81_FR_76901 81 FR 76688 - Notice of Funding Opportunity for the Department of Transportation's Nationally Significant Freight and Highway Projects (FASTLANE Grants) for Fiscal Year 2017

81 FR 76688 - Notice of Funding Opportunity for the Department of Transportation's Nationally Significant Freight and Highway Projects (FASTLANE Grants) for Fiscal Year 2017

DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation

Federal Register Volume 81, Issue 213 (November 3, 2016)

Page Range76688-76698
FR Document2016-26496

The Fixing America's Surface Transportation Act (FAST Act) established the Nationally Significant Freight and Highway Projects (NSFHP) program to provide Federal financial assistance to projects of national or regional significance and authorized the program at $4.5 billion for fiscal years (FY) 2016 through 2020, including $850 million for FY 2017 to be awarded by the Secretary of Transportation. The U.S. Department of Transportation (USDOT/Department) will also refer to NSFHP grants as Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) grants. The purpose of this notice is to solicit applications for FY 2017 grants for the FASTLANE program. The Department also invites interested parties to submit comments about this notice's contents to public docket DOT-OST-2016-0016 by December 31, 2016.

Federal Register, Volume 81 Issue 213 (Thursday, November 3, 2016)
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76688-76698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26496]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2016-0016]


Notice of Funding Opportunity for the Department of 
Transportation's Nationally Significant Freight and Highway Projects 
(FASTLANE Grants) for Fiscal Year 2017

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

ACTION: Notice of funding opportunity.

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SUMMARY: The Fixing America's Surface Transportation Act (FAST Act) 
established the Nationally Significant Freight and Highway Projects 
(NSFHP) program to provide Federal financial assistance to projects of 
national or regional significance and authorized the program at $4.5 
billion for fiscal years (FY) 2016 through 2020, including $850 million 
for FY 2017 to be awarded by the Secretary of Transportation. The U.S. 
Department of Transportation (USDOT/Department) will also refer to 
NSFHP grants as Fostering Advancements in Shipping and Transportation 
for the Long-term Achievement of National Efficiencies (FASTLANE) 
grants. The purpose of this notice is to solicit applications for FY 
2017 grants for the FASTLANE program. The Department also invites 
interested parties to submit comments about this notice's contents to 
public docket DOT-OST-2016-0016 by December 31, 2016.

DATES: Applications must be submitted by 8:00 p.m. EST on December 15, 
2016. The Grants.gov ``Apply'' function will open by November 14, 2016.

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 Office of the Secretary via email at 
[email protected]. For more information about highway projects, 
please contact Crystal Jones at (202) 366-2976. For more information 
about maritime projects, please contact Robert Bouchard at (202) 366-
5076. For more information about rail projects, please contact 
Stephanie Lawrence at (202) 493-1376. For all other questions, please 
contact Howard Hill at (202) 366-0301. A TDD is available for 
individuals who are deaf or hard of hearing at 202-366-3993. 
Additionally, the Department will regularly post answers to questions 
and requests for clarifications as well as information about webinars 
for further guidance on USDOT's Web site at https://www.transportation.gov/buildamerica/FASTLANEgrants.

SUPPLEMENTARY INFORMATION: This notice solicits applications for the 
FASTLANE program for FY 2017. Each section of this notice contains 
information and instructions relevant to the application process for 
FASTLANE grants, and 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
    1. Amount Available
    2. Eligible Uses
    3. Other Restrictions
    4. Repeat Applications
C. Eligibility Information
    1. Eligible Applicants
    2. Cost Sharing or Matching
    3. Other
    i. Eligible Project
    ii. Eligible Project Costs
    iii. Minimum Project Size Requirement
    a. Large Projects
    b. Small Projects
    iv. Rural/Urban Area
    v. Application Limit
    vi. Project Components
D. Application and Submission Information
    1. Address
    2. Content and Form of Application
    i. Cover Page
    ii. Summary of Changes
    iii. Project Narrative
    a. Project Description
    b. Project Location
    c. Project Parties
    d. Grants Funds, Sources, and Uses of Project Funds
    e. Cost Effectiveness
    f. Project Readiness
    3. Unique Entity Identifier and System for Award Management 
(SAM)
    4. Submission Date and Timelines
    i. Deadline
    ii. Consideration of Application
    iii. Late Applications
    iv. Late Application Policy
E. Application Review Information
    1. Criteria
    i. Merit Criteria
    a. Economic Outcomes
    b. Mobility Outcomes
    c. Safety Outcomes
    d. Community and Environmental Outcomes
    ii. Other Review Criteria
    a. Partnership and Innovation
    b. Cost Share
    iii. Large/Small Project Requirements
    2. Review and Selection Process
    i. USDOT Review
    3. Additional Information
F. Federal Award Administration Information
    1. Federal Award Notices
    2. Administrative and National Policy Requirements
    3. Reporting
    i. Progress Reporting on Grant Activity
    ii. Reporting of Matters Related to Integrity and Performance
G. Federal Awarding Agency Contacts
H. Other Information
    1. Invitation for Public Comment on the FY 2017 Notice
    2. Response to Comments From the FY 2016 Notice
    3. Protection of Confidential Business Information

A. Program Description

    The Nationally Significant Freight and Highway Projects (NSFHP) 
program, as established by the Fixing America's Surface Transportation 
Act (FAST Act), Public Law 114-94, section 1105 (23 U.S.C. 117), will 
provide Federal financial assistance to freight and highway projects of 
national or regional significance. The Department will also refer to 
NSFHP grants as Fostering Advancements in Shipping and Transportation 
for the Long-term Achievement of National Efficiencies (FASTLANE) 
grants. The FASTLANE program provides dedicated, discretionary funding 
for projects that address critical freight issues facing our nation's 
highways and bridges, and for the first time in the U.S. Department of 
Transportation's 50-year history, establishes broad, multiyear 
eligibilities for freight infrastructure.
    To better adapt to national and regional population growth, compete 
in the global economy, and meet the needs of consumers and industry, 
the United States needs a strong multimodal transportation system. 
Beyond Traffic 2045: Trends and Choices (Beyond Traffic),\1\ the 
Department's 30-year framework for the future, outlines changing local 
and global patterns, including population and employment growth in 
burgeoning megaregions and significant growth in freight movement by 
ton and value. The report affirms the need to address freight 
bottlenecks that severely constrain system performance and capacity. 
The Department's draft National Freight Strategic Plan,\2\ released in 
October 2015, further

[[Page 76689]]

explores these challenges for freight transportation and identifies 
strategies to address impediments to the flow of goods throughout the 
nation.
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    \1\ https://www.transportation.gov/BeyondTraffic.
    \2\ https://www.transportation.gov/freight/NFSP.
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    The FASTLANE program provides an opportunity to address nationally 
or regionally significant challenges across the nation's transportation 
system including improving the safety, efficiency, and reliability of 
the movement of freight and people; generating national or regional 
economic benefits and increasing the United States' global 
competitiveness; reducing highway congestion and bottlenecks; enabling 
more efficient intermodal connections; minimizing delays at 
international borders; improving inadequate first and last mile 
segments; modernizing port facilities to meet 21st Century demands, 
including connections between ports and their surface transportation 
systems; enhancing the resiliency of critical intermodal infrastructure 
and helping protect the environment; improving grade crossings; 
improving roadways vital to national energy security; and addressing 
the impact of population growth on the movement of people and freight. 
The program also offers resources to advance highway and bridge 
projects on the National Highway System (NHS), including those that 
improve mobility through added capacity on the Interstate or address 
needs in a national scenic area. Recognizing the interconnected and 
multimodal nature of the nation's transportation system, the Department 
will give additional consideration to nationally or regionally 
significant multimodal and multijurisdictional projects.
    The Department will also consider whether projects enhance personal 
mobility and accessibility. Such projects include, but are not limited 
to, investments that better connect people to essential services such 
as employment centers, health care, schools and education facilities, 
healthy food, and recreation; remove physical or operational barriers 
to access; strengthen communities through neighborhood redevelopment; 
mitigate the negative impacts of freight movement on communities--such 
as road or railroad crossing congestion; and support workforce 
development, particularly for disadvantaged groups, which include low-
income groups, persons with visible and hidden disabilities, elderly 
individuals, and minority persons and populations. The Department may 
consider whether a project's design is likely to generate benefits for 
all users of the proposed project, including non-driving members of a 
community adjacent to or affected by the project.

B. Federal Award Information

1. Amount Available

    The FAST Act authorizes the FASTLANE program at $4.5 billion for 
fiscal years (FY) 2016 through 2020, including $850 million \3\ for FY 
2017 to be awarded by USDOT on a competitive basis to projects of 
national or regional significance that meet statutory requirements. The 
funding described in this notice is authorized for FY 2017 in FAST Act 
Section 1101(a)(5). The amount that will be available for awards is 
uncertain because the Department is issuing this notice before full-
year appropriations legislation has been enacted for FY 2017. The 
Department anticipates that up to approximately $787 million will be 
available for awards. But that estimate may be higher or lower than the 
final amount, which is dependent on future appropriations legislation. 
Any award selections under this notice will be subject to the 
availability of funds.
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    \3\ Funds are subject to the overall Federal-aid highway 
obligation limitation, and funds in excess of the obligation 
limitation provided to the program are distributed to the States. 
While $850 million is authorized for FY 2017, DOT estimates that 
approximately $787 million will be available for award. For 
additional information see FAST Act Sec.  1102 (f) and the 
Transportation, Housing and Urban Development, and Related Agencies 
Appropriations Act, 2016, Public Law 114-113, div. L Sec.  120. 
Applicants should note that the provisions of the FY2016 
appropriations act are only illustrative and may differ from what 
will be enacted in a full year FY 2017 appropriations act.
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    While the Department is initiating the process of soliciting 
applications for FY 2017, awards will be subject to the availability of 
funding; the Department is currently operating under a Continuing 
Resolution, and the obligation limitation distribution for the balance 
of the Fiscal Year will depend on Congressional action. However, as 
obligation limitation associated with this program currently expires at 
the end of the Fiscal Year, the Department is now beginning the process 
of soliciting applications to facilitate the possibility of awards with 
sufficient time for grantees to obligate in advance of peak 
construction season, while accounting for the requirement that the 
Department notify Congressional Committees 60 days ahead of awards.

2. Eligible Uses

    FASTLANE grants may be used for the construction, reconstruction, 
rehabilitation, acquisition of property (including land related to the 
project and improvements to the land), environmental mitigation, 
construction contingencies, equipment acquisition, and operational 
improvements directly related to system performance. FASTLANE grants 
may also fund developmental phase activities, including planning, 
feasibility analysis, revenue forecasting, environmental review, 
preliminary engineering, design, and other preconstruction activities, 
provided the project meets statutory requirements.
    The FAST Act allows a FASTLANE grant recipient to use FASTLANE 
funds granted to pay the subsidy and administrative costs necessary to 
receive credit assistance for the associated project under the 
Transportation Infrastructure Finance and Innovation Act of 1998 
(``TIFIA'') program.

3. Other Restrictions

    The Department will make awards under the FASTLANE program to both 
large and small projects. (Refer to section C.3.ii.for a definition of 
large and small projects.) For large projects, the FAST Act specifies 
that FASTLANE grants must be at least $25 million. For small projects, 
the grants must be at least $5 million. For both large and small 
projects, maximum FASTLANE awards may not exceed 60 percent of future 
eligible project costs. While 10 percent of available funds are 
reserved for small projects, 90 percent of funds are reserved for large 
projects. Applicants are strongly encouraged to submit applications 
only for eligible award amounts.
    Pursuant to the FAST Act, not more than $500 million in aggregate 
of the $4.5 billion authorized for FASTLANE grants over fiscal years 
2016 to 2020 may be used for grants to freight rail, water (including 
ports), or other freight intermodal projects that make significant 
improvements to freight movement on the National Highway Freight 
Network. After accounting for FY 2016 FASTLANE awards, approximately 
$326 million within this constraint remains available. Only the non-
highway portion(s) of multimodal projects count toward the $500 million 
maximum. Improving freight movement on the National Highway Freight 
Network may include shifting freight transportation to other modes, 
thereby reducing congestion and bottlenecks on the National Highway 
Freight Network. The Federal share for projects that count toward the 
$500 million maximum may fund only elements of the project that provide 
public benefit. Grade crossing and grade separation projects do not 
count toward the $500 million maximum for freight rail, port, and 
intermodal projects.

[[Page 76690]]

    The FAST Act directs at least 25 percent of the funds provided for 
FASTLANE grants must be used for projects located in rural areas, as 
defined in Section C.3.iv. If the Department does not receive enough 
qualified applications to fully award the 25 percent reserved for rural 
projects, the Department may use the excess funding for non-rural 
awards. The USDOT must consider geographic diversity among grant 
recipients, including the need for a balance in addressing the needs of 
urban and rural areas.

4. Repeat Applications

    In response to the FY 2016 FASTLANE solicitation (81 FR 10955), 
USDOT received applications for more eligible, excellent projects than 
could be funded in the first year of the program. Because the 
evaluation criteria described in this notice do not differ from the 
criteria in the FY 2016 solicitation and because USDOT requires 
applications to be submitted within 45 days of this notice, USDOT 
anticipates that some FY 2016 applicants who did not receive FY 2016 
awards will resubmit their applications with few or no changes. If an 
applicant is re-applying for a project for which that applicant applied 
for FY 2016 funds and was not awarded, the applicant should highlight 
new or revised information in the application. This will improve the 
evaluation process by allowing USDOT to avoid redundant evaluations and 
focus evaluation resources on new information. To the extent that a 
resubmitted application contains few or no changes, USDOT may rely on 
previous analysis when considering the project for a FY 2017 award.

C. Eligibility Information

    To be selected for an FASTLANE grant, an applicant must be an 
Eligible Applicant and the project must be an Eligible Project that 
meets the Minimum Project Size Requirement.

1. Eligible Applicants

    Eligible applicants for FASTLANE grants are (1) a State or group of 
States; (2) a metropolitan planning organization that serves an 
Urbanized Area (as defined by the Bureau of the Census) with a 
population of more than 200,000 individuals; (3) a unit of local 
government or group of local governments; (4) a political subdivision 
of a State or local government; (5) a special purpose district or 
public authority with a transportation function, including a port 
authority; (6) a Federal land management agency that applies jointly 
with a State or group of States; (7) a tribal government or a 
consortium of tribal governments; or (8) a multi-State or 
multijurisdictional group of public entities. Multiple States or 
jurisdictions that submit a joint application should identify a lead 
applicant as the primary point of contact. Each applicant in a joint 
application must be an Eligible Applicant. Joint applications should 
include a description of the roles and responsibilities of each 
applicant and should be signed by each applicant.

2. Cost Sharing or Matching

    FASTLANE grants may be used for up to 60 percent of future eligible 
project costs. Other Federal assistance may satisfy the non-Federal 
share requirement for a FASTLANE grant, but total Federal assistance 
for a project receiving a FASTLANE grant may not exceed 80 percent of 
the future eligible project costs. Non-Federal sources include State 
funds originating from programs funded by State revenue, local funds 
originating from State or local revenue funded programs, private funds 
or other funding sources of non-Federal origins. If a Federal land 
management agency applies jointly with a State or group of States, and 
that agency carries out the project, then Federal funds that were not 
made available under titles 23 or 49 of the United States Code may be 
used for the non-Federal share. Unless otherwise authorized by statute, 
local cost-share may not be counted as non-Federal share for both the 
FASTLANE and another Federal program. For any project, the Department 
cannot consider previously incurred costs or previously expended or 
encumbered funds towards the matching requirement. Matching funds are 
subject to the same Federal requirements described in Section F.2 as 
awarded funds.

