41168 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 

3The average time per response will be remain at 

3 minutes per response since the modification made 

under BIL requirement is de minimis. 

4The current inventory exhibits a total burden of 

250 hours while the total burden of this notice is 

1,033 hours. The increase in burden hours is due 

to an anticipated increase in the number of 

responses. 

5For the value of the public’s time, FRA used an 

hourly rate of $27 per hour from the Department of 

Labor, Bureau of Labor Statistics (BLS). For law 

enforcement and first responder respondents, FRA 

used an hourly wage rate of $49.74 per hour that 

includes an average benefit rate of $20.87 from BLS’ 

Occupational Employment Statistics (OES) 33– 

3000, classified within NAICS 999200, State 

Government—excluding schools and hospitals. See 

https://www.bls.gov/oes/current/naics4_

999200.htm. For railroad respondents, FRA used an 

hourly wage rate of $77.44 that includes a 75- 

percent overhead charge from the Surface 

Transportation Board’s 2020 Full Year Wage A&B 

data series for railroad workers. 

6FRA adds this row in response to AAR’s 

comments that FRA should account for railroads’ 

estimated paperwork burdens in responding to 

FRA’s follow-up inquiries on blocked crossings. 

train may occupy a highway-rail grade 

crossing. Users are also notified that 

information submitted will not be 

forwarded to a railroad, State, or local 

agency, and will only being used for 

data collection purposes to determine 

the locations, times, and impacts of 

blocked crossings. 

On November 15, 2021, the BIL was 

enacted. In addition to mandating that 

FRA establish an online portal and 

corresponding database to receive 

information regarding blocked highwayrail grade crossings, section 22404 of 

BIL ‘‘encourages each complainant to 

report the blocked crossing to the 

relevant railroad.’’ Therefore, in 

preparation for this new statutory 

mandate, FRA proposes to modify the 

existing web-based forms by adding one 

question, ‘‘have you contacted the 

railroad?’’ Otherwise, the rest of the 

questions on the web-based forms will 

remain the same.3

Currently, there are no Federal laws 

or regulations that specifically address 

how long a train may occupy a crossing, 

whether stationary or operating at slow 

speeds. Some States and local 

municipalities have laws that vary in 

how long trains are permitted to occupy 

crossings. However, there are legitimate 

operational reasons why trains may 

block grade crossings, including trains 

stopping for compliance with Federal 

regulatory requirements (such as 

required safety tests and inspections). 

Therefore, some courts have found that 

State laws and regulations that address 

how long trains may occupy grade 

crossings have the effect of regulating 

aspects of railroad operations currently 

regulated by FRA and are thus 

preempted by the Federal railroad safety 

statutes and regulations. (See CSX 

Transp., Inc. v. City of Plymouth, 283 

F.3d 812 (6th Cir. 2002)). In addition, 

some courts have found State laws and 

regulations attempting to limit the time 

trains are permitted to occupy grade 

crossings to be preempted by the 

Interstate Commerce Commission 

Termination Act, which provides the 

Surface Transportation Board with 

broad jurisdiction over railroad 

operations. (See Elam v. Kansas City 

So., 635 F.3d 796 (5th Cir. 2011)). 

There are potential safety concerns 

with crossings that are blocked by 

trains. For instance, pedestrians may 

crawl under or through stationary trains. 

Also, emergency response vehicles and 

first responders may be delayed when 

responding to an incident or 

transporting persons to a hospital. In 

addition, drivers may take more risks, 

such as driving around lowered gates at 

a crossing or attempting to beat a train 

through a crossing without gates, in 

order to avoid a lengthy delay if they are 

aware that trains routinely block a 

crossing for extended periods of time. 

There are also potential economic 

impacts that affect businesses, such as 

stores or restaurants not being accessible 

to their customer base for an extended 

time period. Finally, highway-rail grade 

crossings that are blocked for extended 

time periods may create societal 

nuisances, such as roadway congestion, 

delayed mail service and deliveries, 

disrupted school and work arrival and 

dismissal, or missed appointments. 

Type of Request: Revision of a 

currently approved collection. 

Affected Public: Public individuals, 

law enforcement personnel, and first 

responders. 

Form(s): FRA F 6180.175. 

Respondent Universe: Public 

individuals, law enforcement personnel, 

and first responders. 

Frequency of Submission: On 

occasion. Reporting Burden: 

Section 4 Total annual 

responses 

Average time 

per response 

Total annual 

burden hours Total cost equivalent 

(A) (B) (C) = A * B (D) = C * wage rate 5

General public via the unrestricted form on the FRA website ..................................... 15,500 responses ... 3 minutes ........ 775 $20,925 

Law enforcement personnel (including first responders) via the limited access form 

on the FRA website.

350 responses ........ 3 minutes ........ 17.5 895 

Monthly meeting between FRA and Class I railroads on blocked crossings—Review 

of blocked crossings data from FRA’s blocked crossings portal 6.

12 meetings and reviews.20 hours .......... 240 18,586 

Total ....................................................................................................................... 15,862 responses ... N/A .................. 1,033 40,406 

Total Estimated Annual Responses: 

15,862. 

Total Estimated Annual Burden: 

1,033 hours. 

Total Estimated Annual Burden Hour 

Dollar Cost Equivalent: $40,406. 

FRA informs all interested parties that 

it may not conduct or sponsor, and a 

respondent is not required to respond 

to, a collection of information that does 

not display a currently valid OMB 

control number. 

Authority: 44 U.S.C. 3501–3520. 

Allison Ishihara Fultz, 

Chief Counsel. 

[FR Doc. 2022–14710 Filed 7–8–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

FY 2022 Competitive Funding 

Opportunity: Passenger Ferry Grant 

Program, Electric or Low-Emitting 

Ferry Pilot Program, and Ferry Service 

for Rural Communities Program 

AGENCY: Federal Transit Administration 

(FTA), U.S. Department of 

Transportation (DOT). 

ACTION: Notice of Funding Opportunity 

(NOFO). 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 41169 

SUMMARY: The Federal Transit 

Administration (FTA) announces the 

opportunity to apply for $294.5 million 

in competitive grants under the Fiscal 

Year (FY) 2022 Passenger Ferry Grant 

Program (Passenger Ferry Program), 

Electric or Low-Emitting Ferry Pilot 

Program (Low-No Ferry Program), and 

Ferry Service for Rural Communities 

Program (Rural Ferry Program). Of the 

amount being made available, $36.5 

million is for the Passenger Ferry 

Program, $49 million is for the Low-No 

Ferry Program, and approximately $209 

million is for the Rural Ferry Program. 

While applicants can choose to apply 

for only one grant program, this 

combined solicitation will allow 

applicants to submit one application to 

multiple programs. FTA may award 

additional funding made available to the 

program prior to the announcement of 

project selections. 

DATES: Complete proposals must be 

submitted electronically through the 

GRANTS.GOV ‘‘APPLY’’ function by 

11:59 p.m. Eastern time, September 6, 

2022. Prospective applicants should 

initiate the process by promptly 

registering on the GRANTS.GOV 

website to ensure completion of the 

application process before the 

submission deadline. Instructions for 

applying can be found on FTA’s website 

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

grants/applying/applying-fta-funding 

and in the ‘‘FIND’’ module of 

GRANTS.GOV. The funding 

opportunity ID for the Passenger Ferry 

Program is FTA–2022–006–TPM– 

FERRY, the funding opportunity ID for 

the Electric or Low-Emitting Ferry Pilot 

Program is FTA–2022–007–TPM– 

FERRYPILOT, and the funding 

opportunity ID for the Rural Ferry 

Program is FTA–2022–008–TPM– 

FERRYRURAL. Mail and fax 

submissions will not be accepted. 

