81_FR_17603 81 FR 17543 - Notice of Funding Opportunity for Surface Transportation System Funding Alternatives Program

81 FR 17543 - Notice of Funding Opportunity for Surface Transportation System Funding Alternatives Program

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range17543-17548
FR Document2016-07045

Section 6020 of the Fixing America's Surface Transportation (FAST) Act directs the DOT to establish the Surface Transportation System Funding Alternatives (STSFA) program to provide grants to States to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the Federal Highway Trust Fund. Section 6020 provides $15 million for fiscal year (FY) 2016 and $20 million for each of FYs 2017-2020 out of funds set aside in section 6002(a)(1), which authorizes funds for the Highway Research and Development Program. These grants shall make up no more than 50 percent of total proposed project costs, with the remainder coming from non-Federal sources. This Notice of Funding Opportunity for the STSFA program seeks applications from States or groups of States.

Federal Register, Volume 81 Issue 60 (Tuesday, March 29, 2016)
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17543-17548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07045]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2016-0006]


Notice of Funding Opportunity for Surface Transportation System 
Funding Alternatives Program

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of Funding Opportunity.

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

SUMMARY: Section 6020 of the Fixing America's Surface Transportation 
(FAST) Act directs the DOT to establish the Surface Transportation 
System Funding Alternatives (STSFA) program to provide grants to States 
to demonstrate user-based alternative revenue mechanisms that utilize a 
user fee structure to maintain the long-term solvency of the Federal 
Highway Trust Fund. Section 6020 provides $15 million for fiscal year 
(FY) 2016 and $20 million for each of FYs 2017-2020 out of funds set 
aside in section 6002(a)(1), which authorizes funds for the Highway 
Research and Development Program. These grants shall make up no more 
than 50 percent of total proposed project costs, with the remainder 
coming from non-Federal sources. This Notice of Funding Opportunity for 
the STSFA program seeks applications from States or groups of States.

DATES: Applications must be submitted by 3:00 p.m., e.t., on or by May 
20, 2016. The Grants.gov ``Apply'' function will open by March 29, 
2016. Applications should be submitted through http://www.grants.gov.

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 will be 
eligible for award.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the FHWA via email at STSFA@dot.gov. For 
questions about the STSFA program, contact Mr. Robert Arnold, Director, 
FHWA Office of Transportation Management, telephone 202-366-1285, or 
via email at Robert.Arnold@dot.gov; or Angela Jacobs, Program Manager, 
telephone 202-366-0076, or via email at Angela.Jacobs@dot.gov. For 
legal questions, please contact Mr. Adam Sleeter, Attorney-Advisor, 
FHWA Office of the Chief Counsel, telephone 202-366-8839, or via email 
at Adam.Sleeter@dot.gov. Business hours for the FHWA are from 8:00 a.m. 
to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. A 
telecommunications device for the deaf (TDD) is available at 202-366-
3993. Additionally, the DOT will regularly post answers to questions, 
requests for clarification, and information about Webinars for further 
guidance at http://www.grants.gov/.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded from the 
Federal

[[Page 17544]]

Register's Web site at http://www.archives.gov and the Government 
Printing Office's database at http://www.access.thefederalregister.org/nara.

SUPPLEMENTARY INFORMATION: This notice solicits applications for the 
STSFA program for FY 2016 from States or groups of States to 
demonstrate user-based alternative revenue mechanisms that utilize a 
user fee structure to maintain the long-term solvency of the Federal 
Highway Trust Fund. Each section of this notice contains information 
and instructions relevant to the application process for STSFA grants. 
The applicant should read this notice in its entirety to submit 
eligible and competitive applications.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts

A. Program Description

    Section 6020 of the FAST Act (Pub. L. 114-94) directs the DOT to 
establish a program to provide grants to States or groups of States to 
demonstrate user-based alternative revenue mechanisms that utilize a 
user fee structure to maintain the long-term solvency of the Highway 
Trust Fund. This solicitation seeks applications that meet the 
following objectives:
     To test the design, acceptance, and implementation of a 
user-based alternative revenue mechanisms.
     To improve the functionality of such user-based 
alternative revenue mechanisms.
     To conduct outreach to increase public awareness regarding 
the need for alternative funding sources for surface transportation 
programs and to provide information on possible approaches.
     To provide recommendations regarding adoption and 
implementation of user-based alternative revenue mechanisms.
     To minimize the administrative cost of deploying any 
potential user-based alternative revenue mechanisms.
     Minimize the administrative costs associated with the 
collection of fees.

Though pilot projects of any size or scope may be proposed, the DOT is 
most interested in funding larger scale pilots, rather than smaller 
scale proof of concept projects, and in awarding funds to both single 
State and multi-State pilots.
    The purpose of the STSFA grants is for a State or group of States 
to test the design, acceptance, and implementation of a user-based 
alternative revenue mechanism. An application shall address or describe 
how the proposed demonstration has already addressed:
     Implementation, interoperability, public acceptance and 
potential hurdles to adoption of the demonstrated user-based 
alternative revenue mechanism. There are a number of logistical, 
technological, and societal issues that will need to be addressed in 
any alternative to the current user fee structure. These range from 
potential additional logistical burdens imposed by the mechanism to 
explaining to the public why the current gas tax is no longer a 
sustainable funding source. While some demonstrations of the 
effectiveness of alternative funding mechanisms to date have focused on 
light vehicles, the consideration of the impacts on heavy vehicles is 
also of interest.
     Privacy protection. The current system provides almost 
complete privacy protection. Any new mechanism would have to provide 
the same level of protection by design, either perceived or real, or 
employ mitigating strategies that reduce the risk to acceptable levels. 
This extends into the area of data security and access beyond the 
requirements of the user fee collection.
     Use of independent and private third party vendors. The 
use of private sector third party vendors to administer and operate a 
system could reduce such costs, off-set administrative costs by 
offering value-added services, or alleviate privacy concerns generated 
by government administration of the user fee collection process. 
However, other concerns could be raised depending on the degree of 
private sector involvement envisioned.
     Congestion mitigation impacts. To the extent market forces 
or governmental incentives under the mechanism might positively or 
negatively impact roadway congestion or be used to leverage congestion 
reduction strategies, those impacts should be addressed in the 
proposal.
     Equity concerns (including impacts on differing income 
groups, various geographic areas and relative burdens on rural and 
urban drivers). The implementation of alternative user-based revenue 
mechanisms may alter the distribution of cost burdens among different 
classes of users of the transportation system relative to those imposed 
by current mechanisms for funding surface transportation. Those burdens 
could result from changes in the basis of assessing user fees (such as 
from fuel consumption to miles traveled) and from new administrative 
processes for collecting fees (such as purchasing the necessary 
technology and reporting vehicle use). Of particular concern are 
changes that could increase the relative cost burdens on economically 
disadvantaged populations who would be least able to afford such a 
change. New mechanisms could also shift the relative costs paid by 
drivers in different regions of a State, particularly between urban and 
rural areas.
     Ease of user compliance. The current collection system for 
fuel taxes (the predominant source of highway user-based fees) is 
mostly transparent to the user; does not require any additional action 
beyond fuel purchasing; and is relatively invulnerable to avoidance by 
consumers. Any new mechanism would need to carefully consider and 
evaluate how compliance can be enforced without imposing undue costs or 
other burdens on different classes of users.
     Reliability and security on the use of technology. Threats 
to the success of the mechanism can be both malicious (e.g., hacking 
attacks) and non-malicious (e.g., equipment failures). Any system 
should address the robustness of the technology and processes to 
withstand and recover from such events.
    The application for the pilot project may address:
     The flexibility and choices of user-based alternative 
revenue mechanisms, including the ability of users to select from 
various technology and payment options;
     The cost of administering the user-based alternative 
revenue mechanism; and
     The ability of the administering entity to audit and 
enforce user compliance.
    It is anticipated that up to $15 million will be awarded during FY 
2016 for these three types of proposals, with larger awards for new 
demonstration projects and extensions or enhancements of existing 
demonstration projects, and smaller awards for pre-demonstration 
activities. Projects receiving awards for pre-demonstration activities 
in FY 2016 are not guaranteed to receive future funding for 
demonstration activities.

B. Federal Award Information

    Per section 6020 of the FAST Act, the planned award type is a grant 
to a State or group of States.

C. Eligibility Information

1. Eligible Applicants

    To be selected for an STSFA award, an applicant must be a State or 
group of

[[Page 17545]]

States. However, in the case of a group of States, this solicitation 
requires that a single State Department of Transportation (State DOT) 
serve as the lead agency for administering the program funding through 
the Federal-aid highway program. Another State agency or a State agency 
in a different State (if the project involves a group of States) may be 
responsible for providing day-to-day project oversight. It is expected 
that at all relevant State agencies (e.g., Departments of Motor 
Vehicles, Departments of Revenue) needed to initiate a full-scale 
deployment of the proposed revenue mechanism will be actively involved 
in the planning and operation of the demonstration.

