The primary deliverable for an Action Plan Grant is a publicly 
available Action Plan. For the purposes of the SS4A grant program, an 
Action Plan includes the components in Table 1. DOT considers the 
process of developing an Action Plan to be critical for success, and 
the components reflect a process-oriented set of activities.

                     Table 1--Action Plan Components
------------------------------------------------------------------------
             Component                           Description
------------------------------------------------------------------------
Leadership Commitment and Goal      An official public commitment (e.g.,
 Setting.                            resolution, policy, ordinance,
                                     etc.) by a high-ranking official
                                     and/or governing body (e.g., Mayor,
                                     City Council, Tribal Council, MPO
                                     Policy Board, etc.) to an eventual
                                     goal of zero roadway fatalities and
                                     serious injuries. The commitment
                                     must include a goal and timeline
                                     for eliminating roadway fatalities
                                     and serious injuries achieved
                                     through one, or both, of the
                                     following:
                                       (1) the target date for achieving
                                        zero roadway fatalities and
                                        serious injuries, OR
                                       (2) an ambitious percentage
                                        reduction of roadway fatalities
                                        and serious injuries by a
                                        specific date with an eventual
                                        goal of eliminating roadway
                                        fatalities and serious injuries.
Planning Structure................  A committee, task force,
                                     implementation group, or similar
                                     body charged with oversight of the
                                     Action Plan development,
                                     implementation, and monitoring.
Safety Analysis...................  Analysis of existing conditions and
                                     historical trends that provides a
                                     baseline level of crashes involving
                                     fatalities and serious injuries
                                     across a jurisdiction, locality,
                                     Tribe, or region. Includes an
                                     analysis of locations where there
                                     are crashes and the severity of the
                                     crashes, as well as contributing
                                     factors and crash types by relevant
                                     road users (motorists, people
                                     walking, transit users, etc.).
                                     Analysis of systemic and specific
                                     safety needs is also performed, as
                                     needed (e.g., high-risk road
                                     features, specific safety needs of
                                     relevant road users, public health
                                     approaches, analysis of the built
                                     environment, demographic, and
                                     structural issues, etc.). To the
                                     extent practical, the analysis
                                     should include all roadways within
                                     the jurisdiction, without regard
                                     for ownership. Based on the
                                     analysis performed, a geospatial
                                     identification of higher-risk
                                     locations is developed (a High-
                                     Injury Network or equivalent).
Engagement and Collaboration......  Robust engagement with the public
                                     and relevant stakeholders,
                                     including the private sector and
                                     community groups, that allows for
                                     both community representation and
                                     feedback. Information received from
                                     engagement and collaboration is
                                     analyzed and incorporated into the
                                     Action Plan. Overlapping
                                     jurisdictions are included in the
                                     process. Plans and processes are
                                     coordinated and aligned with other
                                     governmental plans and planning
                                     processes to the extent practical.

[[Page 31609]]

 
Equity Considerations.............  Plan development using inclusive and
                                     representative processes.
                                     Underserved communities are
                                     identified through data and other
                                     analyses in collaboration with
                                     appropriate partners.\7\ Analysis
                                     includes both population
                                     characteristics and initial equity
                                     impact assessments of the proposed
                                     projects and strategies.
Policy and Process Changes........  Assessment of current policies,
                                     plans, guidelines, and/or standards
                                     (e.g., manuals) to identify
                                     opportunities to improve how
                                     processes prioritize transportation
                                     safety. The Action Plan discusses
                                     implementation through the adoption
                                     of revised or new policies,
                                     guidelines, and/or standards, as
                                     appropriate.
Strategy and Project Selections...  Identification of a comprehensive
                                     set of projects and strategies,
                                     shaped by data, the best available
                                     evidence and noteworthy practices,
                                     as well as stakeholder input and
                                     equity considerations, that will
                                     address the safety problems
                                     described in the Action Plan. These
                                     strategies and countermeasures
                                     focus on a Safe System Approach,
                                     effective interventions, and
                                     consider multidisciplinary
                                     activities. To the extent
                                     practical, data limitations are
                                     identified and mitigated.
                                    Once identified, the list of
                                     projects and strategies is
                                     prioritized in a list that provides
                                     time ranges for when the strategies
                                     and countermeasures will be
                                     deployed (e.g., short-, mid-, and
                                     long-term timeframes). The list
                                     should include specific projects
                                     and strategies, or descriptions of
                                     programs of projects and
                                     strategies, and explains
                                     prioritization criteria used. The
                                     list should contain interventions
                                     focused on infrastructure,
                                     behavioral, and/or operational
                                     safety.
Progress and Transparency.........  Method to measure progress over time
                                     after an Action Plan is developed
                                     or updated, including outcome data.
                                     Means to ensure ongoing
                                     transparency is established with
                                     residents and other relevant
                                     stakeholders. Must include, at a
                                     minimum, annual public and
                                     accessible reporting on progress
                                     toward reducing roadway fatalities
                                     and serious injuries, and public
                                     posting of the Action Plan online.
------------------------------------------------------------------------

(a) Supplemental Action Plan Activities
---------------------------------------------------------------------------

    \7\ An underserved community as defined for this NOFO is 
consistent with the Office of Management and Budget's Interim 
Guidance for the Justice40 Initiative (https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf) and the Historically 
Disadvantaged Community designation, which includes U.S. Census 
tracts identified in this table https://datahub.transportation.gov/stories/s/tsyd-k6ij; any Tribal land; or any territory or possession 
of the United States.
---------------------------------------------------------------------------

    Supplemental action plan activities support or enhance an existing 
Action Plan. To fund supplemental Action Plan activities through the 
SS4A program, an applicant must have an existing Action Plan, or a plan 
that is substantially similar and meets the eligibility requirements 
for having an existing plan. The plan components may be contained 
within several documents. Table 2 in Section C is a Self-Certification 
Eligibility Worksheet with instructions to determine whether an 
existing plan meets the eligibility requirements. Supplemental action 
plan activities could include, but are not limited to: A second round 
of analysis; expanded data collection and evaluation using integrated 
data; testing action plan concepts before project and strategy 
implementation; feasibility studies using quick-build strategies that 
inform permanent projects in the future (e.g., paint, plastic bollards, 
etc.); follow-up stakeholder engagement and collaboration; targeted 
equity assessments; progress report development; and complementary 
planning efforts such as speed management plans, accessibility and 
transition plans, racial and health equity plans, and lighting 
management plans. Additional information on supplemental action plan 
activities is located at https://www.transportation.gov/SS4A.
    Applicants that have an existing plan that is substantially similar 
to and meets the eligibility requirements of an Action Plan may 
alternatively choose to fund supplemental Action Plan activities 
through an application for an Implementation Grant rather than an 
Action Plan Grant. See Section A.2.ii below.
ii. Implementation Grants
    Implementation Grants fund projects and strategies identified in an 
Action Plan that address roadway safety problems. Implementation Grants 
may also fund associated planning and design and supplemental Action 
Plan activities in support of an existing Action Plan. DOT encourages 
Implementation Grant applicants to include supplemental Action Plan 
activities in their application to further improve and update existing 
plans. Applicants must have an existing Action Plan to apply for 
Implementation Grants or have an existing plan that is substantially 
similar and meets the eligibility requirements of an Action Plan. If 
applicants do not have an existing Action Plan, they should apply for 
Action Plan Grants and NOT Implementation Grants. The plan components 
may be contained within several documents. Table 2 in Section C is a 
Self-Certification Eligibility Worksheet with instructions to determine 
eligibility to apply for an Implementation Grant. Additional 
information on eligibility requirements and eligible activities is in 
Section C below.

3. SS4A Grant Priorities

    This section discusses priorities specific to SS4A and those 
related to the Department's overall mission, which are reflected in the 
selection criteria and NOFO requirements. Successful grant applications 
will demonstrate engagement with a variety of public and private 
stakeholders and seek to adopt innovative technologies and strategies 
to:
    <bullet> Promote safety;
    <bullet> Employ low-cost, high-impact strategies that can improve 
safety over a wider geographic area;
    <bullet> Ensure equitable investment in the safety needs of 
underserved communities, which includes both underserved urban and 
rural communities;
    <bullet> Incorporate evidence-based projects and strategies; and
    <bullet> Align with the Department's mission and with priorities 
such as equity, climate and sustainability, quality job creation, and 
economic strength and global competitiveness.
    The Department seeks to award Action Plan Grants based on safety 
impact, equity, and other safety considerations. For Implementation 
Grants, DOT seeks to make awards to projects and strategies that save 
lives and reduce roadway fatalities and serious injuries; incorporate 
equity, engagement, and collaboration into how projects and strategies 
are executed; use effective practices and strategies; consider climate 
change, sustainability, and economic competitiveness in project and 
strategy implementation; and will be able to complete the full scope of 
funded projects and strategies within five years after the 
establishment

[[Page 31610]]

of a grant agreement. Section D provides more information on the 
specific measures an application should demonstrate to support these 
goals.
    The SS4A grant program aligns with both Departmental and Biden-
Harris Administration activities and priorities. The National Roadway 
Safety Strategy (NRSS, issued January 27, 2022) commits the Department 
to respond to the current crisis in roadway fatalities by ``taking 
substantial, comprehensive action to significantly reduce serious and 
fatal injuries on the Nation's roadways,'' in pursuit of the goal of 
achieving zero roadway deaths.\8\ DOT recognizes that zero is the only 
acceptable number of deaths on our roads, and achieving that is our 
long-term safety goal. The outcomes that are anticipated from the SS4A 
program also support the FY 2022-2026 DOT Strategic Plan and the 
accompanying safety performance goals such as a medium-term goal of a 
two-thirds reduction in roadway fatalities by 2040.\9\
---------------------------------------------------------------------------

    \8\ https://www.transportation.gov/NRSS.
    \9\ https://www.transportation.gov/dot-strategic-plan.
---------------------------------------------------------------------------

    As part of the NRSS, the Department adopted the Safe System 
Approach as a guiding principle to advance roadway safety. The Safe 
System Approach addresses the safety of all road users. It involves a 
paradigm shift to improve safety culture, increase collaboration across 
all safety stakeholders, and refocus transportation system design and 
operation on anticipating human mistakes and lessening impact forces to 
reduce crash severity and save lives. For more information on the Safe 
System Approach, see the NRSS.
    DOT encourages communities to adopt and implement Complete Streets 
policies that prioritize the safety of all users in transportation 
network planning, design, construction, and operations.\10\ A full 
transition to a Complete Streets design model requires leadership, 
identification and elimination of barriers, and development of new 
policies, rules, and procedures to prioritize safety. A Complete Street 
includes, but is not limited to: Sidewalks, curb ramps, bike lanes (or 
wide paved shoulders), special bus lanes, accessible public 
transportation stops, safe and accommodating crossing options, median 
islands, pedestrian signals, curb extensions, narrower travel lanes, 
and roundabouts.\11\ Recipients of Federal financial assistance are 
required to ensure the accessibility of pedestrian facilities in the 
public right-of-way. See Section F.2 of this NOFO for program 
requirements.
---------------------------------------------------------------------------

    \10\ Complete Streets are defined in the Definitions table at 
the beginning of the document.
    \11\ More information on Complete Streets can be found at 
https://highways.dot.gov/complete-streets.
---------------------------------------------------------------------------