FOR FURTHER INFORMATION CONTACT: 

FTAFerryPrograms@dot.gov or Vanessa 

Williams, FTA Office of Program 

Management, (202) 366–4818, or Sarah 

Clements, FTA Office of Program 

Management, (202) 366–3062. 

Table of Contents 

A. Program Description 

B. Federal Award Information 

C. Eligibility Information 

D. Application and Submission Information 

E. Application Review Information 

F. Federal Award Administration 

Information 

G. Federal Awarding Agency Contacts 

H. Other Information 

A. Program Description 

This is a joint NOFO and announces 

the availability of FY 2022 funding for 

the Passenger Ferry Grant Program 

(Passenger Ferry Program), Electric or 

Low-Emitting Ferry Pilot Program (LowNo Ferry Program), and Ferry Service 

for Rural Communities Program (Rural 

Ferry Program). All programs can be 

found in Federal Assistance Listing: 

20.532. 

Federal public transportation law (49 

U.S.C. 5307(h)) authorizes FTA to award 

grants for passenger ferries through a 

competitive process. The Passenger 

Ferry Program provides funding to 

designated recipients and direct 

recipients under FTA’s Urbanized Area 

Formula Program, as well as public 

entities engaged in providing public 

transportation passenger ferry service in 

urban areas that are eligible to be direct 

recipients. Projects funded under the 

program will improve the condition and 

quality of existing passenger ferry 

services, support the establishment of 

new passenger ferry services, and repair 

and modernize ferry boats, terminals, 

and related facilities and equipment. 

Section 71102 of the Bipartisan 

Infrastructure Law (BIL) (enacted as the 

Infrastructure Investment and Jobs Act, 

Pub. L. 117–58) authorizes FTA to 

award grants for electric or low-emitting 

ferries through a competitive process, as 

described in this notice. The Low-No 

Ferry Program is available to any 

eligible designated or direct recipient of 

FTA’s Urbanized Area Formula Program 

or Formula Grants for Rural Areas 

funding, including States (including 

territories and Washington, DC), local 

governmental authorities, and tribal 

governments. Grants will be awarded 

under this program for the purchase of 

electric or low-emitting ferries, the 

electrification of or other reduction of 

emissions from existing ferries, and 

related charging or other fueling 

infrastructure (for which the applicants 

will maintain satisfactory continuing 

control) to reduce emissions or produce 

zero onboard emissions under normal 

operation. 

Section 71103 of the BIL authorizes 

FTA to award grants for the Rural Ferry 

Program through a competitive process, 

as described in this notice. The Rural 

Ferry Program provides funding for 

capital, operating, and planning 

expenses to States and territories for 

ferry service to rural areas. Projects 

funded under this program will support 

ferry transportation service that 

operated a regular schedule at any time 

during the five-year period from March 

1, 2015, to March 1, 2020, and includes 

at least one route segment of at least 50 

sailing (nautical) miles between two 

rural areas. The Consolidated 

Appropriations Act, 2022 (Pub. L. 117– 

103) provided an additional $12,965,000 

for ferry service that serves at least two 

rural areas with a single route segment 

over 20 miles between the two rural 

areas and is not otherwise eligible under 

the Passenger Ferry Program, meaning it 

does not serve an urbanized area. 

FTA recognizes that passenger ferries 

provide critical and cost-effective 

transportation links throughout the 

United States but face a critical backlog 

of state of good repair and safety 

investments. These programs support 

FTA’s priorities and objectives through 

investments that (1) renew our transit 

systems, (2) reduce greenhouse gas 

emissions from public transportation, 

(3) advance racial equity, (4) maintain 

and create good-paying jobs with a free 

and fair choice to join a union, and (5) 

connect communities. These programs 

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). 

In addition, this NOFO will advance the 

goals of the President’s January 20, 

2021, Executive Order 14008, Tackling 

the Climate Crisis at Home and Abroad 

and Executive Order 13985, Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government. 

B. Federal Award Information 

Federal public transportation law (49 

U.S.C. 5307(h)) authorizes $30 million 

in FY 2022 contract authority funds for 

competitive grants under the Passenger 

Ferry Program. Additionally, the 

Consolidated Appropriations Act of 

2022 appropriated an additional $6.5 

million. Of that latter amount, $3.25 

million is available only for low or zeroemission ferries or ferries using electric 

battery or fuel cell components and the 

infrastructure to support such ferries. 

FTA may award additional funding 

made available to the program prior to 

the announcement of project selections. 

In FY 2021, FTA received 24 project 

proposals to the Passenger Ferry 

Program from 11 States and territories 

requesting $114 million in Federal 

funds. Eleven projects were funded at a 

total of $45.2 million, using a 

combination of funding from FY 2021 

and funding remaining from prior year 

appropriations. 

Division J of the BIL provides an 

advance appropriation of $50 million in 

FY 2022 funds for competitive grants 

under the Low-No Ferry Program. Of 

that amount $995,000 is for FTA 

oversight, $5,000 is transferred to the 

DOT Office of the Inspector General 

(OIG), and $49 million is available for 

award. 


khammond on DSKJM1Z7X2PROD with NOTICES
41170 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 

Division J of the BIL provides an 

advance appropriation of $200 million 

in FY 2022 funds for the Rural Ferry 

Program. Of that amount $3,980,000 is 

for FTA oversight, $20,000 is transferred 

to the OIG, and $196 million is available 

for award. Additionally, the FY 2022 

Consolidated Appropriations Act 

appropriated an additional $12,965,000 

that may be allocated to passenger ferry 

service that serves at least two rural 

areas with a single segment over 20 

miles between the two rural areas and 

that is not otherwise eligible for funding 

under the Passenger Ferry Program. 

FTA will grant pre-award authority to 

incur costs for selected projects 

beginning on the date the FY 2022 

project selections are announced on 

FTA’s website. Funds are available for 

obligation for five years after the fiscal 

year in which the awards are 

announced. Funds are available only for 

projects that have not already incurred 

costs prior to the announcement of 

project selections. 

C. Eligibility Information 

1. Eligible Applicants 

SUMMARY TABLE

Program Eligible applicants 

Passenger Ferry Program .............. 1. Designated Recipients of Section 5307 Funding. 

2. Direct Recipients of Section 5307 Funding. 

3. Public Entities engaged in providing public transportation passenger ferry service in urban areas that are 

eligible to be a Direct Recipient. 

Low-No Ferry Program ................... 1. Designated Recipients of Section 5307 Funding. 

2. Direct Recipients of Section 5307 Funding. 

3. Public Entities engaged in providing public transportation passenger ferry service in urban areas that are 

eligible to be a Direct Recipient. 

4. States and Territories. 

5. Tribal Governments. 

Rural Ferry Program ....................... 1. States and Territories. 

Eligible applicants for the Passenger 

Ferry Program are: (1) designated 

recipients as defined in FTA Circular 

‘‘Urbanized Area Formula Program: 

Program Guidance and Application 

Instructions’’ (FTA.C.9030.1E) and (2) 

direct recipients of FTA’s Urbanized 

Area Formula Grants, as well as public 

entities engaged in providing public 

transportation passenger ferry service in 

urban areas that are eligible to be direct 

recipients. 