3. Other

i. Eligible Project
    Eligible projects for FASTLANE grants are: Highway freight projects 
carried out on the National Highway Freight Network (23 U.S.C. 167); 
highway or bridge projects carried out on the NHS, including projects 
that add capacity on the Interstate System to improve mobility or 
projects in a national scenic area; railway-highway grade crossing or 
grade separation projects; or a freight project that is (1) an 
intermodal or rail project, or (2) within the boundaries of a public or 
private freight rail, water (including ports), or intermodal facility. 
A project within the boundaries of a freight rail, water (including 
ports), or intermodal facility must be a surface transportation 
infrastructure project necessary to facilitate direct intermodal 
interchange, transfer, or access into or out of the facility and must 
significantly improve freight movement on the National Highway Freight 
Network. For a freight project within the boundaries of a freight rail, 
water (including ports), or intermodal facility, Federal funds can only 
support project elements that provide public benefits.
ii. Eligible Project Costs
    Eligible costs under the FASTLANE program include development phase 
activities, including planning, feasibility analysis, revenue 
forecasting, environmental review, preliminary engineering and design 
work, and other pre-construction activities, as well as construction, 
reconstruction, rehabilitation, acquisition of real property, 
environmental mitigation, construction contingencies, acquisition of 
equipment, and operational improvements directly related to system 
performance.
iii. Minimum Project Size Requirement
    For the purposes of determining whether a project meets the minimum 
project size requirement, the Department will count all future eligible 
project costs under the award and some related costs incurred before 
selection for an FASTLANE grant. Previously incurred costs will be 
counted toward the minimum project size requirement only if they were 
eligible project costs under Section C.3.ii. and were expended as part 
of the project for which the applicant seeks funds. Although those 
previously incurred costs may be used for meeting the minimum project 
size thresholds described in this Section, they cannot be reimbursed 
with FASTLANE grant funds, nor will the count toward the project's 
required non-Federal share.
a. Large Projects
    The minimum project size for large projects is the lesser of $100 
million; 30 percent of a State's FY 2016 Federal-aid apportionment if 
the project is located in one State; or 50 percent of the larger 
participating State's FY 2016 apportionment for projects located in 
more than one State. The following chart identifies the minimum total 
project cost for projects for FY 2017 for both single and multi-State 
projects.

------------------------------------------------------------------------
                                                                Multi-
                                                   One-State     State
                      State                         minimum    minimum *
                                                  (millions)  (millions)
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Alabama.........................................        $100        $100
Alaska..........................................         100         100

[[Page 76691]]

 
Arizona.........................................         100         100
Arkansas........................................         100         100
California......................................         100         100
Colorado........................................         100         100
Connecticut.....................................         100         100
Delaware........................................          51          86
Dist. of Col....................................          49          81
Florida.........................................         100         100
Georgia.........................................         100         100
Hawaii..........................................          51          86
Idaho...........................................          87         100
Illinois........................................         100         100
Indiana.........................................         100         100
Iowa............................................         100         100
Kansas..........................................         100         100
Kentucky........................................         100         100
Louisiana.......................................         100         100
Maine...........................................          56          94
Maryland........................................         100         100
Massachusetts...................................         100         100
Michigan........................................         100         100
Minnesota.......................................         100         100
Mississippi.....................................         100         100
Missouri........................................         100         100
Montana.........................................         100         100
Nebraska........................................          88         100
Nevada..........................................         100         100
New Hampshire...................................          50          84
New Jersey......................................         100         100
New Mexico......................................         100         100
New York........................................         100         100
North Carolina..................................         100         100
North Dakota....................................          76         100
Ohio............................................         100         100
Oklahoma........................................         100         100
Oregon..........................................         100         100
Pennsylvania....................................         100         100
Puerto Rico.....................................          47          74
Rhode Island....................................          67         100
South Carolina..................................         100         100
South Dakota....................................          86         100
Tennessee.......................................         100         100
Texas...........................................         100         100
Utah............................................         100         100
Vermont.........................................          62         100
Virginia........................................         100         100
Washington......................................         100         100
West Virginia...................................         100         100
Wisconsin.......................................         100         100
Wyoming.........................................          78         100
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* For multi-State projects, the minimum project size is the largest of
  the multi-State minimums from the participating States.

b. Small Projects
    A small project is an eligible project that does not meet the 
minimum project size described in Section C.3.iii.a.
iv. Rural/Urban Area
    The FASTLANE statute defines a rural area as an area outside an 
Urbanized Area \4\ with a population of over 200,000. In this notice, 
urban area is defined as inside an Urbanized Area, as a designated by 
the U.S. Census Bureau, with a population of 200,000 or more.\5\ Cost 
share requirements and minimum grant awards are the same for projects 
located in rural and urban areas. The Department will consider a 
project to be in a rural area if the majority of the project 
(determined by geographic location(s) where the majority of the money 
is to be spent) is located in a rural area. Rural and urban definitions 
differ in some other USDOT programs, including TIFIA and the FY 2016 
TIGER Discretionary Grants Program.
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    \4\ For Census 2010, the Census Bureau defined an Urbanized Area 
(UA) as an area that consists of densely settled territory that 
contains 50,000 or more people. Updated lists of UAs are available 
on the Census Bureau Web site at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/. For the purposes of the FASTLANE program, 
Urbanized Areas with populations fewer than 200,000 will be 
considered rural.
    \5\ See www.transportation.gov/FASTLANEgrants for a list of 
Urbanized Areas with a population of 200,000 or more.
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v. Application Limit
    To encourage applicants to prioritize their FASTLANE submissions, 
each eligible applicant may submit no more than three applications. The 
three-application limit applies only to applications where the 
applicant is the lead applicant. There is no limit on applications for 
which an applicant can be listed as a partnering agency. If a lead 
applicant submits more than three applications as the lead applicant, 
only the first three received will be considered.
vi. Project Components
    An application may describe a project that contains more than one 
component, and may describe components that may be carried out by 
parties other than the applicant. Applicants should clearly identify 
all highway, bridge, and freight-related components comprising the 
total project. The USDOT may award funds for a component, instead of 
the larger project, if that component (1) independently meets minimum 
award amounts described in Section B and all eligibility requirements 
described in Section C; (2) independently aligns well with the 
selection criteria specified in Section E; and (3) meets National 
Environmental Policy Act (NEPA) requirements with respect to 
independent utility. Independent utility means that the component will 
represent a transportation improvement that is usable and represents a 
reasonable expenditure of USDOT funds even if no other improvements are 
made in the area, and will be ready for intended use upon completion of 
that component's construction. All project components that are 
presented together in a single application must demonstrate a 
relationship or connection with one another. (See Section D.2.f. for 
Required Approvals).
    Applicants should be aware that, depending upon the relationship 
between project components and upon applicable Federal law, USDOT 
funding of only some project components may make other project 
components subject to Federal requirements as described in Section F.2.
    The USDOT strongly encourages applicants to identify in their 
applications the project components that have independent utility and 
separately detail costs and requested FASTLANE funding for each 
component. If the application identifies one or more independent 
project components, the application should clearly identify how each 
independent component addresses selection criteria and produces 
benefits on its own, in addition to describing how the full proposal of 
which the independent component is a part addresses selection criteria.

D. Application and Submission Information

1. Address

    Applications must be submitted through www.Grants.gov. Instructions 
for submitting applications can be found at https://www.transportation.gov/buildamerica/FASTLANEgrants.

2. Content and Form of Application

    The application must include the Standard Form 424 (Application for 
Federal Assistance), Standard Form 424C (Budget Information for 
Construction Programs), cover page, and the Project Narrative. More 
detailed information about the cover page and Project Narrative 
follows.
i. Cover Page Including the Following Chart

------------------------------------------------------------------------
                Project name
------------------------------------------------------------------------
Was a FASTLANE application for this project  Yes/no.
 submitted previously?.
If yes, what was the name of the project in
 the previous application?

[[Page 76692]]

 
Previously Incurred Project Cost...........  $.
Future Eligible Project Cost...............  $.
Total Project Cost.........................  $.
FASTLANE Request...........................  $.
Total Federal Funding (including FASTLANE).  $.
Are matching funds restricted to a specific  Yes/no.
 project component? If so, which one?.
Is the project or a portion of the project   Yes/no.
 currently located on National Highway
 Freight Network?.
Is the project or a portion of the project   Yes/no (for each question).
 located on the NHS?.
     Does the project add capacity
     to the Interstate system?
     Is the project in a national
     scenic area?
Do the project components include a railway- Yes/no.
 highway grade crossing or grade separation
 project?.
     If so, please include the
     grade crossing ID.
Do the project components include an         Yes/no.
 intermodal or freight rail project, or
 freight project within the boundaries of a
 public or private freight rail, water
 (including ports), or intermodal facility?.
If answered yes to either of the two
 component questions above, how much of
 requested FASTLANE funds will be spent on
 each of these projects components?.
State(s) in which project is located
Small or large project.....................  Small/Large.
Urbanized Area in which project is located,
 if applicable.
Population of Urbanized Area
Is the project currently programmed in the:
     TIP                             Yes/no (please specify in
     STIP..........................   which plans the project is
     MPO Long Range Transportation    currently programmed).
     Plan.
     State Long Range
     Transportation Plan.
     State Freight Plan?...........
------------------------------------------------------------------------

ii. Summary of Changes
    If a FASTLANE application for this project was previously 
submitted, please describe any changes between the FY 2016 and FY 2017 
applications. The changes should be summarized on a single page 
following the Cover Page AND highlighted throughout the application on 
a section-by-section basis. Because the evaluation criteria described 
in this notice do not differ from the criteria in the FY 2016 
solicitation and because USDOT requires applications to be submitted 
within 45 days of this notice, USDOT anticipates that some FY 2016 
applicants who did not receive FY 2016 awards will resubmit their 
applications with few or no changes.
iii. Project Narrative
    The USDOT recommends that the project narrative adhere to the 
following basic outline to clearly address the program requirements and 
make critical information readily apparent:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
I. Project Description....................  See D.2.iii.a.
II. Project Location......................  See D.2.iii.b.
III. Project Parties......................  See D.2.iii.c.
IV. Sources and Uses of all Project         See D.2.iii.d.
 Funding.
V. Merit Criteria.........................  See E.1.i. a,b,c,d and
                                             E.1.ii.a.b.
VI. Large/Small Project Requirements......  See E.1.iii.
VII. Cost Effectiveness...................  See D.2.iii.e.
VIII. Project Readiness...................  See D.2.iii.f.
------------------------------------------------------------------------

    The application should include information required for USDOT to 
determine that the project satisfies project requirements described in 
Sections 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 USDOT may ask any applicant to supplement data in its 
application, but expects applications to be complete upon submission.
    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 USDOT 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 
supporting documents to support assertions or conclusions made in the 
25-page project narrative. If possible, Web site links to supporting 
documentation should be provided rather than copies of these supporting 
materials. If supporting documents are submitted, applicants should 
clearly identify within the project narrative the relevant portion of 
the project narrative that each supporting document supports. At the 
applicant's discretion, relevant materials provided previously to a 
modal administration in support of a different USDOT financial 
assistance program may be referenced and described as unchanged. The 
USDOT recommends using appropriately descriptive final names (e.g., 
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding and 
Letters of Support,'' etc.) for all attachments. The USDOT recommends 
applications include the following sections:
    a. Project Description including a description of the project size, 
including previously incurred expenses, to show the project meets 
minimum project size requirements, a description of what requested 
FASTLANE and matching funds will support, how the project is nationally 
or regionally significant, information on the expected users of the 
project, a description of the transportation challenges the project 
aims to address, and how the project will address these challenges. The 
description should include relevant data for before and after the 
project is built, such as passenger and freight volumes, congestion 
levels, infrastructure condition, and safety experience, including 
citations for data sources. Examples of potentially relevant data can 
be found at www.transportation.gov/FASTLANEgrants, but USDOT

[[Page 76693]]

encourages applicants to identify the most relevant information for 
their project.
    b. Project Location including a detailed description of the 
proposed project and geospatial data for the project, as well as a map 
of the project's location and its connections to existing 
transportation infrastructure. If the project is located within the 
boundary of a Census-designated Urbanized Area, the application should 
identify the Urbanized Area.
    c. Project Parties including information about the grant recipient 
and other affected public and private parties who are involved in 
delivering the project, such as port authorities, terminal operators, 
freight railroads, shippers, carriers, freight-related associations, 
third-party logistics providers, and the freight industry workforce.
    d. Grant Funds, Sources and Uses of Project Funds including 
information to demonstrate the viability and completeness of the 
project's financing package, assuming the availability of the requested 
FASTLANE grant funds. The applicant should show evidence of stable and 
reliable capital and (as appropriate) operating fund commitments 
sufficient to cover estimated costs; the availability of contingency 
reserves should planned capital or operating revenue sources not 
materialize; evidence of the financial condition of the project 
sponsor; and evidence of the grant recipient's ability to manage 
grants. At a minimum, applicants should include:
    (i) Future eligible cost, as defined in Section C.3.ii-iii.
    (ii) Availability and commitment of all committed and expected 
funding sources and uses of all project funds for future eligible 
project costs, including the identity of all parties providing funds 
for the project and their percentage shares; any restrictions attached 
to specific funds; compliance or a schedule for compliance with all 
conditions applicable to each funding source, and, to the extent 
possible, funding commitment letters from non-Federal sources.
    (iii) Federal funds already provided and the size, nature, and 
source of the required match for those funds, as well as pending or 
past Federal funding requests for the project. This information should 
demonstrate that the requested FASTLANE funds do not exceed 60 percent 
of future eligible project costs and that total Federal funding will 
not exceed 80 percent of future eligible project costs. This 
information should also show that local share for the FASTLANE grant is 
not counted as the matching requirement for another Federal program.
    (iv) A detailed project budget containing a breakdown of how the 
funds will be spent. That budget should estimate--both dollar amount 
and percentage of cost--the cost of work for each project component. If 
the project will be completed in individual segments or phases, a 
budget for each individual segment or phase should be included. Budget 
spending categories should be broken down between FASTLANE, other 
Federal, and non-Federal sources, and this breakdown should also 
identify how each funding source will share in each activity.
    (v) Amount of requested FASTLANE funds that will be spent on 
highway, bridge, freight intermodal or freight rail, port, grade 
crossing or grades separation project components.
    e. Cost-Effectiveness analysis should demonstrate that the project 
is likely to deliver its anticipated benefits at reasonable costs. 
Applicants should delineate each of their project's expected outputs 
and costs in the form of a complete Benefit-Cost Analysis (BCA) to 
enable the Department to consider cost-effectiveness (small projects) 
or determine whether the project is cost effective (for large 
projects). The primary economic benefits from projects eligible for 
FASTLANE grants are likely to include time savings for passenger travel 
and freight shipments, improvements in transportation safety, reduced 
damages from emissions of greenhouse gases and criteria air pollutants, 
and savings in maintenance costs to public agencies. Applicants should 
submit a BCA in support of each project for which they seek funding 
that quantifies each of these benefits, provides monetary estimates of 
their economic value, and compares the properly-discounted present 
values of these benefits to the project's estimated costs. Where 
applicants cannot adequately monetize benefits, they are urged to 
identify non-monetary measures for other categories of benefits 
(examples below) to assist the Department in making cost-effectiveness 
and other determinations about projects.
    Many projects are likely to generate other categories of benefits 
that are more difficult to quantify and value in economic terms, but 
are nevertheless important considerations in determining whether a 
proposed project is cost-effective. These may include impacts such as 
improving the reliability of passenger travel times or freight 
deliveries, improvements to the existing human and natural environments 
surrounding the project, increased connectivity, access, and mobility, 
benefits to public health, stormwater runoff mitigation, and noise 
reduction. Applicants should identify each category of impact or 
benefits that is not already included in the estimated dollar value of 
their project's benefits (as described above), and wherever possible 
provide numerical estimates of the magnitude and timing of each of 
these additional impacts.
    For the purpose of evaluating cost-effectiveness, project costs 
should include those for constructing, operating, and maintaining the 
proposed project, including a detailed breakdown of those costs by 
spending category and the expected timing or schedule for costs in each 
category.
    To assist in USDOT's cost-effectiveness evaluation, applicants 
should provide all relevant files used for their BCA, including any 
spreadsheet files and technical memos describing the analysis (whether 
created in-house or by a contractor). The spreadsheets and technical 
memos should present the calculations in sufficient detail to allow the 
analysis to be reproduced by USDOT evaluators. Detailed guidance for 
estimating some types of quantitative benefits and costs, together with 
recommended economic values for converting them to dollar terms and 
discounting to their present values, are available in USDOT's guidance 
for conducting BCAs for projects seeking funding under the FASTLANE 
program (see https://www.transportation.gov/buildamerica/FASTLANEgrants).
    Applicants for freight projects within the boundaries of a freight 
rail, water (including ports), or intermodal facility should also 
quantify the benefits of their proposed projects for freight movements 
on the National Highway Freight Network, and should demonstrate that 
the Federal share of the project funds only elements of the project 
that provide public benefits.
    f. Project Readiness including information to demonstrate that the 
project is reasonably expected to begin construction in a timely 
manner. For a large project, the Department cannot award a project that 
is not reasonably expected to begin construction within 18 months of 
obligation of funds for the project. The Department will determine that 
large projects with an obligation date beyond September 30, 2020 are 
not reasonably expected to begin construction within 18 months of 
obligation. Obligation occurs when a selected applicant and USDOT enter 
a written, project-specific agreement and is generally after the 
applicant has satisfied applicable administrative requirements, 
including transportation