2. Cost Sharing or Matching

    Cost sharing or matching is required, with the maximum Federal 
share being 50 percent of future eligible costs. Therefore, a minimum 
non-Federal cost share of 50 percent is required. Cost sharing or 
matching means the portion of project costs not paid by Federal funds. 
For a more complete definition, please see the Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards at part 200, title 2, Code of Federal Regulations (2 CFR 200), 
including section 200.306 on cost sharing or matching. Other Federal 
funds using the appropriate matching share may be leveraged for the 
deployment but cannot be considered as part of the STSFA matching 
funds, unless otherwise supported by statute.

D. Application and Submission Information

1. Address

    Applicants may obtain application forms at www.grants.gov under the 
Notice of Funding Opportunity Number cited herein. The applicant must 
complete and submit all forms included in the application package for 
this notice as contained at www.grants.gov.

2. Content and Form of Application Submission

    The application must include the Standard Form (SF) 424 
(Application for Federal Assistance), SF 424A (Budget Information for 
Non-Construction Programs), SF 424B (Assurances for Non-Construction 
Programs), Grants.gov Lobbying Form, cover page, and the Project 
Narrative. The SFs are available online at http://www.grants.gov/web/grants/forms/sf-424-family.html. More detailed information about the 
cover page and project narrative follows.
a. Cover Page Including the Following Table

------------------------------------------------------------------------
                Project name
------------------------------------------------------------------------
Previously Incurred Project Cost...........  $
Future Eligible Project Cost...............  $
Total Project Cost.........................  $
STSFA Request..............................  $
Total Federal Funding (including STSFA)....  $
Are matching funds restricted to a specific  Yes/No.
 project component? If so, which one?.
State(s) in which the project is located
Is the project currently programmed in the:  Yes/No--please specify in
 Transportation Improvement Program   which plans the project is
 (TIP)                                        currently programmed.
 Statewide Transportation
 Improvement Program (STIP)
 Metropolitan Planning Organization
 (MPO) Long Range Transportation Plan
 State Long Range Transportation
 Plan
------------------------------------------------------------------------

b. Project Narrative
    The application must include information required for the DOT to 
determine that the project satisfies requirements described in sections 
A, B, and C and to assess the selection criteria specified in section 
E.1. To the extent practicable, applicants should provide data and 
evidence of project merits in a form that is verifiable or publicly 
available. The DOT may ask any applicant to supplement data in its 
application, but expects applications to be complete upon submission.
    The DOT recommends that the project narrative adhere to the 
following basic outline of a project description, staffing description, 
and funding description to clearly address the program requirements and 
make critical information readily apparent. In addition to a detailed 
statement of work, detailed project schedule, and detailed project 
budget, the project narrative should include a table of contents, maps, 
and graphics as appropriate to make the information easier to review. 
The DOT recommends that the project narrative be prepared with standard 
formatting preferences (i.e., a single-spaced document, using a 
standard 12-point font such as Times New Roman, with 1-inch margins). 
The project narrative may not exceed 25 pages in length, excluding 
cover pages and table of contents. The only substantive portions that 
may exceed the 25-page limit are documents to support assertions or 
conclusions made in the project narrative, or r[eacute]sum[eacute]s of 
key staff described in the project narrative. If supporting documents 
are submitted, applicants must clearly identify the relevant portion of 
the project narrative that each supporting document supports within the 
project narrative.
c. Project Description
    (1) An introduction that provides a one to two-page summary of the 
proposed technology deployment(s).
    (2) A description of the entity that will be entering into the 
agreement with FHWA including:
    (a) Membership of any partnership or entity proposed to carry out 
the deployment; and
    (b) A description of how the entity will manage the program 
including project funding

In the case of a group of States, applicants should show evidence that 
a memorandum of understanding, or other organizational mechanism can be 
executed in a reasonable timeframe after selection
    (3) A description of the geographic area or jurisdiction the 
deployment will service.
    (4) A description of any challenges in the regulatory, legislative, 
or institutional environments or other obstacles to deployment.
    (5) A schedule for conducting the demonstration and for completion 
of all proposed activities.
    (6) Criteria contained in FAST Act section 6020(d) (see section A 
``Program Description'' that explains what a pilot project shall and 
may address).
d. Organizational Information
    In addition to the forms, provide answers to the following 
organizational information questions in a pdf format:

[[Page 17546]]

    (1) Identify any exceptions to the anticipated award terms and 
conditions as contained in section F (Federal Award Administration 
Information). Identify any preexisting intellectual property that you 
anticipate using during award performance, and your position on its 
data rights during and after the award period of performance.
    (2) The use of a Dun and Bradstreet Data Universal Numbering System 
(DUNS) number is required on all applications for Federal grants. 
Please provide your organization's DUNS number in your budget 
application.
    (3) A statement to indicate whether your organization has 
previously completed an A-133 Single Audit and, if so, the date that 
the last A-133 Single Audit was completed.
    (4) A statement regarding conflicts of interest. The applicant must 
disclose in writing any actual or potential personal or organizational 
conflict of interest in its application that describes in a concise 
manner all past, present or planned organizational, contractual or 
other interest(s), which may affect the applicants' ability to perform 
the proposed project in an impartial and objective manner. Actual or 
potential conflicts of interest may include but are not limited to any 
past, present or planned contractual, financial, or other 
relationships, obligations, commitments, and responsibilities, which 
may bias the applicant or affect the applicant's ability to perform the 
agreement in an impartial and objective manner. The Agreement Officer 
(AO) will review the statement(s) and may require additional relevant 
information from the applicant. All such information, and any other 
relevant information known to DOT, will be used to determine whether an 
award to the applicant may create an actual or potential conflict of 
interest. If any such conflict of interest is found to exist, the AO 
may disqualify the applicant, or determine that it is otherwise in the 
best interest of the United States to contract with the applicant and 
include appropriate provisions to mitigate or avoid such conflict in 
the agreement pursuant to 2 CFR 200.112.
    (5) A statement to indicate whether a Federal or State organization 
has audited or reviewed the applicant's accounting system, purchasing 
system, and/or property control system. If such systems have been 
reviewed, provide summary information of the audit/review results to 
include, as applicable, the summary letter or agreement, date of audit/
review, and Federal or State point of contact (POC) for such review.
    (6) Terminated Contracts. List any contract/agreement that was 
terminated for convenience of the Government within the past 3 years, 
and any contract/agreement that was terminated for default within the 
past 5 years. Briefly explain the circumstances in each instance.
    (7) The applicant is directed to review 2 CFR 170 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl), dated September 14, 2010, and Appendix A thereto, 
and acknowledge in its application that it understands the requirement, 
has the necessary processes and systems in place, and is prepared to 
fully comply with the reporting described in the term if it receives 
funding resulting from this notice. The text of Appendix A will be 
incorporated in the award document as a General Term and Condition as 
referenced under this notice's section F (Federal Award Administration 
Information).
    (8) Disclose any violations of Federal criminal law involving 
fraud, bribery, or gratuity violations. Failure to make required 
disclosures can result in any of the remedies described in 2 CFR 
200.338 (remedies for noncompliance, including suspension or 
debarment). (See also 2 CFR 180 and section 3321, title 31, United 
States Code (31 U.S.C. 3321).)
c. Funding Description
    Applications must include a breakdown of estimated costs across 
project work areas or tasks, including an identification of funding 
sources and amounts.
    Unique identifier and system for award (SAM). The applicant is 
required to: (1) Be registered in SAM before submitting its 
application; (2) provide a valid unique entity identifier in its 
application; and (3) continue to maintain an active SAM registration 
with current information while it has an active Federal award, 
application, or plan under consideration by a Federal awarding agency.
    The Federal awarding agency may not make a Federal award to an 
applicant 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 the Federal awarding agency 
is ready to make a Federal award, it may determine that the applicant 
is not qualified and use that determination as a basis for denial.

Submission dates and times.

3. Deadline

    Applications must be submitted through www.grants.gov by 3:00 p.m., 
e.t., by May 20, 2016, which is the date and time by which the FHWA 
must receive the full and completed application, including all required 
sections.
    To submit an application through Grants.gov, applicants must:
    (a) Obtain a DUNS number;
    (b) Register with the SAM at www.sam.gov;
    (c) Create a Grants.gov username and password; and
    (d) The E-business POC at the applicant's organization must respond 
to the registration email from Grants.gov and login to authorize the 
POC as an Authorized Organization Representative (AOR). Please note 
that there can only be one AOR per organization.
    Please note that the Grants.gov registration process usually takes 
2-4 weeks to complete and late applications that are the result of 
failure to register or comply with Grants.gov applicant requirements in 
a timely manner will not be considered. For information and instruction 
on each of these processes, please see instructions at http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If interested 
parties experience difficulties at any point during the registration or 
application process, please call the Grants.gov Customer Service 
Support Hotline at 800-518-4726, from 7:00 a.m. to 9:00 p.m., e.t., 
Monday through Friday.