Eligible applicants for the Low-No 

Ferry Program are any eligible recipient 

of Section 5307 or Section 5311 

funding. Eligible Section 5307 

recipients are the same as for the 

Passenger Ferry Program: (1) designated 

recipients as defined in FTA Circular 

‘‘Urbanized Area Formula Program: 

Program Guidance and Application 

Instructions’’ (FTA.C.9030.1E) and (2) 

direct recipients of FTA’s Urbanized 

Area Formula Grants, as well as public 

entities engaged in providing public 

transportation passenger ferry service in 

urban areas that are eligible to be direct 

recipients. Eligible Section 5311 

recipients are States or Territories or 

Tribal governments. In addition, as 

required by statute, before the 

conclusion of the grant competition that 

utilizes FY 2026 funds, FTA must 

select: (1) at least one project from a 

ferry service that serves the State with 

the largest number of Marine Highway 

System miles, and (2) at least one 

project for a bi-State ferry service with 

an aging fleet and whose development 

of zero- and low-emission power source 

ferries will propose to advance the state 

of the technology toward increasing the 

range and capacity of zero-emission 

power source ferries. If an applicant’s 

ferry service operates in the State with 

the largest number of Marine Highway 

System miles or is a bi-State ferry 

service (a ferry service that serves two 

states) with an aging fleet and whose 

development of zero- and low-emission 

power source ferries will propose to 

advance the state of the technology 

toward increasing the range and 

capacity of zero-emission power source 

ferries, the applicant must identify 

themselves as such and submit 

documentation demonstrating those 

operating characteristics. 

Eligible applicants for the Rural Ferry 

Program are States and Territories in 

which eligible service is operated. For 

the $196 million made available under 

Division J of the BIL, eligible service 

includes passenger ferry service that 

operated a regular schedule at any time 

between March 1, 2015, and March 1, 

2020, and operated at least one segment 

between two rural areas located more 

than 50 sailing (nautical) miles apart. 

FTA defines a regular schedule as a 

published schedule for either seasonal 

or annual ferry service. For the 

$12,965,000 appropriated in the 

Consolidated Appropriations Act, 2022, 

eligible service also includes any 

passenger ferry service that operated a 

regular schedule at any time between 

March 1, 2015, and March 1, 2020, and 

operated at least one segment more than 

20 sailing (nautical) miles between two 

rural areas. Applicants must document 

their eligibility for the Rural Ferry 

Program by providing the following: 

(A) Documentation such as dated and 

published sailing schedules to 

demonstrate the operation of regular 

scheduled service at any time during the 

five-year period ending March 1, 2020. 

(B) Documentation such as route 

maps to demonstrate provision of 

service for at least one direct segment 

between two rural areas that meet the 

distance requirements described above 

(either at least 50 or 20 nautical sailing 

miles) during the five-year period 

ending March 1, 2020. 

FTA will confirm the segment length 

based upon data reported to the 

National Census of Ferry Operators 

maintained by the Bureau of 

Transportation Statistics. 

An eligible applicant that does not 

currently have an active grant with FTA 

will, upon selection, be required to 

work with an FTA regional office to 

establish its organization as an active 

grant recipient. This process may 

require additional documentation to 

support the organization’s technical, 

financial, and legal capacity to receive 

and administer Federal funds under this 

program. 

2. Cost Sharing or Matching 

a. The maximum Federal share for 

capital projects selected under each 

program is 80 percent of the net project 

cost, with the exceptions described in 

paragraphs b and c below, per 49 U.S.C. 

5323. The maximum Federal share for 

operating projects selected under the 

Rural Ferry Program is 50 percent. The 

maximum Federal share for planning 

projects selected under the Rural Ferry 

Program is 80 percent. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 41171 

b. The maximum Federal share is 85 

percent of the net project cost of 

acquiring vehicles (including clean-fuel 

or alternative fuel vehicles) for purposes 

of complying with or maintaining 

compliance with the Clean Air Act 

(CAA) or the Americans with 

Disabilities Act (ADA) of 1990. 

c. The maximum Federal share is 90 

percent of the net project cost of 

acquiring, installing, or constructing 

vehicle-related equipment or facilities 

(including clean fuel or alternative-fuel 

vehicle-related equipment or facilities) 

for purposes of complying with or 

maintaining compliance with the ADA 

or CAA. The award recipient must 

itemize the cost of specific, discrete, 

vehicle-related equipment associated 

with compliance with the ADA or CAA 

to be eligible for the maximum 90 

percent Federal share for these costs. 

Eligible sources of non-Federal 

matching funds include: 

i. Cash from non-governmental 

sources other than revenues from 

providing the ferry services (such as fare 

revenues, vehicle, or cargo charges, 

etc.); 

ii. Non-farebox revenues from the 

operation of public transportation 

service, such as the sale of advertising 

and concession revenues; 

iii. Monies received under a service 

agreement with a State or local social 

service agency or private social service 

organization; 

iv. Undistributed cash surpluses, 

replacement or depreciation cash funds, 

reserves available in cash, or new 

capital; 

v. Amounts appropriated or otherwise 

made available to a department or 

agency of the Government (other than 

the U.S. Department of Transportation), 

that are eligible to be expended for 

public transportation; 

vi. In-kind contributions integral to 

the project; 

vii. Revenue bond proceeds for a 

capital project, with prior FTA 

approval; and 

viii. Transportation Development 

Credits (formerly referred to as Toll 

Revenue Credits). 

If an applicant proposes a Federal 

share greater than 80 percent, the 

applicant must clearly explain why the 

project is eligible for the proposed 

Federal share. 

3. Eligible Projects 

SUMMARY TABLE

Program Eligible projects 

Passenger Ferry Program .............. 1. Capital Projects—purchase, construction, replacement, or rehabilitation of ferries, terminals, related infrastructure and related equipment (including electric or low-emitting ferry vessels and related infrastructure). 

Low-No Ferry Program ................... 1. Capital Projects—purchase of electric or low-emitting ferry vessels and related infrastructure. 

Rural Ferry Program ....................... 1. Capital Projects—purchase, construction, replacement, or rehabilitation of ferries, terminals, related infrastructure and related equipment (including electric or low-emitting ferry vessels and related infrastructure). 

2. Planning Projects—for rural ferry service only. 

3. Operating Projects—for rural ferry service only. 

3A. Passenger Ferry Program—Eligible 

Projects 

Under the Passenger Ferry Program, 

eligible projects are capital projects for 

the purchase, construction, 

replacement, or rehabilitation of ferries, 

terminals, related infrastructure, and 

related equipment (including fare 

equipment and communication 

devices). Projects are required to 

support a passenger ferry service that 

serves an urbanized area, and may 

include services that operate between an 

urbanized area and non-urbanized areas. 

Ferry systems that accommodate cars 

must also accommodate walk-on 

passengers to be eligible for funding. 

Operating costs and planning projects 

are not eligible. 

Under the Passenger Ferry Program 

only, recipients are permitted to use up 

to 0.5 percent of their grant award to 

pay for not more than 80 percent of the 

cost for workforce development 

activities eligible under Federal public 

transportation law (49 U.S.C 5314(b)) 

and an additional 0.5 percent for costs 

associated with training at the National 

Transit Institute. Applicants must 

identify the proposed use of funds for 

these activities in the project proposal 

and identify them separately in the 

project budget. 

3B. Low-No Ferry Program—Eligible 

Projects 

Under the Low-No Ferry Program, 

eligible projects are capital projects for 

the purchase of electric or low-emitting 

ferry vessels that reduce emissions by 

using alternative fuels or on-board 

energy storage systems and related 

charging infrastructure or other fueling 

infrastructure to reduce emissions or 

produce zero onboard emissions under 

normal operation. Ferry systems that 

accommodate cars must also 

accommodate walk-on passengers to be 

eligible for funding. Operating costs and 

planning projects are not eligible. 