    The NOFO aligns with and considers Departmental policy priorities 
that have a nexus to roadway safety and grant funding. As part of the 
Department's implementation of Executive Order 14008, Tackling the 
Climate Crisis at Home and Abroad (86 FR 7619), the Department seeks to 
fund applications that, to the extent possible, target at least 40 
percent of benefits towards low-income and underserved communities. DOT 
also seeks to award funds under the SS4A grant program that proactively 
address equity and barriers to opportunity, or redress prior inequities 
and barriers to opportunity. DOT supports the policies in Executive 
Order 13985, Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government (86 FR 7009), to pursue a 
comprehensive approach to advancing equity for all, including people of 
color, rural communities, and others who have been historically 
underserved, marginalized, and adversely affected by persistent poverty 
and inequality. An important area for DOT's focus is the 
disproportionate, adverse safety impacts that affect certain groups on 
our roadways, particularly people walking and biking in underserved 
communities. See Section F.2.i of this NOFO for equity-related program 
requirements.
    As part of the United States' commitment to a whole-of-government 
approach to reaching net-zero emissions economy-wide by 2050 and a 50-
52 percent reduction in emissions from 2005 levels by 2030, BIL and its 
associated transportation funding programs permit historic investments 
to improve the resilience of transportation infrastructure, helping 
States and communities prepare for hazards such as wildfires, floods, 
storms, and droughts exacerbated by climate change. DOT's goal is to 
encourage the advancement of projects and strategies that address 
climate change and sustainability. To enable this, the Department 
encourages applicants to consider climate change and sustainability 
throughout the planning and project development process, including the 
extent to which projects and strategies under the SS4A grant program 
align with the President's greenhouse gas reduction, climate 
resilience, and environmental justice commitments.
    The Department intends to use the SS4A grant program 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 workforce 
programs, in particular registered apprenticeships, joint labor-
management programs, or other high-quality workforce training programs, 
including high-quality pre-apprenticeships tied to registered 
apprenticeships, in project planning stages and program delivery. Grant 
applications that incorporate such considerations support a strong 
economy and labor market.
    Consistent with the Department's Rural Opportunities to Use 
Transportation for Economic Success (ROUTES) initiative, the Department 
seeks to award funding to rural applications that address 
disproportionately high fatality rates in rural communities. For 
applicants seeking to use innovative technologies and strategies, the 
Department's Innovation Principles serve as a guide to ensure 
innovations reduce deaths and serious injuries while committing to the 
highest standards of safety across technologies.\12\
---------------------------------------------------------------------------

    \12\ https://www.transportation.gov/priorities/innovation/us-dot-innovation-principles. Released January 6, 2022.
---------------------------------------------------------------------------

B. Federal Award Information

1. Total Funding Available

    The BIL established the SS4A program with $5,000,000,000 in 
advanced appropriations in Division J, including $1,000,000,000 for FY 
2022. Therefore, this Notice makes available up to $1 billion for FY 
2022 grants under the SS4A program. Refer to Section D for greater 
detail on additional funding considerations and Section D.5 for funding 
restrictions.

2. Availability of Funds

    Grant funding obligation occurs when a selected applicant and DOT 
enter into a written grant agreement after the applicant has satisfied 
applicable administrative requirements. Unless authorized by DOT in 
writing after DOT's announcement of FY 2022 SS4A grant awards, any 
costs incurred prior to DOT's obligation of funds for activities 
(``pre-award costs'') are ineligible for reimbursement. All FY 2022 
SS4A funds must be expended within five years after the grant agreement 
is executed and DOT obligates the funds.

3. Award Size and Anticipated Quantity

    In FY 2022, DOT expects to award hundreds of Action Plan Grants, 
and up to one hundred Implementation Grants. The Department reserves 
the right to make more, or fewer, awards. DOT reserves the discretion 
to alter minimum and maximum award sizes upon

[[Page 31611]]

receiving the full pool of applications and assessing the needs of the 
program in relation to the SS4A grant priorities in Section A.3.
i. Action Plan Grants
    For Action Plan Grants, award amounts will be based on estimated 
costs, with an expected minimum of $200,000 for all applicants, an 
expected maximum of $1,000,000 for a political subdivision of a State 
or a federally recognized Tribal government, and an expected maximum of 
$5,000,000 for a metropolitan planning organization (MPO) or a joint 
application comprised of a multijurisdictional group of entities that 
is regional in scope (e.g., a multijurisdictional group of counties, a 
council of governments and cities within the same region, etc.). The 
Department will consider applications with funding requests under the 
expected minimum award amount. DOT reserves the right to make Action 
Grant awards less than the total amount requested by the applicant.
    Joint applications that engage multiple jurisdictions in the same 
region are encouraged, in order to ensure collaboration across multiple 
jurisdictions and leverage the expertise of agencies with established 
financial relationships with DOT and knowledge of Federal grant 
administration requirements. Applicants may propose development of a 
single Action Plan covering all jurisdictions, or several plans for 
individual jurisdictions, administered by the leading agency.
ii. Implementation Plan Grants
    For Implementation Grants, DOT expects the minimum award will be 
$5,000,000 and the maximum award will be $30,000,000 for political 
subdivisions of a State. For applicants who are federally recognized 
Tribal governments or applicants in rural areas, DOT expects the 
minimum award will be $3,000,000 and the maximum award will be 
$30,000,000. For an MPO or a joint application comprised of a 
multijurisdictional group of entities that is regional in scope, the 
expected maximum award will be $50,000,000. For the purposes of the 
SS4A grant program award size minimum, rural is defined as an area 
outside an Urbanized Area (UA) or located within a UA with a population 
of fewer than 200,000.\13\ DOT reserves the right to make 
Implementation Grant awards less than the total amount requested by the 
applicant.
---------------------------------------------------------------------------

    \13\ Current lists of Urbanized Areas are available on the U.S. 
Census Bureau website at http://www2.census.gov/geo/maps/dc10map/
uauc_refmap/ua/. For the purposes of the SS4A program, Urbanized 
Areas with populations fewer than 200,000 will be considered rural.
---------------------------------------------------------------------------

4. Start Dates and Period of Performance

    DOT expects to obligate SS4A award funding via a signed grant 
agreement between the Department and the recipient, as flexibly and 
expeditiously as possible, within 12 months after awards have been 
announced. Applicants who have never received Federal funding from DOT 
before are encouraged to partner with eligible applicants within the 
same region, such as an MPO, that have established financial 
relationships with DOT and knowledge of Federal grant administration 
requirements. While States are not eligible applicants and cannot be a 
co-applicant, eligible applicants are encouraged to separately partner 
with States and other entities experienced with administering Federal 
grants, outside of the SS4A grant award process, to ensure effective 
administration of a grant award. The expected period of performance for 
Action Plan Grant agreements is between 12 and 24 months. The period of 
performance for Implementation Grant agreements may not exceed five 
years.
    Because award recipients under this program may be first-time 
recipients of Federal funding, DOT is committed to implementing the 
program as flexibly as permitted by statute and to providing assistance 
to help award recipients through the process of securing a grant 
agreement and delivering both Action Plan activities and Implementation 
Grant projects and strategies.

5. Data Collection Requirements

    Under the BIL, the Department shall post on a publicly available 
website best practices and lessons learned for preventing roadway 
fatalities and serious injuries pursuant to strategies or interventions 
implemented under SS4A. Additionally, DOT shall evaluate and 
incorporate, as appropriate, the effectiveness of strategies and 
interventions implemented under the SS4A grant program.\14\ The 
Department intends to measure safety outcomes through a combination of 
grant agreement activities and data collections, DOT data collections 
already underway, and program evaluations separate from the individual 
grant agreements in accordance with Section F.3.iii. The grant data-
collection requirements reflect the need to build evidence of 
noteworthy strategies and what works. The Department expects to use the 
data and outcome information collected as part of the SS4A in 
evaluations focused on before and after studies.
---------------------------------------------------------------------------

    \14\ BIL specifically cites Countermeasures That Work: A Highway 
Safety Countermeasure Guide for State Highway Safety Offices, Ninth 
Edition or any successor document, but DOT also is to consider 
applied research focused on infrastructure and operational projects 
and strategies.
---------------------------------------------------------------------------

    All award recipients shall submit a report that describes:
    <bullet> The costs of each eligible project and strategy carried 
out using the grant;
    <bullet> The roadway safety outcomes and any additional benefits 
(e.g., increased walking, biking, or transit use without a commensurate 
increase in crashes, etc.) that each such project and strategy has 
generated, as--
    [cir] Identified in the grant application; and
    [cir] Measured by data, to the maximum extent practicable; and
    <bullet> The lessons learned and any recommendations relating to 
future projects or strategies to prevent death and serious injury on 
roads and streets.
    All recipients must provide aggregated annual crash data on serious 
injuries and fatalities for the duration of the period of performance 
for the jurisdiction or jurisdictions for which funds were awarded. 
These data will provide the information for metrics on changes in 
serious injuries and fatalities over time. Implementation Grant 
recipients must also provide crash data on serious injury and 
fatalities in the locations where projects and strategies are 
implemented, which are expected to include crash characteristics and 
contributing factor information associated with the safety problems 
being addressed. Data that measure outcomes for the specific safety 
problems addressed are required and could include, but are not limited 
to, aggregated information by road user, safety issue, and demographic 
characteristics such as race and gender. For Implementation Grants that 
undertake projects and strategies to foster applied research and 
experimentation to inform project and strategy effectiveness, 
additional data collection requirements will be negotiated with the 
applicant before a grant agreement is established. Federally recognized 
Tribal governments receiving grants may request alternative data 
collection requirements during grant agreement formulation, as 
appropriate. This information will be gathered on a quarterly basis in 
a Performance Progress Report (SF-PPR).\15\
---------------------------------------------------------------------------

    \15\ https://www.sbir.gov/sites/default/files/SF%20PPR.pdf.

---------------------------------------------------------------------------

[[Page 31612]]

    To fulfill the data collection requirements and in accordance with 
the U.S. DOT Public Access Plan, award recipients must consider, budget 
for, and implement appropriate data management, for data and 
information outputs acquired or generated during the course of the 
grant.<SUP>16 17</SUP> Applicants are expected to account for data and 
performance reporting in their budget submission.
---------------------------------------------------------------------------

    \16\ https://doi.org/10.21949/1520559.
    \17\ United States. Department of Transportation. (2022) DOT 
Public Access [Home page]. https://doi.org/10.21949/1503647.
---------------------------------------------------------------------------

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants for SS4A grants are (1) a metropolitan planning 
organization (MPO); (2) a political subdivision of a State or 
territory; (3) a federally recognized Tribal government; and (4) a 
multijurisdictional group of entities described in any of the 
aforementioned three types of entities. A multijurisdictional group of 
entities described in (4) should identify a lead applicant as the 
primary point of contact. For the purposes of this NOFO, a political 
subdivision of a State under (2), above, is defined as a unit of 
government under the authority of State law. This includes cities, 
towns, counties, special districts, and similar units of local 
government. A transit district, authority, or public benefit 
corporation is eligible if it was created under State law, including 
transit authorities operated by political subdivisions of a State. 
States are not eligible applicants, but DOT encourages applicants to 
coordinate with State entities, as appropriate.
    Eligible MPOs, transit agencies, and multijurisdictional groups of 
entities with a regional scope are encouraged to support subdivisions 
of a State such as cities, towns, and counties with smaller populations 
within their region. The Department strongly encourages such joint 
applications for Action Plan Grants, and for applicants who have never 
received Federal funding and can jointly apply with entities 
experienced executing DOT grants.
    An eligible applicant for Implementation Grants must also meet at 
least one of these conditions: (1) Have ownership and/or maintenance 
responsibilities over a roadway network; (2) have safety 
responsibilities that affect roadways; or (3) have agreement from the 
agency that has ownership and/or maintenance responsibilities for the 
roadway within the applicant's jurisdiction. For the purposes of this 
NOFO, an applicant's jurisdiction is defined as the U.S. Census tracts 
where the applicant operates or performs their safety responsibilities.