4. Consideration of Application

    Only applicants who comply with all submission deadlines described 
in this notice and submit applications through Grants.gov will be 
eligible for award. Applicants are strongly encouraged to make 
submissions in advance of the deadline.
    Applicants interested in applying are encouraged to email 
STSFA@dot.gov no later than April 22, 2016, with applicant name, State 
in which project is located, approximate total project cost, amount of 
the STSFA grant request, and a two or three-sentence project 
description. The DOT seeks this early notification of interest to 
inform its allocation of resources for application evaluations and to 
facilitate timely and efficient awards.

5. Late Applications

    Applications received after the deadline will not be considered 
except in the case of unforeseen technical difficulties outlined below.

6. Late Application Policy

    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact STSFA@dot.gov prior to the 
application

[[Page 17547]]

deadline with the user name of the registrant and details of the 
technical issue experienced. The applicant must provide:
    (a) Details of the technical issue experienced;
    (b) Screen capture(s) of the technical issues experienced along 
with corresponding Grants.gov grant tracking number;
    (c) The legal business name for the applicant that was provided in 
the SF 424;
    (d) The AOR name submitted in the SF 424;
    (e) The DUNS number associated with the application; and
    (f) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the 
following conditions are not valid reasons to permit late submissions: 
(1) Failure to complete the registration process before the deadline; 
(2) failure to follow Grants.gov instructions on how to register and 
apply as posted on its Web site; (3) failure to follow all of the 
instructions in this notice; and (4) technical issues experienced with 
the applicant's computer or information technology environment. After 
DOT staff review all information submitted and validate reported 
technical issues, DOT staff will contact late applicants to approve or 
deny a request to submit a late application. If the reported technical 
issues cannot be validated, late applications will be rejected as 
untimely.

E. Application Review Information

1. Criteria

    The DOT will evaluate applications based on the following criteria, 
which are of equal importance.
    Technical Merit Criteria:
     Alignment with program requirements.
     Reasonableness that the demonstration could lead to a 
viable alternative revenue mechanism.
     Maturity or readiness of the technology to demonstrate the 
proposed alternative revenue mechanism.
     Ability of the applicant to deploy and sustain the 
proposed demonstration.
     Scalability or portability of the proposed demonstration 
mechanism to other jurisdictions.
     Clarity, quality, and completeness of the proposal.
    Staffing Criteria:
     Degree that the Application includes a program/project 
management structure or organization that will successfully oversee the 
proposed technology deployment.
     Expertise and qualifications of key personnel for managing 
or conducting appropriate aspects of the proposed technology deployment 
through the period of performance.
    The FAST Act also requires DOT to consider geographic diversity in 
making awards. Additionally, DOT is most interested in funding larger 
scale pilots, rather than smaller scale proof of concept projects, and 
awarding funds to both single State and multi-State pilots.

2. Review and Selection Process

    The DOT will review all eligible applications received before the 
application deadline. The STSFA process consists of a technical 
evaluation phase and senior review. In the technical evaluation phase, 
teams will determine whether each project satisfies statutory 
requirements and rate how well it addresses selection criteria. The 
senior review team will consider the applications and the technical 
evaluations to determine which projects advance to the Secretary for 
consideration. Evaluations in both the technical evaluation and senior 
review team phases will place projects into rating categories, not 
assign numerical scores. The Secretary will select the projects for 
award. The DOT reserves the right to use outside expertise and/or 
contractor support to perform application evaluation. A panel of Agency 
experts will conduct a risk assessment of the applicant prior to award.
    The DOT will award the applications that are considered the most 
advantageous using the criteria cited above, subject to the results of 
an applicant's risk assessment. In addition, per Sec. 6020 (e) of the 
FAST Act, the DOT shall ensure, to the extent practicable, that grant 
recipients represent diverse geographic areas of the United States.

3. Other Information

    Prior to award, each selected applicant will be subject to a risk 
assessment required by 2 CFR 200.205. The DOT must review and consider 
any information about the applicant in the designated integrity and 
performance system that is 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. The DOT 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. The DOT reserves the right to deny 
an award based on the results of the risk assessment.

F. Federal Award Administration Information

1. Federal Award Notices

    Following the evaluation outlined in section E, the DOT will notify 
the selected applicants and announce the selected projects. Notice that 
an applicant has been selected as a recipient does not constitute 
approval of the application as submitted. Before the award, the DOT 
will contact the POC listed in the SF 424 to initiate negotiation of a 
project specific agreement. If the negotiations do not result in an 
acceptable submittal, the DOT reserves the right to terminate the 
negotiation and decline to fund the applicant.

2. Administrative and National 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, as adopted by DOT at 2 CFR 1201. 
Applicable Federal laws, rules, and regulations set forth in 23 U.S.C. 
and 23 CFR also apply. For a list of the applicable laws, rules, 
regulations, executive orders, polices, guidelines, and requirements 
related to STSFA projects, please see http://www.fhwa.dot.gov/aaa/generaltermsconditions.cfm.

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for an STSFA grant must submit the Federal 
Financial Report (SF 425) on the financial condition of the project and 
its progress, and an Annual Budget Review and Program Plan to monitor 
the use of Federal funds and ensure accountability and financial 
transparency.
b. 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 million at any time during the 
period of performance, then the applicant must maintain the currency of 
SAM and FAPIIS information about civil, criminal, or administrative 
proceedings described in paragraph 2 of the award terms and conditions. 
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

[[Page 17548]]

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.
c. Reporting to the Secretary
    Per section 6020(h) of the FAST Act, not later than 1 year after 
the date on which the first eligible entity receives an STSFA grant, 
and each year thereafter, every recipient shall submit a report to the 
Secretary that describes:
    (1) How the demonstration activities carried out with grant funds 
meet the objectives of the STSFA program; and
    (2) Lessons learned for future deployment of alternative revenue 
mechanisms that utilize a user fee structure.

G. Federal Awarding Agency Contacts

    For further information or questions concerning this notice, please 
contact the FHWA via email at STSFA@dot.gov. For questions about the 
STSFA program discussed herein, contact Mr. Robert Arnold, Director, 
FHWA Office of Transportation Management, telephone 202-366-1285, or 
via email at Robert.Arnold@dot.gov. A TDD is available at 202-366-3993. 
Additionally, the DOT will regularly post answers to questions, 
requests for clarification, and information about Webinars for further 
guidance at http://www.grants.gov/.

H. Other Information

1. Public Comment

    The STSFA program is funded through FY 2020. This notice solicits 
applications for FY 2016 only. Because this is the first year 
implementing the STSFA program, FHWA invites interested parties to 
submit comments about this notice's contents, implementation choices 
within the legal bounds of the program, and suggestions for 
clarification in future STSFA solicitations. The FHWA seeks input on 
whether the information requested in applications is reasonable and 
clear and if additional merit criteria should be considered. The FHWA 
may consider the submitted comments and suggestions when developing 
subsequent STSFA notices and program guidance, but they will not affect 
the program's evaluation and selection process for FY 2016 awards. 
Applications or comments about specific projects should not be 
submitted to the docket. Any application submitted to the document will 
not be reviewed. Comments should be sent to Docket Number FHWA-2016-
0006 by July 1, 2016. To the extent practicable, FHWA will consider 
late-filed comments.

2. Protection of Confidential Business Information

    To the extent practicable, all information submitted as part of or 
in support of any application shall use publicly available data or data 
that can be made public and methodologies that are accepted by industry 
practice and standards. If the application includes information the 
applicant considers to be a trade secret or confidential commercial or 
financial information, the applicant should do the following: (1) Note 
on the front cover that the submission ``Contains Confidential Business 
Information (CBI);'' (2) mark each affected page ``CBI;'' and (3) 
highlight or otherwise denote the CBI portions. The DOT protects such 
information from disclosure to the extent allowed under applicable law. 
In the event DOT receives a Freedom of Information Act (FOIA) request, 
it will follow the procedures described in its FOIA regulations at 49 
CFR 7.17. Only information that is ultimately determined to be 
confidential under that procedure will be exempt from disclosure under 
FOIA.

    Authority:  Section 6020 of the Fixing America's Surface 
Transportation Act (FAST Act) (Pub. L. 114-94).

