[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22090-22111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07716]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[DOT-OST-2023-0048]


USDOT Fiscal Year 2023 Safe Streets and Roads for All Funding

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

ACTION: Notice of funding opportunity (NOFO), assistance listing # 
20.939.

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SUMMARY: The purpose of this notice is to solicit applications for Safe 
Streets and Roads for All (SS4A) grants. Funds for the fiscal year (FY) 
2023 SS4A grant program are to be awarded on a competitive basis to 
support planning, infrastructure, behavioral, and operational 
initiatives to prevent death and serious injury on roads and streets 
involving all roadway users, including pedestrians; bicyclists; public 
transportation, personal conveyance, and micromobility users; 
motorists; and commercial vehicle operators.

DATES: Applications must be submitted by 5:00 p.m. EDT on Monday, July 
10, 2023. Late applications will not be accepted.

ADDRESSES: Applications must be submitted via Valid Eval, an online 
submission proposal system used by USDOT, at https://usg.valideval.com/teams/usdot_ss4a_2023_implementation/signup for Implementation Grant 
applicants, and https://usg.valideval.com/teams/usdot_ss4a_2023_planning_demo/signup for Planning and Demonstration 
Grants. Customer support for Valid Eval can be reached at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Please contact the SS4A grant program 
staff via email at [email protected], or call Paul Teicher at 202-366-4114. 
A telecommunications device for the deaf (TDD) is available at 202-366-
3993. In addition, DOT will regularly post answers to questions and 
requests for clarifications, as well as schedule information regarding 
webinars providing additional guidance, on DOT's website at https://www.transportation.gov/grants/SS4A. The deadline to submit technical 
questions is June 16, 2023. The NOFO is listed under opportunity number 
DOT-SS4A-FY23-01 at grants.gov.

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

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           Section                              Content
------------------------------------------------------------------------
N/A..........................  Summary Information.
A............................  Program Description.
B............................  Federal Award Information.
C............................  Eligibility Information.
D............................  Application and Submission Information.
E............................  Application Review Information.
F............................  Federal Award Administration Information.
G............................  Federal Awarding Agency Contacts.
H............................  Other Information.
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    Signed in Washington, DC, April 7, 2023.
Christopher Coes,
Assistant Secretary for Transportation Policy.

    Section A (Program Description) describes the Department's goals 
and purpose in making awards, and Section E (Application Review 
Information) describes how the Department will select from eligible 
applications. To support applicants through the process, the Department 
will provide technical assistance and resources at https://www.transportation.gov/grants/SS4A.

                               Definitions
------------------------------------------------------------------------
                  Term                              Definition
------------------------------------------------------------------------
Applicant's Jurisdiction(s)............  The U.S. Census tract/tracts
                                          where the applicant operates
                                          or performs their safety
                                          responsibilities. If an
                                          applicant is seeking funding
                                          for multiple jurisdictions,
                                          all of the relevant Census
                                          tracts for the jurisdictions
                                          covered by the application
                                          should be included.

[[Page 22091]]

 
Complete Streets.......................  Standards or policies that
                                          ensure the safe and adequate
                                          accommodation of all users of
                                          the transportation system,
                                          including pedestrians,
                                          bicyclists, personal
                                          conveyance and micromobility
                                          users, public transportation
                                          users, children, older
                                          individuals, individuals with
                                          disabilities, motorists, and
                                          freight vehicles.\1\
Comprehensive Safety Action Plan.......  A comprehensive safety action
                                          plan (referred to as an Action
                                          Plan) is aimed at preventing
                                          roadway fatalities and serious
                                          injuries in a locality or
                                          region or on Tribal land. This
                                          can be either a plan developed
                                          with a Planning and
                                          Demonstration Grant, or a
                                          previously developed plan that
                                          is substantially similar and
                                          meets the eligibility
                                          requirements (e.g., a Vision
                                          Zero plan or similar plan).
                                          See Table 1 for a detailed
                                          description.
Equity.................................  The consistent and systematic
                                          fair, just, and impartial
                                          treatment of all individuals,
                                          including individuals who
                                          belong to underserved
                                          communities that have been
                                          denied such treatment, such as
                                          Black, Latino, Indigenous and
                                          Native Americans, Asian
                                          Americans and Pacific
                                          Islanders, and other persons
                                          of color; members of religious
                                          minorities; lesbian, gay,
                                          bisexual, transgender, and
                                          queer (LGBTQ+) persons;
                                          persons with disabilities;
                                          persons who live in rural
                                          areas; and persons otherwise
                                          adversely affected by
                                          persistent poverty or
                                          inequality.
High-Injury Network....................  Identifies the highest
                                          concentrations of traffic
                                          crashes resulting in serious
                                          injuries and fatalities within
                                          a given roadway network or
                                          jurisdiction.
Micromobility..........................  Any small, low-speed, human- or
                                          electric-powered
                                          transportation device,
                                          including bicycles, scooters,
                                          electric-assist bicycles,
                                          electric scooters (e-
                                          scooters), and other small,
                                          lightweight, wheeled
                                          conveyances.\2\
Personal Conveyance....................  A personal conveyance is a
                                          device, other than a transport
                                          device, used by a pedestrian
                                          for personal mobility
                                          assistance or recreation.
                                          These devices can be motorized
                                          or human powered, but not
                                          propelled by pedaling (e.g., a
                                          wheelchair).\3\
Political Subdivision of a State.......  A unit of government created
                                          under the authority of State
                                          law. This includes cities,
                                          towns, counties, special
                                          districts, certain transit
                                          agencies, and similar units of
                                          local government. A transit
                                          district, authority, or public
                                          benefit corporation is
                                          eligible if it was created
                                          under State law, including
                                          transit authorities operated
                                          by political subdivisions of a
                                          State.
Rural..................................  For the purposes of this NOFO,
                                          jurisdictions outside an Urban
                                          Area (UA) or located within
                                          Urban Areas with populations
                                          fewer than 200,000 will be
                                          considered rural. Lists of UAs
                                          are available on the U.S.
                                          Census Bureau website at
                                          https://www2.census.gov/geo/docs/reference/ua/2020_Census_ua_list_all.xlsx.
Safe System Approach...................  A guiding principle to address
                                          the safety of all road users.
                                          It involves a paradigm shift
                                          to improve safety culture,
                                          increase collaboration across
                                          all safety stakeholders, and
                                          refocus transportation system
                                          design and operation on
                                          anticipating human mistakes
                                          and lessening impact forces to
                                          reduce crash severity and save
                                          lives.\4\ \5\
Underserved Community..................  An underserved community as
                                          defined for this NOFO is
                                          consistent with the Office of
                                          Management and Budget (OMB)
                                          and DOT definitions of a
                                          disadvantaged community
                                          designation, which includes
                                          any Tribal land; any territory
                                          or possession of the United
                                          States; or U.S. Census tracts
                                          identified in one of the
                                          following tools (may only
                                          select one option to identify
                                          underserved communities):
                                          The interim
                                          USDOT Equitable Transportation
                                          Community Explorer (ETCE)
                                          https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Applicant-Explorer/.
                                          Any subsequent
                                          iterations of the ETCE
                                          released during the NOFO
                                          period; or
                                          The Climate and
                                          Economic Justice Screening
                                          Tool (CEJST) to identify
                                          disadvantaged communities
                                          https://screeningtool.geoplatform.gov/
                                          .
                                         Funds to underserved
                                          communities are spent in, and
                                          provide benefits to,
                                          underserved communities.
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\1\ The definition is based on the ``Moving to a Complete Streets Design
  Model: A Report to Congress on Opportunities and Challenges,'' https://highways.dot.gov/sites/fhwa.dot.gov/files/2022-03/Complete%20Streets%20Report%20to%20Congress.pdf. Also see https://highways.dot.gov/complete-streets.
\2\ Source: FHWA, Public Roads Magazine, Spring 2021, ``Micromobility: A
  Travel Innovation.'' Publication Number: FHWA-HRT-21-003.
\3\ https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813251,
  see page 127 for the full definition as defined in the 2020 FARS/CRSS
  Coding and Validation Manual.
\4\ See: https://www.transportation.gov/NRSS/SafeSystem.
\5\ Safety culture can be defined as the shared values, actions, and
  behaviors that demonstrate a commitment to safety over competing goals
  and demands.

A. Program Description

1. Overview

    Section 24112 of the Infrastructure Investment and Jobs Act (Pub. 
L. 117-58, November 15, 2021; also referred to as the ``Bipartisan 
Infrastructure Law'' or ``BIL'') authorized and appropriated $1 billion 
to be awarded by the Department of Transportation for FY 2023 for the 
SS4A grant program. This NOFO solicits applications for activities to 
be funded under the SS4A grant program. The FY 2023 funding will be 
implemented, as appropriate and consistent with law, in alignment with 
the priorities in Executive Order 14052, Implementation of the 
Infrastructure Investment and Jobs Act (86 FR 64355).
    The purpose of SS4A grants is to improve roadway safety by 
significantly reducing or eliminating roadway fatalities and serious 
injuries through safety action plan development and refinement and 
implementation focused on all users, including pedestrians, bicyclists, 
public transportation users, motorists, personal conveyance and

[[Page 22092]]

micromobility users, and commercial vehicle operators. The program 
provides funding to develop the tools to help strengthen a community's 
approach to roadway safety and save lives and is designed to meet the 
needs of diverse local, Tribal, and regional communities that differ 
dramatically in size, location, and experience administering Federal 
funding.
    The FY 2023 NOFO incorporates lessons learned from the FY 2022 
NOFO, and substantively differs in a few ways:
     Applications are submitted through Valid Eval instead of 
Grants.gov. The application structure for the key information table and 
other application submission details has been standardized through 
Valid Eval.
     Updated the definition of an underserved community, with 
different tools to determine whether a U.S. Census tract is an 
underserved community.
     Planning and Demonstration Grants replaced Action Plan 
Grants from FY 2022, with a number of substantive changes throughout 
the NOFO:
    [cir] Section A further clarifies eligible planning and 
demonstration activities;
    [cir] Section B.3 changed the expected minimum and maximum award 
range to $100,000 to $10 million;
    [cir] Section B.4 has a longer expected period of performance under 
certain circumstances;
    [cir] Section C.3 has changed eligibility requirements and allows 
applicants currently developing a comprehensive safety action plan to 
request additional funding for planning and demonstration; and
    [cir] Section E has a revised selection criteria requirement for 
the ``Additional Safety Context'' narrative, which is now expected to 
be between 1 and 2 pages.
     Implementation Grants had the following substantive 
changes:
    [cir] Section B.3 changed the expected minimum and maximum award 
range to $2.5 million to $25 million;
    [cir] Section E selection criteria were refined, and a fifth 
selection criterion specifically for applicants who bundle planning and 
supplemental planning was added; and
    [cir] Section E award selection considerations were expanded to 
include rural areas, whether the applicant is identified as a priority 
community within the Federal Thriving Communities Network, requests 
less than $10 million, and selections that support diversity amongst 
the award recipients, in addition to project readiness and percent of 
funds to underserved communities.

2. Grant Options and Deliverables

    The SS4A program provides funding for two main types of grants: 
Planning and Demonstration Grants for comprehensive safety action 
plans, including supplemental safety planning, and/or safety 
demonstration activities; and Implementation Grants. Planning and 
Demonstration Grants are used to develop, complete, or supplement a 
comprehensive safety action plan, as well as carry out demonstration 
activities that inform an Action Plan. Implementation Grants are used 
to implement strategies or projects that are consistent with an 
existing Action Plan and may also bundle funding requests for 
supplemental planning and demonstration activities that inform an 
Action Plan. To apply for an Implementation Grant, an eligible 
applicant must have a qualifying Action Plan; see Section C for what 
constitutes a qualifying Action Plan. Applicants for Implementation 
Grants can self-certify that they have one or more plans in place by 
June 2023 that together are substantially similar to and meet the 
eligibility requirements for an Action Plan.
i. Planning and Demonstration Grants
    Planning and Demonstration Grants have three different types of 
activities:
    (a) Develop an Action Plan;
    (b) Conduct supplemental safety planning to enhance an Action Plan; 
and
    (c) Carry out demonstration activities to inform the development 
of, or an update to, an Action Plan.
    The three different types of activities under Planning and 
Demonstration Grants can either be bundled together into one 
application, or an applicant may choose to request funding for only one 
of the activities. Applicants may only apply for a single grant type, 
but both grant types have the option to include Planning and 
Demonstration projects under them. The development of, or updates to, 
an Action Plan must be the intended end result of each supplemental 
planning and demonstration activity. Further information on which 
activities can be bundled together are described in Section C.3.i.
(a) Action Plan
    An Action Plan is the foundation of the SS4A grant program. Grants 
for Action Plans provide Federal funds to eligible applicants to 
develop, complete, or enhance an Action Plan.
    The primary deliverable is a publicly available Action Plan. For 
the purposes of the SS4A grant program, an Action Plan includes the 
components in Table 1. DOT considers the process of developing an 
Action Plan to be critical for success, and the components reflect a 
process-oriented set of activities.

                     Table 1--Action Plan Components
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               Component                           Description
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Leadership Commitment and Goal Setting.  An official public commitment
                                          (e.g., resolution, policy,
                                          ordinance) by a high-ranking
                                          official and/or governing body
                                          (e.g., Mayor, City Council,
                                          Tribal Council, metropolitan
                                          planning organization [MPO],
                                          Policy Board) to an eventual
                                          goal of zero roadway
                                          fatalities and serious
                                          injuries. The commitment must
                                          include a goal and timeline
                                          for eliminating roadway
                                          fatalities and serious
                                          injuries achieved through one,
                                          or both, of the following:
                                         (1) the target date for
                                          achieving zero roadway
                                          fatalities and serious
                                          injuries, OR
                                         (2) an ambitious percentage
                                          reduction of roadway
                                          fatalities and serious
                                          injuries by a specific date
                                          with an eventual goal of
                                          eliminating roadway fatalities
                                          and serious injuries.
Planning Structure.....................  A committee, task force,
                                          implementation group, or
                                          similar body charged with
                                          oversight of the Action Plan
                                          development, implementation,
                                          and monitoring.