Alternative fuel means: 

(A) methanol, denatured ethanol, and 

other alcohols; 

(B) a mixture containing at least 85 

percent of methanol, denatured ethanol, 

and other alcohols by volume with 

gasoline or other fuels; 

(C) natural gas; 

(D) liquefied petroleum gas; 

(E) hydrogen; 

(F) fuels (except alcohol) derived from 

biological materials; and 

(G) electricity (including electricity 

from solar energy). 

3C. Rural Ferry Program—Eligible 

Projects 

Under the Rural Ferry Program, 

eligible projects are capital, operating, 

or planning assistance. Eligible capital 

projects include the purchase, 

construction, replacement, or 

rehabilitation of ferries, terminals, 

related infrastructure, and related 

equipment (including fare equipment 

and communication devices). Only net 

operating expenses are eligible for 

assistance. Net operating expenses are 

those expenses that remain after the 

provider subtracts operating revenues 

from eligible operating expenses. States 

may further define what constitutes 

operating revenues, but, at a minimum, 

operating revenues must include 

farebox revenues and other fees 

generated directly by the ferry service 

such as vehicle fares, cargo fees, and 

cabin fees. Farebox revenues are fares 

paid by riders, including those who are 

later reimbursed by a human service 

agency or other user-side subsidy 

arrangement. For more information 

please see FTA Circular 9040.1G at 

https://www.transit.dot.gov/regulationsand-guidance/fta-circulars/formulagrants-rural-areas-program-guidanceand-application. Eligible projects are 


khammond on DSKJM1Z7X2PROD with NOTICES
41172 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 

not required to be implemented on the 

same route segments that resulted in 

applicant eligibility (e.g., the project 

need not be implemented on a segment 

of more than 20 or 50 sailing (nautical) 

miles). Ferry systems that accommodate 

cars must also accommodate walk-on 

passengers to be eligible for funding. 

D. Application and Submission 

Information 

1. Address To Request Application 

Package 

Applications must be submitted 

electronically through GRANTS.GOV. 

General information for accessing and 

submitting applications through 

GRANTS.GOV can be found at 

www.fta.dot.gov/howtoapply along with 

specific instructions for the forms and 

attachments required for submission. 

Mail or fax submissions will not be 

accepted. The required SF–424 

Application for Federal Assistance can 

be downloaded from GRANTS.GOV and 

the required supplemental form can be 

downloaded from GRANTS.GOV or the 

FTA website at: https://

www.transit.dot.gov/grants/fta-ferryprograms. 

2. Content and Form of Application 

Submission 

a. Proposal Submission 

A complete proposal submission 

consists of two forms: (1) the SF–424 

Application for Federal Assistance; and 

(2) the FY 2022 Passenger Ferry 

Program, Low-No Ferry Program, and 

Rural Ferry Program supplemental form. 

An application eligible under the LowNo Ferry Program may also be eligible 

under either the Passenger Ferry 

Program or Rural Ferry Program. If an 

applicant is applying to multiple 

programs, they must submit the 

application materials through the 

GRANTS.GOV opportunity ID’s listed 

for each program. If an applicant is 

submitting different proposals to 

different programs, the applicant must 

submit an application for each project to 

each program separately. The 

supplemental form and any supporting 

documents must be attached to the 

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

The application must include responses 

to all sections of the SF–424 

Application for Federal Assistance and 

the supplemental form, unless 

designated as optional. The information 

on the supplemental form will be used 

to determine applicant and project 

eligibility for the program, and to 

evaluate the proposal against the 

selection criteria described in part E of 

this notice. Failure to submit the 

information as requested can delay 

review or disqualify the application. 

FTA will accept only one 

supplemental form per SF–424 

submission. FTA encourages States and 

other applicants to consider submitting 

a single supplemental form that 

includes multiple activities as one 

project to be evaluated as a consolidated 

proposal. If a State or other applicant 

chooses to submit separate proposals for 

individual consideration by FTA, each 

proposal must be submitted using a 

separate SF–424 and supplemental 

form. 

Applicants may attach additional 

supporting information to the SF–424 

submission, including but not limited to 

documentation supporting the 

applicant’s eligibility for the grant 

programs, letters of support, project 

budgets, fleet status reports, or excerpts 

from relevant planning documents. 

Supporting documentation should be 

described and referenced by file name 

in the appropriate response section of 

the supplemental form, or it may not be 

reviewed. 

Information such as applicant name, 

Federal amount requested, local match 

amount, and description of areas served 

may be requested in varying degrees of 

detail on both the SF–424 and 

supplemental form. Applicants must fill 

in all fields unless otherwise stated on 

the forms. Applicants should not place 

N/A or ‘‘refer to attachment’’ in lieu of 

typing in responses in the field sections. 

If information is copied into the 

supplemental form from another source, 

applicants should verify that pasted text 

is fully captured on the supplemental 

form and has not been truncated by the 

character limits built into the form. 

Applicants should use both the ‘‘Check 

Package for Errors’’ and the ‘‘Validate 

Form’’ validation buttons on both forms 

to check all required fields on the forms, 

and ensure that the Federal and local 

amounts specified are consistent. 

b. Application Content 

The SF–424 Application for Federal 

Assistance and the supplemental form 

will prompt applicants for the required 

information: 

a. Applicant name 

b. Unique entity identifier (generated by 

SAM.GOV) 

c. Key contact information (including 

contact name, address, email address, 

and phone) 

d. Congressional district(s) in which 

project is located 

e. Project information (including title, 

executive summary, and type) 

f. A detailed description of the need for 

the project 

g. A detailed description of how the 

project will support the program 

objectives 

h. Evidence that the project is consistent 

with local and regional planning 

objectives 

i. Evidence that the applicant can 

provide the non-Federal cost share 

j. A description of the technical, legal, 

and financial capacity of the applicant 

k. A detailed project budget 

l. An explanation of the scalability of 

the project 

m. Details on the non-Federal matching 

funds 

n. A detailed project timeline 

3. Unique Entity Identifier and System 

for Award Management (SAM) 

Each applicant is required to: (1) be 

registered in SAM before submitting an 

application; (2) provide a valid unique 

entity identifier in its application; and 

(3) continue to maintain an active SAM 

registration with current information at 

all times during which the applicant has 

an active Federal award or an 

application or plan under consideration 

by FTA. FTA may not make an award 

until the applicant has complied with 

all applicable unique entity identifier 

and SAM requirements. If an applicant 

has not fully complied with the 

requirements by the time FTA is ready 

to make an award, FTA may determine 

that the applicant is not qualified to 

receive an award and use that 

determination as a basis for making a 

Federal award to another applicant. 

These requirements do not apply if the 

applicant has an exception approved by 

FTA or the U.S. Office of Management 

and Budget under 2 CFR 25.110(c) or 

(d). 

All applicants must provide a unique 

entity identifier provided by SAM. 

Registration in SAM may take as little 

as 3–5 business days, but since there 

could be unexpected steps or delays (for 

example, if there is a need to obtain an 

Employer Identification Number), FTA 

recommends allowing ample time, up to 

several weeks, for completion of all 

steps. For additional information on 

obtaining a unique entity identifier, 

please visit http://www.sam.gov. 

4. Submission Dates and Times 

Project proposals must be submitted 

electronically through GRANTS.GOV by 

11:59 p.m. Eastern Time on September 

6, 2022. GRANTS.GOV attaches a time 

stamp to each application at the time of 

submission. Mail and fax submissions 

will not be accepted. 

FTA urges applicants to submit 

applications at least 72 hours prior to 

the deadline to allow time to correct any 

problems that may have caused either 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 41173 

GRANTS.GOV or FTA systems to reject 

the submission. Proposals submitted 

after the deadline will be considered 

only if lateness was due to extraordinary 

circumstances not under the applicant’s 

control. Deadlines will not be extended 

due to scheduled website maintenance. 