    Issued on: March 23, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-07045 Filed 3-28-16; 8:45 am]
 BILLING CODE 4910-22-P



                                                                                Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                            17543

                                                  c. Reporting to the Secretary                           should be considered. The FHWA may                    SUMMARY:    Section 6020 of the Fixing
                                                     Per 23 U.S.C. 503(c)(4)(F), not later                consider the submitted comments and                   America’s Surface Transportation
                                                  than 1 year after receiving an ATCMTD                   suggestions when developing                           (FAST) Act directs the DOT to establish
                                                  grant, and each year thereafter, the                    subsequent ATCMTD notices and                         the Surface Transportation System
                                                  recipient shall submit a report to the                  program guidance, but they will not                   Funding Alternatives (STSFA) program
                                                  Secretary that describes:                               affect the program’s evaluation and                   to provide grants to States to
                                                     (1) Deployment and operational costs                 selection process for FY 2016 awards.                 demonstrate user-based alternative
                                                  of the project compared to the benefits                 Applications or comments about                        revenue mechanisms that utilize a user
                                                  and savings the project provides; and                   specific projects should not be                       fee structure to maintain the long-term
                                                     (2) how the project has met the                      submitted to the docket. Any                          solvency of the Federal Highway Trust
                                                  original expectations projected in the                  application submitted to the document                 Fund. Section 6020 provides $15
                                                  deployment plan submitted with the                      will not be reviewed. Comments should                 million for fiscal year (FY) 2016 and $20
                                                  application, such as:                                   be sent to docket number FHWA–2016–                   million for each of FYs 2017–2020 out
                                                     (a) Data on how the project has helped               0005 by July 1, 2016. To the extent                   of funds set aside in section 6002(a)(1),
                                                  reduce traffic crashes, congestion, costs,              practicable, FHWA will consider late-                 which authorizes funds for the Highway
                                                  and other benefits of the deployed                      filed comments.                                       Research and Development Program.
                                                  systems;                                                                                                      These grants shall make up no more
                                                                                                          2. Protection of Confidential Business                than 50 percent of total proposed project
                                                     (b) data on the effect of measuring and              Information
                                                  improving transportation system                                                                               costs, with the remainder coming from
                                                  performance through the deployment of                      To the extent possible, all information            non-Federal sources. This Notice of
                                                  advanced technologies;                                  submitted as part of or in support of any             Funding Opportunity for the STSFA
                                                     (c) the effectiveness of providing real              application shall use publicly available              program seeks applications from States
                                                  time integrated traffic, transit, and                   data or data that can be made public and              or groups of States.
                                                  multimodal transportation information                   methodologies that are accepted by                    DATES: Applications must be submitted
                                                  to the public to make informed travel                   industry practice and standards. If the               by 3:00 p.m., e.t., on or by May 20, 2016.
                                                  decisions; and                                          application includes information the                  The Grants.gov ‘‘Apply’’ function will
                                                     (d) lessons learned and                              applicant considers to be a trade secret,             open by March 29, 2016. Applications
                                                  recommendations for future deployment                   confidential commercial information, or               should be submitted through http://
                                                  strategies to optimize transportation                   financial information, the applicant                  www.grants.gov.
                                                  efficiency and multimodal system                        should do the following: (1) Note on the              ADDRESSES: Applications must be
                                                  performance.                                            front cover that the submission                       submitted through www.Grants.gov.
                                                                                                          ‘‘Contains Confidential Business                      Only applicants who comply with all
                                                  G. Federal Awarding Agency Contacts                     Information (CBI)’’; (2) mark each                    submission requirements described in
                                                     For further information or questions                 affected page ‘‘CBI’’; and (3) highlight or           this notice and submit applications
                                                  concerning this notice, please contact                  otherwise denote the CBI portions. The                through www.Grants.gov will be eligible
                                                  the FHWA via email at ATCMTD@                           DOT protects such information from                    for award.
                                                  dot.gov. For questions about the                        disclosure to the extent allowed under                FOR FURTHER INFORMATION CONTACT: For
                                                  ATCMTD program discussed herein,                        applicable law. In the event DOT                      further information concerning this
                                                  contact Mr. Robert Arnold, Director,                    receives a Freedom of Information Act                 notice, please contact the FHWA via
                                                  FHWA Office of Transportation                           (FOIA) request for the information, it                email at STSFA@dot.gov. For questions
                                                  Management, telephone 202–366–1285                      will follow the procedures described in               about the STSFA program, contact Mr.
                                                  or via email at Robert.Arnold@dot.gov;                  its FOIA regulations at 49 CFR 7.17.                  Robert Arnold, Director, FHWA Office
                                                  or Mr. Egan Smith, Managing Director,                   Only information that is ultimately                   of Transportation Management,
                                                  ITS Joint Program Office, telephone                     determined to be confidential under that              telephone 202–366–1285, or via email at
                                                  202–366–9224 or via email at                            procedure will be exempt from                         Robert.Arnold@dot.gov; or Angela
                                                  Egan.Smith@dot.gov. A TDD is available                  disclosure under FOIA.                                Jacobs, Program Manager, telephone
                                                  at 202–366–3993. Additionally, the                        Authority: 23 U.S.C. 503(c)(4).                     202–366–0076, or via email at
                                                  notice, answers to questions, requests                                                                        Angela.Jacobs@dot.gov. For legal
                                                  for clarification, and information about                Gregory G. Nadeau,
                                                                                                                                                                questions, please contact Mr. Adam
                                                  Webinars for further guidance will be                   Administrator, Federal Highway
                                                                                                                                                                Sleeter, Attorney-Advisor, FHWA Office
                                                  posted at http://www.grants.gov/.                       Administration.
                                                                                                                                                                of the Chief Counsel, telephone 202–
                                                                                                          [FR Doc. 2016–07051 Filed 3–28–16; 8:45 am]
                                                  H. Other Information                                                                                          366–8839, or via email at
                                                                                                          BILLING CODE 4910–22–P
                                                                                                                                                                Adam.Sleeter@dot.gov. Business hours
                                                  1. Public Comment                                                                                             for the FHWA are from 8:00 a.m. to 4:30
                                                     The ATCMTD program is funded                                                                               p.m., e.t., Monday through Friday,
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                  through FY 2020. This notice solicits                                                                         except Federal holidays. A
                                                  applications for FY 2016 only. Because                  Federal Highway Administration                        telecommunications device for the deaf
                                                  this is the first year implementing the                                                                       (TDD) is available at 202–366–3993.
                                                  ATCMTD program, FHWA invites                            [FHWA Docket No. FHWA–2016–0006]                      Additionally, the DOT will regularly
                                                  interested parties to submit comments                                                                         post answers to questions, requests for
                                                                                                          Notice of Funding Opportunity for
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                                                  about this notice’s contents, the                                                                             clarification, and information about
                                                  FHWA’s implementation choices within                    Surface Transportation System                         Webinars for further guidance at
                                                  the legal bounds of the program, and                    Funding Alternatives Program                          http://www.grants.gov/.
                                                  suggestions for clarification in future                 AGENCY: Federal Highway                               SUPPLEMENTARY INFORMATION:
                                                  ATCMTD solicitations. The FHWA                          Administration (FHWA), Department of
                                                  seeks input on whether the information                                                                        Electronic Access
                                                                                                          Transportation (DOT).
                                                  requested in applications is reasonable                                                                         An electronic copy of this document
                                                                                                          ACTION: Notice of Funding Opportunity.
                                                  and clear and if additional merit criteria                                                                    may be downloaded from the Federal


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                                                  17544                         Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