[[Page 22093]]

 
Safety Analysis........................  Analysis of existing conditions
                                          and historical trends that
                                          provides a baseline level of
                                          crashes involving fatalities
                                          and serious injuries across a
                                          jurisdiction, locality, Tribe,
                                          or region. Includes an
                                          analysis of locations where
                                          there are crashes and the
                                          severity of the crashes, as
                                          well as contributing factors
                                          and crash types by relevant
                                          road users (motorists,
                                          pedestrians, transit users,
                                          etc.). Analysis of systemic
                                          and specific safety needs is
                                          also performed, as needed
                                          (e.g., high-risk road
                                          features, specific safety
                                          needs of relevant road users,
                                          public health approaches,
                                          analysis of the built
                                          environment, demographics, and
                                          structural issues). To the
                                          extent practical, the analysis
                                          should include all roadways
                                          within the jurisdiction,
                                          without regard for ownership.
                                          Based on the analysis
                                          performed, a geospatial
                                          identification of higher-risk
                                          locations is developed (a High-
                                          Injury Network or equivalent).
Engagement and Collaboration...........  Robust engagement with the
                                          public and relevant
                                          stakeholders, including the
                                          private sector and community
                                          groups, that allows for both
                                          community representation and
                                          feedback. Information received
                                          from engagement and
                                          collaboration is analyzed and
                                          incorporated into the Action
                                          Plan. Overlapping
                                          jurisdictions are included in
                                          the process. Plans and
                                          processes are coordinated and
                                          aligned with other
                                          governmental plans and
                                          planning processes to the
                                          extent practicable.
Equity Considerations..................  Plan development using
                                          inclusive and representative
                                          processes. Underserved
                                          communities are identified
                                          through data and other
                                          analyses in collaboration with
                                          appropriate partners. Analysis
                                          includes both population
                                          characteristics and initial
                                          equity impact assessments of
                                          the proposed projects and
                                          strategies.
Policy and Process Changes.............  Assessment of current policies,
                                          plans, guidelines, and/or
                                          standards (e.g., manuals) to
                                          identify opportunities to
                                          improve how processes
                                          prioritize transportation
                                          safety. The Action Plan
                                          discusses implementation
                                          through the adoption of
                                          revised or new policies,
                                          guidelines, and/or standards,
                                          as appropriate.
Strategy and Project Selections........  Identification of a
                                          comprehensive set of projects
                                          and strategies--shaped by
                                          data, the best available
                                          evidence and noteworthy
                                          practices, and stakeholder
                                          input and equity
                                          considerations--that will
                                          address the safety problems
                                          described in the Action Plan.
                                          These strategies and
                                          countermeasures focus on a
                                          Safe System Approach and
                                          effective interventions and
                                          consider multidisciplinary
                                          activities. To the extent
                                          practicable, data limitations
                                          are identified and mitigated.
                                         Once identified, the projects
                                          and strategies are prioritized
                                          in a list that provides time
                                          ranges for when the strategies
                                          and countermeasures will be
                                          deployed (e.g., short-, mid-,
                                          and long-term timeframes). The
                                          list should include specific
                                          projects and strategies, or
                                          descriptions of programs of
                                          projects and strategies, and
                                          explains prioritization
                                          criteria used. The list should
                                          contain interventions focused
                                          on infrastructure, behavioral,
                                          and/or operational safety.
Progress and Transparency..............  Method to measure progress over
                                          time after an Action Plan is
                                          developed or updated,
                                          including outcome data. A
                                          means to ensure ongoing
                                          transparency is established
                                          with residents and other
                                          relevant stakeholders. The
                                          approach must include, at a
                                          minimum, annual public and
                                          accessible reporting on
                                          progress toward reducing
                                          roadway fatalities and serious
                                          injuries and public posting of
                                          the Action Plan online.
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    Applicants requesting funds to develop an Action Plan may also 
request funding for supplemental planning and demonstration activities 
subsequently described in Section A.2.i.b and A.2.i.c below. The goal 
of an Action Plan is to develop a holistic, well-defined strategy to 
prevent roadway fatalities and serious injuries in a locality, Tribe, 
or region. Further information on eligibility requirements is in 
Section C.
(b) Supplemental Planning
    Supplemental action plan activities support or enhance an existing 
Action Plan. To only fund supplemental Action Plan activities through 
the SS4A program, an applicant must have an existing Action Plan; have 
a plan that is substantially similar and meets the eligibility 
requirements for having an existing plan; or be in the process of 
completing an Action Plan described in Table 1. Examples of 
supplemental planning include:
     Topical safety sub-plans focused on topics such as speed 
management, vulnerable road users, accessibility for individuals with 
disabilities, Americans with Disabilities Act of 1990 (ADA) transition 
plans, health equity, safety-focused Intelligent Transportation System 
implementation, lighting, or other relevant safety topics.
     Road safety audits.
     Additional safety analysis and expanded data collection 
and evaluation using integrated data.
     Targeted equity assessments.
     Required supplemental planning as a condition to receiving 
an

[[Page 22094]]

Implementation Grant award as described in Section A.2.ii:
    [cir] Updating Action Plans finalized and last updated in 2020 or 
earlier.
    [cir] Broadening the road user focus to include all road users.
    [cir] Updating plan components laid out in Table 1 and missing in 
an eligible plan.
     Follow-up stakeholder engagement and collaboration.
     Reporting on the progress from Action Plan implementation 
for transparency.
     Other roadway safety planning activities that enhance an 
Action Plan.
    The final deliverable for supplemental planning is a written 
product that connects to, and enhances, an Action Plan. Final products 
shall be made publicly available. Additional information on 
supplemental planning is located at https://www.transportation.gov/grants/SS4A.
(c) Demonstration Activities
    Demonstration activities inform an Action Plan by testing proposed 
project and strategy approaches to determine their potential benefits 
and future scope; demonstration activities are temporary. Demonstration 
activities must measure potential benefits through data collection and 
evaluation and inform an Action Plan's list of selected projects and 
strategies and their future implementation. To receive funds only for 
demonstration activities through the SS4A program, an applicant must 
have an existing Action Plan, have a plan that is substantially similar 
and meets the eligibility requirements for having an existing plan, or 
be in the process of completing an Action Plan described in Table 1. 
Demonstration activities could include:
     Feasibility studies using quick-build strategies that 
inform permanent projects in the future (e.g., use of paint and plastic 
delineator posts to experiment with impermanent roadway design changes, 
use of removable barriers to re-allocate roadway space).
     Various MUTCD Engineering Studies that further safety 
applications of the MUTCD (e.g., evaluating warrants for traffic signal 
installation, high-visibility crosswalk markings, bike lane treatments, 
etc.).
     Pilot programs for behavioral or operational activities 
that include at least one element of the Safe System Approach (e.g., 
test out a new education campaign's messaging at a small scale, trial 
changes to how Emergency Medical Services respond to crashes).
     Pilot programs that demonstrate safety benefits of 
technologies not yet adopted in the community (e.g., variable speed 
limits, technology for adaptive signal timing, adaptive lighting, 
Intelligent Transportation Systems, vehicle-to-infrastructure 
technology, etc.).\6\ Eligible technologies must be commercially 
available and at a prototype or advanced technological readiness 
level.\7\
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    \6\ Eligible vehicle-to-infrastructure demonstrations use 
interoperable vehicle-to-infrastructure (V2X) communications 
capabilities using 4G LTE cellular V2X (C-V2X) technology in the 
5.905-5.925 GHz spectrum frequency band to enable safety 
applications for public fleet vehicles.
    \7\ The corresponding level would be ``Development,'' level 7 
Prototype demonstrated in operational environment. See https://www.fhwa.dot.gov/publications/research/ear/17047/17047.pdf.
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    Demonstration activities and pilot programs must inform Action 
Plans through small-scale tests with finite trial periods intended to 
gauge potential project and strategy effectiveness that will lead to 
project and strategy selection at a systemic level. The final 
deliverable is an assessment of the demonstration activities and an 
updated Action Plan that incorporates the information gathered from the 
demonstration activities into the Action Plan's list of projects or 
strategies and/or informs another part of the Action Plan. DOT intends 
to prioritize demonstration activities that are set up within 18 months 
(e.g., quick-builds on the roadway, pilot project established).
ii. Implementation Grants
    Implementation Grants fund projects and strategies identified in an 
Action Plan that address roadway safety problems. Implementation Grants 
may also fund supplemental planning and demonstration activities as 
described in Section A.2.i, as well as planning, design, and 
development activities for projects and strategies identified in an 
Action Plan. DOT encourages Implementation Grant applicants to include 
supplemental planning and demonstration activities in their 
application. Applicants must have an existing Action Plan to apply for 
Implementation Grants or have an existing plan that is substantially 
similar and meets the eligibility requirements of an Action Plan. If 
applicants do not have an existing Action Plan, they should apply for 
Planning and Demonstration Grants and NOT Implementation Grants.
    The Action Plan components may be contained within several plans. 
DOT requires applicants who have an Action Plan that is missing 
components required in Table 1 but still have a substantially similar 
plan based on the Self-Certification Eligibility Worksheet outlined in 
Section C to update an Action Plan to contain all components in a 
Comprehensive Safety Action Plan as outlined in Table 1. Updating an 
existing Plan to address missing components is a condition to receive 
Implementation Grant funding, and applicants applying for 
Implementation Grants can request to use SS4A supplemental planning 
funds to update an existing Action Plan to conform with all the 
components in Table 1. Additional information on eligibility 
requirements and eligible activities is in Section C below.
3. SS4A Grant Priorities
    This section discusses priorities specific to SS4A and those 
related to the Department's overall mission, which are reflected in the 
selection criteria and NOFO requirements. Successful grant applications 
will:
     Promote safety to prevent death and serious injuries on 
public roadways;
     Employ low-cost, high-impact strategies that can improve 
safety over a wide geographic area;
     Ensure equitable investment in the safety needs of 
underserved communities, which includes both underserved urban and 
rural communities;
     Incorporate evidence-based projects and strategies and 
adopt innovative technologies and strategies;
     Demonstrate engagement with a variety of public and 
private stakeholders; and
     Align with the Department's mission and Strategic Goals 
such as safety; climate change and sustainability; equity and 
Justice40; and workforce development, job quality, and wealth 
creation.\8\
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    \8\ FY 2022-2026 USDOT Strategic Plan https://www.transportation.gov/dot-strategic-plan.
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    The Department seeks to award Planning and Demonstration Grants 
based on safety impact, equity, and other safety considerations. For 
Implementation Grants, DOT seeks to make awards to projects and 
strategies that save lives and reduce roadway fatalities and serious 
injuries; incorporate equity, engagement, and collaboration into how 
projects and strategies are executed; use effective practices and 
strategies; consider climate change, sustainability, and economic 
competitiveness in project and strategy implementation; and will be 
able to complete the full scope of funded projects and strategies 
within five years after the establishment of a grant agreement. 
Additional award consideration will be made for Implementation Grant 
applicants that have a high percentage of funds that

[[Page 22095]]

benefit underserved communities, are in rural areas, request less than 
$10 million in Federal funds, and/or support geographic diversity 
amongst the Implementation Grant award recipients. Section D provides 
more information on the specific measures an application should 
demonstrate to support these goals.
    The SS4A grant program aligns with both Departmental and Biden-
Harris Administration activities and priorities. The National Roadway 
Safety Strategy (NRSS, issued January 27, 2022) commits the Department 
to respond to the current crisis in roadway fatalities by ``taking 
substantial, comprehensive action to significantly reduce serious and 
fatal injuries on the Nation's roadways,'' in pursuit of the goal of 
achieving zero roadway deaths through a Safe System Approach.\9\ DOT 
recognizes that zero is the only acceptable number of deaths on our 
roads, and SS4A program outcomes align with the NRSS and support the FY 
2022-2026 DOT Strategic Plan safety performance goals such as a medium-
term goal of a two-thirds reduction in roadway fatalities by 2040.\10\ 
DOT also incentivizes communities to adopt and implement Complete 
Streets policies that prioritize the safety of all users in 
transportation network planning, design, construction, and operations, 
and encourages applicants to use a Complete Streets design model on 
roadways where adjacent land use suggests that trips could be served by 
varied modes.\11\ For applicants seeking to use innovative technologies 
and strategies, the Department's Innovation Principles serve as a guide 
to ensure innovations reduce deaths and serious injuries while 
committing to the highest standards of safety across technologies.\12\
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    \9\ https://www.transportation.gov/NRSS.
    \10\ https://www.transportation.gov/dot-strategic-plan.
    \11\ More information on Complete Streets can be found at 
https://highways.dot.gov/complete-streets.
    \12\ https://www.transportation.gov/priorities/innovation/us-dot-innovation-principles. Released January 6, 2022.
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    This NOFO aligns with and considers Departmental policy priorities 
that have a nexus to roadway safety and grant funding. Consistent with 
the Department's implementation of Executive Order 14008, Tackling the 
Climate Crisis at Home and Abroad (86 FR 7619), the Department seeks to 
fund applications that address equity and environmental justice, 
particularly for communities that have experienced decades of 
underinvestment and are most impacted by climate change, pollution, and 
environmental hazards.\13\ Additionally, DOT seeks to fund projects 
that reduce greenhouse gas emissions in the transportation sector, 
including those that improve safety for low- and zero-emission modes of 
travel. Applicants should also consider the incorporation of evidence-
based climate resilience measures and features; reduce the lifecycle 
greenhouse gas emissions from project materials; avoid adverse 
environmental impacts to air or water quality, wetlands, and endangered 
species; and address the disproportionate negative environmental 
impacts of transportation on disadvantaged communities.
---------------------------------------------------------------------------

    \13\ See the definition of an underserved community, which 
includes Census tracts identified in the OMB CEJST and DOT ETCE 
tools.
---------------------------------------------------------------------------

    Consistent with Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government (86 
FR 7009), the Department seeks to award funds under the SS4A grant 
program that will create proportional impacts to all populations in a 
project area, remove transportation related disparities to all 
populations in a project area, and increase equitable access to project 
benefits. An important area for DOT's focus is the disproportionate, 
adverse safety impacts that affect certain groups on our roadways, 
particularly people walking, biking, and rolling in underserved 
communities. In accordance with the Americans with Disabilities Act of 
1990 (ADA), awards focused on infrastructure and demonstration 
activities must ensure that newly constructed facilities in the public 
right-of-way are accessible to, and usable by, individuals with 
disabilities to the extent that it is not structurally impracticable to 
do so. The ADA also requires that, when an existing facility is 
altered, the altered facility be made accessible to and usable by 
individuals with disabilities to the maximum extent feasible (28 CFR 
35.151[a] and 35.151[b]). See Section E of this NOFO for climate and 
equity-related selection criteria and Section F for related award 
administration requirements.
    The Department intends to use the SS4A program to support the 
creation of good-paying jobs with the free and fair choice to join a 
union and the incorporation of strong labor standards and training and 
placement programs, especially registered apprenticeships, in project 
planning stages, consistent with Executive Order 14025, Worker 
Organizing and Empowerment (86 FR 22829), and Executive Order 14052, 
Implementation of the Infrastructure Investment and Jobs Act (86 FR 
64335). The Department also intends to use the SS4A program to support 
wealth creation, consistent with the Department's Equity Action Plan 
through the inclusion of local inclusive economic development and 
entrepreneurship such as the utilization of Disadvantaged Business 
Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) 
firms.