[[Page 76694]]

planning and environmental review requirements. Depending on the nature 
of pre-construction activities included in the awarded project, the 
Department may obligate funds in phases.
    Preliminary engineering and right-of-way acquisition activities, 
such as environmental review, design work, and other preconstruction 
activities, do not fulfill the requirement to begin construction within 
18 months of obligation for large projects.
    To assist the Department's project readiness determination, the 
Department will consider information provided in this Section D.2.ii.d. 
(Grant Funds, Sources and Uses of Project Funds) in addition to the 
following information:
    (i) Technical Feasibility. The technical feasibility of the project 
should be demonstrated by engineering and design studies and 
activities; the development of design criteria and/or a basis of 
design; the basis for the cost estimate presented in the FASTLANE 
application, including the identification of contingency levels 
appropriate to its level of design; and any scope, schedule, and budget 
risk-mitigation measures. Applicants should include a detailed 
statement of work that focuses on the technical and engineering aspects 
of the project and describes in detail the project to be constructed.
    (ii) Project Schedule. The applicant should include a detailed 
project schedule that identifies all major project milestones. Examples 
of such milestones include State and local planning approvals 
(programming on the STIP), start and completion of NEPA and other 
environmental reviews and approvals including permitting; design 
completion; right of way acquisition; approval of plan, specification 
and estimate (PS&E); procurement; State and local approvals; project 
partnership and implementation agreements including agreements with 
railroads; and construction. The project schedule should be 
sufficiently detailed to demonstrate that:
    (a) All necessary activities will be complete to allow grant funds 
to be obligated sufficiently in advance of the statutory deadline, and 
that any unexpected delays will not put the funds at risk of expiring 
before they are obligated;
    (b) the project can begin construction quickly upon receipt of a 
FASTLANE grant, and that the grant funds will be spent expeditiously 
once construction starts; and
    (c) all property and/or right-of-way acquisition will be completed 
in a timely manner in accordance with 49 CFR part 24 and other legal 
requirements or a statement that no acquisition is necessary.
(iii) Required Approvals
    (a) Environmental Permits and Reviews: As noted in Section 
D.2.ii.f.iii above, the application should demonstrate receipt (or 
reasonably anticipated receipt) of all environmental approvals and 
permits necessary for the project to proceed to construction on the 
timeline specified in the project schedule and necessary to meet the 
statutory obligation deadline, including satisfaction of all Federal, 
State and local requirements and completion of the NEPA process. 
Although Section C.3.vi (Project Components) of this notice encourages 
applicants to identify independent project components, those components 
may not be separable for the NEPA process. In such cases, the NEPA 
review for the independent project component may have to include 
evaluation of all project components as connected, similar, or 
cumulative actions, as detailed at 40 CFR 1508.25. In addition, the 
scope of the NEPA decision may affect the applicability of the Federal 
requirements on the project described in the application. Specifically, 
the application should include:
    (1) Information about the NEPA status of the project. If the NEPA 
process is completed, an applicant should indicate the date of, and 
provide a Web site link or other reference to the final Categorical 
Exclusion, Finding of No Significant Impact, Record of Decision, or any 
other NEPA documents prepared. If the NEPA process is underway but not 
complete, the application should detail the type of NEPA review 
underway, where the project is in the process, and indicate the 
anticipated date of completion of all milestones and of the final NEPA 
determination. If the NEPA documents are approaching ten years old, the 
applicant should include a proposed approach for updating this 
material.
    (2) Information on reviews, approvals, and permits by other 
agencies. An application should indicate whether the proposed project 
requires reviews or approval actions by other agencies,\6\ indicate the 
status of such actions, and provide detailed information about the 
status of those reviews or approvals and or demonstrate compliance with 
any other applicable Federal, State, or local requirements. Applicants 
should provide a Web site link or other reference to copies of any 
reviews, approvals, and permits prepared.
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    \6\ Projects that may impact protected resources such as 
wetlands, species habitat, cultural or historic resources require 
review and approval by Federal and State agencies with jurisdiction 
over those resources.
---------------------------------------------------------------------------

    (3) Environmental studies or other documents--preferably through a 
Web site link--that describe in detail known project impacts, and 
possible mitigation for those impacts.
    (4) A description of discussions with the appropriate USDOT modal 
administration field or headquarters office regarding compliance with 
NEPA and other applicable environmental reviews and approvals.
    (5) A description of public engagement to date about the project 
including the degree to which public comments and commitments have been 
integrated into project development and design.
    b. State and Local Approvals. The applicant should demonstrate 
receipt of State and local approvals on which the project depends, such 
as local government funding commitments or TIF approval. Additional 
support from relevant State and local officials is not required; 
however, an applicant should demonstrate that the project is broadly 
supported.
    c. State and Local Planning. The planning requirements of the 
operating administration administering the FASTLANE project will 
apply,\7\ including intermodal projects located at airport 
facilities.\8\ Applicants should

[[Page 76695]]

demonstrate that a project that is required to be included in the 
relevant State, metropolitan, and local planning documents has been or 
will be included. If the project is not included in the relevant 
planning documents at the time the application is submitted, the 
applicant should submit a statement from the appropriate planning 
agency that actions are underway to include the project in the relevant 
planning document.
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    \7\ In accordance with 23 U.S.C. 134 and 135, all projects 
requiring an action by the Federal Highway Administration (FHWA) 
must be in the metropolitan transportation plan, transportation 
improvement program (TIP) and statewide transportation improvement 
program (STIP). Further, in air quality non-attainment and 
maintenance areas, all regionally significant projects, regardless 
of the funding source, must be included in the conforming 
metropolitan transportation plan and TIP. To the extent a project is 
required to be on a metropolitan transportation plan, TIP, and/or 
STIP, it will not receive a FASTLANE grant until it is included in 
such plans. Projects not currently included in these plans can be 
amended by the State and metropolitan planning organization (MPO). 
Projects that are not required to be in long range transportation 
plans, STIPs, and TIPs will not need to be included in such plans in 
order to receive a FASTLANE grant. Port, freight rail, and 
intermodal projects are not required to be on the State Rail Plans 
called for in the Passenger Rail Investment and Improvement Act of 
2008. However, applicants seeking funding for freight projects are 
encouraged to demonstrate that they have done sufficient planning to 
ensure that projects fit into a prioritized list of capital needs 
and are consistent with long-range goals. Means of demonstrating 
this consistency would to include the projects in TIPs or a State 
Freight Plan that conforms to the requirements Section 70202 of 
Title 49 prior to the start of construction. Port planning 
guidelines are available at StrongPorts.gov.
    \8\ Projects at grant obligated airports, must be compatible 
with the FAA-approved Airport Layout Plan (ALP), as well as 
aeronautical surfaces associated with the landing and takeoff of 
aircraft at the airport. Additionally, projects at an airport: must 
comply with established Sponsor Grant Assurances, including (but not 
limited to) requirements for non-exclusive use facilities, 
consultation with users, consistency with local plans including 
development of the area surrounding the airport, and consideration 
of the interest of nearby communities, among others; and must not 
adversely affect the continued and unhindered access of passengers 
to the terminal.
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    To the extent possible, freight projects should be included in a 
State Freight Plan and supported by a State Freight Advisory Committee 
(49 U.S.C. 70201, 70202). Applicants should provide links or other 
documentation supporting this consideration.
    Because projects have different schedules, the construction start 
date for each FASTLANE grant will be specified in the project-specific 
agreements signed by relevant modal administration and the grant 
recipients and will be based on critical path items identified by 
applicants in response to items (iv)(a) through (c) above, and be 
consistent with other relevant State or local plan, including bicycle 
and pedestrian plans, economic development plans, local land-use plans, 
and water and coastal zone management plans.
    (iv) Assessment of Project Risks and Mitigation Strategies. Project 
risks, such as procurement delays, environmental uncertainties, 
increases in real estate acquisition costs, uncommitted local match, or 
lack of legislative approval, affect the likelihood of successful 
project start and completion. The applicant should identify the 
material risks to the project and the strategies that the lead 
applicant and any project partners have undertaken or will undertake in 
order to mitigate those risks. Information provided in response to 
Section D.2.ii.f.i-iv above should be referenced in developing this 
assessment. The applicant should assess the greatest risks to the 
project and identify how the project parties will mitigate those risks. 
The USDOT will consider projects that contain risks, but expects the 
applicant to clearly and directly describe achievable mitigation 
strategies.
    The applicant, to the extent it is unfamiliar with the Federal 
program, should contact USDOT modal field or headquarters offices as 
found at www.transportation.gov/FASTLANEgrants for information on what 
steps are pre-requisite to the obligation of Federal funds in order to 
ensure that their project schedule is reasonable and that there are no 
risks of delays in satisfying Federal requirements.

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

    Each applicant must: (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 at all times during which it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency. The USDOT may not make a FASTLANE grant to an 
applicant until the applicant has complied with all applicable unique 
entity identifier and SAM requirements and, if an applicant has not 
fully complied with the requirements by the time USDOT is ready to make 
an FASTLANE grant, USDOT may determine that the applicant is not 
qualified to receive an FASTLANE grant and use that determination as a 
basis for making an FASTLANE grant to another applicant.

4. Submission Dates and Timelines

i. Deadline
    Applications must be submitted by 8:00 p.m. EST on December 15, 
2016. The Grants.gov ``Apply'' function will open by November 14, 2016. 
The Department has determined that an application deadline fewer than 
60 days after this notice is published is appropriate because the 
accelerated timeline is necessary to satisfy the statutory 60-day 
Congressional notification requirement, as well as to ensure the timely 
obligation of available funds.
    To submit an application through Grants.gov, applicants must:
    a. Obtain a Data Universal Numbering System (DUNS) number:
    b. Register with the System Award for Management (SAM) at 
www.sam.gov;
    c. Create a Grants.gov username and password; and
    d. The E-business Point of Contact (POC) at the applicant's 
organization must respond to the registration email from Grants.gov and 
login at Grants.gov to authorize the 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 1 (800) 518-4726, Monday-Friday from 7:00 a.m. to 
9:00 p.m. EST.
ii. 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.
iii. Late Applications
    Applications received after the deadline will not be considered 
except in the case of unforeseen technical difficulties outlined in 
Section 4.iv.
iv. Late Application Policy
    Applicants experiencing technical issues with Grants.gov that are 
beyond the applicant's control must contact [email protected] 
prior to the application 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 of funding opportunity; and (4) technical 
issues experienced with the applicant's computer or information 
technology environment. After USDOT staff review all information 
submitted and contact

[[Page 76696]]

the Grants.gov Help Desk to validate reported technical issues, USDOT 
staff will contact late applicants to approve or deny a request to 
submit a late application through Grants.gov. If the reported technical 
issues cannot be validated, late applications will be rejected as 
untimely.

E. Application Review Information

1. Criteria

i. Merit Criteria
    For both large and small projects, the Department will consider the 
extent to which the project addresses the following criteria:
a. Economic Outcomes
    Improving the efficiency and reliability of the surface 
transportation system at the regional or national level to increase the 
global economic competitiveness of the United States, including 
improving connectivity between freight modes of transportation, 
improving roadways vital to national energy security, facilitating 
freight movement across land border crossings, and addressing the 
impact of population growth on the movement of people and freight.
b. Mobility Outcomes
    Improving the movement of people and goods by maintaining highways, 
bridges, and freight infrastructure in a state of good repair, 
enhancing the resiliency of critical surface transportation 
infrastructure, and significantly reducing highway congestion and 
bottlenecks.
c. Safety Outcomes
    Achieving a significant reduction in traffic fatalities and serious 
injuries on the surface transportation system, as well as improving 
interactions between roadway users, reducing the likelihood of 
derailments or high consequence events, and improving safety in 
transporting certain types of commodities.
d. Community and Environmental Outcomes
    How and whether the project mitigates harm to communities and the 
environment, extends benefits to the human and natural environment, or 
enhances personal mobility and accessibility. This includes reducing 
the negative effects of existing infrastructure, removing barriers, 
avoiding harm to the human and natural environment, and using design 
improvements to enhance access (where appropriate) and environmental 
quality for affected communities. Projects should also reflect 
meaningful community input provided during project development.
ii. Other Review Criteria
a. Partnership and Innovation
    Demonstrating strong collaboration among a broad range of 
stakeholders or using innovative strategies to pursue primary outcomes 
listed above including efforts to reduce delivery delays. Additional 
consideration will be given for the use of innovative and flexible 
designs and construction techniques or innovative technologies.
b. Cost Share
    FASTLANE grants must have one or more stable and dependable sources 
of funding and financing to construct, maintain, and operate the 
project, subject to the parameters in Section C.2. Applicants should 
provide sufficient information to demonstrate that the project cannot 
be easily and efficiently completed without other Federal funding or 
financial assistance available to the project sponsor. Additional 
consideration will be given to the use of nontraditional financing, as 
well as the use of non-Federal contributions. The Department may 
consider the form of cost sharing presented in an application. Firm 
commitments of cash that indicate a complete project funding package 
and demonstrate local support for the project are more competitive than 
other forms of cost sharing.
iii. Large/Small Project Requirements
    For a large project to be selected, the Department must determine 
that the project generates national or regional economic, mobility, or 
safety benefits; is cost-effective; contributes to one or more of the 
goals described in 23 U.S.C 150; is based on the results of preliminary 
engineering; has one or more stable and dependable funding or financing 
sources available to construct, maintain, and operate the project, and 
contingency amounts are available to cover unanticipated cost 
increases; cannot be easily and efficiently completed without other 
Federal funding or financial assistance; and is reasonably expected to 
begin construction no later than 18 months after the date of 
obligation. These requirements have been translated into a question 
format in the table below. If you are applying for an award for a large 
project, use this section to provide specific evidence on how your 
project addresses these requirements, or refer to where the evidence 
can be found elsewhere in your application.

1. Does the project generate national or regional economic, mobility, 
safety benefits?
2. Is the project cost effective?
3. Does the project contribute to one or more of the Goals listed under 
23 USC 150 (and shown below)?
    (b) National Goals.--It is in the interest of the United States to 
focus the Federal-aid highway program on the following national goals:
    (1) Safety.--To achieve a significant reduction in traffic 
fatalities and serious injuries on all public roads.
    (2) Infrastructure condition.--To maintain the highway 
infrastructure asset system in a state of good repair.
    (3) Congestion reduction.--To achieve a significant reduction in 
congestion on the NHS.
    (4) System reliability.--To improve the efficiency of the surface 
transportation system.
    (5) Freight movement and economic vitality.--To improve the 
national freight network, strengthen the ability of rural communities 
to access national and international trade markets, and support 
regional economic development.
    (6) Environmental sustainability.--To enhance the performance of 
the transportation system while protecting and enhancing the natural 
environment.
    (7) Reduced project delivery delays.--To reduce project costs, 
promote jobs and the economy, and expedite the movement of people and 
goods by accelerating project completion through eliminating delays in 
the project development and delivery process, including reducing 
regulatory burdens and improving agencies' work practices.
4. Is the project based on the results of preliminary engineering?
5a. With respect to non-federal financial commitments, does the project 
have one or more stable and dependable funding or financing sources to 
construct, maintain, and operate the project?
5b. Are contingency amounts available to cover unanticipated cost 
increases?
6. Is it the case that the project cannot be easily and efficiently 
completed without other federal funding or financial assistance 
available to the project sponsor?
7. Is the project reasonably expected to begin construction not later 
than 18 months after the date of obligation of funds for the project?

    In responding to the Large Project Requirements, here are some 
guidelines

[[Page 76697]]

which may assist you in completing your application:

--National or regional economic, mobility, and safety benefits, as well 
as a contribution to national goals, are often demonstrated in the 
Merit Criteria section of the application.
--NEPA completion is a sufficient indication the project is based on 
the results of preliminary engineering. For more information on 
preliminary engineering activities, please see: https://www.fhwa.dot.gov/federalaid/150311.cfm.
--Historical trends, current policy, or future feasibility analyses can 
be used as evidence to substantiate the stable and dependable nature of 
the non-federal funding or financing committed to the project 
construction, operation, and maintenance.
--Contingency amounts are often, but not always, expressly shown in 
project budgets or the SF-424C. If your project cost estimates include 
an implicit contingency calculation, please say so directly.
--Discussing the impact that not having any federal funding, including 
a FASTLANE grant, would have on project's schedule, cost, or likelihood 
of completion, can help convey whether a project can be completed as 
easily or efficiently without federal funding available to the project 
sponsor.

    2. For a small project to be selected, the Department must consider 
the cost effectiveness of the proposed project and the effect of the 
proposed project on mobility in the State and region in which the 
project is carried out. If you are applying for an award for a small 
project, use this section to provide specific evidence on how your 
project addresses these requirements, or refer to where the evidence 
can be found elsewhere in your application.