2. Cost Sharing or Matching

    The Federal share of a SS4A grant may not exceed 80 percent of 
total eligible activity costs. Recipients are required to contribute a 
local matching share of no less than 20 percent of eligible activity 
costs. All matching funds must be from non-Federal sources. In 
accordance with 2 CFR 200.306, grant recipients may use in-kind or cash 
contributions toward local match requirements so long as those 
contributions meet the requirements under 2 CFR 200.306(b). Matching 
funds may include funding from the applicant, or other SS4A-eligible 
non-Federal sources partnering with the applicant, which could include, 
but is not limited to, funds from the State. Any in-kind contributions 
used to fulfill the cost-share requirement for Action Plan and 
Implementation Grants must: Be in accordance with the cost principles 
in 2 CFR 200 subpart E; include documented evidence of completion 
within the period of performance; and support the execution of the 
eligible activities in Section C.4.
    SS4A funds will reimburse recipients only after a grant agreement 
has been executed, allowable expenses are incurred, and valid requests 
for reimbursement are submitted. Grant agreements are expected to be 
administered on a reimbursement basis, and at the Department's 
discretion alternative funding arrangements may be established on a 
case-by-case basis.

3. Grant Eligibility Requirements

    If an applicant is eligible for both an Action Plan Grant and an 
Implementation Grant, the applicant may only apply for an Action Plan 
Grant or an Implementation Grant, not both. An eligible applicant may 
only submit one application to the funding opportunity. Action Plan 
Grant funding recipients are not precluded from applying for 
Implementation Grants in future funding rounds.
i. Action Plan Grant Eligibility Requirements
    The Action Plan Grant eligibility requirements are contingent on 
whether an applicant is requesting funds to develop or complete an 
Action Plan, or if the applicant is requesting funds for supplemental 
action plan activities. Applicants may not apply to develop or complete 
an Action Plan and fund supplemental action plan activities in the 
current round of funding.
(a) Eligibility Requirements To Develop or Complete an Action Plan
    Any applicant that meets the eligibility requirements may apply for 
an Action Plan Grant to develop or complete an Action Plan. Applicants 
with an existing Action Plan may also apply to develop a new Action 
Plan.
(b) Eligibility Requirements for Supplemental Action Plan Activities
    Applicants for Action Plan Grants to fund supplemental action plan 
activities must either have an established Action Plan with all 
components described in Table 1 in Section A, or an existing plan that 
is substantially similar and meets the eligibility requirements. Table 
2 below provides instructions to determine eligibility for applicants 
that have a substantially similar plan. The components required for an 
established plan to be substantially similar to an Action Plan may be 
found in multiple plans. State-level action plans (e.g., a Strategic 
Highway Safety Plan required in 23 U.S. Code (U.S.C.) Sec.  148, State 
Highway Safety Plans required in 23 U.S.C. 402, etc.) or Public 
Transportation Agency Safety Plans in 49 U.S.C. 5329 cannot be used as 
an established plan. It is recommended that applicants include this 
eligibility worksheet as part of their narrative submission. If this 
Self-Certification Eligibility Worksheet is not used, applicants must 
describe how their established plan is substantially similar to an 
Action Plan as part of the Narrative, based on the criteria in Table 2 
below.

[[Page 31613]]



            Table 2--Self-Certification Eligibility Worksheet
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Worksheet instructions: The purpose of the worksheet is to determine
 whether an applicant's existing plan is substantially similar to an
 Action Plan, or not. For each question below, answer yes or no. For
 each yes, cite the specific page in your existing Action Plan or other
 plan/plans that corroborate your response, provide supporting
 documentation, or provide other evidence. Refer to Table 1 for further
 details on each component. Note: The term Action Plan is used in this
 worksheet; it covers either a stand-alone Action Plan or components of
 other plans that combined comprise an Action Plan......................
Instructions to affirm eligibility: Based on the questions in this
 eligibility worksheet, an applicant is eligible to apply for an Action
 Plan Grant that funds supplemental action plan activities, or an
 Implementation Grant, if the following two conditions are met:.........
    <bullet> Questions 3, 7, and 9 are answered ``yes.'' If Question 3,
     7, or 9 is answered ``no,'' the plan is not substantially similar
     and ineligible to apply for Action Plan funds specifically for a
     supplemental action plan activity, nor an Implementation Grant.....
    <bullet> At least four of the six remaining Questions are answered
     ``yes'' (Questions 1, 2, 4, 5, 6, or 8)............................
If both conditions are met, an applicant has a substantially similar
 plan...................................................................
------------------------------------------------------------------------
Question                                              Response, document
                                                            and page No.
------------------------------------------------------------------------
1. Are both of the following true:
    <bullet> Did a high-ranking official and/or
     governing body in the jurisdiction publicly
     commit to an eventual goal of zero roadway
     fatalities and serious injuries?
    <bullet> Did the commitment include either
     setting a target date to reach zero, OR
     setting one or more targets to achieve
     significant declines in roadway fatalities
     and serious injuries by a specific date?
2. To develop the Action Plan, was a committee,
 task force, implementation group, or similar body
 established and charged with the plan's
 development, implementation, and monitoring?
3. Does the Action Plan include all of the
 following?
    <bullet> Analysis of existing conditions and
     historical trends to baseline the level of
     crashes involving fatalities and serious
     injuries across a jurisdiction, locality,
     Tribe, or region;
    <bullet> Analysis of the location(s) where
     there are crashes, the severity, as well as
     contributing factors and crash types;
    <bullet> Analysis of systemic and specific
     safety needs is also performed, as needed
     (e.g., high risk road features, specific
     safety needs of relevant road users; and
    <bullet> A geospatial identification
     (geographic or locational data using maps) of
     higher risk locations.
4. Did the Action Plan development include all of
 the following activities?
    <bullet> Engagement with the public and
     relevant stakeholders, including the private
     sector and community groups;
    <bullet> Incorporation of information received
     from the engagement and collaboration into
     the plan; and
    <bullet> Coordination that included inter- and
     intra- governmental cooperation and
     collaboration, as appropriate
5. Did the Action Plan development include all of
 the following?
    <bullet> Considerations of equity using
     inclusive and representative processes;
    <bullet> The identification of underserved
     communities through data; and
    <bullet> Equity analysis, in collaboration
     with appropriate partners, focused on initial
     equity impact assessments of the proposed
     projects and strategies, and population
     characteristics
6. Are both of the following true?
    <bullet> The plan development included an
     assessment of current policies, plans,
     guidelines, and/or standards to identify
     opportunities to improve how processes
     prioritize safety; and
    <bullet> The plan discusses implementation
     through the adoption of revised or new
     policies, guidelines, and/or standards.
7. Does the plan identify a comprehensive set of
 projects and strategies to address the safety
 problems identified in the Action Plan, time
 ranges when the strategies and projects will be
 deployed, and explain project prioritization
 criteria?
8. Does the plan include all of the following?
    <bullet> A description of how progress will be
     measured over time that includes, at a
     minimum, outcome data
    <bullet> The plan is posted publicly online.
9. Was the plan finalized and/or last updated
 between 2017 and 2022?
------------------------------------------------------------------------

ii. Implementation Grant Eligibility Requirements
    To apply for an Implementation Grant, the applicant must certify 
that they have an existing plan which is substantially similar to an 
Action Plan. The plan or plans should be uploaded as an attachment to 
your application. Use Table 2, Self-Certification Eligibility 
Worksheet, from the previous section to determine eligibility. The 
existing plan must be focused, at least in part, on the roadway network 
within the applicant's jurisdiction. The components required for an 
existing plan to be substantially similar to an Action Plan may be 
found in multiple plans. State-level action plans (e.g., a Strategic 
Highway Safety Plan required in 23 U.S.C. 148, State Highway Safety 
Plans required in 23 U.S.C. 402, Commercial Vehicle Safety Plans 
required in 49 U.S.C. 31102, etc.) as well as Public Transportation 
Agency Safety Plans in 49 U.S.C. 5329 cannot be used as an established 
plan to apply for an Implementation Grant.

4. Eligible Activities and Costs

i. Eligible Activities
    Broadly, eligible activity costs must comply with the cost 
principles set forth in with 2 CFR, Subpart E (i.e., 2 CFR 200.403 and 
Sec.  200.405). DOT reserves the right to make cost eligibility 
determinations on a case-by-case basis. Eligible activities for grant 
funding include the following three elements:
    <bullet> (A) Developing a comprehensive safety action plan or 
Action Plan (i.e., the activities outlined in Section A.2.i in Table 1 
and the list of supplemental Action Plan activities);
    <bullet> (B) conducting planning, design, and development 
activities for projects and strategies identified in an Action Plan; 
and
    <bullet> (C) carrying out projects and strategies identified in an 
Action Plan.
    For Action Plan Grants, eligible activities and costs only include 
those that directly assist in the development of the Action Plan, 
element (A), and/or supplemental action plan activities in support of 
an existing Action Plan or plans.
    For Implementation Grants, activities must include element (C) 
``carrying out projects and strategies identified in an Action Plan,'' 
and may include element (B) ``conducting planning, design, and 
development activities for projects and

[[Page 31614]]

strategies identified in an Action Plan'' and/or element (A) 
``supplemental action plan activities in support of an existing Action 
Plan.'' Projects and strategies identified in element (C) must be 
either infrastructure, behavioral, or operational activities identified 
in the Action Plan, and must be directly related to addressing the 
safety problem(s) identified in the application and Action Plan. 
Examples of eligible Implementation Grant activities are listed on the 
SS4A website located at www.transportation.gov/SS4A. The following 
activities are not eligible for element (C) ``projects and strategies'' 
funding:
    <bullet> Projects and strategies whose primary purpose is not 
roadway safety.
    <bullet> Projects and strategies exclusively focused on non-roadway 
modes of transportation, including air, rail, marine, and pipeline. 
Roadway intersections with other modes of transportation (e.g., at-
grade highway rail crossings, etc.) are eligible activities.
    <bullet> Capital projects to construct new roadways used for motor 
vehicles. New roadways exclusively for non-motorists is an eligible 
activity if the primary purpose is safety-related.
    <bullet> Infrastructure projects primarily intended to expand 
capacity to improve Levels of Service for motorists on an existing 
roadway, such as the creation of additional lanes.
    <bullet> Maintenance activities for an existing roadway primarily 
to maintain a state of good repair. However, roadway modifications on 
an existing roadway in support of specific safety-related projects 
identified in an Action Plan are eligible activities.
    <bullet> Development or implementation of a public transportation 
agency safety plan (PTASP) required by 49 U.S.C. 5329. However, a PTASP 
that identifies and addresses risks to pedestrians, bicyclists, 
personal conveyance and micromobility users, transit riders, and others 
may inform Action Plan development.
    All projects and strategies must have equity--the consistent, fair, 
just, and impartial treatment of all people--at their foundation. This 
includes traffic enforcement strategies. As part of the Safe System 
Approach adopted in the USDOT's National Roadway Safety Strategy, any 
activities related to compliance or enforcement efforts to make our 
roads safer should affirmatively improve equity outcomes as part of a 
comprehensive approach to achieve zero roadway fatalities and serious 
injuries. The SS4A program can be used to support safety projects and 
strategies that address serious safety violations of drivers (e.g., 
speeding, alcohol and drug-impaired driving, etc.), so long as the 
proposed strategies are data-driven and demonstrate a process in 
alignment with goals around community policing and in accordance with 
Federal civil rights laws and regulations.\18\
---------------------------------------------------------------------------

    \18\ For one such example see https://cops.usdoj.gov/RIC/Publications/cops-p157-pub.pdf.
---------------------------------------------------------------------------

    Funds may not be used, either directly or indirectly, to support or 
oppose union organizing.
ii. Project and Strategy Location
    For Implementation Grants, applications must identify the problems 
to be addressed, the relevant geographic locations, and the projects 
and strategies they plan to implement, based on their Action Plan or 
established plan. This should include specific intervention types to 
the extent practicable. To provide flexibility in the implementation of 
projects and strategies that involve systemic safety strategies or 
bundling of similar countermeasures, an applicant may wait to specify 
specific site locations and designs for the projects and strategies as 
part of executing the grant agreement, if necessary, upon approval of 
the Department and so long as the identified site locations and designs 
remain consistent with the intent of the award.