B. Federal Award Information

1. Total Funding Available

    The BIL established the SS4A program with $5,000,000,000 in 
advanced appropriations in Division J, including $1,000,000,000 for FY 
2023. Additionally, DOT has $177,213,000 in FY 2022 carryover funds set 
aside for Planning and Demonstration Grants as well as certain eligible 
safety planning and demonstrative activities that may be included under 
an Implementation Grant request. Therefore, this Notice makes available 
up to $1,177,213,000 for FY 2023 grants under the SS4A program. Refer 
to Section D for greater detail on additional funding considerations 
and Section D.5 for funding restrictions.

2. Availability of Funds

    Grant funding obligation occurs when a selected applicant and DOT 
enter into a written grant agreement after the applicant has satisfied 
applicable administrative requirements. Unless authorized by DOT in 
writing after DOT's announcement of FY 2023 SS4A grant awards, any 
costs incurred prior to DOT's obligation of funds for activities 
(``pre-award costs'') are ineligible for reimbursement and may not be 
used as matching funds. All SS4A funds must be expended within five 
years after the grant agreement is executed and DOT obligates the 
funds.

3. Award Size and Anticipated Quantity

    In FY 2023, DOT expects to award hundreds of Planning and 
Demonstration Grants and up to one hundred Implementation Grants. The 
Department reserves the right to make more, or fewer, awards. DOT 
reserves the discretion to alter minimum and maximum award sizes upon 
receiving the full pool of applications and assessing the needs of the 
program in relation to the SS4A grant priorities in Section A.3. 
Federal funding requests must be made in whole dollar amounts (no 
cents).
iii. Planning and Demonstration Grants
    For Planning and Demonstration Grants, award amounts will be based 
on estimated costs, with an expected

[[Page 22096]]

minimum of $100,000 and an expected maximum of $10,000,000 for all 
applicants. The Department expects larger award amounts for a 
metropolitan planning organization (MPO), an application comprised of a 
multijurisdictional group of entities that is regional in scope (e.g., 
a multijurisdictional group of counties, a council of governments and 
cities within the same region), or those who are conducting activities 
in a large geographic area. The Department will consider applications 
with funding requests under the expected minimum award amount. DOT 
reserves the right to make Planning and Demonstration Grant awards less 
than the total amount requested by the applicant.
    An application that engages multiple jurisdictions in the same 
region is encouraged in order to ensure collaboration across multiple 
jurisdictions and leverage the expertise of agencies with established 
financial relationships with DOT and knowledge of Federal grant 
administration requirements. For applicants developing a new Action 
Plan, the application may propose the development of a single Action 
Plan covering all jurisdictions, several plans for individual 
jurisdictions, or a system to administer sub-awards to entities within 
its jurisdiction.
    Of the total amount available, DOT anticipates that it will award 
at least $250 million for demonstration activities that will inform the 
development of an Action Plan, as described in Section A.
iv. Implementation Grants
    For Implementation Grants, DOT expects the minimum award will be 
$2,500,000 and the maximum award will be $25,000,000. DOT reserves the 
right to make Implementation Grant awards less than the total amount 
requested by the applicant.

4. Start Dates and Period of Performance

    DOT expects to obligate SS4A award funding via a signed grant 
agreement between the Department and the recipient, as flexibly and 
expeditiously as possible, within 12 months after awards have been 
announced. Applicants who have never received Federal funding from DOT 
before are encouraged to partner with eligible applicants within the 
same region, such as an MPO, that have established financial 
relationships with DOT and knowledge of Federal grant administration 
requirements. While States are not eligible applicants and cannot be a 
co-applicant (which includes State Departments of Transportation and 
similar State-level entities), eligible applicants are encouraged to 
separately coordinate with States and other entities experienced with 
administering Federal grants, outside of the SS4A grant award process, 
to ensure effective administration of a grant award. The expected 
period of performance for Planning and Demonstration Grant agreements 
is between 12 months and 5 years, depending on the scope and extent of 
the grant activities. The period of performance for Planning and 
Demonstration Grant and Implementation Grant agreements may not exceed 
five years.

5. Data Collection Requirements

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

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

C. Eligibility Information

1. Eligible Applicants

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

2. Cost Sharing or Matching

    The Federal share of a SS4A grant may not exceed 80 percent of 
total eligible activity costs. Recipients are required to contribute a 
local matching share of no less than 20 percent of eligible activity 
costs. Unless otherwise authorized by statute, all matching funds must 
be from non-Federal sources. Matching funds may include funding from 
the applicant, or other eligible non-Federal sources. In accordance 
with 2 CFR 200.306, grant recipients may use in-kind or cash 
contributions toward local match requirements so long as those 
contributions meet the requirements under 2 CFR 200.306(b). Any in-kind 
contributions used to fulfill the cost-share requirement for both 
Planning and Demonstration Grants and Implementation Grants must:

[[Page 22097]]

     Be in accordance with the cost principles in 2 CFR 200 
subpart E;
     Include documented evidence of completion within the 
period of performance; and
     Support the execution of the eligible activities in 
Section C.4.
    SS4A funds will reimburse recipients only after a grant agreement 
has been executed, allowable expenses are incurred, and valid requests 
for reimbursement are submitted. Grant agreements are expected to be 
administered on a reimbursement basis, and at the Department's 
discretion alternative funding arrangements may be established on a 
case-by-case basis.

3. Grant Eligibility Requirements

    If an applicant is eligible for both a Planning and Demonstration 
Grant and an Implementation Grant, the applicant may only apply for a 
Planning and Demonstration Grant or an Implementation Grant, not both. 
An eligible applicant may only submit one application to the funding 
opportunity. Implementation Grant applicants may request funds to 
bundle supplemental planning and demonstration activities as described 
in Section A.2.i to update an Action Plan, with funds to implement 
projects and strategies. Planning and Demonstration Grant funding 
recipients are not precluded from applying for Implementation Grants in 
future funding rounds. SS4A award recipients from FY 2022 are eligible 
to apply in FY 2023.
i. Planning and Demonstration Grant Eligibility Requirements
    Eligibility requirements are contingent on whether an applicant is 
requesting funds to develop a new Action Plan, conduct supplemental 
planning to update an existing Action Plan, and/or carry out 
demonstration activities to inform the development of or update to an 
Action Plan. Any applicant that meets the eligibility requirements may 
apply for a Planning and Demonstration Grant to develop an Action Plan. 
Applicants applying to develop an Action Plan may also bundle 
supplemental planning and demonstration activities into their funding 
request. Applicants with an existing Action Plan may also apply to 
update their Action Plan. The development of an Action Plan must 
include all relevant road users and be at a broad, systemic geographic 
level (e.g., the entire eligible applicant's jurisdiction, and cannot 
be for a few road segments within a jurisdiction).
    If a higher-level jurisdiction (e.g., an MPO or county would be a 
higher-level jurisdiction for a city or town) has an existing plan in 
place, or is in the process of completing an Action Plan, an eligible 
applicant can apply for supplemental planning or demonstration 
activities without its own plan as long as: (1) the higher-level 
jurisdiction's Action Plan's geographic boundaries covers the eligible 
applicant's jurisdiction; (2) the proposed activities are coordinated 
with the high-level jurisdiction, and the application demonstrates such 
coordination; and (3) the activities will inform the Action Plan of the 
higher-level jurisdiction. Duplicative efforts (e.g., requesting funds 
to develop an Action Plan even though a higher-level jurisdiction 
already received an FY 2022 award that covers the same area, multiple 
applicants requesting to carry out the same types of demonstration 
activities in the same area) will be identified and assessed for merit 
within the context of other jurisdictions and their planning and 
demonstration activities. The Department encourages complementary but 
distinctive activities, including but not limited to demonstration 
activities that will help inform the development of an Action Plan in 
an FY 2022 award.
ii. Implementation Grant Eligibility Requirements
    To apply for an Implementation Grant, the applicant must certify 
that they have an existing plan that is substantially similar to an 
Action Plan. The plan or plans must be uploaded as an attachment to the 
application or provided as web links to publicly available sites. 
Applicants should use the Self-Certification Eligibility Worksheet to 
determine eligibility.\15\ The existing plan must be focused, at least 
in part, on the roadway network within the applicant's jurisdiction. 
The components required for an existing plan to be substantially 
similar to an Action Plan may be found in multiple plans. State-level 
Action Plans (e.g., a Strategic Highway Safety Plan required in 23 
U.S.C. 148, State Highway Safety Plans required in 23 U.S.C. 402, 
Commercial Vehicle Safety Plans required in 49 U.S.C. 31102, etc.) as 
well as Public Transportation Agency Safety Plans in 49 U.S.C. 5329 
cannot be used as an established plan to apply for an Implementation 
Grant. If a higher-level jurisdiction (e.g., an MPO, county, etc.) has 
an existing plan in place that meets the plan eligibility requirements, 
an eligible applicant covered within the Action Plan's geographic 
boundaries could apply without its own plan as long as the other 
eligibility requirements are met.
---------------------------------------------------------------------------

    \15\ https://www.transportation.gov/grants/ss4a/self-certification-worksheet.
---------------------------------------------------------------------------

    Further, Implementation Grant applicants who meet any of the 
following conditions must update their Action Plan during the execution 
of a grant agreement to align with all the Comprehensive Safety Action 
Plan components in Table 1 as a condition to receiving SS4A funds:
     Self-Certification Eligibility Worksheet areas that 
include a ``no'' response;
     Safety focus in the qualifying Action Plan does not 
include all road users, including pedestrians, bicyclists, and motor 
vehicle safety; or
     Action Plans last updated more than three years ago (to 
apply in the first place, applicants must have a plan that was 
finalized and/or last updated between 2018 and June 2023).
    Implementation Grant applicants are encouraged to request 
supplemental planning funding in their application to complete missing 
components of an existing plan but may choose to complete such 
activities without Federal funding.

4. Eligible Activities and Costs

i. Eligible Activities
    Broadly, eligible activity costs must comply with the cost 
principles set forth in 2 CFR, Subpart E (i.e., 2 CFR 200.403 and 
200.405). DOT reserves the right to make cost eligibility 
determinations on a case-by-case basis. Eligible activities for grant 
funding include the following three elements:
    A. Developing a comprehensive safety action plan or Action Plan 
(i.e., the activities in Table 1, as well as the supplemental planning 
and demonstration activities described in Section A.2);
    B. Conducting planning, design, and development activities for 
projects and strategies identified in an Action Plan; and
    C. Carrying out projects and strategies identified in an Action 
Plan.
    For Implementation Grants, activities must include element (C) 
``carrying out projects and strategies identified in an Action Plan,'' 
and may include element (B) ``conducting planning, design, and 
development activities for projects and strategies identified in an 
Action Plan'' and/or element (A) ``supplemental planning or 
demonstration activities.'' Projects and strategies identified in 
element (C) must be either infrastructure, behavioral, or operational 
activities identified in the Action Plan, and must be directly related 
to addressing the safety problem(s) identified in the application and 
Action

[[Page 22098]]

Plan. Applicants may ``bundle'' different projects, strategies, 
supplemental planning, and/or demonstration activities into one 
Implementation Grant application, even if they address different safety 
problems or are located in different areas. Examples of eligible 
Implementation Grant activities are listed on the SS4A website located 
at https://www.transportation.gov/grants/SS4A. The following activities 
are not eligible for element (C) ``projects and strategies'' nor 
demonstration activity funding:
     Projects and strategies whose primary purpose is not 
roadway safety.
     Projects and strategies exclusively focused on non-roadway 
modes of transportation, including air, rail, marine, and pipeline. 
Roadway intersections with other modes of transportation (e.g., at-
grade highway rail crossings, etc.) are eligible activities.
     Capital projects to construct new roadways used for motor 
vehicles. New roadway facilities exclusively for non-motorists (e.g., a 
shared use path) is an eligible activity if the primary purpose is 
safety related.
     Infrastructure projects primarily intended to expand 
capacity to improve Levels of Service for motorists on an existing 
roadway, such as the creation of additional lanes.
     Maintenance activities for an existing roadway primarily 
to maintain a state of good repair. However, roadway modifications on 
an existing roadway in support of specific safety-related projects 
identified in an Action Plan are eligible activities.
     Development or implementation of a public transportation 
agency safety plan (PTASP) required by 49 U.S.C. 5329. However, a PTASP 
that identifies and addresses risks to pedestrians, bicyclists, 
personal conveyance and micromobility users, transit riders, and others 
may inform Action Plan development.
    Projects, strategies, and demonstration activities must have 
equity--the consistent, fair, just, and impartial treatment of all 
people--at their foundation. This includes traffic enforcement 
strategies. As part of the Safe System Approach adopted in the USDOT's 
National Roadway Safety Strategy, any activities related to compliance 
or enforcement efforts to make our roads safer should affirmatively 
improve equity outcomes as part of a comprehensive approach to achieve 
zero roadway fatalities and serious injuries. The SS4A program can be 
used to support safety projects and strategies that address serious 
safety violations of drivers (e.g., speeding, alcohol and drug-impaired 
driving, etc.), so long as the proposed strategies are data-driven and 
demonstrate a process in alignment with goals around community policing 
and in accordance with Federal civil rights laws and regulations.\16\ 
Funds may not be used, either directly or indirectly, to support or 
oppose union organizing.
---------------------------------------------------------------------------

    \16\ For one such example, see https://cops.usdoj.gov/RIC/Publications/cops-p157-pub.pdf.
---------------------------------------------------------------------------

ii. Project and Strategy Location
    For Implementation Grants, applications must identify the problems 
to be addressed, the relevant geographic locations (e.g., corridors, 
intersections, etc.), and the projects and strategies they plan to 
implement based on their Action Plan or established plan. This should 
include specific intervention types, address common safety risk 
characteristics, and be located on the Action Plan's High-Injury 
Network to the extent practicable. To provide flexibility in the 
implementation of projects and strategies that involve systemic safety 
strategies or bundling of similar countermeasures, an applicant may 
wait to finalize site locations as part of executing the grant 
agreement, if necessary, upon approval of the Department, and as long 
as the identified site locations are primarily on the High-Injury 
Network and designs remain consistent with the intent of the award.