GRANTS.GOV scheduled maintenance 

and outage times are announced on the 

GRANTS.GOV website. 

Within 48 hours after submitting an 

electronic application, the applicant 

should receive an email message from 

GRANTS.GOV with confirmation of 

successful transmission to 

GRANTS.GOV. If a notice of failed 

validation or incomplete materials is 

received, the applicant must address the 

reason for the failed validation, as 

described in the email notice, and 

resubmit before the submission 

deadline. If making a resubmission for 

any reason, include all original 

attachments regardless of which 

attachments were updated and check 

the box on the supplemental form 

indicating this is a resubmission. 

Applicants are encouraged to begin 

the process of registration on the 

GRANTS.GOV site well in advance of 

the submission deadline. Registration is 

a multi-step process, which may take 

several weeks to complete before an 

application can be submitted. Registered 

applicants may still be required to take 

steps to keep their registration up to 

date before submissions can be made 

successfully: (1) registration in SAM is 

renewed annually; and (2) persons 

making submissions on behalf of the 

Authorized Organization Representative 

(AOR) must be authorized in 

GRANTS.GOV by the AOR to make 

submissions. 

5. Funding Restrictions 

Funds made available under the 

Passenger Ferry Program and Low-No 

Ferry Programs may not be used to fund 

operating expenses, planning, or 

preventive maintenance. Any project 

under those programs that does not 

include the purchase, construction, 

replacement, or rehabilitation of ferries, 

terminals, related infrastructure, or 

related equipment is not eligible. 

Applicants to the Rural Ferry Program 

may apply for capital, operating, or 

planning assistance. 

Funds made available under this 

NOFO cannot be used to reimburse 

applicants for otherwise eligible 

expenses incurred prior to the posting of 

project selections on FTA’s website and 

the corresponding issuance of pre-award 

authority. Allowable direct and indirect 

expenses must be consistent with the 

Government-wide Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards (2 CFR part 200) and 

FTA Circular 5010.1E. Additionally, as 

required by statute for the Low-No Ferry 

Program, prior to the conclusion of the 

grant competition using FY 2026 funds, 

FTA must select at least one project 

from a ferry service that serves the State 

with the largest number of Marine 

Highway System miles and at least one 

project from a bi-State ferry service with 

an aging fleet and whose development 

of zero- and low-emission power source 

ferries will propose to advance the state 

of the technology toward increasing the 

range and capacity of zero-emission 

power source ferries. 

As required by statute, an eligible 

ferry service that receives funds from a 

state under the Rural Ferry Program 

shall not be attributed to an urbanized 

area for purposes of apportioning funds 

under chapter 53 of Title 49, U.S. Code. 

In addition, an eligible service that 

receives funds from a State under the 

Rural Ferry Program shall not receive 

funds apportioned under Section 5336 

or 5337 of Title 49, United States Code, 

in the same fiscal year. 

6. Other Submission Requirements 

Applicants are encouraged to identify 

scaled funding options in case 

insufficient funding is available to fund 

a project at the full requested amount. 

If an applicant advises that a project is 

scalable, the applicant must provide an 

appropriate minimum funding amount 

that will fund an eligible project that 

achieves the objectives of the program 

and meets all relevant program 

requirements. The applicant must 

provide a clear explanation of how the 

project budget would be affected by a 

reduced award. FTA may award a lesser 

amount whether or not a scalable option 

is provided. 

E. Application Review Information 

1. Criteria 

Projects will be evaluated primarily 

on the responses provided in the 

supplemental form. Additional 

information may be provided to support 

the responses; however, any additional 

documentation must be directly 

referenced on the supplemental form, 

including the file name where the 

additional information can be found. 

FTA will evaluate project proposals 

based on the criteria described in this 

notice. 

a. Demonstration of Need 

Applications for capital expenses to 

the Passenger Ferry Program, Low-No 

Ferry Program, or Rural Ferry Program 

will be evaluated based on the quality 

and extent to which they demonstrate 

how the proposed project will address 

an unmet need for capital investment in 

passenger ferry vehicles, equipment, or 

facilities. FTA also will evaluate the 

project’s impact on service delivery and 

whether the project represents a onetime or periodic need that cannot 

reasonably be funded from FTA formula 

program allocations or State or local 

resources. In evaluating applications, 

FTA will consider, among other factors, 

certain project-specific criteria as 

outlined below: 

i. For vessel replacement or 

rehabilitation projects (including low or 

zero-emission ferries or electric and 

low-emitting ferries) 

• The age of the asset to be replaced 

or rehabilitated by the proposed project, 

relative to its useful life—those 

applicants that are already FTA grantees 

should reference the useful life 

benchmark for the vehicles to be 

replaced identified in their Transit 

Asset Management Plan and reported to 

the National Transit Database. 

• The condition of the asset to be 

replaced by the proposed project, as 

ascertained through inspections or 

otherwise, if available. 

ii. For facility infrastructure 

improvements or related-equipment 

acquisitions: 

• The age of the facility or equipment 

to be rehabilitated or replaced, relative 

to its useful life—those applicants that 

are already FTA grantees should 

reference whether the asset to be 

replaced has been identified in the 

investment prioritization of their Transit 

Asset Management Plan. 

• The degree to which the proposed 

project will enable the agency to 

improve the maintenance and condition 

of the agency’s fleet or related ferry 

assets. 

iii. For vessel or facility-related 

expansion or new service requests: 

• The degree to which the proposed 

project addresses a current capacity 

constraint that is limiting the ability of 

the agency to provide reliable service, 

meet ridership demands, or maintain 

vessels and related equipment. 

• The degree the proposed new 

service is supported by ridership 

demand. 

For operating projects under the Rural 

Ferry Program: 

• The degree to which the application 

addresses how additional operating 

resources will lead to more reliable or 

improved service, or meet additional 

service demands. 

• The financial need demonstrated by 

the applicant, including actual or 

projected need to maintain or initiate 

ferry service and a description of how 


khammond on DSKJM1Z7X2PROD with NOTICES
41174 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 

existing operating resources are 

insufficient to meet the need. 

• For expansion operating projects, 

projected ridership on the new service 

and the methodology used by the 

applicant to determine the projection. 

For planning projects under the Rural 

Ferry Program: 

• The degree to which the application 

addresses how planning resources will 

lead to more reliable or improved 

service, or meet additional service 

demands. 

b. Demonstration of Benefits 

All Applications will be evaluated 

based on how the ferry project will 

either improve the (1) safety of existing 

ferry systems, (2) the state of good repair 

of the existing system, (3) provide 

additional transportation options that 

foster community development and 

access to economic opportunities, and/ 

or (4) improve the quality of transit 

service to underserved communities. 

Additionally, all applications will be 

evaluated on (5) their support for walkon passengers as follows: 

For replacement or rehabilitation 

projects, benefits will be evaluated in 

part based on the percentage of riders 

that are walk-on compared to passengers 

using the service to transport 

automobiles. 

For expansion projects, benefits will 

be evaluated in part based on what 

convenient infrastructure is provided at 

the origin and destination of the service 

and at any intermediary stops that 

supports transit and intercity bus riders, 

pedestrians, or bicycles. Supporting 

documentation should include data that 

demonstrates the number of trips 

(passengers and vehicles), the number of 

walk-on passengers, and the frequency 

of transfers to other modes if applicable. 

In addition to the above five elements, 

projects for low- or zero-emission ferries 

under any program or projects for 

operating assistance under the Rural 

Ferry program will be evaluated as 

follows: 

For low- or zero-emission ferries, 

applicants should demonstrate how the 

proposed ferries or infrastructure will 

reduce the emission of particulates and 

other pollutants that create local air 

pollution, which leads to local 

environmental health concerns, smog, 

and unhealthy ozone concentrations. 