D. Application and Submission Information

1. Address To Request Application Package

    All grant application materials can be accessed at grants.gov. 
Applicants must submit their applications via grants.gov under the 
Notice of Funding Opportunity Number cited herein. Potential applicants 
may also request paper copies of materials at:
    Telephone: (202) 366-4114.
    Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
W84-322, Washington, DC 20590.

2. Content and Form of Application Submission

    The Action Plan Grant and Implementation Grant have different 
application submission and supporting document requirements.
i. Action Plan Grant Application Submissions
    All Action Plan Grant applications must submit the following 
Standard Forms (SFs):

<bullet> Application for Federal Assistance (SF-424)
<bullet> Budget Information for Non-Construction Programs (SF-424A)
<bullet> Assurances for Non-Construction Programs (SF-424B)
<bullet> Disclosure of Lobbying Activities (SF-LLL)
    In addition to the SFs above, the applicant must provide: (a) Key 
Information; (b) Narrative; (c) Self-Certification Eligibility 
Worksheet, if applying for action plan supplemental activities; (d) 
Map; and (e) Budget. While it is not required to conform to the 
recommended templates below, it is strongly encouraged to provide the 
information using the specific structure provided in this NOFO.
(a) Key Information Table

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Lead Applicant
 
------------------------------------------------------------------------
If Multijurisdictional, additional
 eligible entities jointly applying
 
------------------------------------------------------------------------
Total jurisdiction population
 
------------------------------------------------------------------------
Count of motor-vehicle-involved roadway
 fatalities from 2016 to 2020
 
------------------------------------------------------------------------
Fatality rate
 
------------------------------------------------------------------------

[[Page 31615]]

 
Population in Underserved Communities
 
------------------------------------------------------------------------
States(s) in which projects and strategies
 are located
 
------------------------------------------------------------------------
Costs by State (if project spans more than
 one State)
 
------------------------------------------------------------------------

    Instructions for (a):
    <bullet> The lead applicant is the primary jurisdiction, and the 
lead eligible entity applying for the grant.
    <bullet> If the application is multijurisdictional, list additional 
eligible entities within the multijurisdictional group of entities. If 
a single applicant, mark as not applicable.
    <bullet> Total jurisdiction population is based on 2020 U.S. Census 
data and includes the total population of all Census tracts where the 
applicant operates or performs their safety responsibilities.
    <bullet> The count of roadway fatalities from 2016 to 2020 in the 
jurisdiction based on DOT's Fatality Analysis Reporting System (FARS) 
data, an alternative traffic fatality dataset, or a comparable data set 
with roadway fatality information.\19\ This should be a number. Cite 
the source, if using a dataset different from FARS, with a link to the 
data if publicly available.
---------------------------------------------------------------------------

    \19\ https://www.nhtsa.gov/research-data/fatality-analysis-reporting-system-fars. To query the FARS data see https://cdan.dot.gov/query. To query the FARS data see https://cdan.dot.gov/query. For the Census data visit https://www.census.gov/programs-surveys/decennial-census/about/rdo/summary-files.html.
---------------------------------------------------------------------------

    <bullet> The fatality rate, calculated using the average from the 
total count of fatalities from 2016 to 2020 based on FARS data, an 
alternative traffic fatality dataset, or a comparable data set with 
roadway fatality information, which is divided by the population of the 
applicant's jurisdiction based on 2020 U.S. Census population data. 
This should be a number. Cite the source, if using a dataset different 
from FARS.
    <bullet> Check one of the three available boxes to the right of the 
column with the three Action Plan types: New Action Plan; Action Plan 
completion; or supplemental action plan activities.
    <bullet> The population in underserved communities should be a 
percentage obtained by dividing the population living in Census tracts 
with an Underserved Community designation divided by the total 
population living in the jurisdiction.\20\ For multi-jurisdictional 
groups, provide this information for each jurisdiction in the group.
---------------------------------------------------------------------------

    \20\ https://datahub.transportation.gov/stories/s/tsyd-k6ij.
---------------------------------------------------------------------------

    <bullet> Note the State(s) of the applicants. If a federally 
recognized Tribal government, mark as not applicable.
    <bullet> Allocate funding request amounts by State based on where 
the funds are expected to be spent. If the projects and strategies are 
located in only one State, put the full funding request amount.
(c) Narrative
    In narrative form, the applicant should respond to the Action Plan 
Grant selection criteria described in Section E.1.i to affirm whether 
the applicant has considered certain activities that will enhance the 
implementation of an Action Plan once developed or updated. The 
narrative must be no longer than 300 words.
(d) Self-Certification Eligibility Worksheet
    If applying for Action Plan Grant funding supplemental action plan 
activities, attach the filled out Table 2 Self-Certification 
Eligibility Worksheet. If applying to develop or complete an Action 
Plan, do not include Table 2.
(e) Map
    The applicant must submit a map that shows the location of the 
jurisdiction and highlights the roadway network under the applicant's 
jurisdiction. The permissible formats include: Map web link (e.g., 
Google, Bing, etc.), PDF, image file, vector file, or shapefile.
(f) Budget
    Applicants are required to provide a brief budget summary and a 
high-level overview of estimated activity costs, as organized by all 
major cost elements. The budget only includes costs associated with the 
eligible activity (A) developing a comprehensive safety action plan and 
may include supplemental action plan activities. Funding sources should 
be grouped into two categories: SS4A Funding Federal share, and non-
Federal share funds. The costs or value of in-kind matches should also 
be provided. This budget should not include any previously incurred 
expenses, or costs to be incurred before the time of award. DOT 
requires applicants use SF-424A to provide this information.
ii. Implementation Grant Application Submissions
    Implementation Grant applications must submit the following 
Standard Forms (SFs):

<bullet> Application for Federal Assistance (SF-424)
<bullet> Budget Information for Construction Programs (SF-424C)
<bullet> Assurances for Construction Programs (SF-424D)
<bullet> Disclosure of Lobbying Activities (SF-LLL)

    In addition to the SFs above, the applicant must provide: (a) Key 
Information; (b) Narrative; (c) Self-Certification Eligibility 
Worksheet; and (d) Budget. While it is not required to conform to the 
recommended template in the Key Information Table below, it is strongly 
encouraged to provide the information using the specific structure 
provided in this NOFO.
(a) Key Information Table

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Application Name
 
------------------------------------------------------------------------
Lead Applicant
 
------------------------------------------------------------------------
If Multijurisdictional, additional
 eligible entities jointly applying
 
------------------------------------------------------------------------

[[Page 31616]]

 
Roadway safety responsibility:
 
    Ownership and/or maintenance
     responsibilities over a roadway
     network
 
------------------------------------------------------------------------
    Safety responsibilities that affect
     roadways
 
------------------------------------------------------------------------
    Have an agreement from the agency that
     has ownership and/or maintenance
     responsibilities for the roadway
     within the applicant's jurisdiction
 
------------------------------------------------------------------------
Population in Underserved Communities
 
------------------------------------------------------------------------
States(s) in which activities are located
 
------------------------------------------------------------------------
Costs by State
 
------------------------------------------------------------------------
Funds to Underserved Communities
 
------------------------------------------------------------------------
Cost total for eligible activity (A)
 supplemental action plan activities in
 support of an existing Action Plan
 
------------------------------------------------------------------------
Cost total for eligible activity (B)
 conducting planning, design, and
 development activities for projects and
 strategies identified in an Action Plan
 
------------------------------------------------------------------------
Cost total for eligible activity (C)
 carrying out projects and strategies
 identified in an Action Plan
 
------------------------------------------------------------------------
Action Plan or Established Plan Link
 
------------------------------------------------------------------------

    Instructions for (a):
    <bullet> Provide a grant application name to accompany the grant 
application.
    <bullet> The lead applicant is the primary jurisdiction, and the 
lead eligible entity applying for the grant.
    <bullet> If the application is multijurisdictional, list additional 
eligible entities within the multijurisdictional group of entities. If 
a single applicant, leave blank.
    <bullet> The roadway safety responsibility response should check 
one of the three answers to meet eligibility conditions.
    <bullet> The population in Underserved Community Census Tracts 
should be a percentage number obtained by dividing the population 
living in Underserved Community Census tracts within the jurisdiction 
divided by the total population living in the jurisdiction.
    <bullet> Identify State(s) in which the applicant is located in. If 
a federally recognized Tribal government, leave blank.
    <bullet> The total amount of funds to underserved communities is 
the amount of spent in, and provide safety benefits to, locations in 
census tracts designated as underserved communities.
    <bullet> For each State, allocate funding request amounts divided 
up by State based on where the funds are expected to be spent. If the 
applicant is located in in only one State, put the full funding request 
amount only.
    <bullet> Provide a weblink to the plan that serves as the Action 
Plan or established plan that is substantially similar. This may be 
attached as a supporting PDF document instead; if so please write ``See 
Supporting Documents.''
(b) Narrative
    The Department recommends that the narrative follows the outline 
below to address the program requirements and assist evaluators in 
locating relevant information. The narrative may not exceed 10 pages in 
length, excluding cover pages and the table of contents. Key 
information, the Self-Certification Eligibility Worksheet, and Budget 
sections do not count towards the 10-page limit. Appendices may include 
documents supporting assertions or conclusions made in the 10-page 
narrative and also do not count towards the 10-page limit. If possible, 
website links to supporting documentation should be provided rather 
than copies of these supporting materials. If supporting documents are 
submitted, applicants should clearly identify within the narrative the 
relevance of each supporting document.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
I. Overview...............................  See D.2.ii.b.I.
II. Location..............................  See D.2.ii.b.II.
III. Response to Selection Criteria.......  See D.2.ii.b.III and Section
                                             E.1.ii.
IV. Project Readiness.....................  See D.2.ii.b.IV.
------------------------------------------------------------------------

I. Overview
    This section should provide an introduction, describe the safety 
context, jurisdiction, and any high-level background information that 
would be useful to understand the rest of the application.
II. Location
    This section of the application should describe the jurisdiction's 
location, the jurisdiction's High-Injury Network or equivalent 
geospatial identification (geographic or locational data using maps) of 
higher risk locations, and potential locations and corridors of the 
projects and strategies. Note that the applicant is not required to 
provide