A. Application and Submission Information

1. Address To Request Application Package

    All grant application materials can be accessed at grants.gov under 
opportunity number DOT-SS4A-FY23-01. Applicants must submit their 
applications via Valid Eval at https://usg.valideval.com/teams/usdot_ss4a_2023_implementation/signup for Implementation Grant 
applicants, and https://usg.valideval.com/teams/usdot_ss4a_2023_planning_demo/signup for Planning and Demonstration 
Grants under the Notice of Funding Opportunity Number cited herein. 
Potential applicants may also request paper copies of materials at:

Telephone: 202-366-4114
Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
W84-322, Washington, DC 20590.

2. Content and Form of Application Submission

    The Planning and Demonstration Grant, and the Implementation Grant, 
respectively, have different application submission and supporting 
document requirements.
i. Planning and Demonstration Grant Application Submissions
    The application must include the following: Standard Forms (SF); 
Key Information Questions; Project Narrative and Summary Budget 
Narrative. This information must be submitted via Valid Eval at https://usg.valideval.com/teams/usdot_ss4a_2023_planning_demo/signup. More 
detailed information about each application material is provided below. 
The necessary file formats for each application component will be 
displayed on the Valid Eval intake site.
     Standard forms: All applicants must submit the following 
Standard Forms: Application for Federal Assistance (SF-424), Budget 
Information for Non-Construction Programs (SF-424A), Assurances for 
Non-Construction Programs (SF-424B), and Disclosure of Lobbying 
Activities (SF-LLL).
     Key Information Questions: Below is a preview list of the 
questions that are asked on USDOT's automated proposal website at 
https://usg.valideval.com/teams/usdot_ss4a_2023_planning_demo/signup. 
After registering in the system, the applicant will be prompted to 
answer these questions on the website.

 Table 2--Example Planning and Demonstration Application Key Information
                                  Table
------------------------------------------------------------------------
                 Title                             Instructions
------------------------------------------------------------------------
Lead Applicant Name....................  This should be consistent with
                                          Q. 8.a. of the SF-424.
Lead Applicant Unique Entity Identifier  See Section D.3 below for more
 (UEI).                                   information about obtaining a
                                          UEI from SAM.gov.
Eligible Entity Type...................  See Section C.1.

[[Page 22099]]

 
Do you have additional applicants as     List of additional applicants.
 part of a multijurisdictional group of
 eligible entities?
Total Applicant Jurisdiction Population  2020 U.S. Census American
                                          Community Survey.
Total Applicant Jurisdiction Applicant   List of all Census tracts
 Census Tract(s).                         covered by the jurisdiction.
Census Tract(s) of any pilot or          Census tracts where pilot or
 demonstration projects (if applicable).  demonstration projects would
                                          take place.
Total Count Motor Vehicle-Involved       From the Fatality Analysis
 Roadway Fatalities that includes the     Reporting System (FARS) for
 last five years of data made available   the applicant jurisdiction.
 in the Fatality Analysis Reporting       Use 2016-2020 data; or if
 System (FARS) during the NOFO period.    available, 2017-2021 data.
                                         NOTE: The 2021 FARS data is
                                          expected to be released early
                                          in the NOFO period.
Total Average Annual Fatality Rate (per  The fatality rate calculated
 100,000 population.                      using the 5-year annual
                                          average from the total count
                                          of fatalities based on FARS
                                          data, divided by the
                                          population of the applicant's
                                          jurisdiction based on 2020
                                          U.S. Census ACS population
                                          data.
Total Percent of Population in           The population in underserved
 Underserved Communities Census           communities should be a
 Tract(s).                                percentage obtained by
                                          dividing the population living
                                          in Census tracts with an
                                          Underserved Community
                                          designation divided by the
                                          total population living in the
                                          jurisdiction.
Project Title..........................  A concise, descriptive title
                                          for the project. This should
                                          be the same title used in the
                                          SF-424 form and the
                                          application narrative.
Application Type (select all that        Develop a new Action Plan;
 apply).                                 Conduct Supplemental Planning
                                          to update an Action Plan;
                                         Demonstration Activities to
                                          inform development of an
                                          Action Plan.
Description of Supplemental Planning     See Section A.2.i.
 and Demonstration Activities (if
 relevant).
Total Federal Funding Request..........  Must be a whole number (no
                                          cents).
Total Local share/Match................  Must be equal to, or greater
                                          than, 20% of total project
                                          cost.
Total Project Cost.....................  Sum of Total Federal Funding
                                          Request and Total Local share/
                                          Match.
Regional Coordination..................  Questions on your application
                                          in relation to overlapping
                                          jurisdictions that received an
                                          award in FY 2022 or are
                                          applying for a grant in FY
                                          2023.
------------------------------------------------------------------------

     Narrative: In narrative form, the applicant must respond 
to the Planning and Demonstration Grant selection criteria described in 
Section E.1.i to affirm its alignment with SS4A safety considerations 
and address the criteria. The narrative must be no longer than 2 pages.
    For applicants requesting funding for demonstration activities to 
inform an Action Plan: you must provide a brief schedule showing when 
the activities will be in place (e.g., hardware installed, when the 
pilot would begin, etc.), and the start/end dates of the work. If 
anticipated to be a schedule constraint, applicants should include in 
the narrative any potential timeline implications of meetings 
administration requirements in Section F such as domestic preference 
and any required waivers, the National Environmental Policy Act 
requirements, as well as any applicable permitting and approval 
timeframes.
     Self-Certification Eligibility Worksheet: If only applying 
for supplement planning and/or demonstration activities that will 
inform the update of an existing plan, applications must either 
demonstrate their existing plan is eligible by attaching the filled out 
Self-Certification Eligibility Worksheet, or be in the process of 
developing a comprehensive safety action plan. If applying to develop a 
new Action Plan, applicants do not need to include the worksheet even 
if supplemental planning and/or demonstration activities are included.
     Map: The applicant must submit a map in a PDF format that 
shows the location of the jurisdiction and highlights the roadway 
network under the applicant's jurisdiction.
     Budget: Applicants are required to provide a brief budget 
summary and a high-level overview of estimated activity costs, as 
organized by all major cost elements. Funding sources should be grouped 
into two categories: Federal Funding share, and non-Federal share 
funds. The costs or value of in-kind match should also be provided. 
This budget shall not include any previously incurred expenses, or 
costs to be incurred before the time of award. DOT requires applicants 
use SF-424A to provide this information. Additionally, applicants must 
summarize the amount of funding going towards the three eligible 
activities for a Planning and Demonstration Grant (developing a new 
Action Plan, conducting supplemental planning to update an existing 
plan, and carrying out demonstration activities to inform the 
development or update of an Action Plan).
ii. Implementation Grant Application Submissions
    The application must include the following: Standard Forms (SF); 
Key Information Questions; Project Narrative and Summary Budget 
Narrative. This information must be submitted via Valid Eval at https://usg.valideval.com/teams/usdot_ss4a_2023_implementation/signup. More 
detailed information about each application material is provided below. 
The necessary file formats for each application component will be 
displayed on the Valid Eval intake site.
     Standard forms: All applicants must submit the following 
Standard Forms: Application for Federal Assistance (SF-424), Budget 
Information for Construction Programs (SF-424C), Assurances for 
Construction Programs (SF-424D), and Disclosure of Lobbying Activities 
(SF-LLL).
     Key Information Questions: This is a preview list of the 
questions that are asked on USDOT's automated proposal website at 
https://usg.valideval.com/teams/usdot_ss4a_2023_implementation/signup. 
After registering in the system, the applicant will be prompted to 
answer these questions on the website.

[[Page 22100]]



 Table 3--Example Implementation Grant Application Key Information Table
------------------------------------------------------------------------
                 Title                             Instructions
------------------------------------------------------------------------
Lead Applicant Name....................  This should be consistent with
                                          Q. 8.a. of the SF-424.
Lead Applicant Unique Entity Identifier  See Section D.3 below for more
 (UEI).                                   information about obtaining a
                                          UEI from SAM.gov.\17\
Eligible Entity Type...................  See Section C.1.
Do you have additional applicants as     List of additional applicants.
 part of a multijurisdictional group of
 eligible entities?.
Total Applicant Jurisdiction Population  2020 U.S. Census American
                                          Community Survey.
Total Applicant Jurisdiction Applicant   List of all Census tracts
 Census Tract(s).                         covered by the jurisdiction.
Total Applicant Jurisdiction Count of    From the Fatality Analysis
 Motor Vehicle-Involved Roadway           Reporting System (FARS) for
 Fatalities that includes the last five   the applicant jurisdiction.
 years of data made available in FARS     Use 2016-2020 data; or if
 during the NOFO period.                  available, 2017-2021 data.
                                         Note: The 2021 FARS data is
                                          expected to be released early
                                          in the NOFO period.
Total Jurisdiction Average Annual        The fatality rate calculated
 Fatality Rate (per 100,000 population).  using the 5-year annual
                                          average from the total count
                                          of fatalities based on FARS
                                          data, divided by the
                                          population of the applicant's
                                          jurisdiction based on 2020
                                          U.S. Census ACS population
                                          data.
Census Tract(s) of the project(s)......  Census tract(s) where
                                          project(s) would take place.
Specific project location(s)...........  Names of corridors or
                                          intersections, latitude/
                                          longitude coordinates, or
                                          other description of project
                                          limits.
Percent of Population in Underserved     The population in underserved
 Communities in the project area Census   communities should be a
 Tract(s).                                percentage obtained by
                                          dividing the population living
                                          in Census tracts with an
                                          Underserved Community
                                          designation divided by the
                                          total population living in the
                                          jurisdiction.
Project Area Fatalities 2017-2021......  Count of fatalities in the
                                          project area(s). May use
                                          source other than FARS.
Project Area Serious Injuries 2017-2021  Count of serious injuries in
 OR.                                      the project area(s).
Project Area Injuries Severity Unknown    Applicants without reliable
 2017-2021.                               serious injury data may use
                                          suspected serious injury
                                          figures. Please cite source.
Project Title..........................  A concise, descriptive title
                                          for the project. This should
                                          be the same title used in the
                                          SF-424 form and the
                                          application narrative.
Project Goals..........................  One sentence summary of the
                                          safety problem(s) this project
                                          will address.
Applicant roadway safety responsibility   Ownership and/or
 (select all that apply):.                maintenance responsibilities
                                          over a roadway network;
                                          Safety
                                          responsibilities that affect
                                          roadways;
                                          Have an agreement from
                                          the agency that has ownership
                                          and/or maintenance
                                          responsibilities for the
                                          roadway within the applicant's
                                          jurisdiction.
Primary project purpose (select one)...   Infrastructure
                                          Projects and Strategies.
                                          Behavioral Project and
                                          Strategies.
                                          Operational or
                                          Technology Projects and
                                          Strategies.
Roadway users that this project will      Pedestrians.
 significantly benefit (check all that    Bicyclists.
 apply).                                  Micromobility Users
                                          (e.g., scooters, etc.).
                                          Transit Users.
                                          Commercial Motor
                                          Vehicles.
                                          Motorists.
                                          Emergency Medical
                                          Services.
                                          Other (please
                                          specify).
Does this project include major           Major construction
 construction, minor construction, or     projects.
 both?                                    Minor construction
                                          projects.
                                          Neither major nor
                                          minor constructions projects.
Does your project include Demonstration  See Section A.2.i.
 Activities?.
Would you consider accepting funding     Yes, no, n/a.
 for only demonstration activities and/
 or supplemental planning?.
Total Federal Funding Request..........  Must be a whole number (no
                                          cents).
Total Local share/Match................  Must be equal to, or greater
                                          than, 20% of total project
                                          cost.
Total Project cost.....................  Sum of Total Federal Funding
                                          Request and Total Local share/
                                          Match.
Total Federal Funds Allocated to         Funds to be spent in Census
 Underserved Communities.                 tracts identified as
                                          underserved through the DOT
                                          Equitable Transportation
                                          Community Explorer tool.
Supplemental Planning Activities (A)     ...............................
 Federal Funding Request.
Supplemental Planning Activities (A)     ...............................
 Total Project Costs.
Planning, Design, and Development        ...............................
 Activities for Projects/Strategies (B)
 Federal Funding Request.
Planning, Design, and Development        ...............................
 Activities for Projects/Strategies (B)
 Total Project Costs.
Carrying Out Projects and Strategies     ...............................
 (C) Federal Funding Request.
Carrying Out Projects and Strategies     ...............................
 (C) Total Project Costs.
Existing Comprehensive Safety Action     Link to or attachment.
 Plan (or equivalent).
------------------------------------------------------------------------
\17\ https://sam.gov/content/home.


