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

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

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

Blair C. Anderson
U.S. Department of Transportation
3 November 2016

[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76688-76698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
FASTLANEgrants@dot.gov. 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)
------------------------------------------------------------------------
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?...........
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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.
---------------------------------------------------------------------------

\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.
---------------------------------------------------------------------------

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 FASTLANEgrants@dot.gov
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 FASTLANEgrants@dot.gov. 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.
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\9\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0005; https://www.regulations.gov/document?D=DOT-OST-2016-0022-0006.
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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\
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\10\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0003.
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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.
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\11\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0005; https://www.regulations.gov/document?D=DOT-OST-2016-0022-0006.
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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.
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\12\ https://www.regulations.gov/document?D=DOT-OST-2016-0022-0002.
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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]
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