[[Page 31617]]

exact locations for each project or strategy; rather, the application 
should identify which geographic locations are under consideration for 
projects and strategies to be implemented and what analysis will be 
used in a final determination.
III. Response to Selection Criteria
    This section should respond to the criteria for evaluation and 
selection in Section E.1.ii of this Notice and include compelling 
narrative to highlight how the application aligns with criteria #1 
Safety Impact; #2 Equity, Engagement, and Collaboration; #3 Effective 
Practices and Strategies; and #4 Climate Change and Sustainability, and 
Economic Competitiveness. Note, criterion #1 Safety Impact assesses 
``implementation cost'' information, which will be described in SF-424C 
and the (d) Budget of the narrative and does not need to be duplicated 
in this portion of the narrative.
    The applicant must respond to each of the four criteria. Applicants 
are not required to follow a specific format, but the organization 
provided, which addresses each criterion separately, promotes a clear 
discussion that assists evaluators. To minimize redundant information 
in the application, the Department encourages applicants to cross-
reference from this section of their application to relevant 
substantive information in other sections of the application. To the 
extent practical, DOT encourages applicants to use and reference 
existing content from their Action Plan/established plan(s) to 
demonstrate their comprehensive, evidence-based approach to improving 
safety.
IV. Project Readiness
    The applicant must provide information to demonstrate the 
applicant's ability to substantially execute and complete the full 
scope of work in the application proposal within five years of when the 
grant is executed, with a particular focus on design and construction, 
as well as environmental, permitting, and approval processes. 
Applicants should indicate if they will be seeking permission to use 
roadway design standards that are different from those generally 
applied by the State in which the project is located. As part of this 
portion of the narrative, the applicant must include a detailed 
activity schedule that identifies all major project and strategy 
milestones. Examples of such milestones include: State and local 
planning approvals; start and completion of National Environmental 
Policy Act and other Federal environmental reviews and approvals 
including permitting; design completion; right of way acquisition; 
approval of plans, specifications, and estimates; procurement; State 
and local approvals; public involvement; partnership and implementation 
agreements; and construction. Environmental review documentation should 
describe in detail known project impacts, and possible mitigation for 
those impacts. When a project results in impacts, it is expected an 
award recipient will take steps to engage the public. For additional 
guidance and resources, visit www.transportation.gov/SS4A.
(c) Self-Certification Eligibility Worksheet
    Attach a completed Table 2: Self-Certification Eligibility 
Worksheet.
(d) Budget
    This section of the application should describe the budget for the 
SS4A proposal. Applicants are required to provide a brief budget 
summary and provide a high-level overview of estimated activity costs, 
as organized by all major cost elements. The budget should provide 
itemized estimates of the costs of the proposed projects and strategies 
at the individual component level. This includes capital costs for 
infrastructure safety improvements and costs associated with behavioral 
and operational safety projects and strategies. The section should also 
distinguish between the three eligible activity areas: (A) 
Supplementing action plan activities in support of an existing Action 
Plan; (B) conducting planning, design, and development activities for 
projects and strategies identified in an Action Plan; and (C) carrying 
out projects and strategies identified in an Action Plan.
    Funding sources should be grouped into two categories: SS4A funding 
Federal share, and non-Federal share funds. Estimated costs or value of 
in-kind matches should also be provided. The budget should show how 
each source of funds will be spent. This budget should not include any 
previously incurred expenses, or costs to be incurred before the time 
of award and obligation because these expenses are not eligible for 
reimbursement or cost-sharing. If non-Federal share funds or in-kind 
contributions are from entities who are not the applicant, include 
commitment letters or evidence of allocated cost share as a supporting 
document. DOT requires applicants use form SF-424C, and the applicant 
must also provide the information in Table 3 below.

                 Table 3--Supplemental Estimated Budget
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Subtotal Budget for (A) supplemental action plan                   $0.00
 activities.............................................
------------------------------------------------------------------------
 Itemized Estimated Costs of the (A) supplemental action plan activities
------------------------------------------------------------------------
Item #1.................................................           $0.00
Item #2.................................................           $0.00
                                                         ---------------
    Subtotal Budget for (B) conducting planning, design,           $0.00
     and development activities.........................
------------------------------------------------------------------------
  Itemized Estimated Costs of the (B) planning, design, and development
                               activities
------------------------------------------------------------------------
Item #1.................................................           $0.00
Item #2.................................................           $0.00
Item #3.................................................           $0.00
                                                         ---------------
    Subtotal Budget for (C) carrying out projects and              $0.00
     strategies.........................................
------------------------------------------------------------------------
  Itemized Estimated Costs of the (C) proposed projects and strategies
------------------------------------------------------------------------
Item #1.................................................           $0.00
Item #2.................................................           $0.00

[[Page 31618]]

 
Item #3.................................................           $0.00
Item #4.................................................           $0.00
                                                         ---------------
    Subtotal Funds to Underserved Communities...........           $0.00
------------------------------------------------------------------------

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

    Each applicant is required to: (i) Be registered in SAM (https://sam.gov/content/home) before submitting its application; (ii) provide a 
valid unique entity identifier in its application; and (iii) continue 
to 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. DOT may not make 
a Federal award to an applicant until the applicant has complied with 
all applicable unique entity identifier and SAM requirements and, if an 
applicant has not fully complied with the requirements by the time DOT 
is ready to make an award, DOT may determine that the applicant is not 
qualified to receive an award and use that determination as a basis for 
making an award to another applicant.

4. Submission Dates and Times

    Applications must be submitted by 5:00 p.m. EDT on Thursday, 
September 15, 2022.

5. Funding Restrictions

    Per BIL requirements, not more than 15 percent of the funds made 
available to carry out the SS4A program in FY22 may be awarded to 
eligible applicants in a single State.\21\ In addition, 40 percent of 
the total FY22 funds made available must be for developing and updating 
a comprehensive safety action plan, or supplemental action plan 
activities.
---------------------------------------------------------------------------

    \21\ Funding for Tribal lands will be treated as their own State 
and will not count toward a State's 15% limit.
---------------------------------------------------------------------------

6. Other Submission Requirements

    The format of the Section D.2 application submission should be in 
PDF format, with font size no less than 12-point Times New Roman, 
margins a minimum of 1 inch on all sides, and include page numbers.
    The complete application must be submitted via grants.gov. In the 
event of system problems or the applicant experiences technical 
difficulties, contact grants.gov technical support via telephone at 1-
800-518-4726 or email at <a href="/cdn-cgi/l/email-protection#c6b5b3b6b6a9b4b286faa7e6aeb4a3a0fb" http: grants.gov">grants.gov</a>">support@grants.gov</a>.

E. Application Review Information

1. Selection Criteria

    This section specifies the criteria DOT will use to evaluate and 
select applications for SS4A grant awards. The Department will review 
merit criteria for all applications. Each of the two grant types to be 
made available through the SS4A grant program, Action Plan Grant and 
Implementation Grant, will have its own set of application review and 
selection criteria.
i. Action Plan Grant Selection Criteria
    For Action Plan Grants, the Department will use three evaluation 
criteria. The Department will evaluate quantitative data in two 
selection criteria areas: #1 Safety Impact; and #2 Equity. The 
Department will also assess the narrative for #3 Additional Safety 
Considerations. Costs will also be considered.
    Selection Criterion #1: Safety Impact. The activities are in 
jurisdictions that will likely support a significant reduction or 
elimination of roadway fatalities and serious injuries involving 
various road users, including pedestrians, bicyclists, public 
transportation users, personal conveyance and micromobility users, 
motorists, and commercial operators, within the timeframe proposed by 
the applicant. The Department will assess safety impact using two 
quantitative ratings:
    <bullet> The count of roadway fatalities from 2016 to 2020 based on 
DOT's FARS data, an alternative traffic crash dataset, or a comparable 
data set with roadway fatality information.\22\
---------------------------------------------------------------------------

    \22\ https://cdan.dot.gov/query.
---------------------------------------------------------------------------

    <bullet> The fatality rate, which is calculating using the average 
from the total count of fatalities from 2016 to 2020 (based on FARS 
data or an alternative traffic crash dataset) divided by the 2020 
population of the applicant's jurisdiction based on 2020 U.S. Census 
population data.
    Selection Criterion #2: Equity. The activities will ensure 
equitable investment in the safety needs of underserved communities in 
preventing roadway fatalities and injuries, including rural 
communities. The Department will assess the equity criterion using one 
quantitative rating:
    <bullet> The percentage of the population in the applicant's 
jurisdiction that resides in an Underserved Community Census tract.\23\ 
Population of a Census tract, either a tract that is Underserved 
Community or not, must be based on 2020 U.S. Census population data.
---------------------------------------------------------------------------

    \23\ https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a.
---------------------------------------------------------------------------

    Selection Criterion #3: Additional Safety Considerations. The 
Department will assess whether the applicant has considered any of the 
following in the development of the Action Plan:
    <bullet> Employ low-cost, high-impact strategies that can improve 
safety over a wider geographical area;
    <bullet> Engage with a variety of public and private stakeholders 
(e.g., inclusive community engagement, community benefit agreements, 
etc.);
    <bullet> Seek to adopt innovative technologies or strategies to 
promote safety and equity; and
    <bullet> Include evidence-based projects or strategies.
    The applicant must address these considerations in narrative form.
Additional Consideration: Budget Costs
    The Department will assess the extent to which the budget and costs 
to perform the activities required to execute the Action Plan Grant are 
reasonable based on 2 CFR 200.404.
ii. Implementation Grant Selection Criteria
    Implementation Grants have four merit criteria: #1 Safety Impact; 
#2 Equity, Engagement, and Collaboration; #3 Effective Practices and 
Strategies; and #4 Climate Change and Economic Competitiveness. Two 
additional considerations will also be used in the selection process: 
Project Readiness, and Funds to Underserved Communities. The response 
to each criterion, to the extent practicable, should be aligned with 
the applicant's Action Plan. Below describes the specific content the 
applicant should respond to for each of these criteria.
    Selection Criterion #1: Safety Impact. DOT will assess whether the 
proposal is likely to: Significantly reduce or eliminate roadway 
fatalities and serious injuries; employ low-cost, high-impact 
strategies over a wide geographic area; and include evidence-based 
projects and strategies. Safety impact is the most

[[Page 31619]]

important criterion and will be weighed more heavily in the review and 
selection process. The Department will assess the applicant's 
description of the safety problem, safety impact assessment, and costs 
as part of the Safety Impact criterion:
    <bullet> Description of the safety problem. DOT will assess the 
extent to which:
    [cir] The safety problem is described, including historical trends, 
fatal and serious injury crash locations, contributing factors, and 
crash types by category of road user.
    [cir] Crashes and/or crash risk are displayed in a High-Injury 
Network, hot spot analysis, or similar geospatial risk visualization.
    [cir] Safety risk is summarized from risk models, hazard analysis, 
the identification of high-risk roadway features, road safety audits/
assessments, and/or other proactive safety analyses.
    <bullet> Safety impact assessment. DOT will assess the extent to 
which projects and strategies:
    [cir] Align with and address the identified safety problems.
    [cir] Are supported by evidence to significantly reduce or 
eliminate roadway fatalities and serious injuries involving various 
road users, including pedestrians, bicyclists, public transportation 
users, personal conveyance and micromobility users, motorists, and 
commercial vehicle operators.
    [cir] Use low-cost, high-impact strategies and projects that can 
improve safety over a wider geographical area.
    [cir] Measure safety impact through models, studies, reports, 
proven noteworthy practices, Crash Modification Factors (CMF), and 
other information on project and strategy effectiveness.
    [cir] Include a multi-disciplinary, systemic approach that relies 
on redundancies to reduce safety risks.
    [cir] Will have safety benefits that persist over time.
    <bullet> Implementation Costs. DOT will assess the extent to which 
projects and strategies are itemized and summarized, including capital 
costs for infrastructure, behavioral, and operational safety 
improvements.
    Selection Criterion #2: Equity, Engagement, and Collaboration. This 
criterion supports the legislative requirements to assess the extent to 
which the application ensures the equitable investment in the safety 
needs of underserved communities, and demonstrates engagement with a 
variety of public and private stakeholders. The response to this 
criterion should focus on equity, engagement, and collaboration in 
relation to the implementation of the projects and strategies. DOT will 
assess the extent to which projects and strategies:
    <bullet> Ensure equitable investment in underserved communities in 
preventing roadway fatalities and serious injuries, including rural 
communities.
    <bullet> Are designed to decrease existing disparities identified 
through equity analysis.
    <bullet> Consider key population groups (e.g., people in 
underserved communities, children, seniors, Black, Latino, Indigenous 
and Native Americans, Asian Americans and Pacific Islanders, other 
persons of color, persons with disabilities, persons who live in rural 
areas, and persons otherwise adversely affected by persistent poverty 
or inequality) to ensure the impact to these groups is understood and 
addressed.
    <bullet> Include equity analysis, both quantitative and 
qualitative, and stakeholder engagement in underserved communities as 
part of the development and implementation process.
    <bullet> Include meaningful engagement with the public, including 
public involvement for underserved communities, community benefit 
agreements, and relevant stakeholders such as private sector and 
community groups, as part of implementation.
    <bullet> Leverage partnerships within their jurisdiction, with 
other government entities, non-governmental organizations, the private 
sector, academic institutions, and/or other relevant stakeholders to 
achieve safety benefits while preventing unintended consequences for 
persons living in the jurisdiction.
    <bullet> Inform representatives from areas impacted on 
implementation progress and meaningfully engage over time to evaluate 
the impact of projects and strategies on persons living in the 
jurisdiction.
    <bullet> Align with the equity analysis performed as part of the 
development of an existing Action Plan.
    Selection Criterion #3: Effective Practices and Strategies. DOT 
will assess the extent to which the application employs low-cost, high-
impact strategies that can improve safety over a wide geographical 
area, includes evidence-based projects or strategies that improve 
safety, and seeks to adopt innovative technologies or strategies to 
promote safety and equity. The response to this criterion needs to 
address, at a minimum, one of the four effective practices and 
strategies from the list below, which includes: Create a safer 
community; Safe System Approach; Complete Streets; and innovative 
practices and technologies. If the applicant responds to more than one 
of the four options, the option that is rated highest in the review 
process will be used for the rating of this criterion.
    <bullet> Create a safer community. DOT will assess the extent to 
which the projects and strategies:
    [cir] Establish basic, evidence-based roadway safety infrastructure 
features, including but not limited to sidewalks and separated bicycle 
lanes.
    [cir] Improve safety for all road users along a roadway network 
using proposed Public-Rights-of-Way Accessibility Guidelines 
(PROWAG).\24\
---------------------------------------------------------------------------

