[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 48064-48067]
[FR Doc No: 2022-16860]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2022-0082]

Request for Information; Thriving Communities Initiative

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Request for information.

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SUMMARY: The Bipartisan Infrastructure Law (BIL) enacted as the
Infrastructure Investment and Jobs Act (IIJA) created several new
programs at the US Department of Transportation (DOT) that allow local
governments, non-profit organizations, tribal governments, and other
political subdivisions of state or local governments to apply directly
for DOT discretionary grant funding. In response to President Biden's
Executive Orders, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government,'' and

``Tackling the Climate Crisis at Home and Abroad,'' DOT has included
criteria in its notices of funding opportunity to prioritize the needs
of disadvantaged communities for many of these new programs. Through
this Request for Information (RFI) for the newly created Thriving
Communities Initiative, DOT is looking to gain information on the
technical assistance, planning, and capacity building needs faced by
disadvantaged communities that are seeking to advance local
transportation projects within the existing Federal, state, and
regional transportation planning and project delivery methods including
to access innovative finance programs offered through DOT.

DATES: Comments are requested by August 26, 2022.

ADDRESSES: Comments should refer to the docket number above and be
submitted by one of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.
ET, Monday through Friday, except Federal Holidays.
    Instructions: For detailed instructions on submitting comments, see
the Public Participation heading of the SUPPLEMENTARY INFORMATION
section of this document. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
    Privacy Act: Except as provided below, all comments received into
the docket will be made public in their entirety. The comments will be
searchable by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You should not include information in
your comment that you do not want to be made public. You may review
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78), or at https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or
comments received, visit https://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: For policy issues, please email
[email protected] or contact Victor Austin at<PHONE_NUMBER>.
Office hours are from 8 a.m. to 5 p.m. EDT, Monday through Friday,
except for Federal holidays.

SUPPLEMENTARY INFORMATION: For this notice, DOT defines technical
assistance to include programs, processes, and resources that provide
targeted support, knowledge, or expertise to a community, region,
organization, or other beneficiary to help access and successfully
deploy funding and build local capacity to develop, design, and deliver
transportation plans and projects. DOT is interested in learning more
about best practices in technical assistance delivery approaches from
non-Federal providers and Federal agencies which disadvantaged
communities feel have been successful in meeting their needs. DOT is
also interested in the technical assistance challenges disadvantaged
communities face or anticipate facing when seeking to access DOT-led
technical assistance and capacity building opportunities.
    The information gained through this RFI will assist DOT to
implement the Thriving Communities Initiative and will inform technical
assistance programs being coordinated through the Build America Bureau
(Bureau) that advance capacity building for disadvantaged communities,
including rural and tribal governments. DOT is assessing its current
suite of technical assistance programs and seeks to identify emerging
technical assistance needs and best practices in the delivery
approaches offered by other Federal agencies and by non-Federal
technical assistance and capacity building providers.
    A Department goal in creating new technical assistance programs is
to structure capacity building approaches that facilitate cross-sector
coordination, build sustained capacity in local communities both within
government and by other implementation partners, and foster multi-
stakeholder engagement both in their delivery and outcomes. The RFI
responses will inform work by the Bureau to develop and coordinate
technical assistance programs that deliver improved results to
communities. This includes enabling communities to accelerate project
delivery, utilize innovative finance tools, and advance transportation
projects that benefit disadvantaged communities, support the overall
Thriving Communities Initiative, align with DOT's strategic priorities,
and help to implement the Equity Action Plan.\1\
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    \1\ U.S. Department of Transportation, ``FY2022-2026 Strategic
Plan,'' available at: https://www.transportation.gov/dot-strategic-plan. U.S. Department of Transportation, ``Equity Action Plan''
(January 2022), available at: https://www.transportation.gov/priorities/equity/actionplan.
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    Through this RFI, DOT requests information on the technical
assistance, planning, and capacity building needs faced by
disadvantaged communities seeking to advance transportation projects
within existing Federal, state, and regional transportation planning
and project delivery methods to inform the development of technical
assistance and capacity building funded through the Thriving
Communities Program (TCP), the Reconnecting Communities Pilot Program,
and the Bureau. The Department is also interested in the technical
assistance challenges disadvantaged communities face or anticipate
facing when seeking to access innovative financing tools and Federal
credit assistance programs, such as those provided through the
Transportation Infrastructure Finance and Innovation Act (TIFIA)
(https://www.transportation.gov/buildamerica/financing/tifia) or the
Railroad Rehabilitation and Improvement Financing (RRIF) (https://www.transportation.gov/buildamerica/financing/rrif).
    DOT is keenly interested in ways to leverage and synergize these
technical assistance programs to provide a coordinated and seamless
process for their delivery and for communities to access these
resources. Each of these programs, including TCP, has a place-based
focus and is designed to work across a range of DOT grant programs,
transportation modes, and in support of urban, suburban, rural, and
tribal communities.

Thriving Communities Initiative

    The Consolidated Appropriations Act, 2022, provided $25 million to
DOT to develop and implement technical assistance, planning, and
capacity building to improve and foster thriving communities through
transportation improvements through the Thriving Communities
Initiative. This includes a new Thriving Communities Program by which
DOT will utilize cooperative agreements with capacity building and
technical assistance providers to support communities seeking to
advance transformative, equitable, and climate-friendly infrastructure
projects that benefit disadvantaged communities. Eligible applicants to
provide this assistance include philanthropic

entities, non-profit organizations, other Federal agencies, state or
local governments and their agencies, Indian Tribes, or other technical
assistance providers. The purpose of this assistance is to facilitate
the planning and development of transportation and community
revitalization activities supported by DOT under titles 23, 46, and 49,
United States Code, that increase mobility, reduce pollution from
transportation sources, expand affordable transportation options,
facilitate efficient land use, preserve, or expand jobs, improve
housing conditions, enhance connections to health care, education, and
food security, or improve health outcomes. More information on the
Thriving Communities Program is available at https://www.transportation.gov/grants/thriving-communities.