3. Review and Selection Process

i. USDOT Review
    The USDOT will review all eligible applications received before the 
application deadline. The FASTLANE process consists of a Technical 
Evaluation phase and Senior Review. In the Technical Evaluation phase 
teams will, for each project, determine whether the 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 to 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. A Quality Control and Oversight Team 
will ensure consistency across project evaluations and appropriate 
documentation throughout the review and selection process. The FAST Act 
requires Congressional notification, in writing, at least 60 days 
before making a FASTLANE grant.

4. Additional Information

    Prior to award, each selected applicant will be subject to a risk 
assessment required by 2 CFR 200.205. The Department must review and 
consider any information about the applicant that is in the designated 
integrity and performance system accessible through SAM (currently the 
Federal Awardee Performance and Integrity Information System (FAPIIS)). 
An applicant may review information in FAPIIS and comment on any 
information about itself. The Department will consider comments by the 
applicant in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notices

    Following the evaluation outlined in Section E, the Secretary will 
announce awarded projects by posting a list of selected projects at 
https://www.transportation.gov/buildamerica/FASTLANEgrants. Following 
the announcement, the Department will contact the point of contact 
listed in the SF 424 to initiate negotiation of a project specific 
agreement.

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 part 200, as adopted by USDOT at 2 CFR 
part 1201. Additionally, applicable Federal laws, rules and regulations 
of the relevant modal administration administering the project will 
apply to the projects that receive FASTLANE grants, including planning 
requirements, Stakeholder Agreements, Buy America compliance, and other 
requirements under USDOT's other highway, transit, rail, and port grant 
programs. A project carried out under this FASTLANE program will be 
treated as if the project is located on a Federal-aid highway. For an 
illustrative list of the applicable laws, rules, regulations, executive 
orders, policies, guidelines, and requirements as they relate to an 
FASTLANE, please see http://www.ops.fhwa.dot.gov/Freight/infrastructure/nsfhp/fy2016_gr_exhbt_c/index.htm.

3. Reporting

i. Progress Reporting on Grant Activity
    Each applicant selected for an FASTLANE grant must submit the 
Federal Financial Report (SF-425) on the financial condition of the 
project and the project's progress, as well as an Annual Budget Review 
and Program Plan to monitor the use of Federal funds and ensure 
accountability and financial transparency in the FASTLANE program.
ii. Reporting of Matters Related to Integrity and Performance
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported to the System for Award Management (SAM) that is 
made available in the designated integrity and performance system 
(currently the Federal Awardee Performance and Integrity Information 
System (FAPIIS)) about civil, criminal, or administrative proceedings 
described in paragraph 2 of this award term and condition. This is a 
statutory requirement under section 872 of Public Law 110-417, as 
amended (41 U.S.C. 2313). As required by section 3010 of Public Law 
111-212, all information posted in the designated integrity and 
performance system on or after April 15, 2011, except past performance 
reviews required for Federal procurement contracts, will be publicly 
available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Office of the Secretary via email at [email protected]. For more 
information about highway projects, please contact Crystal Jones at 
(202) 366-2976. For more information about maritime projects, please 
contact Robert Bouchard at (202) 366-5076. For more information about 
rail projects, please contact Stephanie Lawrence at (202) 493-1376. For 
more information about railway-highway grade crossing

[[Page 76698]]

projects, please contact Karen McClure at (202) 493-6417. For all other 
questions, please contact Howard Hill at (202) 366-0301. A TDD is 
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, up to the application deadline, USDOT will post 
answers to common questions and requests for clarifications on USDOT's 
Web site at https://www.transportation.gov/buildamerica/FASTLANEgrants. 
To ensure applicants receive accurate information about eligibility or 
the program, the applicant is encouraged to contact USDOT directly, 
rather than through intermediaries or third parties, with questions.

H. Other Information

1. Invitation for Public Comment on the FY 2017 Notice

    The FAST Act authorized the FASTLANE program through FY 2020. This 
notice solicits applications for FY2017 only. The Department invites 
interested parties to submit comments about this notice's contents, the 
Department's implementation choices, as well as suggestions for 
clarification in future FASTLANE rounds. The Department may consider 
the submitted comments and suggestions when developing subsequent 
FASTLANE solicitations and guidance, but submitted comments will not 
affect the selection criteria for the FY 2017 round. Applications or 
comments about specific projects should not be submitted to the docket. 
Any application submitted to the docket will not be reviewed. Comments 
should be sent DOT-OST-2016-0016 by December 31, 2016, but, to the 
extent practicable, the Department will consider late filed comments.

2. Response to Comments on the FY 2016 Notice

    The Department received four comments in response to the FY16 
Notice of Funding Opportunity, published under docket DOT-OST-2016-
0022. The Department appreciates the feedback from our stakeholders.
    Two commenters addressed USDOT's intent to prioritize projects that 
enhance personal mobility and accessibility.\9\ Congress established 
multiple goals for the FASTLANE discretionary grant program, including 
the improvement of the safety, efficiency, and reliability of movement 
of both people and freight. It is the view of USDOT that considering 
the impact that transportation projects have on personal mobility and 
accessibility, particularly of disadvantaged groups, is entirely 
compatible with the goals of the program.
---------------------------------------------------------------------------

    \9\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0005; https://www.regulations.gov/document?D=DOT-OST-2016-0022-0006.
---------------------------------------------------------------------------

    Another goal for the program which was incorporated into USDOT's 
evaluation was the reduction of highway congestion and bottlenecks, 
including bottlenecks similar to the ``Missing Links'' described by one 
commenter.\10\
---------------------------------------------------------------------------

    \10\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0003.
---------------------------------------------------------------------------

    Two commenters requested that the USDOT publish a full list of 
applications for FASTLANE funding.\11\ USDOT has published such a list 
at https://www.transportation.gov/buildamerica/FASTLANEgrants.
---------------------------------------------------------------------------

    \11\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0005; https://www.regulations.gov/document?D=DOT-OST-2016-0022-0006.
---------------------------------------------------------------------------

    Finally, one commenter encouraged DOT to change the population 
eligibility criteria for Metropolitan Planning Organizations.\12\ Under 
23 U.S.C. 117(c)(1)(B), an MPO that serves an urbanized area with a 
population of more than 200,000 is an eligible applicant, and DOT lacks 
discretion to change that statutory threshold. However, if an MPO is 
organized as a unit of local government or a political subdivision of a 
State or local government, then that MPO satisfies other eligibility 
criteria and the size of the urbanized area that it serves does not 
affect eligibility.
---------------------------------------------------------------------------

    \12\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0002.
---------------------------------------------------------------------------

3. Protection of Confidential Business Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If 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 USDOT protects such information from disclosure to the extent 
allowed under applicable law. In the event USDOT receives a Freedom of 
Information Act (FOIA) request for the information, USDOT 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.
    Following the completion of the selection process and announcement 
of awards, the Department intends to publish a list of all applications 
received along with the names of the applicant organizations and 
funding amounts requested.

    Issued On: October 28, 2016.
Blair C. Anderson,
Under Secretary.
[FR Doc. 2016-26496 Filed 11-2-16; 8:45 am]
 BILLING CODE 4910-9X-P



                                                  76688                      Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                    Issued in Washington, DC, on October 31,              366–2976. For more information about                    d. Community and Environmental
                                                  2016, under authority delegated in 49 CFR               maritime projects, please contact Robert                   Outcomes
                                                  1.97.                                                   Bouchard at (202) 366–5076. For more                    ii. Other Review Criteria
                                                  Linda Daugherty,                                                                                                a. Partnership and Innovation
                                                                                                          information about rail projects, please                 b. Cost Share
                                                  Deputy Associate Administrator for Field                contact Stephanie Lawrence at (202)                     iii. Large/Small Project Requirements
                                                  Operations.                                             493–1376. For all other questions,                      2. Review and Selection Process
                                                  [FR Doc. 2016–26565 Filed 11–2–16; 8:45 am]             please contact Howard Hill at (202)                     i. USDOT Review
                                                  BILLING CODE 4910–60–P                                  366–0301. A TDD is available for                        3. Additional Information
                                                                                                          individuals who are deaf or hard of                   F. Federal Award Administration
                                                                                                          hearing at 202–366–3993. Additionally,                     Information
                                                  DEPARTMENT OF TRANSPORTATION                                                                                    1. Federal Award Notices
                                                                                                          the Department will regularly post
                                                                                                                                                                  2. Administrative and National Policy
                                                                                                          answers to questions and requests for                      Requirements
                                                  Office of the Secretary of
                                                                                                          clarifications as well as information                   3. Reporting
                                                  Transportation
                                                                                                          about webinars for further guidance on                  i. Progress Reporting on Grant Activity
                                                  [Docket No. DOT–OST–2016–0016]                          USDOT’s Web site at https://                            ii. Reporting of Matters Related to Integrity
                                                                                                          www.transportation.gov/buildamerica/                       and Performance
                                                  Notice of Funding Opportunity for the                   FASTLANEgrants.                                       G. Federal Awarding Agency Contacts
                                                  Department of Transportation’s                                                                                H. Other Information
                                                  Nationally Significant Freight and                      SUPPLEMENTARY INFORMATION:       This                   1. Invitation for Public Comment on the FY
                                                  Highway Projects (FASTLANE Grants)                      notice solicits applications for the                       2017 Notice
                                                  for Fiscal Year 2017                                    FASTLANE program for FY 2017. Each                      2. Response to Comments From the FY
                                                                                                                                                                     2016 Notice
                                                                                                          section of this notice contains                         3. Protection of Confidential Business
                                                  AGENCY: Office of the Secretary of                      information and instructions relevant to
                                                  Transportation, U.S. Department of                                                                                 Information
                                                                                                          the application process for FASTLANE
                                                  Transportation.                                         grants, and the applicant should read                 A. Program Description
                                                  ACTION: Notice of funding opportunity.                  this notice in its entirety to submit                    The Nationally Significant Freight
                                                  SUMMARY:   The Fixing America’s Surface                 eligible and competitive applications.                and Highway Projects (NSFHP)
                                                  Transportation Act (FAST Act)                           Table of Contents                                     program, as established by the Fixing
                                                  established the Nationally Significant                                                                        America’s Surface Transportation Act
                                                  Freight and Highway Projects (NSFHP)                    A. Program Description                                (FAST Act), Public Law 114–94, section
                                                                                                          B. Federal Award Information                          1105 (23 U.S.C. 117), will provide
                                                  program to provide Federal financial                      1. Amount Available
                                                  assistance to projects of national or                                                                         Federal financial assistance to freight
                                                                                                            2. Eligible Uses
                                                  regional significance and authorized the                                                                      and highway projects of national or
                                                                                                            3. Other Restrictions
                                                  program at $4.5 billion for fiscal years                  4. Repeat Applications                              regional significance. The Department
                                                  (FY) 2016 through 2020, including $850                  C. Eligibility Information                            will also refer to NSFHP grants as
                                                  million for FY 2017 to be awarded by                      1. Eligible Applicants                              Fostering Advancements in Shipping
                                                  the Secretary of Transportation. The                      2. Cost Sharing or Matching                         and Transportation for the Long-term
                                                  U.S. Department of Transportation                         3. Other                                            Achievement of National Efficiencies
                                                  (USDOT/Department) will also refer to                     i. Eligible Project                                 (FASTLANE) grants. The FASTLANE
                                                                                                            ii. Eligible Project Costs                          program provides dedicated,
                                                  NSFHP grants as Fostering
                                                                                                            iii. Minimum Project Size Requirement               discretionary funding for projects that
                                                  Advancements in Shipping and                              a. Large Projects
                                                  Transportation for the Long-term                                                                              address critical freight issues facing our
                                                                                                            b. Small Projects
                                                  Achievement of National Efficiencies                                                                          nation’s highways and bridges, and for
                                                                                                            iv. Rural/Urban Area
                                                  (FASTLANE) grants. The purpose of this                    v. Application Limit                                the first time in the U.S. Department of
                                                  notice is to solicit applications for FY                  vi. Project Components                              Transportation’s 50-year history,
                                                  2017 grants for the FASTLANE program.                   D. Application and Submission Information             establishes broad, multiyear eligibilities
                                                  The Department also invites interested                    1. Address                                          for freight infrastructure.
                                                  parties to submit comments about this                     2. Content and Form of Application                     To better adapt to national and
                                                  notice’s contents to public docket DOT–                   i. Cover Page                                       regional population growth, compete in
                                                                                                            ii. Summary of Changes                              the global economy, and meet the needs
                                                  OST–2016–0016 by December 31, 2016.                       iii. Project Narrative                              of consumers and industry, the United
                                                  DATES: Applications must be submitted                     a. Project Description                              States needs a strong multimodal
                                                  by 8:00 p.m. EST on December 15, 2016.                    b. Project Location                                 transportation system. Beyond Traffic
                                                  The Grants.gov ‘‘Apply’’ function will                    c. Project Parties
                                                                                                                                                                2045: Trends and Choices (Beyond
                                                  open by November 14, 2016.                                d. Grants Funds, Sources, and Uses of
                                                                                                               Project Funds                                    Traffic),1 the Department’s 30-year
                                                  ADDRESSES: Applications must be                                                                               framework for the future, outlines
                                                                                                            e. Cost Effectiveness
                                                  submitted through www.Grants.gov.                         f. Project Readiness                                changing local and global patterns,
                                                  Only applicants who comply with all                       3. Unique Entity Identifier and System for          including population and employment
                                                  submission requirements described in                         Award Management (SAM)                           growth in burgeoning megaregions and
                                                  this notice and submit applications                       4. Submission Date and Timelines                    significant growth in freight movement
                                                  through www.Grants.gov will be eligible                   i. Deadline                                         by ton and value. The report affirms the
                                                  for award.                                                ii. Consideration of Application
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                                                                                                                                                                need to address freight bottlenecks that
                                                  FOR FURTHER INFORMATION CONTACT: For                      iii. Late Applications
                                                                                                                                                                severely constrain system performance
                                                  further information concerning this                       iv. Late Application Policy
                                                                                                          E. Application Review Information                     and capacity. The Department’s draft
                                                  notice, please contact the Office of the                  1. Criteria                                         National Freight Strategic Plan,2
                                                  Secretary via email at                                    i. Merit Criteria                                   released in October 2015, further
                                                  FASTLANEgrants@dot.gov. For more                          a. Economic Outcomes
                                                  information about highway projects,                       b. Mobility Outcomes                                  1 https://www.transportation.gov/BeyondTraffic.

                                                  please contact Crystal Jones at (202)                     c. Safety Outcomes                                    2 https://www.transportation.gov/freight/NFSP.