    \24\ https://www.access-board.gov/prowag/.
---------------------------------------------------------------------------

    [cir] Use evidence-based, proven, and effective safety 
countermeasures to significantly improve existing roadways.\25\
---------------------------------------------------------------------------

    \25\ https://safety.fhwa.dot.gov/provencountermeasures/.
---------------------------------------------------------------------------

    [cir] Use evidence-based Countermeasures that Work with four or 
five stars to address persistent behavioral safety issues and consider 
equity in their implementation.\26\
---------------------------------------------------------------------------

    \26\ https://www.nhtsa.gov/sites/nhtsa.gov/files/2021-09/Countermeasures-10th_080621_v5_tag.pdf.
---------------------------------------------------------------------------

    [cir] Apply systemic safety practices that involve widely 
implemented improvements based on high-risk roadway features correlated 
with particular severe crash types.
    <bullet> Safe System Approach. DOT will assess the extent to which 
the projects and strategies:
    [cir] Encompass at least two of the five safety elements in the 
National Roadway Safety Strategy (Safer People, Safer Roads, Safer 
Speeds, Safer Vehicles, and Post-Crash Care). This may include a mix of 
infrastructure, behavioral, and operational safety projects and 
strategies.
    [cir] Create a transportation system that accounts for and 
mitigates human mistakes.
    [cir] Incorporate data-driven design features that are human-
centric, limit kinetic energy, and are selected based on the physical 
limits of people's crash tolerances before injury or death occurs.
    [cir] Support actions and activities identified in the Department's 
National Roadway Safety Strategy that are evidence-based.
    <bullet> Complete Streets. DOT will assess the extent to which the 
projects and strategies:
    [cir] Account for the safety of all road users in their 
implementation through evidence-based activities.
    [cir] Are supported by an existing Complete Streets Policy that 
prioritizes safety in standard agency procedures and guidance or other 
roadway safety policies that have eliminated barriers to

[[Page 31620]]

prioritizing the safety of all users, or includes supplemental planning 
activities to achieve this. Consider the management of the right of way 
using a data-driven approach (e.g., delivery access, features that 
promote biking and micromobility, electric vehicle charging 
infrastructure, etc.).
    [cir] Improve accessibility and multimodal networks for people 
outside of a motor vehicle, including people who are walking, biking, 
rolling, public transit users, and have disabilities.
    [cir] Incorporate the proposed PROWAG, and any actions in an 
established the American with Disabilities Act Transition Plan to 
correct barriers to individuals with disabilities.
    <bullet> Innovative practices and technologies. DOT will assess the 
extent to which the projects and strategies:
    [cir] Incorporate practices that promote efficiency within the 
planning and road management lifecycle (e.g., dig once, etc.).
    [cir] Integrate additional data beyond roadway and crash 
information to inform implementation and location, such as data on the 
built environment.
    [cir] Foster applied, data-driven research and experimentation to 
inform project and strategy effectiveness, including but not limited to 
participation in a sanctioned Manual on Uniform Traffic Control Devices 
experimentation, research to inform Proven Safety Countermeasures or 
Countermeasures that Work, and/or research that measures the 
effectiveness of multidisciplinary activities.
    [cir] Adopt innovative technologies or practices to promote safety 
and equity. These could include infrastructure, behavioral, 
operational, or vehicular safety-focused approaches.
    Selection Criterion #4: Climate Change and Sustainability, and 
Economic Competitiveness. This program's focus on equity and safety are 
also advanced by considerations of how applications address climate and 
sustainability considerations, as well as whether applications support 
economic competitiveness. DOT will assess the extent to which the 
projects and strategies use safety strategies to support the 
Departmental strategic goals of climate change and sustainability, and 
economic strength and global competitiveness, and the extent to which 
the proposal is expected to:
    <bullet> Reduce motor vehicle-related pollution such as air 
pollution and greenhouse gas emissions.
    <bullet> Increase safety of lower-carbon travel modes such as 
transit and active transportation.
    <bullet> Incorporate lower-carbon pavement and construction 
materials.
    <bullet> Support fiscally responsible land use and transportation 
efficient design that reduces greenhouse gas emissions.
    <bullet> Includes storm water management practices and incorporates 
other climate resilience measures or feature, including but not limited 
to nature-based solutions that improve built and/or natural environment 
while enhancing resilience.
    <bullet> Lead to increased economic or business activity due to 
enhanced safety features for all road users.
    <bullet> Increase mobility and expand connectivity for all road 
users to jobs and business opportunities, including people in 
underserved communities.
    <bullet> Improve multimodal transportation systems that incorporate 
affordable transportation options such as public transit and 
micromobility.
    <bullet> Demonstrate a plan or credible planning activities and 
project delivery actions to advance quality jobs, workforce programs, 
including partnerships with labor unions, training providers, education 
institutions, and hiring policies that promote workforce inclusion.
    <bullet> Result in high-quality job creation by supporting good-
paying jobs with a free and fair choice to join a union, incorporate 
strong labor standards (e.g., wages and benefits at or above 
prevailing; use of project labor agreements, registered apprenticeship 
programs, pre-apprenticeships tied to registered apprenticeships, 
etc.), and/or provide workforce opportunities for historically 
underrepresented groups (e.g., workforce development program, etc.).
Additional Consideration: Project Readiness
    Applications rated as ``Highly Recommended'' or ``Recommended'' 
based on the selection Criteria 1 through 4 will be reviewed for 
Project Readiness, which will be a consideration for application 
selection. Project Readiness focuses on the extent to which the 
applicant will be able to substantially execute and complete the full 
scope of work in the Implementation Grant application within five (5) 
years of when the grant is executed. This includes information related 
to required design and construction standards, as well as 
environmental, permitting, and approval processes. DOT will evaluate 
the extent to which the application:
    <bullet> Documents all applicable local, State, and Federal 
requirements.
    <bullet> Includes information on activity schedule, required 
permits and approvals, the National Environmental Policy Act (NEPA) 
class of action and status, State Transportation Improvement Program 
(STIP) and Transportation Improvement Program (TIP) status, public 
involvement, right-of-way acquisition plans, procurement schedules, 
multi-party agreements, utility relocation plans and risk and 
mitigation strategies, as appropriate.
    <bullet> Is reasonably expected to begin any construction-related 
projects in a timely manner consistent with all applicable local, 
State, and Federal requirements.
Additional Consideration: Funds to Underserved Communities
    The percentage of Implementation Grant funds that will be spent in, 
and provide safety benefits to, locations in census tracts designated 
as underserved communities as defined by this NOFO will be considered 
as part of application selection.\27\ DOT will use this information in 
support of the legislative requirement to ensure equitable investment 
in the safety needs of underserved communities in preventing roadway 
fatalities and injuries. Higher percentages of funding to underserved 
communities will be generally viewed favorably by DOT, and the 
Department encourages applicants to leverage project and strategy 
activities to the extent practical and in alignment with the safety 
problems identified in an Action Plan.
---------------------------------------------------------------------------

    \27\ An underserved community as defined for this NOFO is 
consistent with the Office of Management and Budget's Interim 
Guidance for the Justice40 Initiative and the Historically 
Disadvantaged Community designation, which includes: U.S. Census 
tracts identified in this table https://datahub.transportation.gov/stories/s/tsyd-k6ij; any Tribal land; or any territory or possession 
of the United States.
---------------------------------------------------------------------------

2. Review and Selection Process

    This section addresses the BIL requirement to describe the 
methodology for evaluation in the NOFO, including how applications will 
be rated according to selection criteria and considerations, and how 
those criteria and considerations will be used to assign an overall 
rating. The SS4A grant program review and selection process consists of 
eligibility reviews, merit criteria review, and Senior Review. The 
Secretary makes the final selections.
i. Action Plan Grant Review and Selection Process
    The process for the application plan review is described below:
    <bullet> Teams of Department and contractor support staff review 
all applications to determine eligibility based on the eligibility 
information in Section C.

[[Page 31621]]

    <bullet> Eligible Action Plan applications received by the deadline 
will be reviewed for their merit based on the selection criteria in 
Section E.1.i.
    <bullet> Applications are scored numerically based on Merit 
Criteria #1 Safety Impact and #2 Equity Criteria.
    <bullet> The #3 Additional Safety Considerations criterion 
narrative will be reviewed and assessed as either ``qualified,'' 
meaning the application addresses the criterion at least in part, or 
``not qualified,'' meaning the application does not address the 
criterion. Applications that do not address the #3 Additional Safety 
Considerations and are deemed ``not qualified'' will not be considered.
    <bullet> Action Plan Grant applications to develop or complete a 
new Action Plan will be noted and prioritized for funding.
    <bullet> In order to ensure that final selections will meet the 
statutory requirement that no more than 15 percent of program funds may 
be awarded to eligible applicants in one State, applications will have 
their State location denoted. Tribal awards are not counted towards 
this 15 percent maximum.
    <bullet> The Teams will examine the locations of the applicants to 
identify if multiple applicants requested funding for the same 
jurisdiction. DOT reserves the right to request applicants with 
duplicative funding requests consolidate their efforts as one 
multijurisdictional group prior to receiving an award, and may decline 
to fund duplicative applications irrespective of their individual 
merits.
ii. Implementation Grant Review and Selection Process
(a) Overall Selection Process and Ratings
    Teams of Department and contractor support staff review all 
applications to determine whether they are eligible applicants based on 
the eligibility information in Section C. All eligible Implementation 
Grant applications received by the deadline will be reviewed and 
receive ratings for each of these criteria: #1 Safety Impact; #2 
Equity, Engagement, and Collaboration; #3 Effective Practices and 
Strategies; #4 Climate Change and Sustainability, and Economic 
Competitiveness. Based on the criteria ratings, an overall application 
rating of ``Highly Recommended,'' ``Recommended,'' ``Acceptable,'' or 
``Not Recommended'' will be assigned. Criterion #1, Safety Impact, will 
be weighted most heavily.