[[Page 22101]]

(a) Narrative
    The Department recommends that the narrative follows the outline 
below to address the program requirements and assist evaluators in 
locating relevant information. The narrative may not exceed 12 pages in 
length, excluding cover pages and the table of contents. The Self-
Certification Eligibility Worksheet and Budget sections do not count 
towards the 12-page limit. Appendices may include documents supporting 
assertions or conclusions made in the 12-page narrative and also do not 
count towards the 12-page limit. If possible, website links to 
supporting documentation should be provided rather than copies of these 
supporting materials. If supporting documents are submitted, applicants 
should clearly identify within the narrative the relevance of each 
supporting document. Letters of support will only be considered if they 
are submitted with the application as one consolidated set of support 
letters in one supporting attachment.
I. Overview See D.2.ii.a.I
II. Location See D.2.ii.a.II
III. Response to Selection Criteria See D.2.ii.a.III and Section E.1.ii
IV. Project Readiness See D.2.ii.a.IV

I. Overview

    This section should provide an introduction, describe the safety 
context, jurisdiction, and any high-level background information that 
would be useful to understand the rest of the application.

II. Location

    This section of the application should describe the jurisdiction's 
location, the jurisdiction's High-Injury Network or equivalent 
geospatial identification (geographic or locational data using maps) of 
higher risk locations, and potential locations and corridors of the 
projects and strategies. Note that the applicant is not required to 
provide exact locations for each project or strategy; rather, the 
application should identify which geographic locations are under 
consideration for projects and strategies to be implemented and what 
analysis will be used in a final determination.

III. Response to Selection Criteria

    This section should respond to the criteria for evaluation and 
selection in Section E.1.ii of this Notice and include a compelling 
narrative to highlight how the application aligns with criteria #1 
Safety Impact; #2 Equity, Engagement, and Collaboration; #3 Effective 
Practices and Strategies; #4 Other DOT Strategic Goals; #5 Additional 
Safety Context (only if applying for supplemental planning and/or 
demonstration activities).
    Note, criterion #1 Safety Impact assesses ``implementation cost'' 
information, which will be described in SF-424C, Budget of the 
narrative, and the Key Information Table. The Federal funding requested 
per person(s) killed or seriously injured from 2017-2021 in the Key 
Information Table should be itemized by separating different locations 
and/or different sets of proposed projects and strategies that address 
a similar safety problem and match the itemization in the Budget.
    The applicant must respond to each of the four criteria 1-4 and 
respond to criterion #5 if applying for supplemental planning and/or 
demonstration activities. Applicants are not required to follow a 
specific narrative format, but the structure should clearly identify 
the narrative associated with each selection criterion. To the extent 
practical, DOT encourages applicants to incorporate existing content 
from their Action Plan/established plan(s).

IV. Project Readiness

    The applicant must provide information to demonstrate the 
applicant's ability to substantially execute and complete the full 
scope of work in the application proposal within five years of when the 
grant is executed, with a particular focus on design and construction, 
as well as environmental, permitting, and approval processes. 
Applicants should indicate if they will be seeking permission to use 
roadway design standards that are different from those generally 
applied by the State in which the project is located. As part of this 
portion of the narrative, the applicant must include a detailed 
activity schedule that identifies all major project and strategy 
milestones. Examples of such milestones include State and local 
planning approvals; start and completion of National Environmental 
Policy Act (NEPA) and other Federal environmental reviews and approvals 
including permitting; design completion; right of way acquisition; 
approval of plans, specifications, and estimates; procurement; State 
and local approvals; public involvement; partnership and implementation 
agreements; and construction. Environmental review documentation should 
describe in detail known project impacts, and possible mitigation for 
those impacts. When a project results in impacts, an award recipient 
must take steps to engage the public. At a minimum, the project 
readiness narrative and detailed project activity schedule must include 
the applicability and disposition of: NEPA and Federal environment 
reviews and approvals; utility relocation; and right-of-way 
acquisition. For additional guidance and resources, visit https://www.transportation.gov/grants/SS4A.
(b) Self-Certification Eligibility Worksheet
    Attach a completed Self-Certification Eligibility Worksheet.
(c) Budget
    This section of the application should describe the budget for the 
SS4A proposal. Applicants are required to provide a brief budget 
summary and provide a high-level overview of estimated activity costs, 
as organized by all major cost elements. The budget shall provide 
itemized estimates of the costs by separating different locations and/
or different sets of proposed projects and strategies that address a 
similar safety problem, and then providing additional details about 
those from the itemized list at the component level. This information 
should include capital costs for infrastructure safety improvements and 
costs associated with behavioral and operational safety projects and 
strategies. The section should also distinguish between the three 
eligible activity areas: (A) supplemental planning and demonstration 
activities in support of an existing Action Plan; (B) conducting 
planning, design, and development activities for projects and 
strategies identified in an Action Plan; and (C) carrying out projects 
and strategies identified in an Action Plan.
    Funding sources should be grouped into two categories: SS4A funding 
Federal share, and non-Federal share funds. Estimated costs or value of 
in-kind matches should also be provided. The budget should show how 
each source of funds will be spent. This budget should not include any 
previously incurred expenses, or costs to be incurred before the time 
of award and obligation because these expenses are not eligible for 
reimbursement or cost-sharing. DOT requires applicants use form SF-
424C, and the applicant must also provide the information in Table 4 
below.

[[Page 22102]]



                                     Table 4--Supplemental Estimated Budget
----------------------------------------------------------------------------------------------------------------
                                                                      Federal                      Federal funds
                           Activities                                 funding      Total project  to underserved
                                                                      request          cost         communities
----------------------------------------------------------------------------------------------------------------
                     Itemized Estimated Costs of the (A) supplemental action plan activities
----------------------------------------------------------------------------------------------------------------
Item #1.........................................................           $0.00           $0.00
Item #2.........................................................            0.00            0.00
                                                                 -----------------------------------------------
        Subtotal Budget for (A) supplemental action plan                    0.00            0.00           $0.00
         activities.............................................
----------------------------------------------------------------------------------------------------------------
                Itemized Estimated Costs of the (B) planning, design, and development activities
----------------------------------------------------------------------------------------------------------------
Location or Project #1..........................................            0.00            0.00            0.00
    Individual Component for #1.................................            0.00            0.00
    Individual Component for #1.................................            0.00            0.00
Location or Project #2..........................................            0.00            0.00            0.00
    Individual Component for #2.................................            0.00            0.00
    Individual Component for #2.................................            0.00            0.00
                                                                 -----------------------------------------------
        Subtotal Budget for (B) conducting planning, design, and            0.00            0.00            0.00
         development activities.................................
----------------------------------------------------------------------------------------------------------------
                      Itemized Estimated Costs of the (C) proposed projects and strategies
----------------------------------------------------------------------------------------------------------------
Location or Project #1..........................................            0.00            0.00            0.00
    Individual Component for #1.................................            0.00            0.00
    Individual Component for #1.................................            0.00            0.00
Location or Project #2..........................................            0.00            0.00            0.00
    Individual Component for #2.................................            0.00            0.00
    Individual Component for #2.................................            0.00            0.00
                                                                 -----------------------------------------------
        Subtotal Budget for (C) carrying out projects and                   0.00            0.00            0.00
         strategies.............................................
----------------------------------------------------------------------------------------------------------------

3. Unique Entity Identifier and System for Award Management (SAM)
    Each applicant is required to: (i) be registered in SAM (https://sam.gov/content/home) before submitting its application; (ii) provide a 
valid unique entity identifier in its application; and (iii) continue 
to maintain an active SAM registration with current information at all 
times during which it has an active Federal award or an application or 
plan under consideration by a Federal awarding agency. DOT may not make 
a Federal award to an applicant until the applicant has complied with 
all applicable unique entity identifier and SAM requirements and, if an 
applicant has not fully complied with the requirements by the time DOT 
is ready to make an award, DOT may determine that the applicant is not 
qualified to receive an award and use that determination as a basis for 
making an award to another applicant.
4. Submission Dates and Times
    Applications must be submitted by 5:00 p.m. EDT on Monday, July 10, 
2023. Late applications will not be accepted.
5. Funding Restrictions
    Per BIL requirements, not more than 15 percent of the $1 billion in 
FY 2023 funds made available to carry out the SS4A program may be 
awarded to eligible applicants in a single State.\18\ In addition, 40 
percent of the total funds made available in FY 2023 and all $177 
million of the funds carried over from FY 2022 must be awarded for 
developing an Action Plan, including supplemental planning to update an 
existing Action Plan, or demonstration activities to inform the 
development of or update an Action Plan (total $577 million). Due in 
part to these restrictions, in FY 2022, nearly all the eligible 
applicants requesting funds for Action Plan development were awarded, 
while less than 20 percent of Implementation Grant applications were 
awarded.
---------------------------------------------------------------------------

    \18\ Funding for Tribal lands will be treated as their own State 
and will not count toward a State's 15% limit.
---------------------------------------------------------------------------

6. Other Submission Requirements
    The format of the Section D.2 application submission should be in 
PDF format, with font size no less than 12-point Times New Roman, 
margins a minimum of 1 inch on all sides, and include page numbers. The 
necessary file formats for each application component will be displayed 
on the Valid Eval intake site.
    The complete application must be submitted via Valid Eval, an 
online submission proposal system used by USDOT at https://usg.valideval.com/teams/usdot_ss4a_2023_implementation/signup for 
Implementation Grant applicants, and https://usg.valideval.com/teams/usdot_ss4a_2023_planning_demo/signup for Planning and Demonstration 
Grant applicants.

B. Application Review Information

1. Selection Criteria
    This section specifies the criteria DOT will use to evaluate and 
select applications for SS4A grant awards. The Department will review 
merit criteria for all complete applications from eligible applicants. 
Planning and Demonstration Grants, and Implementation Grants, 
respectively, each have their own set of application review and 
selection criteria.
i. Planning and Demonstration Grant Selection Criteria
    For Planning and Demonstration Grants, the Department will use 
three evaluation criteria. The Department will evaluate quantitative 
data in two selection criteria areas: #1 Safety Impact; and #2 Equity. 
The Department will also assess the narrative for #3 Additional Safety 
Context. Costs will also be considered.
Selection Criterion #1: Safety Impact
    The activities are in jurisdictions that will likely support a 
significant

[[Page 22103]]

reduction or elimination of roadway fatalities and serious injuries 
involving various road users, including pedestrians, bicyclists, public 
transportation users, personal conveyance and micromobility users, 
motorists, and commercial operators, within the timeframe proposed by 
the applicant. The Department will assess safety impact using two 
quantitative ratings:
     The count of roadway fatalities from the most recent set 
of 5-year data \19\ based on DOT's FARS data, an alternative traffic 
crash dataset, or a comparable data set with roadway fatality 
information.\20\
---------------------------------------------------------------------------

    \19\ At the time of NOFO publication this would be 2016-2020 
data; however, the 2021 data is expected to be released early in the 
NOFO period.
    \20\ https://cdan.dot.gov/query.
---------------------------------------------------------------------------

     The fatality rate, which is calculated using 5-year annual 
average from the total count of fatalities (based on FARS data or an 
alternative traffic crash dataset) divided by the 2020 population of 
the applicant's jurisdiction based on 2020 ACS population data from the 
U.S. Census. The rate should be normalized per 100,000 persons.
Selection Criterion #2: Equity
    The activities will ensure equitable investment in the safety needs 
of underserved communities in preventing roadway fatalities and 
injuries, including rural communities. The Department will assess the 
equity criterion using one quantitative rating:
     The percentage of the population in the applicant's 
jurisdiction that resides in an Underserved Community Census tract.\21\ 
Population of a Census tract, either a tract that is Underserved 
Community or not, must be based on 2020 ACS population data from the 
U.S. Census.
---------------------------------------------------------------------------

    \21\ https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Applicant-Explorer/.
---------------------------------------------------------------------------

Selection Criterion #3: Additional Safety Context
    The applicant must address these considerations in narrative form. 
The Department will assess whether the applicant has: described the 
scope of work to be performed; the roadway safety issues that 
necessitate further Action Plan development, supplemental planning, 
and/or demonstration activities, as applicable; and how the funded 
activities will inform an Action Plan and support the identification of 
projects and strategies that will:
     Lead to a significant reduction or elimination of roadway 
fatalities and serious injuries involving various road users;
     Employ low-cost, high-impact strategies that can improve 
safety over a wider geographical area;
     Involve engaging with a variety of public and private 
stakeholders;
     Adopt innovative technologies to promote safety and 
equity; and
     Be evidence-based or build evidence around what works.
    Applicants applying to carry out demonstration activities to inform 
the development of an Action Plan will also be assessed as to whether 
their approach to measuring the potential benefits of the demonstration 
activities through data collection and evaluation are described, and 
the extent to which the activities will be set up (e.g., quick builds 
on the roadway, pilot project established) within 18 months of 
executing a grant agreement.
Additional Consideration: Budget Costs
    The Department will assess the extent to which the budget and costs 
to perform the activities required to execute the Planning and 
Demonstration Grant are reasonable, necessary, and allocable based on 2 
CFR 200.404 and 405, and the extent to which the application delineates 
the breakdown of Federal funds requested between developing an Action 
Plan, conducting supplemental planning to update an existing plan, and/
or carrying out demonstration activities to inform the development or 
update of an Action Plan.
ii. Implementation Grant Selection Criteria
    Implementation Grants have five merit criteria: #1 Safety Impact; 
#2 Equity, Engagement, and Collaboration; #3 Effective Practices and 
Strategies; #4 Other DOT Strategic Goals; and #5 Supplemental Planning 
and Demonstration Activities. DOT will only evaluate selection 
criterion #5 Supplemental Planning and Demonstration Activities for 
Implementation Grant applicants requesting funds to conduct 
supplemental planning and/or carry out demonstration activities. Two 
considerations will also be used in the selection process: Project 
Readiness, and Additional Considerations. The response to each 
criterion, to the extent practicable, should be aligned with the 
applicant's Action Plan. Below describes the specific content the 
applicant should respond to for each of these criteria.
Selection Criterion #1: Safety Impact
    DOT will assess whether the proposal is likely to: significantly 
reduce or eliminate roadway fatalities and serious injuries; employ 
low-cost, high-impact strategies over a wide geographic area; and 
include evidence-based projects and strategies. Safety impact is the 
most important criterion and will be weighed more heavily in the review 
and selection process. The Department will assess the applicant's 
description of the safety problem, safety impact assessment, and costs 
as part of the Safety Impact criterion:
     Description of the safety problem. DOT will assess the 
extent to which:
    [cir] The safety problem to be addressed is described, including 
historical trends, fatal and serious injury crash locations, 
contributing factors, and crash types by category of road user.
    [cir] Crashes and/or crash risk are displayed in a High-Injury 
Network, hot spot analysis, or similar geospatial risk visualization.
    [cir] Project and strategy locations are described in relation to 
the High-Injury Network and geospatial information.
    [cir] Safety risk is summarized from risk models, hazard analysis, 
the identification of high-risk roadway features, road safety audits/
assessments, near miss data, and/or other proactive safety analyses.
     Safety impact assessment. DOT will assess the extent to 
which projects and strategies:
    [cir] Align with and comprehensively address the identified safety 
problems.
    [cir] Are primarily on a High-Injury Network or address high-risk 
roadway features correlated with severe crash types.
    [cir] Significantly reduce or eliminate roadway fatalities and 
serious injuries involving various road users.
    [cir] Use low-cost, high-impact strategies and projects over a wide 
geographical area.
    [cir] Use evidence-based, Proven Safety Countermeasures or other 
effective safety countermeasures to significantly improve existing 
roadways.\22\
---------------------------------------------------------------------------

    \22\ https://safety.fhwa.dot.gov/provencountermeasures/.
---------------------------------------------------------------------------

    [cir] Use evidence-based Countermeasures that Work with four or 
five stars to address persistent behavioral safety issues and consider 
equity in their implementation.\23\
---------------------------------------------------------------------------

    \23\ https://www.nhtsa.gov/sites/nhtsa.gov/files/2021-09/Countermeasures-10th_080621_v5_tag.pdf.
---------------------------------------------------------------------------

    [cir] Measure safety impact through models, studies, reports, 
proven noteworthy practices, Crash Modification Factors (CMF), and 
other information on project and strategy effectiveness.