                                                  Register’s Web site at http://                          design, acceptance, and implementation                traveled) and from new administrative
                                                  www.archives.gov and the Government                     of a user-based alternative revenue                   processes for collecting fees (such as
                                                  Printing Office’s database at http://                   mechanism. An application shall                       purchasing the necessary technology
                                                  www.access.gpo.gov/nara.                                address or describe how the proposed                  and reporting vehicle use). Of particular
                                                  SUPPLEMENTARY INFORMATION:      This                    demonstration has already addressed:                  concern are changes that could increase
                                                                                                             • Implementation, interoperability,                the relative cost burdens on
                                                  notice solicits applications for the
                                                                                                          public acceptance and potential hurdles               economically disadvantaged
                                                  STSFA program for FY 2016 from States
                                                                                                          to adoption of the demonstrated user-                 populations who would be least able to
                                                  or groups of States to demonstrate user-
                                                                                                          based alternative revenue mechanism.                  afford such a change. New mechanisms
                                                  based alternative revenue mechanisms
                                                                                                          There are a number of logistical,                     could also shift the relative costs paid
                                                  that utilize a user fee structure to
                                                                                                          technological, and societal issues that               by drivers in different regions of a State,
                                                  maintain the long-term solvency of the
                                                                                                          will need to be addressed in any                      particularly between urban and rural
                                                  Federal Highway Trust Fund. Each
                                                                                                          alternative to the current user fee                   areas.
                                                  section of this notice contains                                                                                  • Ease of user compliance. The
                                                                                                          structure. These range from potential
                                                  information and instructions relevant to                additional logistical burdens imposed                 current collection system for fuel taxes
                                                  the application process for STSFA                       by the mechanism to explaining to the                 (the predominant source of highway
                                                  grants. The applicant should read this                  public why the current gas tax is no                  user-based fees) is mostly transparent to
                                                  notice in its entirety to submit eligible               longer a sustainable funding source.                  the user; does not require any additional
                                                  and competitive applications.                           While some demonstrations of the                      action beyond fuel purchasing; and is
                                                  Table of Contents                                       effectiveness of alternative funding                  relatively invulnerable to avoidance by
                                                                                                          mechanisms to date have focused on                    consumers. Any new mechanism would
                                                  A. Program Description
                                                  B. Federal Award Information
                                                                                                          light vehicles, the consideration of the              need to carefully consider and evaluate
                                                  C. Eligibility Information                              impacts on heavy vehicles is also of                  how compliance can be enforced
                                                  D. Application and Submission Information               interest.                                             without imposing undue costs or other
                                                  E. Application Review Information                          • Privacy protection. The current                  burdens on different classes of users.
                                                  F. Federal Award Administration                         system provides almost complete                          • Reliability and security on the use
                                                       Information                                        privacy protection. Any new                           of technology. Threats to the success of
                                                  G. Federal Awarding Agency Contacts                     mechanism would have to provide the                   the mechanism can be both malicious
                                                                                                          same level of protection by design,                   (e.g., hacking attacks) and non-
                                                  A. Program Description
                                                                                                          either perceived or real, or employ                   malicious (e.g., equipment failures).
                                                     Section 6020 of the FAST Act (Pub. L.                mitigating strategies that reduce the risk            Any system should address the
                                                  114–94) directs the DOT to establish a                  to acceptable levels. This extends into               robustness of the technology and
                                                  program to provide grants to States or                  the area of data security and access                  processes to withstand and recover from
                                                  groups of States to demonstrate user-                   beyond the requirements of the user fee               such events.
                                                  based alternative revenue mechanisms                    collection.                                              The application for the pilot project
                                                  that utilize a user fee structure to                       • Use of independent and private                   may address:
                                                  maintain the long-term solvency of the                  third party vendors. The use of private                  • The flexibility and choices of user-
                                                  Highway Trust Fund. This solicitation                   sector third party vendors to administer              based alternative revenue mechanisms,
                                                  seeks applications that meet the                        and operate a system could reduce such                including the ability of users to select
                                                  following objectives:                                   costs, off-set administrative costs by                from various technology and payment
                                                     • To test the design, acceptance, and                offering value-added services, or                     options;
                                                  implementation of a user-based                          alleviate privacy concerns generated by                  • The cost of administering the user-
                                                  alternative revenue mechanisms.                         government administration of the user                 based alternative revenue mechanism;
                                                     • To improve the functionality of                    fee collection process. However, other                and
                                                  such user-based alternative revenue                     concerns could be raised depending on                    • The ability of the administering
                                                  mechanisms.                                             the degree of private sector involvement              entity to audit and enforce user
                                                     • To conduct outreach to increase                    envisioned.                                           compliance.
                                                  public awareness regarding the need for                    • Congestion mitigation impacts. To                   It is anticipated that up to $15 million
                                                  alternative funding sources for surface                 the extent market forces or                           will be awarded during FY 2016 for
                                                  transportation programs and to provide                  governmental incentives under the                     these three types of proposals, with
                                                  information on possible approaches.                     mechanism might positively or                         larger awards for new demonstration
                                                     • To provide recommendations                         negatively impact roadway congestion                  projects and extensions or
                                                  regarding adoption and implementation                   or be used to leverage congestion                     enhancements of existing demonstration
                                                  of user-based alternative revenue                       reduction strategies, those impacts                   projects, and smaller awards for pre-
                                                  mechanisms.                                             should be addressed in the proposal.                  demonstration activities. Projects
                                                     • To minimize the administrative cost                   • Equity concerns (including impacts               receiving awards for pre-demonstration
                                                  of deploying any potential user-based                   on differing income groups, various                   activities in FY 2016 are not guaranteed
                                                  alternative revenue mechanisms.                         geographic areas and relative burdens                 to receive future funding for
                                                     • Minimize the administrative costs                  on rural and urban drivers). The                      demonstration activities.
                                                  associated with the collection of fees.                 implementation of alternative user-                   B. Federal Award Information
                                                  Though pilot projects of any size or                    based revenue mechanisms may alter
                                                                                                                                                                  Per section 6020 of the FAST Act, the
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                                                  scope may be proposed, the DOT is                       the distribution of cost burdens among
                                                  most interested in funding larger scale                 different classes of users of the                     planned award type is a grant to a State
                                                  pilots, rather than smaller scale proof of              transportation system relative to those               or group of States.
                                                  concept projects, and in awarding funds                 imposed by current mechanisms for                     C. Eligibility Information
                                                  to both single State and multi-State                    funding surface transportation. Those
                                                  pilots.                                                 burdens could result from changes in                  1. Eligible Applicants
                                                     The purpose of the STSFA grants is                   the basis of assessing user fees (such as                To be selected for an STSFA award,
                                                  for a State or group of States to test the              from fuel consumption to miles                        an applicant must be a State or group of


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                                                                                          Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                                                                  17545

                                                  States. However, in the case of a group                                  Therefore, a minimum non-Federal cost                                     Notice of Funding Opportunity Number
                                                  of States, this solicitation requires that                               share of 50 percent is required. Cost                                     cited herein. The applicant must
                                                  a single State Department of                                             sharing or matching means the portion                                     complete and submit all forms included
                                                  Transportation (State DOT) serve as the                                  of project costs not paid by Federal                                      in the application package for this
                                                  lead agency for administering the                                        funds. For a more complete definition,                                    notice as contained at www.grants.gov.
                                                  program funding through the Federal-                                     please see the Uniform Administrative
                                                  aid highway program. Another State                                       Requirements, Cost Principles, and                                        2. Content and Form of Application
                                                  agency or a State agency in a different                                  Audit Requirements for Federal Awards                                     Submission
                                                  State (if the project involves a group of                                at part 200, title 2, Code of Federal
                                                  States) may be responsible for providing                                                                                                             The application must include the
                                                                                                                           Regulations (2 CFR 200), including
                                                  day-to-day project oversight. It is                                                                                                                Standard Form (SF) 424 (Application for
                                                                                                                           section 200.306 on cost sharing or
                                                  expected that at all relevant State                                      matching. Other Federal funds using the                                   Federal Assistance), SF 424A (Budget
                                                  agencies (e.g., Departments of Motor                                     appropriate matching share may be                                         Information for Non-Construction
                                                  Vehicles, Departments of Revenue)                                        leveraged for the deployment but cannot                                   Programs), SF 424B (Assurances for
                                                  needed to initiate a full-scale                                          be considered as part of the STSFA                                        Non-Construction Programs), Grants.gov
                                                  deployment of the proposed revenue                                       matching funds, unless otherwise                                          Lobbying Form, cover page, and the
                                                  mechanism will be actively involved in                                   supported by statute.                                                     Project Narrative. The SFs are available
                                                  the planning and operation of the                                                                                                                  online at http://www.grants.gov/web/
                                                  demonstration.                                                           D. Application and Submission                                             grants/forms/sf-424-family.html. More
                                                                                                                           Information                                                               detailed information about the cover
                                                  2. Cost Sharing or Matching
                                                                                                                           1. Address                                                                page and project narrative follows.
                                                     Cost sharing or matching is required,
                                                  with the maximum Federal share being                                       Applicants may obtain application                                       a. Cover Page Including the Following
                                                  50 percent of future eligible costs.                                     forms at www.grants.gov under the                                         Table

                                                                                                                        Project name

                                                  Previously Incurred Project Cost .......................................................................................................................            $
                                                  Future Eligible Project Cost ...............................................................................................................................        $
                                                  Total Project Cost ..............................................................................................................................................   $
                                                  STSFA Request .................................................................................................................................................     $
                                                  Total Federal Funding (including STSFA) .........................................................................................................                   $
                                                  Are matching funds restricted to a specific project component? If so, which one? ..........................................                                         Yes/No.
                                                  State(s) in which the project is located
                                                  Is the project currently programmed in the:                                                                                                                         Yes/No—please specify in which
                                                       • Transportation Improvement Program (TIP)                                                                                                                       plans the project is currently pro-
                                                       • Statewide Transportation Improvement Program (STIP)                                                                                                            grammed.
                                                       • Metropolitan Planning Organization (MPO) Long Range Transportation Plan
                                                       • State Long Range Transportation Plan