Applicants should also demonstrate 

how the proposed ferries or 

infrastructure will reduce emissions of 

greenhouse gases from ferry operations. 

Projects that propose zero-emission 

projects will be more competitive. 

For operating projects under the Rural 

Ferry Program, applicants should 

address and document how the 

requested operating funds will be used 

to augment, and not replace, existing 

state or local operating funds. The 

applicant should provide the amount of 

state or local funds provided for 

operating assistance for the three years 

of operation prior to the start of the 

pandemic, January 20, 2020. Applicants, 

at their discretion, may provide the 

three years of data ending on the last 

day of the applicant’s fiscal year ending 

prior to January 20, 2020; end of the 

Federal fiscal year ending prior to 

January 20, 2020; or ending January 20, 

2020. For any grant that includes 

operating assistance, FTA will require 

the State or locality to provide, at a 

minimum 75 percent of the three-year 

average on an annual basis to support 

ferry service. For example, if a state or 

locality normally provides $1 million in 

operating assistance annually, an 

applicant should include at least 

$750,000 in state or local operating 

assistance, which can be matched with 

$750,000 in Federal funds for total 

operating assistance of $1.5 million. 

c. Planning and Local/Regional 

Prioritization 

Applicants must demonstrate how the 

proposed project is consistent with local 

and regional planning documents and 

identified priorities. This will involve 

assessing whether the project is 

consistent with the transit priorities 

identified in the long-range 

transportation plan and the State and 

Metropolitan Transportation 

Improvement Program (STIP/TIP). 

Applicants should note if the project 

could not be included in the financially 

constrained STIP or TIP due to lack of 

funding, and if selected that the project 

can be added to the federally approved 

STIP before grant award. 

FTA encourages applicants to 

demonstrate state or local support by 

including letters of support from State 

departments of transportation, local 

transit agencies, local government 

officials and public agencies, local nonprofit or private sector organizations, 

and other relevant stakeholders. 

Applications that include letters of 

support will be viewed more favorably 

than those that do not. For FTA to fully 

consider a letter of support, the letter 

must be included in the application 

package. In an area with both ferry and 

other public transit operators, FTA will 

evaluate whether project proposals 

demonstrate coordination with and 

support of other related projects within 

the applicant’s Metropolitan Planning 

Organization (MPO) or the geographic 

region within which the proposed 

project will operate. 

d. Local Financial Commitment 

Applicants must identify the source of 

the local cost share and describe 

whether such funds are currently 

available for the project or will need to 

be secured if the project is selected for 

funding. FTA will consider the 

availability of the local cost share as 

evidence of local financial commitment 

to the project. Additional consideration 

will be given to those projects for which 

local funds have already been made 

available or reserved. Applicants should 

submit evidence of the availability of 

funds for the project, by including, for 

example, a board resolution, letter of 

support from the State, a budget 

document highlighting the line item or 

section committing funds to the 

proposed project, or other 

documentation of the source of nonFederal funds. 

An applicant may provide 

documentation of previous and recent 

local investments in the project, which 

cannot be used to satisfy non-Federal 

matching requirements, as evidence of 

local financial commitment. 

Applicants that request a Federal 

share for a capital project greater than 

80 percent must clearly explain why the 

project is eligible for the proposed 

Federal share. For planning projects 

under the Rural Ferry Program, the 

Federal share may not exceed 80 

percent. For operating projects under 

the Rural Ferry Program, the Federal 

share may not exceed 50 percent. 

e. Project Implementation Strategy 

Projects will be evaluated based on 

the extent to which the project is ready 

to implement within a reasonable 

period of time and whether the 

applicant’s proposed implementation 

plans are reasonable and complete. 

In assessing whether the project is 

ready to implement within a reasonable 

period of time, FTA will consider 

whether the project qualifies for a 

Categorical Exclusion, or whether the 

required environmental work has been 

initiated or completed for projects that 

require an Environmental Assessment or 

Environmental Impact Statement under 

the National Environmental Policy Act 

of 1969. As such, applicants should 

submit information describing the 

project’s anticipated path and timeline 

through the environmental review 

process. If the project will qualify as a 

Categorical Exclusion, the applicant 

must say so explicitly in the 

application. The proposal must also 

state whether grant funds can be 

obligated within 12 months from time of 

award, if selected, and if necessary, the 

timeframe under which the 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 41175 

Metropolitan TIP and STIP can be 

amended to include the proposed 

project. Additional consideration will 

be given to projects for which grant 

funds can be obligated within 12 

months from time of award. 

In assessing whether the proposed 

implementation plans are reasonable 

and complete, FTA will review the 

proposed project implementation plan, 

including all necessary project 

milestones and the overall project 

timeline. For projects that will require 

formal coordination, approvals, or 

permits from other agencies or project 

partners, the applicant must 

demonstrate coordination with these 

organizations and their support for the 

project, such as through letters of 

support. 

f. Technical, Legal, and Financial 

Capacity 

Applicants must demonstrate that 

they have the technical, legal, and 

financial capacity to undertake the 

project. FTA will review relevant 

oversight assessments and records to 

determine whether there are any 

outstanding legal, technical, or financial 

issues with the applicant that would 

affect the outcome of the proposed 

project. Additional information on the 

compliance requirements for these 

grants appears later in this notice. 

Applicants with outstanding legal, 

technical, or financial compliance 

issues from an FTA compliance review 

or FTA grant-related Single Audit 

finding must explain how corrective 

actions taken will mitigate negative 

impacts on the project. 

2. Review and Selection Process 

FTA technical evaluation committees 

will evaluate proposals using the project 

evaluation criteria. FTA staff may 

request additional information from 

applicants, if necessary. After 

consideration of the findings of the 

technical evaluation committees, FTA 

will determine the final selection of 

projects for program funding. In 

determining the allocation of program 

funds, FTA may consider geographic 

diversity, diversity in the size of the 

transit systems receiving funding, walkon vs. vehicle boardings for the 

impacted service, and the applicant’s 

receipt of other competitive awards. 

FTA will also consider whether the 

project will include low or zeroemission ferries or ferries using electric 

battery or fuel cell components and the 

infrastructure to support such ferries. 

FTA may consider capping the amount 

a single applicant may receive. 

After applying the above criteria, and 

in support of Executive Order 13985, 

Advancing Racial Equity and Support 

for Underserved Communities Through 

the Federal Government, Executive 

Order 14008, Tackling the Climate 

Crisis at Home and Abroad, and 

Executive Order 14052, Implementation 

of the Infrastructure Investment and 

Jobs Act, FTA will give priority to the 

following additional considerations: 

In further support of Executive Order 

14008, FTA will give priority 

consideration to applications that are 

expected to create significant 

community benefits relating to the 

environment, including those projects 

that incorporate low or no emission 

technology or specific elements to 

address greenhouse gas emissions and 

climate change impacts. FTA 

encourages applicants to demonstrate 

whether they have considered climate 

change and environmental justice in 

terms of the transportation planning 

process or anticipated design 

components with outcomes that address 

climate change (e.g., resilience or 

adaptation measures). The application 

should describe what specific climate 

change or environmental justice 

activities have been incorporated, 

including whether a project supports a 

Climate Action Plan, whether an 

equitable development plan has been 

prepared, and whether tools such as 

EPA’s EJSCREEN (https://www.epa.gov/ 

ejscreen) or DOT’s Historically 

Disadvantaged Community tool at 

Transportation Disadvantaged Census 

Tracts (arcgis.com) have been applied in 

project planning. Applicants could also 

address how a project is related to 

housing or land use reforms to increase 

density to reduce climate impacts. The 

application should also describe 

specific and direct ways the project will 

mitigate or reduce climate change 

impacts including any components that 

reduce emissions, promote energy 

efficiency, incorporate electrification or 

low emission or zero emission vehicle 

infrastructure, increase resiliency, 

recycle or redevelop existing 

infrastructure, or if located in a 

floodplain be constructed or upgraded 

consistent with the Federal Flood Risk 

Management Standard, to the extent 

consistent with current law. 