[[Page 22104]]

    [cir] Will have safety benefits that persist over time.\24\
---------------------------------------------------------------------------

    \24\ https://highways.dot.gov/safety/data-analysis-tools.
---------------------------------------------------------------------------

     Implementation Costs. DOT will assess the extent to which 
the projects and strategies:
    [cir] Are itemized and summarized in a logical manner, including 
capital costs for infrastructure, behavioral, and operational safety 
improvements.
    [cir] Fund locations with past traffic fatalities and serious 
injuries and is expected to prevent fatalities and serious injuries per 
funds requested. Injuries will be weighted and combined with fatalities 
to assess this figure in relation to the Federal funding request.\25\
---------------------------------------------------------------------------

    \25\ The weighting will use the Benefit Cost Analysis Guidance 
2023 Update: https://www.transportation.gov/sites/dot.gov/files/2023-01/Benefit%20Cost%20Analysis%20Guidance%202023%20Update.pdf. 
One fatality equals 20.9 serious injuries, or 55.2 injured severity 
unknowns.
---------------------------------------------------------------------------

Selection Criterion #2: Equity, Engagement, and Collaboration
    This criterion supports the legislative requirements to assess the 
extent to which the application ensures the equitable investment in the 
safety needs of underserved communities and demonstrates engagement 
with a variety of public and private stakeholders. The response to this 
criterion should focus on equity, engagement, and collaboration in 
relation to the implementation of the projects and strategies. DOT will 
assess the extent to which projects and strategies:
     Ensure equitable investment in underserved communities in 
preventing roadway fatalities and serious injuries, including rural 
communities.
     Are designed to decrease existing disparities identified 
through equity analysis.
     Consider key population groups (e.g., people in 
underserved communities, children, seniors, Black, Latino, Indigenous 
and Native Americans, Asian Americans and Pacific Islanders, other 
persons of color, persons with disabilities, persons who live in rural 
areas, and persons otherwise adversely affected by persistent poverty 
or inequality) to ensure the impact to these groups is understood and 
addressed.
     Include equity analysis, both quantitative and 
qualitative, and stakeholder engagement in underserved communities as 
part of the development and implementation process.\26\
---------------------------------------------------------------------------

    \26\ See Table 1 under ``Equity Considerations'' for what equity 
analysis entails.
---------------------------------------------------------------------------

     Include meaningful engagement with the public, including 
public involvement for underserved communities, community benefit 
agreements, and relevant stakeholders such as private sector and 
community groups, as part of implementation.
     Leverage partnerships within their jurisdiction, with 
other government entities, non-governmental organizations, the private 
sector, academic institutions, and/or other relevant stakeholders to 
achieve safety benefits while preventing unintended consequences for 
persons living in the jurisdiction.
     Inform representatives from areas impacted on 
implementation progress and meaningfully engage over time to evaluate 
the impact of projects and strategies on persons living in the 
jurisdiction.
     Align with the equity analysis performed as part of the 
development of an existing Action Plan.
Selection Criterion #3: Effective Practices and Strategies
    DOT will assess the extent to which the applicant demonstrates how 
it applies policies, guidelines, standards, and practices to promote 
systemic safety improvements. DOT will assess the extent to which the 
projects and strategies reflect effective safety practices that:
     Demonstrate how updated policies, guidelines, and 
standards improve safety decision making.
     Are supported by an existing Complete Streets Policy that 
prioritizes safety in standard agency procedures and guidance, or other 
roadway safety policies that have eliminated barriers to prioritizing 
the safety of all users.
     Incorporate practices that promote efficiency within the 
planning and road management lifecycle (e.g., dig once, etc.).
     Consider the impacts of land use and the built environment 
to promote transportation efficient design.
     Leverage a Safe System Approach that uses multiple 
activities and interventions to address safety problems.
     Encompass at least three of the five Safe System Approach 
elements in the National Roadway Safety Strategy (Safer People, Safer 
Roads, Safer Speeds, Safer Vehicles, and Post-Crash Care) to address 
the identified safety problem.
     Include a mix of infrastructure, behavioral, operational, 
and/or post-crash safety activities.
     Involve widely implemented improvements based on high-risk 
roadway features correlated with particularly severe crash types, 
including design features that reinforce appropriate motor vehicle 
speeds.
     Incorporate technologies that promote safety and/or 
equity.
     Improve safety for all road users along a roadway by 
providing accessible facilities (e.g., Public-Rights-of-Way 
Accessibility Guidelines [PROWAG]) and correcting barriers to 
individuals with disabilities.\27\
---------------------------------------------------------------------------

    \27\ https://www.access-board.gov/prowag/.
---------------------------------------------------------------------------

     Improve multimodal networks for people outside of a motor 
vehicle, including people who are walking, biking, rolling, public 
transit users, and have disabilities.
Selection Criterion #4: Other DOT Strategic Goals
    This program's focus on equity and safety is also advanced by 
considerations of how applications address climate and sustainability 
considerations, as well as whether applications support economic 
competitiveness. DOT will assess the extent to which the projects and 
strategies use safety strategies to support the Departmental strategic 
goals of climate change, sustainability, workforce, and economic 
competitiveness, and the extent to which the proposal is expected to:
Climate and Sustainability
     Reduce motor vehicle-related pollution such as air 
pollution and greenhouse gas emissions.
     Increase safety of lower-carbon travel modes such as 
public transit, micromobility and active transportation (e.g., people 
biking and walking).
     Improve multimodal transportation systems that incorporate 
affordable transportation options such as public transit, 
micromobility, and active transportation such as walking and biking to 
transit stops and stations.
     Reduce the lifecycle greenhouse gas emissions from the 
project materials such as the use of lower-carbon pavement and 
construction materials.
     Support fiscally responsible land use and transportation 
efficient design that reduces greenhouse gas emissions through land use 
and zoning reform, rural main street revitalization, growth management, 
and equitable transit-oriented development.
     Includes evidence-based climate resilience measures or 
features such as enhanced storm water management practices, upgrading 
infrastructure using the Federal Flood Risk Management Standard, and 
nature-based solutions that improve the built and/or natural 
environment.

[[Page 22105]]

Economic Competitiveness
     Lead to increased economic or business activity due to 
enhanced safety features for all road users.
     Increase mobility and expand connectivity for all road 
users to critical community services such as education and healthcare, 
jobs, and business opportunities, especially for people in underserved 
communities.
     Address the unique challenges rural and Tribal communities 
face related to mobility and economic development, including isolation 
and transportation cost burden.
Workforce
     For skilled construction labor needed on the project, 
incorporate strong labor standards (e.g., wages and benefits at or 
above prevailing; use of project labor agreements, registered 
apprenticeship programs).
     For non-construction work on the project, commit to 
supporting training opportunities as part of the project, including 
pre-apprenticeship or apprenticeship readiness programs and youth 
service, with a description of how training and job opportunities on 
the project will lead into registered apprenticeship or good-paying 
jobs.
     Track and publish aggregate workforce data, including 
information on demonstrating that employment opportunities are 
available to historically underserved workers in the community.
     Include Local inclusive economic development and 
entrepreneurship such as utilization of Disadvantaged Business 
Enterprises, Minority-owned Businesses, Women-owned businesses, or 8(a) 
firms.
Selection Criterion #5: Supplemental Planning and Demonstration 
Activities
    Implementation Grant applicants should only respond to this 
selection criterion if supplemental planning and/or demonstration 
activities are included in the application. DOT will assess whether the 
applicant has described the scope of supplemental planning or 
demonstration work to be performed; the roadway safety issues that 
necessitate further Action Plan development, including supplemental 
planning, and/or demonstration activities, as applicable; and how the 
funded activities will inform an Action Plan and support the 
identification of projects and strategies that will:
     Lead to a significant reduction or elimination of roadway 
fatalities and serious injuries involving various road users;
     Employ low-cost, high-impact strategies that can improve 
safety over a wider geographical area;
     Involve engaging with a variety of public and private 
stakeholders;
     Adopt innovative technologies to promote safety and 
equity; and
     Be evidence-based or build evidence around what works.
    Applicants applying to carry out demonstration activities will also 
be assessed as to whether their approach to measuring the potential 
benefits of the demonstration activities through data collection and 
evaluation are described, and the extent to which the activities will 
be set up (e.g., quick builds on the roadway, pilot project 
established) within 18 months of executing a grant agreement.
Consideration: Project Readiness
    Applications will be reviewed for Project Readiness, which will be 
a consideration for application selection. Project Readiness focuses on 
the extent to which the applicant will be able to substantially execute 
and complete the full scope of work in the Implementation Grant 
application within five (5) years of when the grant is executed. This 
includes information related to required design and construction 
standards, as well as environmental, permitting, and approval 
processes. DOT will evaluate the extent to which the application:
     Documents all applicable local, State, and Federal 
requirements.
     Includes information on activity schedule, required 
permits and approvals, the National Environmental Policy Act (NEPA) 
class of action and status, State Transportation Improvement Program 
(STIP) and Transportation Improvement Program (TIP) status (if 
applicable), public involvement, right-of-way acquisition plans, 
procurement schedules, multi-party agreements, utility relocation plans 
and risk and mitigation strategies, as appropriate.
     Is reasonably expected to begin any construction-related 
projects in a timely manner consistent with all applicable local, 
State, and Federal requirements.
Additional Considerations
    The Department may consider the following when SS4A Implementation 
Grant awards:
     The percentage of Implementation Grant funds that will be 
spent in, and provide safety benefits to, locations in Census tracts 
designated as underserved communities as defined by this NOFO.\28\
---------------------------------------------------------------------------

    \28\ See the definition of an underserved community, which 
includes Census tracts identified in the OMB CEJST and DOT ETCE 
tools.
---------------------------------------------------------------------------

     Whether the applicant is in a rural area.
     Whether the applicant is identified as a priority 
community within the federal Thriving Communities Network.\29\
---------------------------------------------------------------------------

    \29\ Thriving Community Networks include the Rural Partner 
Network, Energy Communities, or DOT Thriving Communities Initiative.
---------------------------------------------------------------------------

     Whether the applicant would enhance the geographic 
diversity of Implementation Grant award recipients.
     Federal funding requests under $10 million.
2. Review and Selection Process
    This section addresses the BIL requirement to describe the 
methodology for evaluation in the NOFO, including how applications will 
be rated according to selection criteria and considerations, and how 
those criteria and considerations will be used to assign an overall 
rating. The SS4A grant program review and selection process consists of 
eligibility reviews, merit criteria review, and Senior Review. The 
Secretary makes the final selections.
    Among well-rated applicants, the Secretary may prioritize 
applicants and jurisdictions that did not receive an SS4A grant in FY 
2022 over applicants that did receive an FY 2022 award. The Secretary 
may also prioritize applications that will use demonstration activities 
or supplemental planning as part of the development of, or update to, 
an Action Plan.
i. Planning and Demonstration Grant Review and Selection Process
(a) Overall Selection Process and Ratings
    The process for the application review is described below:
    Teams of Department and contractor support staff will review all 
applications to determine eligibility based on the eligibility 
information in Section C.
     Eligible Action Plan applications received by the deadline 
will be reviewed for their merit based on the selection criteria in 
Section E.1.i.
     If multiple applications are received from the same 
applicant, the last one submitted will be reviewed.
     Applications are rated numerically based on Merit Criteria 
#1 Safety Impact and #2 Equity Criteria.
     The #3 Additional Safety Context criterion narrative will 
be reviewed and assessed, and then receive a rating of

[[Page 22106]]

``High,'' ``Medium,'' ``Low,'' or ``Not Qualified.'' Applications that 
do not address the #3 Additional Safety Context are deemed ``not 
qualified'' and will not be considered for award.
     The Teams will note which of the three Planning and 
Demonstration Grant activities--develop a new Action Plan, conduct 
supplemental planning to update an existing plan, and carry out 
demonstration activities to inform the development or update of an 
Action Plan--are requested in an application.
     In order to ensure that final selections will meet the 
statutory requirement that no more than 15 percent of program funds may 
be awarded to eligible applicants in one State, applications will have 
their State location denoted. Awards to Federally recognized Tribal 
governments are not counted towards this 15 percent maximum.
     The Teams will examine the locations of the applicants to 
identify if an applicant is requesting funds in a geographic area that 
received an Action Plan Grant in FY 2022, as well as any potential 
overlap in geographic boundaries in funding requests for FY 2023. DOT 
will assess the extent to which the application is duplicative of 
existing or proposed activities and reserves the right to request 
applicants with duplicative funding requests to consolidate their 
efforts as one multijurisdictional group prior to receiving an award. 
DOT may decline to fund duplicative applications irrespective of their 
individual merits.
(b) Additional Safety Context Criterion Rating Methodology
    For the #3 Additional Safety Context, the Department will assess 
the narrative's alignment to the selection criterion, and will 
determine a rating of ``high,'' ``medium,'' ``low,'' or ``non-
responsive.''