                                                  b. Project Narrative                                                     narrative be prepared with standard                                         (b) A description of how the entity
                                                                                                                           formatting preferences (i.e., a single-                                   will manage the program including
                                                    The application must include                                           spaced document, using a standard 12-                                     project funding
                                                  information required for the DOT to                                      point font such as Times New Roman,
                                                  determine that the project satisfies                                                                                                               In the case of a group of States,
                                                                                                                           with 1-inch margins). The project                                         applicants should show evidence that a
                                                  requirements described in sections A, B,                                 narrative may not exceed 25 pages in
                                                  and C and to assess the selection criteria                                                                                                         memorandum of understanding, or
                                                                                                                           length, excluding cover pages and table                                   other organizational mechanism can be
                                                  specified in section E.1. To the extent                                  of contents. The only substantive
                                                  practicable, applicants should provide                                                                                                             executed in a reasonable timeframe after
                                                                                                                           portions that may exceed the 25-page                                      selection
                                                  data and evidence of project merits in a                                 limit are documents to support
                                                  form that is verifiable or publicly                                                                                                                  (3) A description of the geographic
                                                                                                                           assertions or conclusions made in the                                     area or jurisdiction the deployment will
                                                  available. The DOT may ask any                                           project narrative, or résumés of key staff
                                                  applicant to supplement data in its                                                                                                                service.
                                                                                                                           described in the project narrative. If
                                                  application, but expects applications to                                                                                                             (4) A description of any challenges in
                                                                                                                           supporting documents are submitted,
                                                  be complete upon submission.                                                                                                                       the regulatory, legislative, or
                                                                                                                           applicants must clearly identify the
                                                    The DOT recommends that the project                                                                                                              institutional environments or other
                                                                                                                           relevant portion of the project narrative
                                                  narrative adhere to the following basic                                                                                                            obstacles to deployment.
                                                                                                                           that each supporting document supports
                                                  outline of a project description, staffing                               within the project narrative.                                               (5) A schedule for conducting the
                                                  description, and funding description to                                                                                                            demonstration and for completion of all
                                                  clearly address the program                                              c. Project Description                                                    proposed activities.
                                                  requirements and make critical                                              (1) An introduction that provides a                                      (6) Criteria contained in FAST Act
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                                                  information readily apparent. In                                         one to two-page summary of the                                            section 6020(d) (see section A ‘‘Program
                                                  addition to a detailed statement of work,                                proposed technology deployment(s).                                        Description’’ that explains what a pilot
                                                  detailed project schedule, and detailed                                     (2) A description of the entity that                                   project shall and may address).
                                                  project budget, the project narrative                                    will be entering into the agreement with                                  d. Organizational Information
                                                  should include a table of contents,                                      FHWA including:
                                                  maps, and graphics as appropriate to                                        (a) Membership of any partnership or                                     In addition to the forms, provide
                                                  make the information easier to review.                                   entity proposed to carry out the                                          answers to the following organizational
                                                  The DOT recommends that the project                                      deployment; and                                                           information questions in a pdf format:


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                                                  17546                         Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

                                                     (1) Identify any exceptions to the                   for convenience of the Government                     e.t., by May 20, 2016, which is the date
                                                  anticipated award terms and conditions                  within the past 3 years, and any                      and time by which the FHWA must
                                                  as contained in section F (Federal                      contract/agreement that was terminated                receive the full and completed
                                                  Award Administration Information).                      for default within the past 5 years.                  application, including all required
                                                  Identify any preexisting intellectual                   Briefly explain the circumstances in                  sections.
                                                  property that you anticipate using                      each instance.                                           To submit an application through
                                                  during award performance, and your                         (7) The applicant is directed to review            Grants.gov, applicants must:
                                                  position on its data rights during and                  2 CFR 170 (http://www.ecfr.gov/cgi-bin/                  (a) Obtain a DUNS number;
                                                  after the award period of performance.                  text-idx?c=ecfr&tpl=/ecfrbrowse/                         (b) Register with the SAM at
                                                     (2) The use of a Dun and Bradstreet                  Title02/2cfr170_main_02.tpl), dated                   www.sam.gov;
                                                  Data Universal Numbering System                         September 14, 2010, and Appendix A                       (c) Create a Grants.gov username and
                                                  (DUNS) number is required on all                        thereto, and acknowledge in its                       password; and
                                                  applications for Federal grants. Please                 application that it understands the                      (d) The E-business POC at the
                                                  provide your organization’s DUNS                        requirement, has the necessary                        applicant’s organization must respond
                                                  number in your budget application.                      processes and systems in place, and is                to the registration email from Grants.gov
                                                     (3) A statement to indicate whether                  prepared to fully comply with the                     and login to authorize the POC as an
                                                  your organization has previously                        reporting described in the term if it                 Authorized Organization Representative
                                                  completed an A–133 Single Audit and,                    receives funding resulting from this                  (AOR). Please note that there can only
                                                  if so, the date that the last A–133 Single              notice. The text of Appendix A will be                be one AOR per organization.
                                                  Audit was completed.                                    incorporated in the award document as                    Please note that the Grants.gov
                                                     (4) A statement regarding conflicts of               a General Term and Condition as                       registration process usually takes 2–4
                                                  interest. The applicant must disclose in                referenced under this notice’s section F              weeks to complete and late applications
                                                  writing any actual or potential personal                (Federal Award Administration                         that are the result of failure to register
                                                  or organizational conflict of interest in               Information).                                         or comply with Grants.gov applicant
                                                  its application that describes in a                        (8) Disclose any violations of Federal             requirements in a timely manner will
                                                  concise manner all past, present or                                                                           not be considered. For information and
                                                                                                          criminal law involving fraud, bribery, or
                                                  planned organizational, contractual or                                                                        instruction on each of these processes,
                                                                                                          gratuity violations. Failure to make
                                                  other interest(s), which may affect the                                                                       please see instructions at http://
                                                                                                          required disclosures can result in any of
                                                  applicants’ ability to perform the                                                                            www.grants.gov/web/grants/applicants/
                                                                                                          the remedies described in 2 CFR
                                                  proposed project in an impartial and                                                                          applicant-faqs.html. If interested parties
                                                                                                          200.338 (remedies for noncompliance,
                                                  objective manner. Actual or potential                                                                         experience difficulties at any point
                                                                                                          including suspension or debarment).
                                                  conflicts of interest may include but are                                                                     during the registration or application
                                                                                                          (See also 2 CFR 180 and section 3321,
                                                  not limited to any past, present or                                                                           process, please call the Grants.gov
                                                                                                          title 31, United States Code (31 U.S.C.
                                                  planned contractual, financial, or other                                                                      Customer Service Support Hotline at
                                                                                                          3321).)
                                                  relationships, obligations,                                                                                   800–518–4726, from 7:00 a.m. to 9:00
                                                  commitments, and responsibilities,                      c. Funding Description                                p.m., e.t., Monday through Friday.
                                                  which may bias the applicant or affect
                                                                                                             Applications must include a                        4. Consideration of Application
                                                  the applicant’s ability to perform the
                                                                                                          breakdown of estimated costs across
                                                  agreement in an impartial and objective                                                                          Only applicants who comply with all
                                                                                                          project work areas or tasks, including an
                                                  manner. The Agreement Officer (AO)                                                                            submission deadlines described in this
                                                                                                          identification of funding sources and
                                                  will review the statement(s) and may                                                                          notice and submit applications through
                                                                                                          amounts.
                                                  require additional relevant information                                                                       Grants.gov will be eligible for award.
                                                                                                             Unique identifier and system for
                                                  from the applicant. All such                                                                                  Applicants are strongly encouraged to
                                                                                                          award (SAM). The applicant is required
                                                  information, and any other relevant                                                                           make submissions in advance of the
                                                                                                          to: (1) Be registered in SAM before
                                                  information known to DOT, will be used                                                                        deadline.
                                                                                                          submitting its application; (2) provide a
                                                  to determine whether an award to the                                                                             Applicants interested in applying are
                                                                                                          valid unique entity identifier in its
                                                  applicant may create an actual or                                                                             encouraged to email STSFA@dot.gov no
                                                                                                          application; and (3) continue to
                                                  potential conflict of interest. If any such                                                                   later than April 22, 2016, with applicant
                                                                                                          maintain an active SAM registration
                                                  conflict of interest is found to exist, the                                                                   name, State in which project is located,
                                                                                                          with current information while it has an
                                                  AO may disqualify the applicant, or                                                                           approximate total project cost, amount
                                                                                                          active Federal award, application, or
                                                  determine that it is otherwise in the best                                                                    of the STSFA grant request, and a two
                                                                                                          plan under consideration by a Federal
                                                  interest of the United States to contract                                                                     or three-sentence project description.
                                                                                                          awarding agency.
                                                  with the applicant and include                                                                                The DOT seeks this early notification of
                                                                                                             The Federal awarding agency may not
                                                  appropriate provisions to mitigate or                                                                         interest to inform its allocation of
                                                                                                          make a Federal award to an applicant
                                                  avoid such conflict in the agreement                                                                          resources for application evaluations
                                                                                                          until the applicant has complied with
                                                  pursuant to 2 CFR 200.112.                                                                                    and to facilitate timely and efficient
                                                     (5) A statement to indicate whether a                all applicable unique entity identifier
                                                                                                          and SAM requirements. If an applicant                 awards.
                                                  Federal or State organization has
                                                  audited or reviewed the applicant’s                     has not fully complied with the                       5. Late Applications
                                                  accounting system, purchasing system,                   requirements by the time the Federal                     Applications received after the
                                                  and/or property control system. If such                 awarding agency is ready to make a                    deadline will not be considered except
                                                                                                          Federal award, it may determine that
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                                                  systems have been reviewed, provide                                                                           in the case of unforeseen technical
                                                  summary information of the audit/                       the applicant is not qualified and use                difficulties outlined below.
                                                  review results to include, as applicable,               that determination as a basis for denial.
                                                  the summary letter or agreement, date of                                                                      6. Late Application Policy
                                                                                                          Submission dates and times.
                                                  audit/review, and Federal or State point                                                                         Applicants experiencing technical
                                                                                                          3. Deadline                                           issues with Grants.gov that are beyond
                                                  of contact (POC) for such review.
                                                     (6) Terminated Contracts. List any                     Applications must be submitted                      the applicant’s control must contact
                                                  contract/agreement that was terminated                  through www.grants.gov by 3:00 p.m.,                  STSFA@dot.gov prior to the application