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                                                                             Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                           76689

                                                  explores these challenges for freight                   of a community adjacent to or affected                 contingencies, equipment acquisition,
                                                  transportation and identifies strategies                by the project.                                        and operational improvements directly
                                                  to address impediments to the flow of                                                                          related to system performance.
                                                                                                          B. Federal Award Information
                                                  goods throughout the nation.                                                                                   FASTLANE grants may also fund
                                                     The FASTLANE program provides an                     1. Amount Available                                    developmental phase activities,
                                                  opportunity to address nationally or                       The FAST Act authorizes the                         including planning, feasibility analysis,
                                                  regionally significant challenges across                FASTLANE program at $4.5 billion for                   revenue forecasting, environmental
                                                  the nation’s transportation system                      fiscal years (FY) 2016 through 2020,                   review, preliminary engineering, design,
                                                  including improving the safety,                         including $850 million 3 for FY 2017 to                and other preconstruction activities,
                                                  efficiency, and reliability of the                      be awarded by USDOT on a competitive                   provided the project meets statutory
                                                  movement of freight and people;                         basis to projects of national or regional              requirements.
                                                  generating national or regional                         significance that meet statutory                         The FAST Act allows a FASTLANE
                                                  economic benefits and increasing the                    requirements. The funding described in                 grant recipient to use FASTLANE funds
                                                  United States’ global competitiveness;                  this notice is authorized for FY 2017 in               granted to pay the subsidy and
                                                  reducing highway congestion and                         FAST Act Section 1101(a)(5). The                       administrative costs necessary to receive
                                                  bottlenecks; enabling more efficient                    amount that will be available for awards               credit assistance for the associated
                                                  intermodal connections; minimizing                      is uncertain because the Department is                 project under the Transportation
                                                  delays at international borders;                        issuing this notice before full-year                   Infrastructure Finance and Innovation
                                                  improving inadequate first and last mile                appropriations legislation has been                    Act of 1998 (‘‘TIFIA’’) program.
                                                  segments; modernizing port facilities to                enacted for FY 2017. The Department
                                                  meet 21st Century demands, including                                                                           3. Other Restrictions
                                                                                                          anticipates that up to approximately
                                                  connections between ports and their                     $787 million will be available for                        The Department will make awards
                                                  surface transportation systems;                         awards. But that estimate may be higher                under the FASTLANE program to both
                                                  enhancing the resiliency of critical                    or lower than the final amount, which                  large and small projects. (Refer to
                                                  intermodal infrastructure and helping                   is dependent on future appropriations                  section C.3.ii.for a definition of large
                                                  protect the environment; improving                      legislation. Any award selections under                and small projects.) For large projects,
                                                  grade crossings; improving roadways                                                                            the FAST Act specifies that FASTLANE
                                                                                                          this notice will be subject to the
                                                  vital to national energy security; and                                                                         grants must be at least $25 million. For
                                                                                                          availability of funds.
                                                  addressing the impact of population                        While the Department is initiating the              small projects, the grants must be at
                                                  growth on the movement of people and                    process of soliciting applications for FY              least $5 million. For both large and
                                                  freight. The program also offers                        2017, awards will be subject to the                    small projects, maximum FASTLANE
                                                  resources to advance highway and                        availability of funding; the Department                awards may not exceed 60 percent of
                                                  bridge projects on the National Highway                 is currently operating under a                         future eligible project costs. While 10
                                                  System (NHS), including those that                      Continuing Resolution, and the                         percent of available funds are reserved
                                                  improve mobility through added
                                                                                                          obligation limitation distribution for the             for small projects, 90 percent of funds
                                                  capacity on the Interstate or address
                                                                                                          balance of the Fiscal Year will depend                 are reserved for large projects.
                                                  needs in a national scenic area.
                                                                                                          on Congressional action. However, as                   Applicants are strongly encouraged to
                                                  Recognizing the interconnected and
                                                                                                          obligation limitation associated with                  submit applications only for eligible
                                                  multimodal nature of the nation’s
                                                                                                          this program currently expires at the                  award amounts.
                                                  transportation system, the Department
                                                                                                          end of the Fiscal Year, the Department                    Pursuant to the FAST Act, not more
                                                  will give additional consideration to
                                                                                                          is now beginning the process of                        than $500 million in aggregate of the
                                                  nationally or regionally significant
                                                                                                          soliciting applications to facilitate the              $4.5 billion authorized for FASTLANE
                                                  multimodal and multijurisdictional
                                                                                                          possibility of awards with sufficient                  grants over fiscal years 2016 to 2020
                                                  projects.
                                                     The Department will also consider                    time for grantees to obligate in advance               may be used for grants to freight rail,
                                                  whether projects enhance personal                       of peak construction season, while                     water (including ports), or other freight
                                                  mobility and accessibility. Such projects               accounting for the requirement that the                intermodal projects that make
                                                  include, but are not limited to,                        Department notify Congressional                        significant improvements to freight
                                                  investments that better connect people                  Committees 60 days ahead of awards.                    movement on the National Highway
                                                  to essential services such as                           2. Eligible Uses                                       Freight Network. After accounting for
                                                  employment centers, health care,                                                                               FY 2016 FASTLANE awards,
                                                                                                             FASTLANE grants may be used for                     approximately $326 million within this
                                                  schools and education facilities, healthy
                                                                                                          the construction, reconstruction,                      constraint remains available. Only the
                                                  food, and recreation; remove physical or
                                                                                                          rehabilitation, acquisition of property                non-highway portion(s) of multimodal
                                                  operational barriers to access;
                                                                                                          (including land related to the project                 projects count toward the $500 million
                                                  strengthen communities through
                                                                                                          and improvements to the land),                         maximum. Improving freight movement
                                                  neighborhood redevelopment; mitigate
                                                                                                          environmental mitigation, construction                 on the National Highway Freight
                                                  the negative impacts of freight
                                                  movement on communities—such as                            3 Funds are subject to the overall Federal-aid
                                                                                                                                                                 Network may include shifting freight
                                                  road or railroad crossing congestion;                   highway obligation limitation, and funds in excess
                                                                                                                                                                 transportation to other modes, thereby
                                                  and support workforce development,                      of the obligation limitation provided to the program   reducing congestion and bottlenecks on
                                                  particularly for disadvantaged groups,                  are distributed to the States. While $850 million is   the National Highway Freight Network.
                                                  which include low-income groups,                        authorized for FY 2017, DOT estimates that             The Federal share for projects that count
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                                                                                                          approximately $787 million will be available for
                                                  persons with visible and hidden                         award. For additional information see FAST Act
                                                                                                                                                                 toward the $500 million maximum may
                                                  disabilities, elderly individuals, and                  § 1102 (f) and the Transportation, Housing and         fund only elements of the project that
                                                  minority persons and populations. The                   Urban Development, and Related Agencies                provide public benefit. Grade crossing
                                                  Department may consider whether a                       Appropriations Act, 2016, Public Law 114–113, div.     and grade separation projects do not
                                                                                                          L § 120. Applicants should note that the provisions
                                                  project’s design is likely to generate                  of the FY2016 appropriations act are only
                                                                                                                                                                 count toward the $500 million
                                                  benefits for all users of the proposed                  illustrative and may differ from what will be          maximum for freight rail, port, and
                                                  project, including non-driving members                  enacted in a full year FY 2017 appropriations act.     intermodal projects.


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                                                  76690                      Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                    The FAST Act directs at least 25                      jointly with a State or group of States;              facility must be a surface transportation
                                                  percent of the funds provided for                       (7) a tribal government or a consortium               infrastructure project necessary to
                                                  FASTLANE grants must be used for                        of tribal governments; or (8) a multi-                facilitate direct intermodal interchange,
                                                  projects located in rural areas, as                     State or multijurisdictional group of                 transfer, or access into or out of the
                                                  defined in Section C.3.iv. If the                       public entities. Multiple States or                   facility and must significantly improve
                                                  Department does not receive enough                      jurisdictions that submit a joint                     freight movement on the National
                                                  qualified applications to fully award the               application should identify a lead                    Highway Freight Network. For a freight
                                                  25 percent reserved for rural projects,                 applicant as the primary point of                     project within the boundaries of a
                                                  the Department may use the excess                       contact. Each applicant in a joint                    freight rail, water (including ports), or
                                                  funding for non-rural awards. The                       application must be an Eligible                       intermodal facility, Federal funds can
                                                  USDOT must consider geographic                          Applicant. Joint applications should                  only support project elements that
                                                  diversity among grant recipients,                       include a description of the roles and                provide public benefits.
                                                  including the need for a balance in                     responsibilities of each applicant and                ii. Eligible Project Costs
                                                  addressing the needs of urban and rural                 should be signed by each applicant.
                                                  areas.                                                                                                           Eligible costs under the FASTLANE
                                                                                                          2. Cost Sharing or Matching                           program include development phase
                                                  4. Repeat Applications                                                                                        activities, including planning, feasibility
                                                                                                             FASTLANE grants may be used for up
                                                     In response to the FY 2016                           to 60 percent of future eligible project              analysis, revenue forecasting,
                                                  FASTLANE solicitation (81 FR 10955),                    costs. Other Federal assistance may                   environmental review, preliminary
                                                  USDOT received applications for more                    satisfy the non-Federal share                         engineering and design work, and other
                                                  eligible, excellent projects than could be              requirement for a FASTLANE grant, but                 pre-construction activities, as well as
                                                  funded in the first year of the program.                total Federal assistance for a project                construction, reconstruction,
                                                  Because the evaluation criteria                         receiving a FASTLANE grant may not                    rehabilitation, acquisition of real
                                                  described in this notice do not differ                  exceed 80 percent of the future eligible              property, environmental mitigation,
                                                  from the criteria in the FY 2016                        project costs. Non-Federal sources                    construction contingencies, acquisition
                                                  solicitation and because USDOT                          include State funds originating from                  of equipment, and operational
                                                  requires applications to be submitted                   programs funded by State revenue, local               improvements directly related to system
                                                  within 45 days of this notice, USDOT                    funds originating from State or local                 performance.
                                                  anticipates that some FY 2016                           revenue funded programs, private funds                iii. Minimum Project Size Requirement
                                                  applicants who did not receive FY 2016                  or other funding sources of non-Federal
                                                  awards will resubmit their applications                                                                          For the purposes of determining
                                                                                                          origins. If a Federal land management
                                                  with few or no changes. If an applicant                                                                       whether a project meets the minimum
                                                                                                          agency applies jointly with a State or
                                                  is re-applying for a project for which                                                                        project size requirement, the
                                                                                                          group of States, and that agency carries
                                                  that applicant applied for FY 2016                                                                            Department will count all future eligible
                                                                                                          out the project, then Federal funds that
                                                  funds and was not awarded, the                                                                                project costs under the award and some
                                                                                                          were not made available under titles 23
                                                  applicant should highlight new or                                                                             related costs incurred before selection
                                                                                                          or 49 of the United States Code may be                for an FASTLANE grant. Previously
                                                  revised information in the application.                 used for the non-Federal share. Unless
                                                  This will improve the evaluation                                                                              incurred costs will be counted toward
                                                                                                          otherwise authorized by statute, local                the minimum project size requirement
                                                  process by allowing USDOT to avoid                      cost-share may not be counted as non-
                                                  redundant evaluations and focus                                                                               only if they were eligible project costs
                                                                                                          Federal share for both the FASTLANE                   under Section C.3.ii. and were
                                                  evaluation resources on new                             and another Federal program. For any
                                                  information. To the extent that a                                                                             expended as part of the project for
                                                                                                          project, the Department cannot consider               which the applicant seeks funds.
                                                  resubmitted application contains few or                 previously incurred costs or previously
                                                  no changes, USDOT may rely on                                                                                 Although those previously incurred
                                                                                                          expended or encumbered funds towards                  costs may be used for meeting the
                                                  previous analysis when considering the                  the matching requirement. Matching
                                                  project for a FY 2017 award.                                                                                  minimum project size thresholds
                                                                                                          funds are subject to the same Federal                 described in this Section, they cannot be
                                                  C. Eligibility Information                              requirements described in Section F.2 as              reimbursed with FASTLANE grant
                                                                                                          awarded funds.                                        funds, nor will the count toward the
                                                    To be selected for an FASTLANE
                                                  grant, an applicant must be an Eligible                 3. Other                                              project’s required non-Federal share.
                                                  Applicant and the project must be an                    i. Eligible Project                                   a. Large Projects
                                                  Eligible Project that meets the Minimum
                                                  Project Size Requirement.                                  Eligible projects for FASTLANE                        The minimum project size for large
                                                                                                          grants are: Highway freight projects                  projects is the lesser of $100 million; 30
                                                  1. Eligible Applicants                                  carried out on the National Highway                   percent of a State’s FY 2016 Federal-aid
                                                     Eligible applicants for FASTLANE                     Freight Network (23 U.S.C. 167);                      apportionment if the project is located
                                                  grants are (1) a State or group of States;              highway or bridge projects carried out                in one State; or 50 percent of the larger
                                                  (2) a metropolitan planning organization                on the NHS, including projects that add               participating State’s FY 2016
                                                  that serves an Urbanized Area (as                       capacity on the Interstate System to                  apportionment for projects located in
                                                  defined by the Bureau of the Census)                    improve mobility or projects in a                     more than one State. The following
                                                  with a population of more than 200,000                  national scenic area; railway-highway                 chart identifies the minimum total
                                                  individuals; (3) a unit of local                        grade crossing or grade separation                    project cost for projects for FY 2017 for
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                                                  government or group of local                            projects; or a freight project that is (1)            both single and multi-State projects.
                                                  governments; (4) a political subdivision                an intermodal or rail project, or (2)
                                                  of a State or local government; (5) a                   within the boundaries of a public or                                               One-State    Multi-State
                                                                                                                                                                         State               minimum      minimum *
                                                  special purpose district or public                      private freight rail, water (including                                             (millions)   (millions)
                                                  authority with a transportation function,               ports), or intermodal facility. A project
                                                  including a port authority; (6) a Federal               within the boundaries of a freight rail,              Alabama ................          $100          $100
                                                  land management agency that applies                     water (including ports), or intermodal                Alaska ...................         100           100



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                                                                                   Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                                     76691

                                                                                  One-State       Multi-State       iv. Rural/Urban Area                                represent a transportation improvement
                                                            State                 minimum         minimum *            The FASTLANE statute defines a                   that is usable and represents a
                                                                                  (millions)      (millions)                                                            reasonable expenditure of USDOT funds
                                                                                                                    rural area as an area outside an
                                                                                                                    Urbanized Area 4 with a population of               even if no other improvements are made
                                                  Arizona ..................            100                 100
                                                  Arkansas ...............              100                 100     over 200,000. In this notice, urban area            in the area, and will be ready for
                                                  California ...............            100                 100     is defined as inside an Urbanized Area,             intended use upon completion of that
                                                  Colorado ...............              100                 100     as a designated by the U.S. Census                  component’s construction. All project
                                                  Connecticut ...........               100                 100     Bureau, with a population of 200,000 or             components that are presented together
                                                  Delaware ...............               51                  86     more.5 Cost share requirements and                  in a single application must
                                                  Dist. of Col. ...........              49                  81     minimum grant awards are the same for               demonstrate a relationship or
                                                  Florida ...................           100                 100     projects located in rural and urban                 connection with one another. (See
                                                  Georgia .................             100                 100     areas. The Department will consider a               Section D.2.f. for Required Approvals).
                                                  Hawaii ...................             51                  86                                                           Applicants should be aware that,
                                                                                                                    project to be in a rural area if the
                                                  Idaho .....................            87                 100                                                         depending upon the relationship
                                                  Illinois ....................         100                 100     majority of the project (determined by
                                                                                                                    geographic location(s) where the                    between project components and upon
                                                  Indiana ..................            100                 100
                                                                                                                    majority of the money is to be spent) is            applicable Federal law, USDOT funding
                                                  Iowa ......................           100                 100
                                                  Kansas ..................             100                 100     located in a rural area. Rural and urban            of only some project components may
                                                  Kentucky ...............              100                 100     definitions differ in some other USDOT              make other project components subject
                                                  Louisiana ..............              100                 100     programs, including TIFIA and the FY                to Federal requirements as described in
                                                  Maine ....................             56                  94     2016 TIGER Discretionary Grants                     Section F.2.
                                                  Maryland ...............              100                 100     Program.                                              The USDOT strongly encourages
                                                  Massachusetts ......                  100                 100                                                         applicants to identify in their
                                                  Michigan ...............              100                 100     v. Application Limit                                applications the project components
                                                  Minnesota .............               100                 100        To encourage applicants to prioritize            that have independent utility and
                                                  Mississippi ............              100                 100     their FASTLANE submissions, each                    separately detail costs and requested
                                                  Missouri ................             100                 100     eligible applicant may submit no more               FASTLANE funding for each
                                                  Montana ................              100                 100
                                                                                                                    than three applications. The three-                 component. If the application identifies
                                                  Nebraska ..............                88                 100
                                                  Nevada .................              100                 100     application limit applies only to                   one or more independent project
                                                  New Hampshire ....                     50                  84     applications where the applicant is the             components, the application should
                                                  New Jersey ...........                100                 100     lead applicant. There is no limit on                clearly identify how each independent
                                                  New Mexico ..........                 100                 100     applications for which an applicant can             component addresses selection criteria
                                                  New York ..............               100                 100     be listed as a partnering agency. If a lead         and produces benefits on its own, in
                                                  North Carolina ......                 100                 100     applicant submits more than three                   addition to describing how the full
                                                  North Dakota ........                  76                 100     applications as the lead applicant, only            proposal of which the independent
                                                  Ohio ......................           100                 100     the first three received will be                    component is a part addresses selection
                                                  Oklahoma .............                100                 100     considered.                                         criteria.
                                                  Oregon ..................             100                 100
                                                  Pennsylvania ........                 100                 100     vi. Project Components                              D. Application and Submission
                                                  Puerto Rico ...........                47                  74        An application may describe a project            Information
                                                  Rhode Island ........                  67                 100     that contains more than one component,
                                                  South Carolina ......                 100                 100                                                         1. Address
                                                                                                                    and may describe components that may
                                                  South Dakota ........                  86                 100                                                            Applications must be submitted
                                                  Tennessee ............                100                 100     be carried out by parties other than the
                                                                                                                    applicant. Applicants should clearly                through www.Grants.gov. Instructions
                                                  Texas ....................            100                 100                                                         for submitting applications can be found
                                                  Utah ......................           100                 100     identify all highway, bridge, and freight-
                                                                                                                    related components comprising the total             at https://www.transportation.gov/build
                                                  Vermont ................               62                 100
                                                  Virginia ..................           100                 100     project. The USDOT may award funds                  america/FASTLANEgrants.
                                                  Washington ...........                100                 100     for a component, instead of the larger              2. Content and Form of Application
                                                  West Virginia ........                100                 100     project, if that component (1)
                                                  Wisconsin .............               100                 100                                                           The application must include the
                                                                                                                    independently meets minimum award
                                                  Wyoming ...............                78                 100                                                         Standard Form 424 (Application for
                                                                                                                    amounts described in Section B and all
                                                                                                                                                                        Federal Assistance), Standard Form
                                                    * For multi-State projects, the minimum                         eligibility requirements described in
                                                                                                                                                                        424C (Budget Information for
                                                  project size is the largest of the multi-State                    Section C; (2) independently aligns well
                                                  minimums from the participating States.                                                                               Construction Programs), cover page, and
                                                                                                                    with the selection criteria specified in
                                                                                                                                                                        the Project Narrative. More detailed
                                                  b. Small Projects                                                 Section E; and (3) meets National
                                                                                                                                                                        information about the cover page and
                                                                                                                    Environmental Policy Act (NEPA)
                                                                                                                                                                        Project Narrative follows.
                                                    A small project is an eligible project                          requirements with respect to
                                                  that does not meet the minimum project                            independent utility. Independent utility            i. Cover Page Including the Following
                                                  size described in Section C.3.iii.a.                              means that the component will                       Chart

                                                                                                                  Project name
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                                                  Was a FASTLANE application for this project submitted previously? ..............................................................   Yes/no.
                                                  If yes, what was the name of the project in the previous application?