----------------------------------------------------------------------------------------------------------------
                 High                           Medium                    Low                 Non-responsive
----------------------------------------------------------------------------------------------------------------
                                                  Rating Scale
----------------------------------------------------------------------------------------------------------------
The application is very responsive to  The application is       The application is       The narrative indicates
 the criteria and is expected to        responsive to the        minimally responsive     the proposal is
 advance safety planning. The           criteria and is          to the criteria. The     counter to the
 narrative has clear descriptions of    performing safety        proposed approach is     criteria, does not
 the work scope and the roadway         planning activities.     weakly tied to an        contain sufficient
 safety problem to be addressed. The    The narrative has        Action Plan.             information, or is not
 proposed approach will strongly        descriptions of the     For demonstration         connected to an Action
 inform an Action Plan.                 work scope and the       activities only: It is   Plan.
For demonstration activities only:      roadway safety problem   unclear if the          For demonstration
 The activities are likely to be put    to be addressed. The     activities will be put   activities only: No
 in place within 18 months. The         proposed approach will   in place within 18       timeline schedule is
 narrative clearly describes how the    inform an Action Plan.   months. The narrative    provided. Detail on
 activities will be measured and       For demonstration         provides minimal         how the activities
 evaluated.                             activities only: The     detail on how the        will be measured and
                                        activities have a        activities will be       evaluated are not
                                        possibility of being     measured and evaluated.  included.
                                        put in place within 18
                                        months. The narrative
                                        describes how the
                                        activities will be
                                        measured and evaluated.
----------------------------------------------------------------------------------------------------------------

ii. Implementation Grant Review and Selection Process
(a) Overall Selection Process and Ratings
    Teams of Department and contractor support staff review all 
applications to determine whether they are eligible applicants based on 
the eligibility information in Section C. If multiple applications are 
received from the same applicant, the last one submitted will be 
reviewed. All eligible Implementation Grant applications received by 
the deadline will be reviewed and receive ratings for each of these 
criteria: #1 Safety Impact; #2 Equity, Engagement, and Collaboration; 
#3 Effective Practices and Strategies; #4 Other DOT Strategic Goals. 
Based on the criteria ratings, the Department will assign an overall 
application rating of ``Highly Recommended,'' ``Recommended,'' 
``Acceptable,'' or ``Not Recommended'' as a result of evaluation team 
consensus discussion. The selection criteria are considered in numeric 
order of most to least important (e.g., criterion #1 Safety Impact will 
be considered most heavily, followed by #2 Equity, Engagement, and 
Collaboration as the second most important, etc.).
    Implementation Grant applications that include supplemental 
planning or demonstration activities will also be reviewed for 
criterion #5 Additional Safety Context and quantitative Key Information 
Table information on fatality counts, fatality rate per 100,000 
persons, and percentage of population in underserved communities, but 
it will not affect the overall Implementation Grant rating. Instead, 
DOT will use the information to determine whether the supplemental 
planning and/or demonstration activities should be funded as part of 
the overall project. DOT is more likely to fund, as part of an overall 
implementation project, supplemental planning and demonstration 
activities that rate well on criterion #5. Alternatively, DOT may award 
an Implementation Grant but exclude proposed supplemental planning or 
demonstration activities from the scope of the award if those 
activities were not rated well under criterion #5.
(b) Safety Impact Criterion Rating Methodology
    For the #1 Safety Impact criterion, the Department will assess 
three subcomponents, and for each determine a rating of ``high,'' 
``medium,'' and ``low,'' or ``non-responsive.'' The three subcomponents 
are: the description of the safety problem; the safety impact 
assessment; and the implementation costs.
    The sub-ratings will use the guidelines below:

[[Page 22107]]



----------------------------------------------------------------------------------------------------------------
                 High                           Medium                    Low                 Non-responsive
----------------------------------------------------------------------------------------------------------------
                                        Description of the Safety Problem
----------------------------------------------------------------------------------------------------------------
The narrative and supporting           The narrative and        The narrative and        The narrative and
 information demonstrate the proposal   supporting information   supporting information   supporting information
 is addressing a substantial safety     demonstrate the          demonstrate the          do not address a
 problem. The narrative is well-        proposal is addressing   proposal is addressing   safety problem.
 articulated and is strongly            an existing safety       a safety problem more
 supported by data and analysis. The    problem. Narrative       minor in scope. The
 narrative links the specific safety    articulates the          narrative is not well-
 problem to relevant historical data    description, is          articulated, and the
 at intervention locations and          generally supported by   supporting data and
 describes whether the locations are    data and analysis. The   analysis are limited.
 on their High-Injury Network or        narrative links the      The narrative provides
 equivalent.                            specific safety          an overall connection
                                        problem to relevant      between the safety
                                        historical data and      problem and the
                                        refers to the High-      jurisdiction's
                                        Injury Network or        historical data.
                                        equivalent.
----------------------------------------------------------------------------------------------------------------
                                                  Safety Impact
----------------------------------------------------------------------------------------------------------------
The projects and strategies have       The projects and         The projects and         The projects and
 comprehensively addressed the safety   strategies address the   strategies address the   strategies do not
 problem. The projects and strategies   safety problem. Most     safety problem to a      address the safety
 proposed are highly effective, based   of the projects and      limited degree. Some     problem.
 on evidence, use a systemic            strategies proposed      or none of the
 approach, are mostly on a High-        are effective            projects and
 Injury Network, and have benefits      measures, based on       strategies proposed
 that persist over time.                evidence, use a          are effective
                                        systemic approach, are   measures, based on
                                        at least partially on    evidence, use a
                                        a High-Injury Network,   systemic approach, or
                                        and have benefits that   have benefits that
                                        persist over time.       persist over time.
----------------------------------------------------------------------------------------------------------------
                                              Implementation Costs
----------------------------------------------------------------------------------------------------------------
The costs for the implementation of    The costs for the        The costs for the        Cost information and/or
 the projects and strategies are        implementation of the    implementation of the    fatality and serious
 clearly articulated, well-             projects and             projects and             injury information at
 summarized, and reasonable. The        strategies are           strategies are not       the location level are
 projects and strategies address        summarized and appear    well-articulated or      not provided.
 locations that have many historical    to be reasonable. The    missing key details,
 fatalities and serious injuries, and   projects and             and it is uncertain
 are expected to prevent a              strategies address       whether the costs are
 significant number of fatalities and   locations that have      reasonable. The
 serious injuries per funds requested.  some historical          projects and
                                        fatalities and serious   strategies address
                                        injuries, and are        locations that have
                                        expected to prevent      very few to no
                                        some fatalities and      historical fatalities
                                        serious injuries per     and serious injuries
                                        funds requested.         and may have minimal
                                                                 impact.
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
                 High                           Medium                    Low                 Non-responsive
----------------------------------------------------------------------------------------------------------------
                                                  Rating Scale
----------------------------------------------------------------------------------------------------------------
The application is substantively       The application is       The application is       The narrative indicates
 responsive to the criteria, with       moderately responsive    minimally responsive     the proposal is
 clear, direct, and logical             to the criteria, with    to the criteria and is   counter to the
 narrative. Compelling, specific        mostly clear, direct,    somewhat addressed in    criteria or does not
 details, as well as quantified or      and logical narrative.   the narrative. General   contain sufficient
 illustrative examples, are provided.   Some details and         information is           information.
                                        examples are provided.   provided.
----------------------------------------------------------------------------------------------------------------

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

[[Page 22108]]



------------------------------------------------------------------------
                 Likely                              Unlikely
------------------------------------------------------------------------
                              Rating Scale
------------------------------------------------------------------------
Based on the information provided in     Based on the information
 the application and the proposed scope   provided in the application
 of the projects and strategies, it is    and the proposed scope of the
 likely the applicant can complete all    projects and strategies, it is
 projects and strategies within a five-   uncertain whether the
 year time horizon. Application           applicant can complete all
 provides information on NEPA status,     projects and strategies within
 utility relocation, and right-of-way     a five-year time horizon.
 acquisition.                             Application is missing
                                          information on NEPA status,
                                          and whether utility relocation
                                          and/or right-of-way
                                          acquisition is required.
------------------------------------------------------------------------

    Implementation Grant applications that include supplemental 
planning and/or demonstration activities will be assessed on the extent 
to which the narrative aligns with the selection criterion #5 
Additional Safety Context and will be evaluated to determine a rating 
of ``high,'' ``medium,'' ``low,'' or ``non-responsive.''

----------------------------------------------------------------------------------------------------------------
                 High                           Medium                    Low                 Non-responsive
----------------------------------------------------------------------------------------------------------------
                                                  Rating Scale
----------------------------------------------------------------------------------------------------------------
The application is very responsive to  The application is       The application is       The narrative indicates
 the criteria and is expected to        responsive to the        minimally responsive     the proposal is
 advance safety planning. The           criteria and is          to the criteria. The     counter to the
 narrative has clear descriptions of    performing safety        proposed approach is     criteria, does not
 the work scope and the roadway         planning activities.     weakly tied to an        contain sufficient
 safety problem to be addressed. The    The narrative has        Action Plan.             information, or is not
 proposed approach will strongly        descriptions of the     For demonstration         connected to an Action
 inform an Action Plan.                 work scope and the       activities only: It is   Plan.
For demonstration activities only:      roadway safety problem   unclear if the          For demonstration
 The activities are likely to be put    to be addressed. The     activities will be put   activities only: The
 in place within 18 months. The         proposed approach will   in place within 18       narrative provides no
 narrative clearly describes how the    inform an Action Plan.   months. The narrative    timeline schedule or
 activities will be measured and       For demonstration         provides minimal         detail on how the
 evaluated.                             activities only: The     detail on how the        activities will be
                                        activities have a        activities will be       measured and
                                        possibility of being     measured and evaluated.  evaluated.
                                        put in place within 18
                                        months. The narrative
                                        describes how the
                                        activities will be
                                        measured and evaluated.
----------------------------------------------------------------------------------------------------------------

iii. Senior Review Team Phase
(a) Planning and Demonstration Grant Senior Review Team Phase
    For the Planning and Demonstration Grants, the Secretary will 
review the three quantitative criteria ratings as well as the rating 
from the Additional Safety Context and select projects that are most 
advantageous to the U.S. Government's interest. The Secretary will 
consult with a Senior Review Team (SRT) to make the determinations.
(b) Implementation Grant Senior Review Team Phase
    Once every Implementation Grant application has been assigned an 
overall rating based on the methodology above, all ``Highly 
Recommended'' applications will be included in a list of Applications 
for Consideration. The SRT will also review all ``Highly Recommended'' 
applications that received an ``Unlikely'' project readiness rating, 
and either remove those applicants from the Applications for 
Consideration or recommend a reduced scope to remove components that 
reduced the project's readiness, so that if awarded the applicant would 
be likely to complete the scope of work within five years of the grant 
agreement execution. The Secretary will consider the applications with 
a reduced scope due to the Unlikely project readiness in the same way 
as applications with a ``Likely'' rating.
    Additionally, to ensure the funding awards align to the extent 
practicable to the program goal of equitable investment in the safety 
needs of underserved communities, the SRT may review ``Recommended'' 
applications and set a threshold based on the percentage of funds that 
will be spent in, and provide safety benefits to, locations within 
underserved communities. Any ``Recommended'' applications at or above 
that threshold will be included in the proposed list of Applications 
for Consideration.
    For applications that would not otherwise be included on the list 
of Applications for Consideration, the SRT may include applications 
with supplemental planning and demonstration activity funding that 
received a ``High'' rating for selection criterion #5 Additional Safety 
Context. The SRT may recommend the Secretary to fund a reduced scope of 
only the supplemental planning and demonstration activities for these 
applications.
    For each grant type, the SRT will present the list of Applications 
for Consideration to the Secretary, either collectively or through a 
representative of the SRT. The SRT may advise the Secretary on any 
application on the list of Applications for Consideration, including 
options for reduced awards; the Secretary makes final selections. If an 
Implementation Grant application includes supplemental planning and 
demonstration activities, DOT may award just those activities as a 
standalone Planning and Demonstration Grant based on the rating 
received in selection criterion #5 Additional Safety Context. The 
Secretary's final selections identify the applications that best 
address program requirements and are most worthy of funding.

3. Additional Information

    Prior to entering into a grant agreement, each selected applicant 
will be subject to a risk assessment as required by 2 CFR 200.206. The 
Department must review and consider any information about the applicant 
that is in the designated integrity and performance system accessible 
through SAM (currently the Federal Awardee Performance and Integrity 
Information System [FAPIIS]). An applicant may review information in 
FAPIIS and comment on any information about itself that a Federal 
awarding agency previously entered. The Department will consider 
comments by the

[[Page 22109]]

applicant, in addition to the other information in FAPIIS, in making a 
judgment about the applicant's integrity, business ethics, and record 
of performance under Federal awards when completing the review of risk 
posed by applicants.
    Because award recipients under this program may be first-time 
recipients of Federal funding, DOT is committed to implementing the 
program as flexibly as permitted by statute and to provide assistance 
to help award recipients through the process of securing a grant 
agreement and delivering both Planning and Demonstration Grant 
activities and Implementation Grant projects and strategies. Award 
recipients are encouraged to identify any needs for assistance in 
delivering the Implementation Grant projects and strategies so that DOT 
can provide directly, or through a third party, sufficient support and 
technical assistance to mitigate potential execution risks.