       Overall ``Highly Recommended'' Application Rating Scenarios
------------------------------------------------------------------------
                                     Scenario (a)        Scenario (b)
       Selection criteria           criteria rating     criteria rating
------------------------------------------------------------------------
#1 Safety Impact................  High..............  Medium.
#2 Equity, Engagement, and        Medium or High....  High.
 Collaboration.
#3 Effective Practices and        Medium or High....  High.
 Strategies.
#4 Climate Change                 Low, Medium, or     High.
 Sustainability, and Economic      High.
 Competitiveness.
Overall Rating..................  Highly Recommended  Highly
                                                       Recommended.
------------------------------------------------------------------------


                Overall ``Recommended'' Rating Scenarios
------------------------------------------------------------------------
                                     Scenario (c)        Scenario (d)
       Selection criteria           criteria rating     criteria rating
------------------------------------------------------------------------
#1 Safety impact................  High..............  Medium.
#2 Equity, Engagement, and        At least one Low..  One Medium and One
 Collaboration.                                        High or Two
                                                       Medium.
#3 Effective Practices and
 Strategies.
#4 Climate Change and             Low, Medium, or     Low, Medium, or
 Sustainability, and Economic      High.               High.
 Competitiveness.
Overall Rating..................  Recommended.......  Recommended.
------------------------------------------------------------------------


     Overall ``Acceptable'' and ``Not Recommended'' Rating Scenarios
------------------------------------------------------------------------
                                     Scenario (e)        Scenario (f)
       Selection criteria           criteria rating     criteria rating
------------------------------------------------------------------------
#1 Safety Impact................  Low...............  Any are determined
                                                       Non-Responsive.
#2 Equity, Engagement, and        Low, Medium, or
 Collaboration.                    High.
#3 Effective Practices and
 Strategies.
#4 Climate Change and             Low, Medium, or
 Sustainability, and Economic      High.
 Competitiveness.
Overall Rating..................  Acceptable........  Not Recommended.
------------------------------------------------------------------------

(b) Safety Impact Criterion Rating Methodology
    For the #1 Safety Impact criterion, the Department will assess 
three subcomponents to determine a result in an overall rating of 
``high,'' ``medium,'' and ``low,'' or ``non-responsive.'' The three 
subcomponents are: the description of the safety problem; the safety 
impact assessment; and the implementation costs.
    The description of the safety problem sub-rating will use the 
guidelines below:

[[Page 31622]]



----------------------------------------------------------------------------------------------------------------
                                   High                 Medium                  Low             Non-responsive
----------------------------------------------------------------------------------------------------------------
Rating scale.............  The narrative and     The narrative and     The narrative and     The narrative and
                            supporting            supporting            supporting            supporting
                            information           information           information           information do not
                            demonstrate the       demonstrate the       demonstrate the       address a safety
                            proposal is           proposal is           proposal is           problem.
                            addressing a          addressing an         addressing a safety
                            substantial safety    existing safety       problem more minor
                            problem. The          problem. Narrative    in scope. The
                            narrative is well-    articulates the       narrative is not
                            articulated and is    description, is       well-articulated,
                            strongly supported    generally             and the supporting
                            by data and           supporting by data    data and analysis
                            analysis.             and analysis.         are limited.
----------------------------------------------------------------------------------------------------------------

    The safety impact assessment sub-rating will use the guidelines 
below:

----------------------------------------------------------------------------------------------------------------
                                   High                 Medium                  Low             Non-responsive
----------------------------------------------------------------------------------------------------------------
Rating scale.............  The projects and      The projects and      The projects and      The projects and
                            strategies have       strategies address    strategies address    strategies do not
                            strong potential to   the safety problem.   the safety problem    address the safety
                            address the safety    Most of the           to a limited          problem.
                            problem. The          projects and          degree. Some or
                            projects and          strategies proposed   none of the
                            strategies proposed   are effective         projects and
                            are highly            measures, based on    strategies proposed
                            effective, based on   evidence, use a       are effective
                            evidence, use a       systemic approach,    measures, based on
                            systemic approach,    and have benefits     evidence, use a
                            and have benefits     that persist over     systemic approach,
                            that persist over     time.                 or have benefits
                            time.                                       that persist over
                                                                        time.
----------------------------------------------------------------------------------------------------------------

    The implementation costs sub-rating will use the guidelines below:

----------------------------------------------------------------------------------------------------------------
                                   High                 Medium                  Low             Non-responsive
----------------------------------------------------------------------------------------------------------------
Rating Scale.............  The costs for the     The costs for the     The costs for the     Cost information is
                            implementation of     implementation of     implementation of     not provided.
                            the projects and      the projects and      the projects and
                            strategies are        strategies are        strategies are not
                            clearly articulated   summarized. Future    well-articulated or
                            and summarized.       costs are             missing key
                            Future costs are      described. The        details. Future
                            well-described. The   quantity and          costs are minimally
                            quantity and          quality of the        or not described.
                            quality of the        projects and          Based on the
                            projects and          strategies in         limited quantity
                            strategies in         relation to the       and/or quality of
                            relation to the       cost amounts seem     the projects and
                            cost amounts          to indicate the       strategies in
                            strongly indicate     costs are             relation to the
                            the costs are         reasonable.           cost amounts, the
                            reasonable.                                 cost reasonableness
                                                                        is uncertain.
----------------------------------------------------------------------------------------------------------------

    The three sub-ratings for the #1 Safety Criterion (the description 
of the safety problem; the safety impact assessment; and the 
implementation costs) will be combined and scored using the following 
rating system to determine if the overall rating for the Safety 
Criterion is ``High,'' ``Medium,'' ``Low,'' or ``Non-Responsive.''

------------------------------------------------------------------------
  Safety criterion sub-rating scores    Overall safety  criterion rating
------------------------------------------------------------------------
At least two ``high'', no ``low'', no   High.
 ``non-responsive''.
No ``low'', no ``non-responsive,'' or   Medium.
 does not meet the High criterion.
No ``high'', at least one ``low'', no   Low.
 ``non-responsive,'' or does not meet
 the Medium criterion.
Any ``non-responsive''................  Non-Responsive.
------------------------------------------------------------------------

(c) Other Criteria Rating Methodology
    For the merit criteria #2 Equity, Engagement, and Collaboration, #3 
Effective Practices and Strategies, and #4 Climate Change and Economic 
Competitiveness, the Department will consider whether the application 
narrative is clear, direct, responsive to the selection criterion focus 
areas, and logical, which will result in a rating of ``high, 
``medium,'' ``low,'' or ``non-responsive.''

[[Page 31623]]



----------------------------------------------------------------------------------------------------------------
                                   High                 Medium                  Low             Non-responsive
----------------------------------------------------------------------------------------------------------------
Rating Scale.............  The application is    The application is    The application is    The narrative
                            substantively         moderately            minimally             indicates the
                            responsive to the     responsive to the     responsive to the     proposal is
                            criteria, with        criteria, with        criteria and is       counter to the
                            clear, direct, and    mostly clear,         somewhat addressed    criteria, or does
                            logical narrative.    direct, and logical   in the narrative.     not contain
                                                  narrative.                                  sufficient
                                                                                              information.
----------------------------------------------------------------------------------------------------------------

    ``Highly Recommended'' and ``Recommended'' applications will 
receive a Project Readiness evaluation, as described below. The 
reviewers will use the application materials outlined in Section D to 
assess the applicant's Project Readiness and will provide a rating of 
either ``Very Likely,'' ``Likely,'' or ``Unlikely.''

------------------------------------------------------------------------
                         Very likely         Likely          Unlikely
------------------------------------------------------------------------
Rating Scale.........  Based on the     Based on the     Based on the
                        information      information      information
                        provided in      provided in      provided in
                        the              the              the
                        application      application      application
                        and the          and the          and the
                        proposed scope   proposed scope   proposed scope
                        of the           of the           of the
                        projects and     projects and     projects and
                        strategies, it   strategies, it   strategies, it
                        is very likely   is probable      is uncertain
                        the applicant    the applicant    whether the
                        can complete     can complete     applicant can
                        all projects     all projects     complete all
                        and strategies   and strategies   projects and
                        within a five-   within a five-   strategies
                        year time        year time        within a five-
                        horizon.         horizon.         year time
                                                          horizon.
------------------------------------------------------------------------

iii. Senior Review Team Phase
(a) Action Plan Grant Senior Review Team Phase
    For the Action Plan Grants, the Secretary will set thresholds for 
each of the three quantitative criteria ratings based on their 
distribution, the number of applicants, and the availability of funds. 
Eligible applicants who meet or exceed the threshold in any of the 
three criteria will be offered Action Plan Grant award funding. A 
composite rating of the three criteria will not be made, and each 
criterion will be considered separately. Based on the overall 
application pool, available funding, and legislative requirements, the 
Secretary reserves the discretion to set the threshold(s) most 
advantageous to the U.S. Government's interest. The Secretary will 
consult with a Senior Review Team (SRT) to make the threshold 
determinations. Additionally, the Secretary may choose to prioritize 
Action Plan Grants that are developing or completing an Action Plan 
over Action Plan Grant applications focused on supplemental action plan 
activities because an Action Plan is a prerequisite to applying for 
Implementation Grants in future NOFOs.
(b) Implementation Grant Senior Review Team Phase
    Once every Implementation Grant application has been assigned an 
overall rating based on the methodology above, all ``Highly 
Recommended'' applications will be included in a list of Applications 
for Consideration. The SRT will review whether the list of ``Highly 
Recommended'' applications is sufficient to ensure that no more than 15 
percent of the FY 2022 funds made available are awarded to eligible 
applicants in a single State. ``Recommended'' applications may be added 
to the proposed list of Applications for Consideration until a 
sufficient number of applications are on the list to ensure that all 
the legislative requirements can be met and funding would be fully 
awarded. ``Recommended'' applications with a ``High'' Safety Impact 
Criterion rating will be prioritized and considered first. If that 
produces an insufficient list, ``Recommended'' applications with a 
``Medium'' Safety Impact Criterion rating and a ``High'' rating for the 
Equity, Engagement, and Collaboration Criterion will also be 
considered. The SRT will also review all ``Highly Recommended'' 
applications that received an ``Unlikely'' project readiness rating, 
and either remove those applicants from the Applications for 
Consideration, OR recommend a reduced scope to minimize the risk the 
applicant will not complete the scope of work within five years of the 
grant agreement execution.
    Additionally, to ensure the funding awards align to the extent 
practicable to the program goal of equitable investment in the safety 
needs of underserved communities, the SRT may review ``Recommended'' 
applications and set a threshold based on the percentage of funds that 
will be spent in, and provide safety benefits to, locations within 
underserved communities. Any ``Recommended'' applications at or above 
that threshold will be included in the proposed list of Applications 
for Consideration.
    For each grant type, the SRT will present the list of Applications 
for Consideration to the Secretary, either collectively or through a 
representative of the SRT. The SRT may advise the Secretary on any 
application on the list of Applications for Consideration, including 
options for reduced awards, and the Secretary makes final selections. 
The Secretary's selections identify the applications that best address 
program requirements and are most worthy of funding.