                                                    4 For Census 2010, the Census Bureau defined an                 www2.census.gov/geo/maps/dc10map/UAUC_                5 See www.transportation.gov/FASTLANEgrants

                                                  Urbanized Area (UA) as an area that consists of                   RefMap/ua/. For the purposes of the FASTLANE        for a list of Urbanized Areas with a population of
                                                  densely settled territory that contains 50,000 or                 program, Urbanized Areas with populations fewer     200,000 or more.
                                                  more people. Updated lists of UAs are available on                than 200,000 will be considered rural.
                                                  the Census Bureau Web site at http://



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                                                  76692                               Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                                                                                        Project name

                                                  Previously Incurred Project Cost .......................................................................................................................            $.
                                                  Future Eligible Project Cost ...............................................................................................................................        $.
                                                  Total Project Cost ..............................................................................................................................................   $.
                                                  FASTLANE Request ..........................................................................................................................................         $.
                                                  Total Federal Funding (including FASTLANE) ..................................................................................................                       $.
                                                  Are matching funds restricted to a specific project component? If so, which one? ..........................................                                         Yes/no.
                                                  Is the project or a portion of the project currently located on National Highway Freight Network? .................                                                 Yes/no.
                                                  Is the project or a portion of the project located on the NHS? .........................................................................                            Yes/no (for each question).
                                                        • Does the project add capacity to the Interstate system?
                                                        • Is the project in a national scenic area?
                                                  Do the project components include a railway-highway grade crossing or grade separation project? .............                                                       Yes/no.
                                                        • If so, please include the grade crossing ID.
                                                  Do the project components include an intermodal or freight rail project, or freight project within the bound-                                                       Yes/no.
                                                     aries of a public or private freight rail, water (including ports), or intermodal facility?.
                                                  If answered yes to either of the two component questions above, how much of requested FASTLANE
                                                     funds will be spent on each of these projects components?.
                                                  State(s) in which project is located
                                                  Small or large project .........................................................................................................................................    Small/Large.
                                                  Urbanized Area in which project is located, if applicable.
                                                  Population of Urbanized Area
                                                  Is the project currently programmed in the:
                                                        • TIP                                                                                                                                                         Yes/no (please specify in which
                                                        • STIP                                                                                                                                                          plans the project is currently pro-
                                                        • MPO Long Range Transportation Plan                                                                                                                            grammed).
                                                        • State Long Range Transportation Plan
                                                        • State Freight Plan?



                                                  ii. Summary of Changes                                                    VIII. Project Readi-                See D.2.iii.f.                       submitted, applicants should clearly
                                                                                                                              ness.                                                                  identify within the project narrative the
                                                     If a FASTLANE application for this                                                                                                              relevant portion of the project narrative
                                                  project was previously submitted,                                           The application should include                                         that each supporting document
                                                  please describe any changes between                                      information required for USDOT to                                         supports. At the applicant’s discretion,
                                                  the FY 2016 and FY 2017 applications.                                    determine that the project satisfies                                      relevant materials provided previously
                                                  The changes should be summarized on                                      project requirements described in                                         to a modal administration in support of
                                                  a single page following the Cover Page                                   Sections B and C and to assess the                                        a different USDOT financial assistance
                                                  AND highlighted throughout the                                           selection criteria specified in Section                                   program may be referenced and
                                                  application on a section-by-section                                      E.1. To the extent practicable,
                                                                                                                                                                                                     described as unchanged. The USDOT
                                                  basis. Because the evaluation criteria                                   applicants should provide data and
                                                                                                                                                                                                     recommends using appropriately
                                                  described in this notice do not differ                                   evidence of project merits in a form that
                                                                                                                                                                                                     descriptive final names (e.g., ‘‘Project
                                                  from the criteria in the FY 2016                                         is verifiable or publicly available. The
                                                                                                                                                                                                     Narrative,’’ ‘‘Maps,’’ ‘‘Memoranda of
                                                  solicitation and because USDOT                                           USDOT may ask any applicant to
                                                                                                                           supplement data in its application, but                                   Understanding and Letters of Support,’’
                                                  requires applications to be submitted                                                                                                              etc.) for all attachments. The USDOT
                                                  within 45 days of this notice, USDOT                                     expects applications to be complete
                                                                                                                           upon submission.                                                          recommends applications include the
                                                  anticipates that some FY 2016                                                                                                                      following sections:
                                                  applicants who did not receive FY 2016                                      In addition to a detailed statement of
                                                  awards will resubmit their applications                                  work, detailed project schedule, and                                         a. Project Description including a
                                                  with few or no changes.                                                  detailed project budget, the project                                      description of the project size, including
                                                                                                                           narrative should include a table of                                       previously incurred expenses, to show
                                                  iii. Project Narrative                                                   contents, maps, and graphics, as                                          the project meets minimum project size
                                                                                                                           appropriate to make the information                                       requirements, a description of what
                                                    The USDOT recommends that the                                          easier to review. The USDOT                                               requested FASTLANE and matching
                                                  project narrative adhere to the following                                recommends that the project narrative                                     funds will support, how the project is
                                                  basic outline to clearly address the                                     be prepared with standard formatting                                      nationally or regionally significant,
                                                  program requirements and make critical                                   preferences. (i.e., a single-spaced                                       information on the expected users of the
                                                  information readily apparent:                                            document, using a standard 12-point                                       project, a description of the
                                                                                                                           font such as Times New Roman, with 1-                                     transportation challenges the project
                                                  I. Project Description              See    D.2.iii.a.                    inch margins.) The project narrative                                      aims to address, and how the project
                                                  II. Project Location ....           See    D.2.iii.b.                    may not exceed 25 pages in length,                                        will address these challenges. The
                                                  III. Project Parties .....          See    D.2.iii.c.                    excluding cover pages and table of                                        description should include relevant data
                                                  IV. Sources and Uses                See    D.2.iii.d.                    contents. The only substantive portions                                   for before and after the project is built,
                                                      of all Project Fund-
                                                                                                                           that may exceed the 25-page limit are                                     such as passenger and freight volumes,
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                                                      ing.
                                                  V. Merit Criteria .........         See E.1.i. a,b,c,d and
                                                                                                                           supporting documents to support                                           congestion levels, infrastructure
                                                                                        E.1.ii.a.b.                        assertions or conclusions made in the                                     condition, and safety experience,
                                                  VI. Large/Small                     See E.1.iii.                         25-page project narrative. If possible,                                   including citations for data sources.
                                                    Project Require-                                                       Web site links to supporting                                              Examples of potentially relevant data
                                                    ments.                                                                 documentation should be provided                                          can be found at
                                                  VII. Cost Effective-                See D.2.iii.e.                       rather than copies of these supporting                                    www.transportation.gov/
                                                    ness.                                                                  materials. If supporting documents are                                    FASTLANEgrants, but USDOT


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                                                                             Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                           76693

                                                  encourages applicants to identify the                   counted as the matching requirement for               connectivity, access, and mobility,
                                                  most relevant information for their                     another Federal program.                              benefits to public health, stormwater
                                                  project.                                                   (iv) A detailed project budget                     runoff mitigation, and noise reduction.
                                                     b. Project Location including a                      containing a breakdown of how the                     Applicants should identify each
                                                  detailed description of the proposed                    funds will be spent. That budget should               category of impact or benefits that is not
                                                  project and geospatial data for the                     estimate—both dollar amount and                       already included in the estimated dollar
                                                  project, as well as a map of the project’s              percentage of cost—the cost of work for               value of their project’s benefits (as
                                                  location and its connections to existing                each project component. If the project                described above), and wherever possible
                                                  transportation infrastructure. If the                   will be completed in individual                       provide numerical estimates of the
                                                  project is located within the boundary                  segments or phases, a budget for each                 magnitude and timing of each of these
                                                  of a Census-designated Urbanized Area,                  individual segment or phase should be                 additional impacts.
                                                  the application should identify the                     included. Budget spending categories                     For the purpose of evaluating cost-
                                                  Urbanized Area.                                         should be broken down between                         effectiveness, project costs should
                                                     c. Project Parties including                         FASTLANE, other Federal, and non-                     include those for constructing,
                                                  information about the grant recipient                   Federal sources, and this breakdown                   operating, and maintaining the
                                                  and other affected public and private                   should also identify how each funding                 proposed project, including a detailed
                                                  parties who are involved in delivering                  source will share in each activity.                   breakdown of those costs by spending
                                                  the project, such as port authorities,                     (v) Amount of requested FASTLANE                   category and the expected timing or
                                                  terminal operators, freight railroads,                  funds that will be spent on highway,                  schedule for costs in each category.
                                                  shippers, carriers, freight-related                     bridge, freight intermodal or freight rail,              To assist in USDOT’s cost-
                                                  associations, third-party logistics                     port, grade crossing or grades separation             effectiveness evaluation, applicants
                                                  providers, and the freight industry                     project components.                                   should provide all relevant files used for
                                                  workforce.                                                 e. Cost-Effectiveness analysis should              their BCA, including any spreadsheet
                                                     d. Grant Funds, Sources and Uses of                  demonstrate that the project is likely to             files and technical memos describing
                                                  Project Funds including information to                  deliver its anticipated benefits at                   the analysis (whether created in-house
                                                  demonstrate the viability and                           reasonable costs. Applicants should                   or by a contractor). The spreadsheets
                                                  completeness of the project’s financing                 delineate each of their project’s                     and technical memos should present the
                                                  package, assuming the availability of the               expected outputs and costs in the form                calculations in sufficient detail to allow
                                                  requested FASTLANE grant funds. The                     of a complete Benefit-Cost Analysis                   the analysis to be reproduced by
                                                  applicant should show evidence of                       (BCA) to enable the Department to                     USDOT evaluators. Detailed guidance
                                                  stable and reliable capital and (as                     consider cost-effectiveness (small                    for estimating some types of quantitative
                                                  appropriate) operating fund                             projects) or determine whether the                    benefits and costs, together with
                                                  commitments sufficient to cover                         project is cost effective (for large                  recommended economic values for
                                                  estimated costs; the availability of                    projects). The primary economic                       converting them to dollar terms and
                                                  contingency reserves should planned                     benefits from projects eligible for                   discounting to their present values, are
                                                  capital or operating revenue sources not                FASTLANE grants are likely to include                 available in USDOT’s guidance for
                                                  materialize; evidence of the financial                  time savings for passenger travel and                 conducting BCAs for projects seeking
                                                  condition of the project sponsor; and                   freight shipments, improvements in                    funding under the FASTLANE program
                                                  evidence of the grant recipient’s ability               transportation safety, reduced damages                (see https://www.transportation.gov/
                                                  to manage grants. At a minimum,                         from emissions of greenhouse gases and                buildamerica/FASTLANEgrants).
                                                  applicants should include:                              criteria air pollutants, and savings in                  Applicants for freight projects within
                                                     (i) Future eligible cost, as defined in              maintenance costs to public agencies.                 the boundaries of a freight rail, water
                                                  Section C.3.ii–iii.                                     Applicants should submit a BCA in                     (including ports), or intermodal facility
                                                     (ii) Availability and commitment of                  support of each project for which they                should also quantify the benefits of their
                                                  all committed and expected funding                      seek funding that quantifies each of                  proposed projects for freight movements
                                                  sources and uses of all project funds for               these benefits, provides monetary                     on the National Highway Freight
                                                  future eligible project costs, including                estimates of their economic value, and                Network, and should demonstrate that
                                                  the identity of all parties providing                   compares the properly-discounted                      the Federal share of the project funds
                                                  funds for the project and their                         present values of these benefits to the               only elements of the project that provide
                                                  percentage shares; any restrictions                     project’s estimated costs. Where                      public benefits.
                                                  attached to specific funds; compliance                  applicants cannot adequately monetize                    f. Project Readiness including
                                                  or a schedule for compliance with all                   benefits, they are urged to identify non-             information to demonstrate that the
                                                  conditions applicable to each funding                   monetary measures for other categories                project is reasonably expected to begin
                                                  source, and, to the extent possible,                    of benefits (examples below) to assist                construction in a timely manner. For a
                                                  funding commitment letters from non-                    the Department in making cost-                        large project, the Department cannot
                                                  Federal sources.                                        effectiveness and other determinations                award a project that is not reasonably
                                                     (iii) Federal funds already provided                 about projects.                                       expected to begin construction within
                                                  and the size, nature, and source of the                    Many projects are likely to generate               18 months of obligation of funds for the
                                                  required match for those funds, as well                 other categories of benefits that are more            project. The Department will determine
                                                  as pending or past Federal funding                      difficult to quantify and value in                    that large projects with an obligation
                                                  requests for the project. This                          economic terms, but are nevertheless                  date beyond September 30, 2020 are not
                                                  information should demonstrate that the                 important considerations in determining               reasonably expected to begin
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                                                  requested FASTLANE funds do not                         whether a proposed project is cost-                   construction within 18 months of
                                                  exceed 60 percent of future eligible                    effective. These may include impacts                  obligation. Obligation occurs when a
                                                  project costs and that total Federal                    such as improving the reliability of                  selected applicant and USDOT enter a
                                                  funding will not exceed 80 percent of                   passenger travel times or freight                     written, project-specific agreement and
                                                  future eligible project costs. This                     deliveries, improvements to the existing              is generally after the applicant has
                                                  information should also show that local                 human and natural environments                        satisfied applicable administrative
                                                  share for the FASTLANE grant is not                     surrounding the project, increased                    requirements, including transportation