4. Anticipated Announcement and Federal Award Dates

    The Department anticipates making two rounds of awards for this 
NOFO: one earlier round of awards only focused on applications 
requesting Planning and Demonstration Grants, and a later round of 
awards that will encompass Implementation Grants as well as Planning 
and Demonstration Grant applicants who did not receive funding in the 
earlier round. The earlier round is anticipated to be in October 2023, 
and the later round is anticipated to be in December 2023.

C. Federal Award Administration Information

1. Federal Award Notices

    Following the evaluation outlined in Section E, the Secretary will 
announce awarded applications by posting a list of selected recipients. 
The posting of the list of selected award recipients will not 
constitute an authorization to begin performance. Following the 
announcement, the Department will contact the point of contact listed 
in the SF-424 to initiate negotiation of a grant agreement unless the 
applicant notifies DOT of a changed contact via [email protected] after July 
10.

2. Administrative and National Policy Requirements

i. Climate Change and Environmental Justice
    Each applicant selected for SS4A grant funding must demonstrate 
effort to consider climate change and environmental justice impacts as 
described in Section A. Projects that have not sufficiently considered 
climate change and environmental justice in their planning, as 
determined by the Department, will be required to do so before 
receiving funds, consistent with Executive Order 14008, Tackling the 
Climate Crisis at Home and Abroad (86 FR 7619).
ii. Equity and Barriers to Opportunity
    Each applicant selected for SS4A grant funding must demonstrate 
effort to improve equity and reduce barriers to opportunity as 
described in Section A. Projects that have not sufficiently considered 
equity and barriers to opportunity in their planning, as determined by 
the Department, will be required to do so before receiving funds, 
consistent with Executive Order 13985, Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government (86 
FR 7009).
iii. Civil Rights and Title VI
    As a condition of a grant award, grant recipients should 
demonstrate that the recipient has a plan for compliance with civil 
rights obligations and nondiscrimination laws, including Title VI of 
the Civil Rights Act of 1964 and implementing regulations (49 CFR 21), 
the Americans with Disabilities Act of 1990 (ADA), and Section 504 of 
the Rehabilitation Act, all other civil rights requirements, and 
accompanying regulations. This should include a current Title VI plan, 
completed Community Participation Plan, and a plan to address any 
legacy infrastructure or facilities that are not compliant with ADA 
standards. DOT's and the applicable Operating Administrations' Office 
of Civil Rights may work with awarded grant recipients to ensure full 
compliance with Federal civil rights requirements.
iv. National Environmental Policy Act of 1969 (NEPA)
    Funding recipients must comply with NEPA under 42 U.S.C. 4321 et 
seq. and the Council on Environmental Quality's NEPA implementing 
regulations at 40 CFR 1500-1508, where applicable.
v. Domestic Preference Requirements
    As expressed in Executive Order 14005, Ensuring the Future Is Made 
in All of America by All of America's Workers (86 FR 7475), it is the 
policy of the executive branch to maximize, consistent with law, the 
use of goods, products, and materials produced in, and services offered 
in, the United States. Infrastructure projects and demonstration 
activities are subject to the Build America, Buy America Act (Pub. L. 
117-58, div. G sections 70901-70927) as clarified in OMB Memorandum M-
22-11.\30\ The Department expects all recipients to comply with this 
requirement. Projects under this notice will be subject to the domestic 
preference requirements at section 70914 of the Build America, Buy 
America Act.
---------------------------------------------------------------------------

    \30\ Public Law 117-58, division. G, title IX, subtitle A, 135 
Stat. 429, 1298 (2021). For additional information on section 70914, 
see OMB-22-11. https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf.
---------------------------------------------------------------------------

vi. Labor and Workforce
    Each applicant selected for SS4A grant funding must demonstrate, to 
the full extent possible consistent with the law, an effort to create 
good-paying jobs with the free and fair choice to join a union and 
incorporation of high labor standards. To the extent that applicants 
have not sufficiently considered job quality and labor rights in their 
planning, as determined by the Department of Labor, the applicants will 
be required to do so before receiving funds, consistent with Executive 
Order 14025, Worker Organizing and Empowerment (86 FR 22829), and 
Executive Order 14052, Implementation of the Infrastructure Investment 
and Jobs Act (86 FR 64335).
vii. Federal Contract Compliance
    As a condition of grant award and consistent with E.O. 11246, Equal 
Employment Opportunity (30 FR 12319, and as amended), all Federally 
assisted contractors are required to make good faith efforts to meet 
the goals of 6.9 percent of construction project hours being performed 
by women, in addition to goals that vary based on geography for 
construction work hours and for work being performed by people of 
color. Under Section 503 of the Rehabilitation Act and its implementing 
regulations, affirmative action obligations for certain contractors 
include an aspirational employment goal of 7 percent workers with 
disabilities.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega 
Construction Project Program through which it engages with project 
sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. OFCCP will 
identify projects that receive an award under this notice and are 
required to

[[Page 22110]]

participate in OFCCP's Mega Construction Project Program from a wide 
range of Federally-assisted projects over which OFCCP has jurisdiction 
and that have a project cost above $35 million. DOT will require 
project sponsors with costs above $35 million that receive awards under 
this funding opportunity to partner with OFCCP, if selected by OFCCP, 
as a condition of their DOT award.
viii. Critical Infrastructure Security and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against both physical and 
cyber threats. Each applicant selected for SS4A grant funding must 
demonstrate, prior to the signing of the grant agreement, effort to 
consider and address physical and cyber security risks relevant to the 
transportation mode and type and scale of the activities. Award 
recipients that have not appropriately considered and addressed 
physical and cyber security and resilience in their planning, design, 
and oversight, as determined by the Department and the Department of 
Homeland Security, will be required to do so before receiving 
Implementation Grant funds for construction, consistent with 
Presidential Policy Directive 21, Critical Infrastructure Security and 
Resilience and the National Security Presidential Memorandum on 
Improving Cybersecurity for Critical Infrastructure Control Systems. 
Additionally, funding recipients must be in compliance with 2 CFR 
200.216 and the prohibition on certain telecommunications and video 
surveillance services or equipment.
ix. Other Administrative and Policy Requirements
    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards found in 2 CFR 200 as adopted by the Department at 2 CFR 
1201. Additionally, as permitted under the requirements described 
above, applicable Federal laws, rules, and regulations of the relevant 
operating administration (e.g., the Federal Highway Administration, 
etc.) administering the activities will apply to the activities that 
receive SS4A grants, including planning requirements, Stakeholder 
Agreements, and other requirements under the Department's other highway 
and transit grant programs. DOT anticipates grant recipients to have 
varying levels of experience administering Federal funding agreements 
and complying with Federal requirements, and DOT will take a risk-based 
approach to SS4A program grant agreement administration to ensure 
compliance with all applicable laws and regulations.
    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, recipients of funds 
must comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; the 
conditions of performance, nondiscrimination requirements, and other 
assurances made applicable to the award of funds in accordance with 
regulations of the Department of Transportation; and applicable Federal 
financial assistance and contracting principles promulgated by the 
Office of Management and Budget. In complying with these requirements, 
recipients, in particular, must ensure that no concession agreements 
are denied, or other contracting decisions made on the basis of speech 
or other activities protected by the First Amendment. If the Department 
determines that a recipient has failed to comply with applicable 
Federal requirements, the Department may terminate the award of funds 
and disallow previously incurred costs, requiring the recipient to 
reimburse any expended award funds.

3. Reporting

i. Progress Reporting on Grant Activity
    Reporting responsibilities include quarterly program performance 
reports using the Performance Progress Report (SF-PPR) and quarterly 
financial status using the SF-425 (also known as the Federal Financial 
Report or SF-FFR).\31\
---------------------------------------------------------------------------

    \31\ https://www.grants.gov/forms/post-award-reporting-forms.html.
---------------------------------------------------------------------------

    Budget and recipient performance information will be gathered on a 
quarterly basis in a Performance Progress Report (SF-PPR). To fulfill 
the data collection requirements and in accordance with the USDOT 
Public Access Plan, award recipients must consider, budget for, and 
implement appropriate data management, for data and information outputs 
acquired or generated during the course of the grant.32 33 
Federally recognized Tribal governments receiving grants may request 
alternative data collection requirements during grant agreement 
formulation, as appropriate. Applicants are expected to account for 
data and performance reporting in their budget submission.
---------------------------------------------------------------------------

    \32\ https://doi.org/10.21949/1520559.
    \33\ United States. Department of Transportation. (2022) DOT 
Public Access [Home page]. https://doi.org/10.21949/1503647.
---------------------------------------------------------------------------

ii. Post Award Reporting Requirements/Reporting of Matters Related to 
Integrity and Performance
    All award recipients shall submit a report by the end of the period 
of performance that describes:
     The costs of each eligible project and strategy carried 
out using the grant;
     The roadway safety outcomes and any additional benefits 
(e.g., increased walking, biking, or transit use without a commensurate 
increase in serious and fatal crashes, etc.) that each such project and 
strategy has generated, as--
    [cir] Identified in the grant application; and
    [cir] Measured by data, to the maximum extent practicable;
     The percent of funds spent in, and providing benefits to, 
underserved communities; and
     The lessons learned and any recommendations relating to 
future projects or strategies to prevent death and serious injury on 
roads and streets.
    Implementation Grant recipients must also provide: geo-coordinate 
information identifying specific project location(s); crash data on 
serious injury and fatalities in the locations where projects and 
strategies are implemented on an annual basis and at the end of the 
period of performance, which are expected to include crash 
characteristics and contributing factor information associated with the 
safety problems being addressed; and quantitative and qualitative 
project benefits documented in a final report.
    Award recipients carrying out demonstration activities must also 
measure potential benefits through data collection and evaluative 
activities and report to the Department how the demonstration 
activities informed an Action Plan's list of projects and strategies 
and future implementation.
    If the total value of a selected applicant's currently active 
grants, cooperative agreements, and procurement contracts from all 
Federal awarding agencies exceeds $10,000,000 for any period of time 
during the period of performance of this Federal award, then the 
applicant during that period of time must maintain the currency of 
information reported in SAM that is made available in the designated 
integrity and performance system (currently the Federal Awardee 
Performance and Integrity Information System (FAPIIS)) about civil, 
criminal, or administrative proceedings described in paragraph 2 of 
this award term and condition. This is a statutory requirement under 
section 872 of Public

[[Page 22111]]

Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 
of Public Law 111-212, all information posted in the designated 
integrity and performance system on or after April 15, 2011, except 
past performance reviews required for Federal procurement contracts, 
will be publicly available. Additionally, if applicable funding 
recipients must be in compliance with the audit requirements in 2 CFR 
200, subpart F.
iii. Program Evaluation
    As a condition of grant award, SS4A grant recipients may be 
required to participate in an evaluation undertaken by DOT, or another 
agency or partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grant 
recipients, or a benefit/cost analysis or assessment of return on 
investment. The Department may require applicants to collect data 
elements to aid the evaluation and/or use information available through 
other reporting. As a part of the evaluation, as a condition of award, 
grant recipients must agree to: (1) make records available to the 
evaluation contractor; (2) provide access to program records, and any 
other relevant documents to calculate costs and benefits; (3) in the 
case of an impact analysis, facilitate the access to relevant 
information as requested; and (4) follow evaluation procedures as 
specified by the evaluation contractor or DOT staff.
    Recipients and sub-recipients are also encouraged to incorporate 
program evaluation including associated data collection activities from 
the outset of their program design and implementation to meaningfully 
document and measure the effectiveness of their projects and 
strategies. Title I of the Foundations for Evidence-Based Policymaking 
Act of 2018 (Evidence Act), Public Law 115-435 (2019) urges Federal 
awarding agencies and Federal assistance recipients and sub-recipients 
to use program evaluation as a critical tool to learn, to improve 
equitable delivery, and to elevate program service and delivery across 
the program lifecycle. Evaluation means ``an assessment using 
systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency'' (codified at 5 U.S.C. 311). For grant recipients, 
evaluation expenses are allowable costs (either as direct or indirect), 
unless prohibited by statute or regulation, and such expenses may 
include the personnel and equipment needed for data infrastructure and 
expertise in data analysis, performance, and evaluation (2 CFR 200).

D. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
Office of the Secretary via email at [email protected]. In addition, up to 
the application deadline, the Department will post answers to common 
questions and requests for clarifications on the Department's website 
at https://www.transportation.gov/grants/SS4A. To ensure applicants 
receive accurate information about eligibility or the program, the 
applicant is encouraged to contact the Department directly, rather than 
through intermediaries or third parties, with questions. Department 
staff may also conduct briefings on the SS4A grant selection and award 
process upon request.

E. Other Information

1. Publication of Application Information

    Following the completion of the selection process and announcement 
of awards, the Department intends to publish a list of all applications 
received along with the names of the applicant organizations and a few 
relevant data fields from the application. This includes unsuccessful 
applicants. The Department may share application information within the 
Department or with other Federal agencies if the Department determines 
that sharing is relevant to the respective program's objectives.

2. Department Feedback on Applications

    The Department will not review applications in advance, but 
Department staff are available for technical questions and assistance. 
DOT expects to hold ``virtual-office hours'' to further describe how to 
submit a complete application; for more information visit https://www.transportation.gov/grants/SS4A. The deadline to submit technical 
questions is June 16, 2023. The Department strives to provide as much 
information as possible to assist applicants with the application 
process. Unsuccessful applicants may request a debrief up to 30 days 
after the selected funding recipients are publicly announced on https://www.transportation.gov/grants/SS4A. Program staff will address 
questions to [email protected] throughout the application period.

3. Grant Application Resources

    The Department will provide resources to help interested applicants 
understand the different DOT discretionary grant programs through 
webinars, frequently asked questions, and other materials provided such 
as the SS4A program website https://www.transportation.gov/grants/SS4A. 
Additional grant applications resources for this and other Departmental 
grant programs can be found on the DOT Navigator at 
www.transportation.gov/dot-navigator. User-friendly information and 
resources regarding DOT's discretionary grant programs relevant to 
rural applicants can be found on the Rural Opportunities to Use 
Transportation for Economic Success (ROUTES) website at 
www.transportation.gov/rural.

[FR Doc. 2023-07716 Filed 4-11-23; 8:45 am]
BILLING CODE 4910-9X-P