3. Additional Information

    Prior to entering into a grant agreement, each selected applicant 
will be subject to a risk assessment as required by 2 CFR 200.206. The 
Department must review and consider any information about the applicant 
that is in the designated integrity and performance system accessible 
through SAM (currently the Federal Awardee Performance and Integrity 
Information System (FAPIIS)). An applicant may review information in 
FAPIIS and comment on any information about itself that a Federal 
awarding agency previously entered. The Department will consider 
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.
    Because award recipients under this program may be first-time 
recipients of Federal funding, DOT is committed to implementing the 
program as flexibly as permitted by statute and to providing assistance 
to help award recipients through the process of securing a grant 
agreement and delivering both Action Plan activities and Implementation 
Grant projects and strategies. Award recipients are encouraged to 
identify any needs for assistance in delivering the Implementation 
Grant projects and strategies so that DOT can provide directly, or 
through a third party, sufficient support and technical

[[Page 31624]]

assistance to mitigate potential execution risks.

F. Federal Award Administration Information

1. Federal Award Notices

    Following the evaluation outlined in Section E, the Secretary will 
announce awarded applications by posting a list of selected recipients 
at www.transportation.gov/SS4A. The posting of the list of selected 
award recipients will not constitute an authorization to begin 
performance. Following the announcement, the Department will contact 
the point of contact listed in the SF-424 to initiate negotiation of a 
grant agreement.

2. Administrative and National Policy Requirements

i. Equity and Barriers to Opportunity
    Each applicant selected for SS4A grant funding must demonstrate 
effort to improve equity and reduce barriers to opportunity as 
described in Section A. Award recipients that have not sufficiently 
addressed equity and barriers to opportunity in their planning, as 
determined by the Department, will be required to do so before 
receiving funds, consistent with Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (86 FR 7009).\28\
---------------------------------------------------------------------------

    \28\ An illustrative example of how these requirements are 
applied to recipients can be found here: https://cms.buildamerica.dot.gov/buildamerica/financing/infra-grants/infra-fy21-fhwa-general-terms-and-conditions.
---------------------------------------------------------------------------

ii. Labor and Workforce
    Each applicant selected for SS4A grant funding must demonstrate, to 
the full extent possible consistent with the law, an effort to create 
good-paying jobs with the free and fair choice to join a union and 
incorporation of high labor standards as described in Section A. To the 
extent that applicants have not sufficiently considered job quality and 
labor rights in their planning, as determined by the Department of 
Labor, the applicants will be required to do so before receiving funds, 
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).
    As expressed in section A, equal employment opportunity is an 
important priority. The Department wants to ensure that sponsors have 
the support they need to meet requirements under E.O. 11246, Equal 
Employment Opportunity (30 FR 12319, and as amended). All Federally 
assisted contractors are required to make good faith efforts to meet 
the goals of 6.9 percent of construction project hours being performed 
by women and goals that vary based on geography for construction work 
hours and for work being performed by people of color.\29\ Projects 
over $35 million shall meet the requirements in Executive Order 14063, 
Use of Project Labor Agreements for Federal Construction Projects (87 
FR 7363).
---------------------------------------------------------------------------

    \29\ https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf.
---------------------------------------------------------------------------

    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) has a Mega Construction Project Program 
through which it engages with project sponsors as early as the design 
phase to help promote compliance with non-discrimination and 
affirmative action obligations. Through the program, OFCCP offers 
contractors and subcontractors extensive compliance assistance, 
conducts compliance evaluations, and helps to build partnerships 
between the project sponsor, prime contractor, subcontractors, and 
relevant stakeholders. OFCCP will identify projects that receive an 
award under this notice and are required to participate in OFCCP's Mega 
Construction Project Program from a wide range of federally assisted 
projects over which OFCCP has jurisdiction and that have a project cost 
above $35 million. DOT will require project sponsors with costs above 
$35 million that receive awards under this funding opportunity to 
partner with OFCCP, if selected by OFCCP, as a condition of their DOT 
award. Under that partnership, OFCCP will ask these project sponsors to 
make clear to prime contractors in the pre-bid phase that project 
sponsor's award terms will 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.
iii. Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats. Each applicant selected for SS4A grant 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 activities. Award 
recipients that have not appropriately considered and addressed 
physical and cyber security and resilience in their planning, design, 
and oversight, as determined by the Department and the Department of 
Homeland Security, will be required to do so before receiving 
Implementation Grant funds for construction, consistent with 
Presidential Policy Directive 21, Critical Infrastructure Security and 
Resilience and the National Security Presidential Memorandum on 
Improving Cybersecurity for Critical Infrastructure Control Systems. 
Additionally, funding recipients must be in compliance with 2 CFR 
200.216 and the prohibition on certain telecommunications and video 
surveillance services or equipment.
    Award recipients shall also consider whether projects in 
floodplains are upgraded consistent with the Federal Flood Risk 
Management Standard, to the extent consistent with current law, in 
Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), 
and Executive Order 13690, Establishing a Federal Flood Risk Management 
Standard and a Process for Further Soliciting and Considering 
Stakeholder Input (80 FR 6425).
iv. National Environmental Policy Act of 1969 (NEPA)
    Funding recipients must comply with NEPA under 42 U.S.C. 4321 et 
seq. and the Council on Environmental Quality's NEPA implementing 
regulations at 40 CFR 1500-1508, where applicable.
v. Other Administrative and Policy Requirements
    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR 200, subpart F, as adopted by the 
Department at 2 CFR 1201. Additionally, as permitted under the 
requirements described above, applicable Federal laws, rules, and 
regulations of the relevant operating administration (e.g., the Federal 
Highway Administration, etc.) administering the activities will apply 
to the activities that receive SS4A grants, including planning 
requirements, Stakeholder Agreements, and other requirements under the 
Department's other highway and transit grant programs. DOT anticipates 
grant recipients to have varying levels of experience administering 
Federal funding agreements and complying with Federal requirements, and 
DOT will

[[Page 31625]]

take a risk-based approach to SS4A program grant agreement 
administration to ensure compliance with all applicable laws and 
regulations.
    The Department will also provide additional technical assistance 
and support resources to first-time DOT funding recipients and those 
who request additional support, as appropriate. With respect to highway 
projects, except as otherwise noted in this NOFO, please note that 
these grants are not required to be administered under Title 23 of the 
U.S.C., which establishes requirements that are generally applicable to 
funding that is provided by formula to State departments of 
transportation.\30\ Therefore, the administration and implementation of 
SS4A grants should be more streamlined for the entities that are 
eligible for SS4A awards.
---------------------------------------------------------------------------

    \30\ Please note that some title 23 requirements apply 
regardless of funding source. In particular, projects involving 
routes on the National Highway System must meet the applicable 
design standards at 23 CFR part 625.
---------------------------------------------------------------------------

    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 maximize, consistent with law, the 
use of goods, products, and materials produced in, and services offered 
in, the United States. Infrastructure projects are subject to the Build 
America, Buy America Act (Pub. L. No 117-58, div. G Sec. Sec.  70901-
70927) as clarified in OMB Memorandum M-22-11.\31\ The Department 
expects all recipients to be able to complete their projects without 
needing a waiver. However, to obtain a waiver, a recipient must be 
prepared to demonstrate how they will maximize the use of domestic 
goods, products, and materials in constructing their project. Projects 
under this notice will be subject to the domestic preference 
requirements at Sec.  70914 of the Build America, Buy America Act, as 
implemented by OMB, and any awards will contain the award terms 
specific in M-22-11.
---------------------------------------------------------------------------

    \31\ Public Law 117-58, division. G, Title IX, Subtitle A, 135 
Stat. 429, 1298 (2021). For additional information on Sec.  70914, 
see OMB-22-11. https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf.
---------------------------------------------------------------------------

    SS4A award recipients should demonstrate compliance with civil 
rights obligations and nondiscrimination laws, including Titles VI of 
the Civil Rights Act of 1964, the Americans with Disabilities Act 
(ADA), and Section 504 of the Rehabilitation Act, and accompanying 
regulations. Recipients of Federal transportation funding will also be 
required to comply fully with regulations and guidance for the ADA, 
Title VI of the Civil Rights Act of 1964, Section 504 of the 
Rehabilitation Act of 1973, and all other civil rights requirements. 
Additionally, to the extent practicable, Implementation Grants must 
adhere to the proposed Public Rights-of-Way Accessibility 
Guidelines.\32\ The Department'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.
---------------------------------------------------------------------------

    \32\ https://www.access-board.gov/prowag/.
---------------------------------------------------------------------------

    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

i. Progress Reporting on Grant Activity
    Reporting responsibilities include quarterly program performance 
reports using the Performance Progress Report (SF-PPR) and quarterly 
financial status using the SF-425 (also known as the Federal Financial 
Report or SF-FFR).\33\
---------------------------------------------------------------------------

    \33\ https://www.grants.gov/forms/post-award-reporting-forms.html.
---------------------------------------------------------------------------

ii. Post Award Reporting Requirements/Reporting of Matters Related to 
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 in SAM that is made available in the designated 
integrity and performance system (currently the Federal Awardee 
Performance and Integrity Information System (FAPIIS)) about civil, 
criminal, or administrative proceedings described in paragraph 2 of 
this award term and condition. 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. Additionally, if 
applicable funding recipients must be in compliance with the audit 
requirements in 2 CFR 200, Subpart F.
iii. Program Evaluation
    As a condition of grant award, SS4A 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. The Department may require applicants to collect data 
elements to aid the evaluation. As a part of the evaluation, as a 
condition of award, grant recipients must agree to: (1) Make records 
available to the evaluation contractor; (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 sub-recipients 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 the effectiveness of their projects and 
strategies. Title I of the Foundations for Evidence-Based Policymaking 
Act of 2018 (Evidence Act), Public Law 115-435 (2019) urges Federal 
awarding agencies and Federal assistance recipients and sub-recipients 
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

[[Page 31626]]

programs, policies, and organizations intended to assess their 
effectiveness and efficiency'' (codified at 5 U.S.C. 311). For grant 
recipients, evaluation expenses are allowable costs (either as direct 
or indirect), unless prohibited by statute or regulation, and such 
expenses may include the personnel and equipment needed for data 
infrastructure and expertise in data analysis, performance, and 
evaluation (2 CFR 200).

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Office of the Secretary via email at <a href="/cdn-cgi/l/email-protection#396a6a0d78795d564d175e564f"><span class="__cf_email__" data-cfemail="207373146160444f540e474f56">[email protected]</span></a>. In addition, up to 
the application deadline, the Department will post answers to common 
questions and requests for clarifications on the Department's website 
at www.transportation.gov/SS4A. To ensure applicants receive accurate 
information about eligibility or the program, the applicant is 
encouraged to contact the Department directly, rather than through 
intermediaries or third parties, with questions. Department staff may 
also conduct briefings on the SS4A grant selection and award process 
upon request.

H. Other Information

1. Publication of Application Information

    Following the completion of the selection process and announcement 
of awards, the Department intends to publish a list of all applications 
received along with the names of the applicant organizations. 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.

2. Department Feedback on Applications

    The Department will not review applications in advance, but 
Department staff are available for technical questions and assistance. 
The deadline to submit technical questions is August 15, 2022. The 
Department strives to provide as much information as possible to assist 
applicants with the application process. Unsuccessful applicants may 
request a debrief up to 90 days after the selected funding recipients 
are publicly announced on transportation.gov/SS4A. Program staff will 
address questions to <a href="/cdn-cgi/l/email-protection#194a4a2d58597d766d377e766f"><span class="__cf_email__" data-cfemail="9ccfcfa8dddcf8f3e8b2fbf3ea">[email protected]</span></a> throughout the application period.

3. Rural Applicants

    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.

    Signed in Washington, DC, on May 16, 2022.
Christopher Coes,
Principal Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2022-11113 Filed 5-23-22; 8:45 am]
BILLING CODE 4910-9X-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>