FTA also will give priority 

consideration to applications that 

advance racial equity in two areas: (1) 

planning and policies related to racial 

equity and overcoming barriers to 

opportunity; and (2) project investments 

that either proactively address racial 

equity and barriers to opportunity, 

including automobile dependence as a 

form of barrier, or redress prior 

inequities and barriers to opportunity. 

Applicants could also address how a 

project is related to housing or land use 

reforms to address historic barriers to 

opportunity. This objective has the 

potential to enhance environmental 

stewardship and community 

partnerships, and reflects Executive 

Order 13985, Advancing Racial Equity 

and Support for Underserved 

Communities Through the Federal 

Government. FTA encourages the 

applicant to include sufficient 

information to evaluate how the 

applicant will advance racial equity and 

address barriers to opportunity. The 

applicant should describe any 

transportation plans or policies related 

to equity and barriers to opportunity 

they are implementing or have 

implemented in relation to the proposed 

project, along with the specific project 

investment details necessary for FTA to 

evaluate if the investments are being 

made either proactively to advance 

racial equity and address barriers to 

opportunity or redress prior inequities 

and barriers to opportunity. All project 

investment costs for the project that are 

related to racial equity and barriers to 

opportunity should be summarized. 

Applicants for facility projects should 

also describe whether and how project 

delivery and implementation create 

good-paying jobs with the free and fair 

choice to join a union to the greatest 

extent possible, the use of demonstrated 

strong labor standards, practices and 

policies (including for direct employees, 

contractors, and sub-contractors); 

distribution of workplace rights notices; 

the use of local and economic hiring 

provisions; registered apprenticeships; 

or other similar standards or practices; 

or, for facility projects over $35 million, 

the use of Project Labor Agreements. 

Applicants should describe how 

planned methods of project delivery and 

implementation (for example, use of 

Project Labor Agreements or local and 

economic hiring provisions, and 

training and placement programs for 

underrepresented workers) provides 

opportunities for all workers, including 

workers underrepresented in 

construction jobs to be trained and 

placed in good-paying jobs directly 

related to the project. FTA will give 

priority consideration to projects that 

create good paying jobs with the free 

and fair choice to join a union and these 

strong labor protections. 

In support of Executive Order 14008, 

DOT has been developing a geographic 

definition of Historically Disadvantaged 

Communities as part of its 

implementation of the Justice40 

Initiative. Consistent with OMB’s 

Interim Guidance for the Justice40 

Initiative, Historically Disadvantaged 

Communities include (a) certain 


khammond on DSKJM1Z7X2PROD with NOTICES
41176 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 

qualifying census tracts, (b) any Tribal 

land, or (c) any territory or possession 

of the United States. DOT is providing 

a mapping tool to assist applicants in 

identifying whether a project is located 

in a Historically Disadvantaged 

Community Transportation 

Disadvantaged Census Tracts 

(arcgis.com). Use of this map tool is 

optional; applicants may provide an 

image of the map tool outputs, or 

alternatively, consistent with OMB’s 

Interim Guidance, applicants can 

supply quantitative, demographic data 

of their ridership demonstrating the 

percentage of their ridership that meets 

the criteria for disadvantage described 

in Executive Order 14008. Examples of 

Historically Disadvantaged 

Communities that an applicant could 

address using geographic or 

demographic information include low 

income, high or persistent poverty, high 

unemployment and underemployment, 

racial and ethnic residential segregation, 

linguistic isolation, or high housing cost 

burden and substandard housing. 

Additionally, in support of the Justice40 

Initiative, the applicant also should 

provide evidence of strategies that the 

applicant has used in the planning 

process to seek out and consider the 

needs of those historically 

disadvantaged and underserved by 

existing transportation systems. For 

technical assistance using the mapping 

tool, please contact GMO@dot.gov. 

Due to funding limitations, projects 

that are selected for funding may receive 

less than the amount originally 

requested, even if an application did not 

present a scaled project option. In those 

cases, applicants must be able to 

demonstrate that the proposed projects 

are still viable and can be completed 

with the amount awarded. 

3. Integrity and Performance Review 

Prior to making an award with a total 

amount of Federal share greater than the 

simplified acquisition threshold 

(currently $250,000), FTA is required to 

review and consider any information 

about the applicant that is in the Federal 

Awardee Performance and Integrity 

Information Systems (FAPIIS) accessible 

through SAM. An applicant may review 

and comment on information about 

itself that a Federal awarding agency 

previously entered. FTA will consider 

any comments by the applicant, in 

addition to the other information in 

FAPIIS, in making a judgment about the 

applicant’s integrity, business ethics, 

and record of performance under 

Federal awards when completing the 

review of risk posed by applicants as 

described in 2 CFR 200.206. 

F. Federal Award Administration 

Information 

1. Federal Award Notices 

Final project selections will be posted 

on the FTA website. Only proposals 

from eligible recipients for eligible 

activities will be considered for funding. 

There is no minimum or maximum 

grant award amount; however, FTA 

intends to fund as many meritorious 

projects as possible. Due to funding 

limitations, projects that are selected for 

funding may receive less than the 

amount originally requested. In those 

cases, applicants must be able to 

demonstrate that the proposed projects 

are still viable and can be completed 

with the amount awarded. 

Recipients should contact their FTA 

Regional Offices for additional 

information regarding allocations for 

projects under the Ferry Program. 

2. Administrative and National Policy 

Requirements 

i. Pre-Award Authority 

At the time the project selections are 

announced, FTA will extend pre-award 

authority for the selected projects. There 

is no blanket pre-award authority for 

these projects before announcement, 

and pre-award authority cannot be used 

prior to FTA issuance of pre-award 

authority. FTA does not provide preaward authority for competitive funds 

until projects are selected and even 

then, there are Federal requirements 

that must be met before costs are 

incurred. For more information about 

FTA’s policy on pre-award authority, 

please see FTA’s 2022 Apportionment 

Notice (87 FR 25362). 

ii. Grant Requirements 

If selected, awardees will apply for a 

grant through FTA’s Transit Award 

Management System (TrAMS). All 

Passenger Ferry Program and urbanized 

area Low-No Ferry Program recipients 

are subject to the grant requirements of 

the Urbanized Area Formula Grant 

program (49 U.S.C. 5307). All rural area 

Low-No Ferry Program and Rural Ferry 

Program Recipients are subject to the 

grant requirements of the Rural Area 

Formula Grant Program (49 U.S.C. 5311) 

as applicable, FTA’s Master Agreement 

for financial assistance awards, the 

annual Certifications and Assurances 

required of applicants, FTA Circular 

‘‘Urbanized Area Formula Program: 

Program Guidance and Application 

Instructions’’ (FTA.C.9030.1E) or FTA 

Circular ‘‘Formula Grants for Rural 

Areas’’ (FTA.C.9040.1G). All recipients 

must also follow the Award 

Management Requirements 

(FTA.C.5010.1) and the labor 

protections required by Federal public 

transportation law (49 U.S.C. 5333(b)). 