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                                                  76694                      Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                  planning and environmental review                       requirements or a statement that no                   reference to copies of any reviews,
                                                  requirements. Depending on the nature                   acquisition is necessary.                             approvals, and permits prepared.
                                                  of pre-construction activities included                                                                          (3) Environmental studies or other
                                                                                                          (iii) Required Approvals
                                                  in the awarded project, the Department                                                                        documents—preferably through a Web
                                                  may obligate funds in phases.                              (a) Environmental Permits and                      site link—that describe in detail known
                                                    Preliminary engineering and right-of-                 Reviews: As noted in Section D.2.ii.f.iii             project impacts, and possible mitigation
                                                  way acquisition activities, such as                     above, the application should                         for those impacts.
                                                  environmental review, design work, and                  demonstrate receipt (or reasonably                       (4) A description of discussions with
                                                  other preconstruction activities, do not                anticipated receipt) of all environmental             the appropriate USDOT modal
                                                  fulfill the requirement to begin                        approvals and permits necessary for the               administration field or headquarters
                                                  construction within 18 months of                        project to proceed to construction on the             office regarding compliance with NEPA
                                                  obligation for large projects.                          timeline specified in the project                     and other applicable environmental
                                                    To assist the Department’s project                    schedule and necessary to meet the                    reviews and approvals.
                                                  readiness determination, the                            statutory obligation deadline, including                 (5) A description of public
                                                  Department will consider information                    satisfaction of all Federal, State and                engagement to date about the project
                                                  provided in this Section D.2.ii.d. (Grant               local requirements and completion of                  including the degree to which public
                                                  Funds, Sources and Uses of Project                      the NEPA process. Although Section                    comments and commitments have been
                                                  Funds) in addition to the following                     C.3.vi (Project Components) of this                   integrated into project development and
                                                  information:                                            notice encourages applicants to identify              design.
                                                    (i) Technical Feasibility. The                        independent project components, those                    b. State and Local Approvals. The
                                                  technical feasibility of the project                    components may not be separable for                   applicant should demonstrate receipt of
                                                  should be demonstrated by engineering                   the NEPA process. In such cases, the                  State and local approvals on which the
                                                  and design studies and activities; the                  NEPA review for the independent                       project depends, such as local
                                                  development of design criteria and/or a                 project component may have to include                 government funding commitments or
                                                  basis of design; the basis for the cost                 evaluation of all project components as               TIF approval. Additional support from
                                                  estimate presented in the FASTLANE                      connected, similar, or cumulative                     relevant State and local officials is not
                                                  application, including the identification               actions, as detailed at 40 CFR 1508.25.               required; however, an applicant should
                                                  of contingency levels appropriate to its                In addition, the scope of the NEPA                    demonstrate that the project is broadly
                                                  level of design; and any scope,                         decision may affect the applicability of
                                                                                                                                                                supported.
                                                  schedule, and budget risk-mitigation                    the Federal requirements on the project
                                                                                                                                                                   c. State and Local Planning. The
                                                  measures. Applicants should include a                   described in the application.
                                                                                                                                                                planning requirements of the operating
                                                  detailed statement of work that focuses                 Specifically, the application should
                                                                                                                                                                administration administering the
                                                  on the technical and engineering aspects                include:
                                                                                                             (1) Information about the NEPA status              FASTLANE project will apply,7
                                                  of the project and describes in detail the
                                                                                                          of the project. If the NEPA process is                including intermodal projects located at
                                                  project to be constructed.
                                                    (ii) Project Schedule. The applicant                  completed, an applicant should indicate               airport facilities.8 Applicants should
                                                  should include a detailed project                       the date of, and provide a Web site link                 7 In accordance with 23 U.S.C. 134 and 135, all
                                                  schedule that identifies all major project              or other reference to the final                       projects requiring an action by the Federal Highway
                                                  milestones. Examples of such                            Categorical Exclusion, Finding of No                  Administration (FHWA) must be in the
                                                  milestones include State and local                      Significant Impact, Record of Decision,               metropolitan transportation plan, transportation
                                                  planning approvals (programming on                      or any other NEPA documents prepared.                 improvement program (TIP) and statewide
                                                                                                                                                                transportation improvement program (STIP).
                                                  the STIP), start and completion of NEPA                 If the NEPA process is underway but not               Further, in air quality non-attainment and
                                                  and other environmental reviews and                     complete, the application should detail               maintenance areas, all regionally significant
                                                  approvals including permitting; design                  the type of NEPA review underway,                     projects, regardless of the funding source, must be
                                                  completion; right of way acquisition;                   where the project is in the process, and              included in the conforming metropolitan
                                                                                                                                                                transportation plan and TIP. To the extent a project
                                                  approval of plan, specification and                     indicate the anticipated date of                      is required to be on a metropolitan transportation
                                                  estimate (PS&E); procurement; State and                 completion of all milestones and of the               plan, TIP, and/or STIP, it will not receive a
                                                  local approvals; project partnership and                final NEPA determination. If the NEPA                 FASTLANE grant until it is included in such plans.
                                                  implementation agreements including                     documents are approaching ten years                   Projects not currently included in these plans can
                                                                                                                                                                be amended by the State and metropolitan planning
                                                  agreements with railroads; and                          old, the applicant should include a                   organization (MPO). Projects that are not required
                                                  construction. The project schedule                      proposed approach for updating this                   to be in long range transportation plans, STIPs, and
                                                  should be sufficiently detailed to                      material.                                             TIPs will not need to be included in such plans in
                                                  demonstrate that:                                          (2) Information on reviews, approvals,             order to receive a FASTLANE grant. Port, freight
                                                                                                          and permits by other agencies. An                     rail, and intermodal projects are not required to be
                                                    (a) All necessary activities will be                                                                        on the State Rail Plans called for in the Passenger
                                                  complete to allow grant funds to be                     application should indicate whether the               Rail Investment and Improvement Act of 2008.
                                                  obligated sufficiently in advance of the                proposed project requires reviews or                  However, applicants seeking funding for freight
                                                  statutory deadline, and that any                        approval actions by other agencies,6                  projects are encouraged to demonstrate that they
                                                                                                          indicate the status of such actions, and              have done sufficient planning to ensure that
                                                  unexpected delays will not put the                                                                            projects fit into a prioritized list of capital needs
                                                  funds at risk of expiring before they are               provide detailed information about the                and are consistent with long-range goals. Means of
                                                  obligated;                                              status of those reviews or approvals and              demonstrating this consistency would to include
                                                    (b) the project can begin construction                or demonstrate compliance with any                    the projects in TIPs or a State Freight Plan that
                                                                                                          other applicable Federal, State, or local             conforms to the requirements Section 70202 of Title
                                                  quickly upon receipt of a FASTLANE
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                                                                                                                                                                49 prior to the start of construction. Port planning
                                                  grant, and that the grant funds will be                 requirements. Applicants should                       guidelines are available at StrongPorts.gov.
                                                  spent expeditiously once construction                   provide a Web site link or other                         8 Projects at grant obligated airports, must be

                                                  starts; and                                                                                                   compatible with the FAA-approved Airport Layout
                                                    (c) all property and/or right-of-way                    6 Projects that may impact protected resources      Plan (ALP), as well as aeronautical surfaces
                                                                                                          such as wetlands, species habitat, cultural or        associated with the landing and takeoff of aircraft
                                                  acquisition will be completed in a                      historic resources require review and approval by     at the airport. Additionally, projects at an airport:
                                                  timely manner in accordance with 49                     Federal and State agencies with jurisdiction over     must comply with established Sponsor Grant
                                                  CFR part 24 and other legal                             those resources.                                      Assurances, including (but not limited to)



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                                                                             Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                           76695

                                                  demonstrate that a project that is                      FASTLANEgrants for information on                     that are the result of failure to register
                                                  required to be included in the relevant                 what steps are pre-requisite to the                   or comply with Grants.gov applicant
                                                  State, metropolitan, and local planning                 obligation of Federal funds in order to               requirements in a timely manner will
                                                  documents has been or will be included.                 ensure that their project schedule is                 not be considered. For information and
                                                  If the project is not included in the                   reasonable and that there are no risks of             instruction on each of these processes,
                                                  relevant planning documents at the time                 delays in satisfying Federal                          please see instructions at http://
                                                  the application is submitted, the                       requirements.                                         www.grants.gov/web/grants/applicants/
                                                  applicant should submit a statement                                                                           applicant-faqs.html. If interested parties
                                                  from the appropriate planning agency                    3. Unique Entity Identifier and System
                                                                                                                                                                experience difficulties at any point
                                                  that actions are underway to include the                for Award Management (SAM)
                                                                                                                                                                during the registration or application
                                                  project in the relevant planning                           Each applicant must: (1) Be registered             process, please call the Grants.gov
                                                  document.                                               in SAM before submitting its                          Customer Service Support Hotline at 1
                                                     To the extent possible, freight projects             application; (2) provide a valid unique               (800) 518–4726, Monday–Friday from
                                                  should be included in a State Freight                   entity identifier in its application; and             7:00 a.m. to 9:00 p.m. EST.
                                                  Plan and supported by a State Freight                   (3) continue to maintain an active SAM
                                                  Advisory Committee (49 U.S.C. 70201,                    registration with current information at              ii. Consideration of Application
                                                  70202). Applicants should provide links                 all times during which it has an active                  Only applicants who comply with all
                                                  or other documentation supporting this                  Federal award or an application or plan               submission deadlines described in this
                                                  consideration.                                          under consideration by a Federal                      notice and submit applications through
                                                     Because projects have different                      awarding agency. The USDOT may not                    Grants.gov will be eligible for award.
                                                  schedules, the construction start date for              make a FASTLANE grant to an                           Applicants are strongly encouraged to
                                                  each FASTLANE grant will be specified                   applicant until the applicant has                     make submissions in advance of the
                                                  in the project-specific agreements                      complied with all applicable unique                   deadline.
                                                  signed by relevant modal administration                 entity identifier and SAM requirements
                                                  and the grant recipients and will be                                                                          iii. Late Applications
                                                                                                          and, if an applicant has not fully
                                                  based on critical path items identified                 complied with the requirements by the                    Applications received after the
                                                  by applicants in response to items (iv)(a)              time USDOT is ready to make an                        deadline will not be considered except
                                                  through (c) above, and be consistent                    FASTLANE grant, USDOT may                             in the case of unforeseen technical
                                                  with other relevant State or local plan,                determine that the applicant is not                   difficulties outlined in Section 4.iv.
                                                  including bicycle and pedestrian plans,                 qualified to receive an FASTLANE grant
                                                  economic development plans, local                                                                             iv. Late Application Policy
                                                                                                          and use that determination as a basis for
                                                  land-use plans, and water and coastal                   making an FASTLANE grant to another                      Applicants experiencing technical
                                                  zone management plans.                                  applicant.                                            issues with Grants.gov that are beyond
                                                     (iv) Assessment of Project Risks and                                                                       the applicant’s control must contact
                                                  Mitigation Strategies. Project risks, such              4. Submission Dates and Timelines                     FASTLANEgrants@dot.gov prior to the
                                                  as procurement delays, environmental                    i. Deadline                                           application deadline with the user name
                                                  uncertainties, increases in real estate                                                                       of the registrant and details of the
                                                  acquisition costs, uncommitted local                      Applications must be submitted by                   technical issue experienced. The
                                                  match, or lack of legislative approval,                 8:00 p.m. EST on December 15, 2016.                   applicant must provide:
                                                  affect the likelihood of successful                     The Grants.gov ‘‘Apply’’ function will                   a. Details of the technical issue
                                                  project start and completion. The                       open by November 14, 2016. The                        experienced;
                                                  applicant should identify the material                  Department has determined that an                        b. Screen capture(s) of the technical
                                                  risks to the project and the strategies                 application deadline fewer than 60 days               issues experienced along with
                                                  that the lead applicant and any project                 after this notice is published is                     corresponding Grants.gov ‘‘Grant
                                                  partners have undertaken or will                        appropriate because the accelerated                   tracking number’’;
                                                  undertake in order to mitigate those                    timeline is necessary to satisfy the                     c. The ‘‘Legal Business Name’’ for the
                                                  risks. Information provided in response                 statutory 60-day Congressional                        applicant that was provided in the SF–
                                                  to Section D.2.ii.f.i–iv above should be                notification requirement, as well as to               424;
                                                  referenced in developing this                           ensure the timely obligation of available                d. The AOR name submitted in the
                                                  assessment. The applicant should assess                 funds.                                                SF–424;
                                                  the greatest risks to the project and                      To submit an application through                      e. The DUNS number associated with
                                                  identify how the project parties will                   Grants.gov, applicants must:                          the application; and
                                                  mitigate those risks. The USDOT will                       a. Obtain a Data Universal Numbering                  f. The Grants.gov Help Desk Tracking
                                                  consider projects that contain risks, but               System (DUNS) number:                                 Number.
                                                  expects the applicant to clearly and                       b. Register with the System Award for                 To ensure a fair competition of
                                                  directly describe achievable mitigation                 Management (SAM) at www.sam.gov;                      limited discretionary funds, the
                                                  strategies.                                                c. Create a Grants.gov username and                following conditions are not valid
                                                     The applicant, to the extent it is                   password; and                                         reasons to permit late submissions: (1)
                                                  unfamiliar with the Federal program,                       d. The E-business Point of Contact                 Failure to complete the registration
                                                  should contact USDOT modal field or                     (POC) at the applicant’s organization                 process before the deadline; (2) failure
                                                  headquarters offices as found at                        must respond to the registration email                to follow Grants.gov instructions on
                                                                                                          from Grants.gov and login at Grants.gov               how to register and apply as posted on
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                                                  www.transportation.gov/
                                                                                                          to authorize the POC as an Authorized                 its Web site; (3) failure to follow all of
                                                  requirements for non-exclusive use facilities,          Organization Representative (AOR).                    the instructions in this notice of funding
                                                  consultation with users, consistency with local         Please note that there can only be one                opportunity; and (4) technical issues
                                                  plans including development of the area                 AOR per organization.                                 experienced with the applicant’s
                                                  surrounding the airport, and consideration of the
                                                  interest of nearby communities, among others; and
                                                                                                             Please note that the Grants.gov                    computer or information technology
                                                  must not adversely affect the continued and             registration process usually takes 2–4                environment. After USDOT staff review
                                                  unhindered access of passengers to the terminal.        weeks to complete and late applications               all information submitted and contact


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                                                  76696                      Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                  the Grants.gov Help Desk to validate                    should also reflect meaningful                        1. Does the project generate national or
                                                  reported technical issues, USDOT staff                  community input provided during                            regional economic, mobility, safety
                                                  will contact late applicants to approve                 project development.                                       benefits?
                                                  or deny a request to submit a late                                                                            2. Is the project cost effective?
                                                                                                          ii. Other Review Criteria
                                                  application through Grants.gov. If the                                                                        3. Does the project contribute to one or
                                                  reported technical issues cannot be                     a. Partnership and Innovation                              more of the Goals listed under 23
                                                  validated, late applications will be                                                                               USC 150 (and shown below)?
                                                  rejected as untimely.                                      Demonstrating strong collaboration                    (b) National Goals.—It is in the
                                                                                                          among a broad range of stakeholders or                     interest of the United States to focus
                                                  E. Application Review Information                       using innovative strategies to pursue                      the Federal-aid highway program
                                                  1. Criteria                                             primary outcomes listed above                              on the following national goals:
                                                                                                          including efforts to reduce delivery                     (1) Safety.—To achieve a significant
                                                  i. Merit Criteria                                       delays. Additional consideration will be                   reduction in traffic fatalities and
                                                     For both large and small projects, the               given for the use of innovative and                        serious injuries on all public roads.
                                                  Department will consider the extent to                  flexible designs and construction                        (2) Infrastructure condition.—To
                                                  which the project addresses the                         techniques or innovative technologies.                     maintain the highway infrastructure
                                                  following criteria:                                     b. Cost Share                                              asset system in a state of good
                                                  a. Economic Outcomes                                                                                               repair.
                                                                                                            FASTLANE grants must have one or                       (3) Congestion reduction.—To achieve
                                                     Improving the efficiency and                         more stable and dependable sources of                      a significant reduction in
                                                  reliability of the surface transportation               funding and financing to construct,                        congestion on the NHS.
                                                  system at the regional or national level                maintain, and operate the project,                       (4) System reliability.—To improve
                                                  to increase the global economic                         subject to the parameters in Section C.2.                  the efficiency of the surface
                                                  competitiveness of the United States,                   Applicants should provide sufficient                       transportation system.
                                                  including improving connectivity                        information to demonstrate that the                      (5) Freight movement and economic
                                                  between freight modes of transportation,                project cannot be easily and efficiently                   vitality.—To improve the national
                                                  improving roadways vital to national                    completed without other Federal                            freight network, strengthen the
                                                  energy security, facilitating freight                   funding or financial assistance available                  ability of rural communities to
                                                  movement across land border crossings,                  to the project sponsor. Additional                         access national and international
                                                  and addressing the impact of population                 consideration will be given to the use of                  trade markets, and support regional
                                                  growth on the movement of people and                    nontraditional financing, as well as the                   economic development.
                                                  freight.                                                use of non-Federal contributions. The                    (6) Environmental sustainability.—To
                                                  b. Mobility Outcomes                                    Department may consider the form of                        enhance the performance of the
                                                                                                          cost sharing presented in an application.                  transportation system while
                                                     Improving the movement of people                     Firm commitments of cash that indicate                     protecting and enhancing the
                                                  and goods by maintaining highways,                      a complete project funding package and                     natural environment.
                                                  bridges, and freight infrastructure in a                demonstrate local support for the                        (7) Reduced project delivery delays.—
                                                  state of good repair, enhancing the                     project are more competitive than other                    To reduce project costs, promote
                                                  resiliency of critical surface                          forms of cost sharing.                                     jobs and the economy, and expedite
                                                  transportation infrastructure, and
                                                                                                                                                                     the movement of people and goods
                                                  significantly reducing highway                          iii. Large/Small Project Requirements
                                                                                                                                                                     by accelerating project completion
                                                  congestion and bottlenecks.
                                                                                                             For a large project to be selected, the                 through eliminating delays in the
                                                  c. Safety Outcomes                                      Department must determine that the                         project development and delivery
                                                     Achieving a significant reduction in                 project generates national or regional                     process, including reducing
                                                  traffic fatalities and serious injuries on              economic, mobility, or safety benefits; is                 regulatory burdens and improving
                                                  the surface transportation system, as                   cost-effective; contributes to one or                      agencies’ work practices.
                                                  well as improving interactions between                  more of the goals described in 23 U.S.C               4. Is the project based on the results of
                                                  roadway users, reducing the likelihood                  150; is based on the results of                            preliminary engineering?
                                                  of derailments or high consequence                      preliminary engineering; has one or                   5a. With respect to non-federal financial
                                                  events, and improving safety in                         more stable and dependable funding or                      commitments, does the project have
                                                  transporting certain types of                           financing sources available to construct,                  one or more stable and dependable
                                                  commodities.                                            maintain, and operate the project, and                     funding or financing sources to
                                                                                                          contingency amounts are available to                       construct, maintain, and operate the
                                                  d. Community and Environmental                          cover unanticipated cost increases;                        project?
                                                  Outcomes                                                cannot be easily and efficiently                      5b. Are contingency amounts available
                                                    How and whether the project                           completed without other Federal                            to cover unanticipated cost
                                                  mitigates harm to communities and the                   funding or financial assistance; and is                    increases?
                                                  environment, extends benefits to the                    reasonably expected to begin                          6. Is it the case that the project cannot
                                                  human and natural environment, or                       construction no later than 18 months                       be easily and efficiently completed
                                                  enhances personal mobility and                          after the date of obligation. These                        without other federal funding or
                                                  accessibility. This includes reducing the               requirements have been translated into                     financial assistance available to the
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                                                  negative effects of existing                            a question format in the table below. If                   project sponsor?
                                                  infrastructure, removing barriers,                      you are applying for an award for a large             7. Is the project reasonably expected to
                                                  avoiding harm to the human and natural                  project, use this section to provide                       begin construction not later than 18
                                                  environment, and using design                           specific evidence on how your project                      months after the date of obligation
                                                  improvements to enhance access (where                   addresses these requirements, or refer to                  of funds for the project?
                                                  appropriate) and environmental quality                  where the evidence can be found                          In responding to the Large Project
                                                  for affected communities. Projects                      elsewhere in your application.                        Requirements, here are some guidelines