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                                                                                Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices                                            17547

                                                  deadline with the user name of the                        • Expertise and qualifications of key               DOT reserves the right to deny an award
                                                  registrant and details of the technical                 personnel for managing or conducting                  based on the results of the risk
                                                  issue experienced. The applicant must                   appropriate aspects of the proposed                   assessment.
                                                  provide:                                                technology deployment through the
                                                                                                                                                                F. Federal Award Administration
                                                     (a) Details of the technical issue                   period of performance.
                                                                                                            The FAST Act also requires DOT to                   Information
                                                  experienced;
                                                     (b) Screen capture(s) of the technical               consider geographic diversity in making               1. Federal Award Notices
                                                  issues experienced along with                           awards. Additionally, DOT is most                        Following the evaluation outlined in
                                                  corresponding Grants.gov grant tracking                 interested in funding larger scale pilots,            section E, the DOT will notify the
                                                  number;                                                 rather than smaller scale proof of                    selected applicants and announce the
                                                     (c) The legal business name for the                  concept projects, and awarding funds to               selected projects. Notice that an
                                                  applicant that was provided in the SF                   both single State and multi-State pilots.
                                                                                                                                                                applicant has been selected as a
                                                  424;
                                                     (d) The AOR name submitted in the                    2. Review and Selection Process                       recipient does not constitute approval of
                                                  SF 424;                                                    The DOT will review all eligible                   the application as submitted. Before the
                                                     (e) The DUNS number associated with                  applications received before the                      award, the DOT will contact the POC
                                                  the application; and                                    application deadline. The STSFA                       listed in the SF 424 to initiate
                                                     (f) The Grants.gov Help Desk Tracking                process consists of a technical                       negotiation of a project specific
                                                  Number.                                                 evaluation phase and senior review. In                agreement. If the negotiations do not
                                                     To ensure a fair competition of                      the technical evaluation phase, teams                 result in an acceptable submittal, the
                                                  limited discretionary funds, the                        will determine whether each project                   DOT reserves the right to terminate the
                                                  following conditions are not valid                      satisfies statutory requirements and rate             negotiation and decline to fund the
                                                  reasons to permit late submissions: (1)                 how well it addresses selection criteria.             applicant.
                                                  Failure to complete the registration                    The senior review team will consider                  2. Administrative and National Policy
                                                  process before the deadline; (2) failure                the applications and the technical                    Requirements
                                                  to follow Grants.gov instructions on                    evaluations to determine which projects
                                                  how to register and apply as posted on                  advance to the Secretary for                             All awards will be administered
                                                  its Web site; (3) failure to follow all of              consideration. Evaluations in both the                pursuant to the Uniform Administrative
                                                  the instructions in this notice; and (4)                technical evaluation and senior review                Requirements, Cost Principles and
                                                  technical issues experienced with the                   team phases will place projects into                  Audit Requirements for Federal Awards
                                                  applicant’s computer or information                     rating categories, not assign numerical               found in 2 CFR 200, as adopted by DOT
                                                  technology environment. After DOT                       scores. The Secretary will select the                 at 2 CFR 1201. Applicable Federal laws,
                                                  staff review all information submitted                  projects for award. The DOT reserves                  rules, and regulations set forth in 23
                                                  and validate reported technical issues,                 the right to use outside expertise and/               U.S.C. and 23 CFR also apply. For a list
                                                  DOT staff will contact late applicants to               or contractor support to perform                      of the applicable laws, rules,
                                                  approve or deny a request to submit a                   application evaluation. A panel of                    regulations, executive orders, polices,
                                                  late application. If the reported                       Agency experts will conduct a risk                    guidelines, and requirements related to
                                                  technical issues cannot be validated,                   assessment of the applicant prior to                  STSFA projects, please see http://
                                                  late applications will be rejected as                   award.                                                www.fhwa.dot.gov/aaa/
                                                  untimely.                                                  The DOT will award the applications                generaltermsconditions.cfm.
                                                                                                          that are considered the most                          3. Reporting
                                                  E. Application Review Information                       advantageous using the criteria cited
                                                  1. Criteria                                             above, subject to the results of an                   a. Progress Reporting on Grant Activity
                                                                                                          applicant’s risk assessment. In addition,                Each applicant selected for an STSFA
                                                     The DOT will evaluate applications
                                                                                                          per Sec. 6020 (e) of the FAST Act, the                grant must submit the Federal Financial
                                                  based on the following criteria, which
                                                                                                          DOT shall ensure, to the extent                       Report (SF 425) on the financial
                                                  are of equal importance.
                                                     Technical Merit Criteria:                            practicable, that grant recipients                    condition of the project and its progress,
                                                     • Alignment with program                             represent diverse geographic areas of the             and an Annual Budget Review and
                                                  requirements.                                           United States.                                        Program Plan to monitor the use of
                                                     • Reasonableness that the                                                                                  Federal funds and ensure accountability
                                                                                                          3. Other Information
                                                  demonstration could lead to a viable                                                                          and financial transparency.
                                                  alternative revenue mechanism.                             Prior to award, each selected
                                                                                                          applicant will be subject to a risk                   b. Reporting of Matters Related to
                                                     • Maturity or readiness of the                                                                             Integrity and Performance
                                                  technology to demonstrate the proposed                  assessment required by 2 CFR 200.205.
                                                  alternative revenue mechanism.                          The DOT must review and consider any                     If the total value of a selected
                                                     • Ability of the applicant to deploy                 information about the applicant in the                applicant’s currently active grants,
                                                  and sustain the proposed                                designated integrity and performance                  cooperative agreements, and
                                                  demonstration.                                          system that is accessible through SAM                 procurement contracts from all Federal
                                                     • Scalability or portability of the                  (currently the Federal Awardee                        awarding agencies exceeds $10 million
                                                  proposed demonstration mechanism to                     Performance and Integrity Information                 at any time during the period of
                                                  other jurisdictions.                                    System (FAPIIS)). An applicant may                    performance, then the applicant must
                                                     • Clarity, quality, and completeness
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                                                                                                          review information in FAPIIS and                      maintain the currency of SAM and
                                                  of the proposal.                                        comment on any information about                      FAPIIS information about civil,
                                                     Staffing Criteria:                                   itself. The DOT will consider comments                criminal, or administrative proceedings
                                                     • Degree that the Application                        by the applicant, in addition to the other            described in paragraph 2 of the award
                                                  includes a program/project management                   information in FAPIIS, in making a                    terms and conditions. This is a statutory
                                                  structure or organization that will                     judgment about the applicant’s integrity,             requirement under section 872 of Public
                                                  successfully oversee the proposed                       business ethics, and record of                        Law 110–417, as amended (41 U.S.C.
                                                  technology deployment.                                  performance under Federal awards. The                 2313). As required by section 3010 of