All these documents are available on 

FTA’s website. Technical assistance 

regarding these requirements is 

available from each FTA regional office. 

iii. Made in America 

FTA requires that all capital 

procurements meet FTA’s Buy America 

requirements (49 U.S.C. 5323(j)), which 

require all iron, steel, or manufactured 

products be produced in the United 

States. Awards made on or after May 14, 

2022, also are subject to the 

requirements of the Build America, Buy 

America Act (BABA) (§§ 70901–70927 

of the Infrastructure Investment and 

Jobs Act, Pub. L. 117–58), which require 

all iron, steel, manufactured products, 

and construction materials to be 

produced in the United States. FTA’s 

Buy America requirements for iron, 

steel, and manufactured products— 

including rolling stock—meet or exceed 

BABA’s requirements, and therefore, are 

not affected by BABA. The United 

States Department of Transportation 

issued a 180-day waiver of the BABA 

requirement relating to construction 

materials on May 19, 2022: https://

www.transportation.gov/regulations/ 

temporary-waiver-buy-americarequirements-construction-materials. 

Any proposal that will require a waiver 

must identify the items for which a 

waiver will be sought in the application. 

Applicants should not proceed with the 

expectation that waivers will be granted. 

iv. Civil Rights and Title VI 

Recipients of Federal transportation 

funding will be required to comply fully 

with Title VI of the Civil Rights Act of 

1964 and implementing regulations, the 

Americans with Disabilities Act, Section 

504 of the Rehabilitation Act of 1973, 

and all other civil rights requirements. 

The Department’s and the applicable 

Operating Administration’s Office of 

Civil Rights will be providing resources 

and technical assistance to ensure full 

and sustainable compliance with 

Federal civil rights requirements. 

v. Disadvantaged Business Enterprise 

Projects that include ferry 

acquisitions are subject to the transit 

vehicle manufacturer (TVM) rule of the 

Disadvantaged Business Enterprise 

(DBE) program regulations (49 CFR 

26.49). The TVM rule requires 

recipients procuring transit vehicles, 

including ferries, to limit eligible 

bidders to certified TVMs. To become a 

certified TVM, a manufacturer of transit 

vehicles must submit a DBE program 

plan and annual goal to FTA for 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 41177 

approval. A list of certified TVMs is 

posted on FTA’s web page at 

www.transit.dot.gov/TVM. Recipients 

should contact FTA before accepting 

bids from entities not listed on this webposting. 

In lieu of restricting eligibility to 

certified TVMs, a recipient may, with 

FTA’s approval, establish projectspecific goals for DBE participation in 

the procurement of transit vehicles. 

For more information on DBE 

requirements, please contact Monica 

McCallum, FTA Office of Civil Rights, 

206–220–7519, Monica.McCallum@

dot.gov. 

vi. Planning 

FTA encourages applicants to notify 

the appropriate State Departments of 

Transportation and MPOs in areas likely 

to be served by the project funds made 

available under these initiatives and 

programs. Selected projects must be 

incorporated into the long-range plans 

and transportation improvement 

programs of States and metropolitan 

areas before they are eligible for FTA 

funding. As described under the 

evaluation criteria, FTA may consider 

whether a project is consistent with or 

already included in these plans when 

evaluating a project. 

vii. Standard Assurances 

The applicant assures that it will 

comply with all applicable Federal 

statutes, regulations, executive orders, 

directives, FTA circulars, and other 

Federal administrative requirements in 

carrying out any project supported by 

the FTA grant. The applicant 

acknowledges that it is under a 

continuing obligation to comply with 

the terms and conditions of the grant 

agreement issued for its project with 

FTA. The applicant understands that 

Federal laws, regulations, policies, and 

administrative practices might be 

modified from time to time and may 

affect the implementation of the project. 

The applicant agrees that the most 

recent Federal requirements will apply 

to the project, unless FTA issues a 

written determination otherwise. The 

applicant must submit the Certifications 

and Assurances before receiving a grant 

if it does not have current certifications 

on file. 

vii. Reporting 

Post-award reporting requirements 

include the electronic submission of 

Federal Financial Reports and Milestone 

Progress Reports. Applicant should 

include goals, targets, and indicators 

referenced in their application to the 

project in the Executive Summary of the 

TrAMS application. Recipients or 

beneficiaries of funds made available 

through this NOFO are also required to 

regularly submit data to the National 

Transit Database. National Transit 

Database reports include total sources of 

revenue and complete expenditure 

reports for all public transportation 

operations, not just those funded by this 

project. Applicants partnering with a 

private operator should ensure that the 

private operator will meet all of the 

comprehensive reporting requirements 

of the National Transit Database. 

FTA is committed to making 

evidence-based decisions guided by the 

best available science and data. In 

accordance with the Foundations for 

Evidence-based Policymaking Act of 

2018 (Evidence Act), FTA may use 

information submitted in discretionary 

funding applications; information in 

FTA’s Transit Award Management 

System (TrAMS), including grant 

applications, Milestone Progress Reports 

(MPRs), Federal Financial Reports 

(FFRs); transit service, ridership and 

operational data submitted in FTA’s 

National Transit Database; 

documentation and results of FTA 

oversight reviews, including triennial 

and state management reviews; and 

other publicly available sources of data 

to build evidence to support policy, 

budget, operational, regulatory, and 

management processes and decisions 

affecting FTA’s grant programs. 

As part of completing the annual 

certifications and assurances required of 

FTA grant recipients, a successful 

applicant must report on the suspension 

or debarment status of itself and its 

principals. If the award recipient’s 

active grants, cooperative agreements, 

and procurement contracts from all 

Federal awarding agencies exceeds 

$10,000,000 for any period of time 

during the period of performance of an 

award made pursuant to this Notice, the 

recipient must comply with the 

Recipient Integrity and Performance 

Matters reporting requirements 

described in Appendix XII to 2 CFR part 

200. 

G. Federal Awarding Agency Contacts 

For further information concerning 

this notice, please contact the 

FTAFerryPrograms@dot.gov, or Vanessa 

Williams, by phone at (202) 366–4818 or 

Sarah Clements at (202) 366–3062. A 

TDD is available for individuals who are 

deaf or hard of hearing at 800–877– 

8339. In addition, FTA will post 

answers to questions and requests for 

clarifications on FTA’s website at 

https://www.transit.dot.gov/grants/ftaferry-programs. To ensure receipt of 

accurate information about eligibility or 

the program, the applicant is 

encouraged to contact FTA directly, 

rather than through intermediaries or 

third parties. For issues with 

GRANTS.GOV, please contact 

GRANTS.GOV by phone at 1–800–518– 

4726 or by email at support@grants.gov. 

Contact information for FTA’s regional 

offices can be found on FTA’s website 

at http://www.transit.dot.gov/. 

H. Other Information 

This program is not subject to 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs.’’ FTA will consider 

applications for funding only from 

eligible recipients for eligible projects 

listed in Section C. 

Nuria I. Fernandez, 

Administrator. 

[FR Doc. 2022–14692 Filed 7–8–22; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0017] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Request for Comment; 

National Driver Register 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Notice and request for 

comments on an extension of a 

currently approved information 

collection. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 PRA), 

this notice announces that the 

Information Collection Request (ICR) 

summarized below is being forwarded 

to the Office of Management and Budget 

(OMB) for review and approval. The ICR 

describes the nature of the information 

collection and its expected burden. This 

document describes a currently 

approved collection of information on 

NHTSA’s National Driver Register for 

which NHTSA intends to seek approval 

from OMB for extension. A Federal 

Register Notice with a 60-day comment 

period soliciting comments on the 

following information collection was 

published on March 28, 2022. No 

comments were received. 

DATES: Comments must be submitted on 

or before August 10, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection, including 


khammond on DSKJM1Z7X2PROD with NOTICES