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                                                                             Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                           76697

                                                  which may assist you in completing                      into rating categories, not assign                    treated as if the project is located on a
                                                  your application:                                       numerical scores. The Secretary will                  Federal-aid highway. For an illustrative
                                                  —National or regional economic,                         select the projects for award. A Quality              list of the applicable laws, rules,
                                                     mobility, and safety benefits, as well               Control and Oversight Team will ensure                regulations, executive orders, policies,
                                                     as a contribution to national goals, are             consistency across project evaluations                guidelines, and requirements as they
                                                     often demonstrated in the Merit                      and appropriate documentation                         relate to an FASTLANE, please see
                                                     Criteria section of the application.                 throughout the review and selection                   http://www.ops.fhwa.dot.gov/Freight/
                                                  —NEPA completion is a sufficient                        process. The FAST Act requires                        infrastructure/nsfhp/fy2016_gr_exhbt_c/
                                                     indication the project is based on the               Congressional notification, in writing, at            index.htm.
                                                     results of preliminary engineering.                  least 60 days before making a
                                                                                                                                                                3. Reporting
                                                     For more information on preliminary                  FASTLANE grant.
                                                     engineering activities, please see:                                                                        i. Progress Reporting on Grant Activity
                                                     https://www.fhwa.dot.gov/federalaid/                 4. Additional Information
                                                                                                                                                                   Each applicant selected for an
                                                     150311.cfm.                                            Prior to award, each selected
                                                                                                                                                                FASTLANE grant must submit the
                                                  —Historical trends, current policy, or                  applicant will be subject to a risk
                                                     future feasibility analyses can be used                                                                    Federal Financial Report (SF–425) on
                                                                                                          assessment required by 2 CFR 200.205.
                                                     as evidence to substantiate the stable                                                                     the financial condition of the project
                                                                                                          The Department must review and
                                                     and dependable nature of the non-                                                                          and the project’s progress, as well as an
                                                                                                          consider any information about the
                                                     federal funding or financing                                                                               Annual Budget Review and Program
                                                                                                          applicant that is in the designated
                                                     committed to the project construction,                                                                     Plan to monitor the use of Federal funds
                                                                                                          integrity and performance system
                                                     operation, and maintenance.                                                                                and ensure accountability and financial
                                                                                                          accessible through SAM (currently the
                                                  —Contingency amounts are often, but                                                                           transparency in the FASTLANE
                                                                                                          Federal Awardee Performance and
                                                     not always, expressly shown in                                                                             program.
                                                                                                          Integrity Information System (FAPIIS)).
                                                     project budgets or the SF–424C. If                   An applicant may review information in                ii. Reporting of Matters Related to
                                                     your project cost estimates include an               FAPIIS and comment on any                             Integrity and Performance
                                                     implicit contingency calculation,                    information about itself. The
                                                     please say so directly.                                                                                       If the total value of a selected
                                                                                                          Department will consider comments by                  applicant’s currently active grants,
                                                  —Discussing the impact that not having                  the applicant in addition to the other
                                                     any federal funding, including a                                                                           cooperative agreements, and
                                                                                                          information in FAPIIS, in making a                    procurement contracts from all Federal
                                                     FASTLANE grant, would have on                        judgment about the applicant’s integrity,
                                                     project’s schedule, cost, or likelihood                                                                    awarding agencies exceeds $10,000,000
                                                                                                          business ethics, and record of                        for any period of time during the period
                                                     of completion, can help convey                       performance under Federal awards
                                                     whether a project can be completed as                                                                      of performance of this Federal award,
                                                                                                          when completing the review of risk                    then the applicant during that period of
                                                     easily or efficiently without federal                posed by applicants.
                                                     funding available to the project                                                                           time must maintain the currency of
                                                     sponsor.                                             F. Federal Award Administration                       information reported to the System for
                                                                                                          Information                                           Award Management (SAM) that is made
                                                     2. For a small project to be selected,                                                                     available in the designated integrity and
                                                  the Department must consider the cost                   1. Federal Award Notices                              performance system (currently the
                                                  effectiveness of the proposed project                     Following the evaluation outlined in                Federal Awardee Performance and
                                                  and the effect of the proposed project on               Section E, the Secretary will announce                Integrity Information System (FAPIIS))
                                                  mobility in the State and region in                     awarded projects by posting a list of                 about civil, criminal, or administrative
                                                  which the project is carried out. If you                selected projects at https://                         proceedings described in paragraph 2 of
                                                  are applying for an award for a small                   www.transportation.gov/buildamerica/                  this award term and condition. This is
                                                  project, use this section to provide                    FASTLANEgrants. Following the                         a statutory requirement under section
                                                  specific evidence on how your project                   announcement, the Department will                     872 of Public Law 110–417, as amended
                                                  addresses these requirements, or refer to               contact the point of contact listed in the            (41 U.S.C. 2313). As required by section
                                                  where the evidence can be found                         SF 424 to initiate negotiation of a                   3010 of Public Law 111–212, all
                                                  elsewhere in your application.                          project specific agreement.                           information posted in the designated
                                                  3. Review and Selection Process                                                                               integrity and performance system on or
                                                                                                          2. Administrative and National Policy
                                                                                                                                                                after April 15, 2011, except past
                                                  i. USDOT Review                                         Requirements
                                                                                                                                                                performance reviews required for
                                                     The USDOT will review all eligible                     All awards will be administered                     Federal procurement contracts, will be
                                                  applications received before the                        pursuant to the Uniform Administrative                publicly available.
                                                  application deadline. The FASTLANE                      Requirements, Cost Principles and
                                                  process consists of a Technical                         Audit Requirements for Federal Awards                 G. Federal Awarding Agency Contacts
                                                  Evaluation phase and Senior Review. In                  found in 2 CFR part 200, as adopted by                  For further information concerning
                                                  the Technical Evaluation phase teams                    USDOT at 2 CFR part 1201.                             this notice, please contact the Office of
                                                  will, for each project, determine                       Additionally, applicable Federal laws,                the Secretary via email at
                                                  whether the project satisfies statutory                 rules and regulations of the relevant                 FASTLANEgrants@dot.gov. For more
                                                  requirements and rate how well it                       modal administration administering the                information about highway projects,
                                                  addresses selection criteria. The Senior                project will apply to the projects that               please contact Crystal Jones at (202)
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                                                  Review Team will consider the                           receive FASTLANE grants, including                    366–2976. For more information about
                                                  applications and the technical                          planning requirements, Stakeholder                    maritime projects, please contact Robert
                                                  evaluations to determine which projects                 Agreements, Buy America compliance,                   Bouchard at (202) 366–5076. For more
                                                  to advance to the Secretary for                         and other requirements under USDOT’s                  information about rail projects, please
                                                  consideration. Evaluations in both the                  other highway, transit, rail, and port                contact Stephanie Lawrence at (202)
                                                  Technical Evaluation and Senior                         grant programs. A project carried out                 493–1376. For more information about
                                                  Review Team phases will place projects                  under this FASTLANE program will be                   railway-highway grade crossing


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                                                  76698                      Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                  projects, please contact Karen McClure                  have on personal mobility and                         information that is ultimately
                                                  at (202) 493–6417. For all other                        accessibility, particularly of                        determined to be confidential under that
                                                  questions, please contact Howard Hill at                disadvantaged groups, is entirely                     procedure will be exempt from
                                                  (202) 366–0301. A TDD is available for                  compatible with the goals of the                      disclosure under FOIA.
                                                  individuals who are deaf or hard of                     program.                                                Following the completion of the
                                                  hearing at 202–366–3993. In addition,                     Another goal for the program which                  selection process and announcement of
                                                  up to the application deadline, USDOT                   was incorporated into USDOT’s                         awards, the Department intends to
                                                  will post answers to common questions                   evaluation was the reduction of                       publish a list of all applications
                                                  and requests for clarifications on                      highway congestion and bottlenecks,                   received along with the names of the
                                                  USDOT’s Web site at https://                            including bottlenecks similar to the                  applicant organizations and funding
                                                  www.transportation.gov/buildamerica/                    ‘‘Missing Links’’ described by one                    amounts requested.
                                                  FASTLANEgrants. To ensure applicants                    commenter.10                                            Issued On: October 28, 2016.
                                                  receive accurate information about                        Two commenters requested that the
                                                                                                                                                                Blair C. Anderson,
                                                  eligibility or the program, the applicant               USDOT publish a full list of
                                                  is encouraged to contact USDOT                          applications for FASTLANE funding.11                  Under Secretary.
                                                  directly, rather than through                           USDOT has published such a list at                    [FR Doc. 2016–26496 Filed 11–2–16; 8:45 am]
                                                  intermediaries or third parties, with                   https://www.transportation.gov/                       BILLING CODE 4910–9X–P
                                                  questions.                                              buildamerica/FASTLANEgrants.
                                                                                                            Finally, one commenter encouraged
                                                  H. Other Information                                    DOT to change the population eligibility
                                                                                                          criteria for Metropolitan Planning                    DEPARTMENT OF VETERANS
                                                  1. Invitation for Public Comment on the
                                                                                                          Organizations.12 Under 23 U.S.C.                      AFFAIRS
                                                  FY 2017 Notice
                                                     The FAST Act authorized the                          117(c)(1)(B), an MPO that serves an
                                                                                                                                                                [OMB Control No. 2900–NEW]
                                                  FASTLANE program through FY 2020.                       urbanized area with a population of
                                                  This notice solicits applications for                   more than 200,000 is an eligible                      Proposed Information Collection
                                                  FY2017 only. The Department invites                     applicant, and DOT lacks discretion to                (Application for Approval of a Program
                                                  interested parties to submit comments                   change that statutory threshold.                      in a Foreign Country) Activity:
                                                  about this notice’s contents, the                       However, if an MPO is organized as a                  Comment Request
                                                  Department’s implementation choices,                    unit of local government or a political
                                                  as well as suggestions for clarification in             subdivision of a State or local                       AGENCY:  Veterans Benefits
                                                  future FASTLANE rounds. The                             government, then that MPO satisfies                   Administration, Department of Veterans
                                                  Department may consider the submitted                   other eligibility criteria and the size of            Affairs.
                                                  comments and suggestions when                           the urbanized area that it serves does                ACTION: Notice.
                                                  developing subsequent FASTLANE                          not affect eligibility.
                                                  solicitations and guidance, but                                                                               SUMMARY:   The Veterans Benefits
                                                                                                          3. Protection of Confidential Business                Administration (VBA), Department of
                                                  submitted comments will not affect the                  Information
                                                  selection criteria for the FY 2017 round.                                                                     Veterans Affairs (VA), is announcing an
                                                  Applications or comments about                             All information submitted as part of               opportunity for public comment on the
                                                  specific projects should not be                         or in support of any application shall                proposed collection of certain
                                                  submitted to the docket. Any                            use publicly available data or data that              information by the agency. Under the
                                                  application submitted to the docket will                can be made public and methodologies                  Paperwork Reduction Act (PRA) of
                                                  not be reviewed. Comments should be                     that are accepted by industry practice                1995, Federal agencies are required to
                                                  sent DOT–OST–2016–0016 by                               and standards, to the extent possible. If             publish notice in the Federal Register
                                                  December 31, 2016, but, to the extent                   the application includes information the              concerning each proposed collection of
                                                  practicable, the Department will                        applicant considers to be a trade secret              information, including each proposed
                                                  consider late filed comments.                           or confidential commercial or financial               extension of a currently approved
                                                                                                          information, the applicant should do the              collection, and allow 60 days for public
                                                  2. Response to Comments on the FY                       following: (1) Note on the front cover                comment in response to the notice. This
                                                  2016 Notice                                             that the submission ‘‘Contains                        notice solicits comments on information
                                                     The Department received four                         Confidential Business Information                     needed from foreign educational
                                                  comments in response to the FY16                        (CBI)’’; (2) mark each affected page                  institutions.
                                                  Notice of Funding Opportunity,                          ‘‘CBI’’; and (3) highlight or otherwise
                                                                                                                                                                DATES:  Written comments and
                                                  published under docket DOT–OST–                         denote the CBI portions.
                                                                                                             The USDOT protects such                            recommendations on the proposed
                                                  2016–0022. The Department appreciates                                                                         collection of information should be
                                                  the feedback from our stakeholders.                     information from disclosure to the
                                                                                                          extent allowed under applicable law. In               received on or before January 3, 2017.
                                                     Two commenters addressed USDOT’s
                                                                                                          the event USDOT receives a Freedom of                 ADDRESSES: Submit written comments
                                                  intent to prioritize projects that enhance
                                                  personal mobility and accessibility.9                   Information Act (FOIA) request for the                on the collection of information through
                                                                                                          information, USDOT will follow the                    Federal Docket Management System
                                                  Congress established multiple goals for
                                                                                                          procedures described in its FOIA                      (FDMS) at www.Regulations.gov or to
                                                  the FASTLANE discretionary grant
                                                                                                          regulations at 49 CFR 7.17. Only                      Nancy J. Kessinger, Veterans Benefits
                                                  program, including the improvement of
                                                                                                                                                                Administration (20M33), Department of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the safety, efficiency, and reliability of
                                                                                                            10 https://www.regulations.gov/                     Veterans Affairs, 810 Vermont Avenue
                                                  movement of both people and freight. It
                                                                                                          document?D=DOT-OST-2016-0022-0003.                    NW., Washington, DC 20420 or email to
                                                  is the view of USDOT that considering                     11 https://www.regulations.gov/
                                                                                                                                                                nancy.kessinger@va.gov. Please refer to
                                                  the impact that transportation projects                 document?D=DOT-OST-2016-0022-0005; https://           ‘‘OMB Control No. 2900–XXXX’’ in any
                                                                                                          www.regulations.gov/document?D=DOT-OST-2016-
                                                    9 https://www.regulations.gov/document?D=DOT-         0022-0006.                                            correspondence. During the comment
                                                  OST-2016-0022-0005; https://www.regulations.gov/          12 https://www.regulations.gov/                     period, comments may be viewed online
                                                  document?D=DOT-OST-2016-0022-0006.                      document?D=DOT-OST-2016-0022-0002.                    through the FDMS.


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Document Created: 2016-11-03 03:24:23
Document Modified: 2016-11-03 03:24:23
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 8:00 p.m. EST on December 15, 2016. The Grants.gov ``Apply'' function will open by November 14, 2016.
ContactFor further information concerning this notice, please contact the Office of the Secretary via email at [email protected] For more information about highway projects, please contact Crystal Jones at (202) 366-2976. For more information about maritime projects, please contact Robert Bouchard at (202) 366- 5076. For more information about rail projects, please contact Stephanie Lawrence at (202) 493-1376. For all other questions, please contact Howard Hill at (202) 366-0301. A TDD is available for individuals who are deaf or hard of hearing at 202-366-3993. Additionally, the Department will regularly post answers to questions and requests for clarifications as well as information about webinars for further guidance on USDOT's Web site at https:// www.transportation.gov/buildamerica/FASTLANEgrants.
FR Citation81 FR 76688 

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