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                                                  17548                         Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

                                                  Public Law 111–212, all information                     0006 by July 1, 2016. To the extent                   Transportation Act’’ (FAST Act). That
                                                  posted in the designated integrity and                  practicable, FHWA will consider late-                 section extends the expiration date of
                                                  performance system on or after April 15,                filed comments.                                       hours-of-service (HOS) exemptions in
                                                  2011, except past performance reviews                                                                         effect on the date of enactment of the
                                                                                                          2. Protection of Confidential Business
                                                  required for Federal procurement                        Information                                           FAST Act to 5 years from the date of
                                                  contracts, will be publicly available.                                                                        issuance of the exemptions. The OTA
                                                                                                             To the extent practicable, all                     exemption from the Agency’s 30-minute
                                                  c. Reporting to the Secretary                           information submitted as part of or in                rest break requirement is limited to
                                                     Per section 6020(h) of the FAST Act,                 support of any application shall use                  commercial motor vehicle (CMV)
                                                  not later than 1 year after the date on                 publicly available data or data that can              drivers engaged in transporting timber
                                                  which the first eligible entity receives                be made public and methodologies that                 from Oregon forestlands, and further
                                                  an STSFA grant, and each year                           are accepted by industry practice and                 limited to periods of the year in which
                                                  thereafter, every recipient shall submit a              standards. If the application includes                the Oregon Department of Forestry
                                                  report to the Secretary that describes:                 information the applicant considers to                (ODF) has formally restricted logging
                                                     (1) How the demonstration activities                 be a trade secret or confidential                     operations to certain hours of the day
                                                  carried out with grant funds meet the                   commercial or financial information, the              due to an elevated risk of forest fire. The
                                                  objectives of the STSFA program; and                    applicant should do the following: (1)                Agency previously determined that the
                                                     (2) Lessons learned for future                       Note on the front cover that the                      CMV operations of OTA timber
                                                  deployment of alternative revenue                       submission ‘‘Contains Confidential                    transporters under this exemption
                                                  mechanisms that utilize a user fee                      Business Information (CBI);’’ (2) mark                would likely achieve a level of safety
                                                  structure.                                              each affected page ‘‘CBI;’’ and (3)                   equivalent to or greater than the level of
                                                                                                          highlight or otherwise denote the CBI                 safety that would be obtained in the
                                                  G. Federal Awarding Agency Contacts                     portions. The DOT protects such                       absence of the exemption.
                                                    For further information or questions                  information from disclosure to the
                                                                                                                                                                DATES: This limited exemption is
                                                  concerning this notice, please contact                  extent allowed under applicable law. In
                                                                                                          the event DOT receives a Freedom of                   effective from March 18, 2015, through
                                                  the FHWA via email at STSFA@dot.gov.                                                                          March 18, 2020.
                                                  For questions about the STSFA program                   Information Act (FOIA) request, it will
                                                                                                          follow the procedures described in its                SUPPLEMENTARY INFORMATION:
                                                  discussed herein, contact Mr. Robert
                                                  Arnold, Director, FHWA Office of                        FOIA regulations at 49 CFR 7.17. Only                 Legal Basis
                                                  Transportation Management, telephone                    information that is ultimately
                                                                                                          determined to be confidential under that                 FMCSA has authority under 49 U.S.C.
                                                  202–366–1285, or via email at
                                                                                                          procedure will be exempt from                         31136(e) and 31315 to grant exemptions
                                                  Robert.Arnold@dot.gov. A TDD is
                                                                                                          disclosure under FOIA.                                from certain parts of the Federal Motor
                                                  available at 202–366–3993.
                                                                                                                                                                Carrier Safety Regulations. FMCSA must
                                                  Additionally, the DOT will regularly                     Authority: Section 6020 of the Fixing
                                                                                                          America’s Surface Transportation Act (FAST
                                                                                                                                                                publish a notice of each exemption
                                                  post answers to questions, requests for
                                                                                                          Act) (Pub. L. 114–94).                                request in the Federal Register [49 CFR
                                                  clarification, and information about
                                                                                                                                                                381.315(a)].
                                                  Webinars for further guidance at                          Issued on: March 23, 2016.
                                                                                                                                                                   Section 5206(b)(2)(A) of the FAST Act
                                                  http://www.grants.gov/.                                 Gregory G. Nadeau,                                    requires FMCSA to extend any
                                                  H. Other Information                                    Administrator, Federal Highway                        exemption from any provision of the
                                                                                                          Administration.                                       HOS regulations under 49 CFR part 395
                                                  1. Public Comment                                       [FR Doc. 2016–07045 Filed 3–28–16; 8:45 am]           that was in effect on the date of
                                                     The STSFA program is funded                          BILLING CODE 4910–22–P                                enactment of the Act to a period of 5
                                                  through FY 2020. This notice solicits                                                                         years from the date the exemption was
                                                  applications for FY 2016 only. Because                                                                        granted. The exemption may be
                                                  this is the first year implementing the                 DEPARTMENT OF TRANSPORTATION                          renewed. Because this action merely
                                                  STSFA program, FHWA invites                                                                                   implements a statutory mandate that
                                                                                                          Federal Motor Carrier Safety
                                                  interested parties to submit comments                                                                         took effect on the date of enactment of
                                                                                                          Administration
                                                  about this notice’s contents,                                                                                 the FAST Act, notice and comment are
                                                  implementation choices within the legal                 [Docket No. FMCSA–2013–0451]                          not required.
                                                  bounds of the program, and suggestions
                                                  for clarification in future STSFA                       Hours of Service of Drivers: Oregon                   OTA Exemption
                                                  solicitations. The FHWA seeks input on                  Trucking Associations (OTA)                              The OTA, a trade association, applied
                                                  whether the information requested in                    Exemption; FAST Act Extension of                      for a limited exemption from the
                                                  applications is reasonable and clear and                Compliance Date                                       mandatory rest break requirement of 49
                                                  if additional merit criteria should be                  AGENCY: Federal Motor Carrier Safety                  CFR 395.3(a)(3)(ii) on behalf of all motor
                                                  considered. The FHWA may consider                       Administration (FMCSA), DOT.                          carriers and drivers who operate CMVs
                                                  the submitted comments and                              ACTION: Notice of final determination;                to transport logs in interstate commerce
                                                  suggestions when developing                             extension of existing exemption date.                 from Oregon forestlands.
                                                  subsequent STSFA notices and program                                                                             FMCSA reviewed OTA’s application
                                                  guidance, but they will not affect the                  SUMMARY:  FMCSA announces the                         and the public comments and
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                                                  program’s evaluation and selection                      extension of the exemption granted to                 concluded that limiting the timber
                                                  process for FY 2016 awards.                             the Oregon Trucking Associations                      operations of these CMV drivers to a
                                                  Applications or comments about                          (OTA) on March 18, 2015, for certain                  fixed 12-hour window would promote
                                                  specific projects should not be                         timber operations in Oregon. The                      safety at least as effectively as the 30-
                                                  submitted to the docket. Any                            Agency extends the expiration date from               minute break. These drivers operate like
                                                  application submitted to the document                   March 18, 2017 to March 18, 2020 in                   certain short-haul drivers, who are
                                                  will not be reviewed. Comments should                   response to section 5206(b)(2)(A) of the              already permitted to follow a 12-hour
                                                  be sent to Docket Number FHWA–2016–                     ‘‘Fixing America’s Surface                            duty period, during which they are


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Document Created: 2016-03-30 08:28:44
Document Modified: 2016-03-30 08:28:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Funding Opportunity.
DatesApplications must be submitted by 3:00 p.m., e.t., on or by May 20, 2016. The Grants.gov ``Apply'' function will open by March 29, 2016. Applications should be submitted through http://www.grants.gov.
ContactFor further information concerning this notice, please contact the FHWA via email at [email protected] For questions about the STSFA program, contact Mr. Robert Arnold, Director, FHWA Office of Transportation Management, telephone 202-366-1285, or via email at [email protected]; or Angela Jacobs, Program Manager, telephone 202-366-0076, or via email at [email protected] For legal questions, please contact Mr. Adam Sleeter, Attorney-Advisor, FHWA Office of the Chief Counsel, telephone 202-366-8839, or via email at [email protected] Business hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. A telecommunications device for the deaf (TDD) is available at 202-366- 3993. Additionally, the DOT will regularly post answers to questions, requests for clarification, and information about Webinars for further guidance at http://www.grants.gov/.
FR Citation81 FR 17543 

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