Reconnecting Communities Pilot Program

    The Thriving Communities Initiative will also coordinate technical
assistance funded through DOT's new Reconnecting Communities Pilot
program. The Reconnecting Communities Pilot (RCP) program was created
in BIL (IIJA) to reconnect communities by removing, retrofitting, or
mitigating highways or other transportation facilities that create
barriers to community connectivity. The program provides technical
assistance and funding for planning and capital construction. The RCP
Program provides DOT up to $30 million, cumulatively for FY 2022-FY
2026, to provide technical assistance and capacity building support for
RCP applicants and grant recipients for transportation planning and
capital investment projects. Recipients of FY 2022 Planning Grants and
Capital Construction Grants will have access to RCP technical
assistance based on the availability of DOT resources. DOT will
prioritize technical assistance for recipients serving economically
disadvantaged communities. For prospective RCP applicants who are not
ready to apply for a Planning or Capital Construction Grant, DOT
intends to provide technical assistance through learning academies
starting in 2023. More information on the RCP program is available at:
https://www.transportation.gov/grants/reconnecting-communities.

Build America Bureau

    The TCP and RCP program technical assistance will be managed
through the Bureau, which is also implementing several other technical
assistance programs, some of which predate BIL. These include the
Regional Infrastructure Accelerators, the Build America Center, the
Rural and Tribal Assistance Pilot Program, and Asset Concession and
Innovative Finance Assistance Programs. Some Bureau programs allow for
direct grant agreements or procurements of technical assistance on
behalf of recipients and/or providers. All of these programs are
designed to improve transportation infrastructure financing and project
delivery, develop new initiatives to facilitate public and private
financing mechanisms, and analyze the cost-effectiveness of new and
alternative approaches. Information on the Build America Bureau is
available at: https://www.transportation.gov/buildamerica/.

RFI Definitions

    The definitions for technical assistance, capacity building,
planning, and disadvantaged communities are provided below and used for
the purposes of this RFI.
    Technical assistance: Programs, processes, and resources that
provide targeted support, knowledge or expertise to a community,
region, organization, or other beneficiary to help them access and
utilize Federal funding to develop, analyze, design, and deliver
transportation plans and projects.
    Capacity building: Activities designed to improve the ability of an
organization to design and implement the necessary technical,
financial, business, data analysis, and management skills of grantees
to access Federal funding, meet Federal requirements, undertake
statewide and metropolitan long-range planning and programming
activities, and implement other activities that broadly support project
development and delivery. This includes developing long-term community
capacity to sustain partnerships and engage non-governmental partners,
leadership and workforce development, and program evaluation.
    Planning: Efforts that support inclusive public participation and
community engagement in developing and implementing a range of
activities to identify, assess, and evaluate community needs, including
but not limited to environmental reviews, data and mapping
visualization, market and mobility studies, health and safety impacts,
and climate vulnerability assessments. Planning assistance may involve
developing or designing for a program or project that aligns with the
goals of the DOT Strategic Plan: https://www.transportation.gov/dot-strategic-plan.
    Disadvantaged Communities: Consistent with the Office of Management
and Budget's Interim Guidance for the Justice40 Initiative, DOT's
interim definition of Disadvantaged Communities includes (a) certain
qualifying census tracts, (b) any tribal land, or (c) any territory or
possession of the United States. DOT considers a census tract
disadvantaged if it falls in the top 50% (75% for resilience) in at
least four of the following categories--transportation access, health,
environmental, economic, resilience, and equity disadvantage. For more
information see https://www.transportation.gov/grants/dot-navigator/federal-tools-determine-disadvantaged-community-status.

Questions to the Public

    The IIJA provides communities with an unprecedented opportunity to
apply directly for Federal funding. Yet accessing these resources
requires local communities to have considerable technical knowledge not
only of the funding programs, but also of the larger transportation
planning context including compliance with the National Environmental
Policy Act and other Federal requirements, and the means to
successfully secure matching funds, leverage other funding and finance
resources and to meet the reporting and oversight obligations of
Federal grant funding. For many disadvantaged and underserved
communities, these requirements create substantial barriers.
    The Department seeks to gather information on technical assistance,
planning, and capacity building needs and challenges and identify
potential models and best practices to further improve programs being
coordinated by the Bureau through the Thriving Communities Initiative.
Through these coordinated efforts, DOT seeks to foster local
innovation, advance DOT's equity goals, and support cross-issue and
cross-sector collaboration.
    The following list of questions and topic areas are intended to
guide the Department in this effort. Please feel free to answer any or
all of the following questions.

Determining Technical Assistance and Capacity Building Needs

    1. What are the greatest barriers to disadvantaged communities in
pursuing Federal transportation funds and delivering transportation
projects, particularly for rural, tribal, and smaller jurisdictions
that technical assistance could help address? What information and
resources would help disadvantaged communities and local

organizations pursue Federal transportation funds?
    2. What types of technical assistance would be most useful or not
useful to organizations serving or located in disadvantaged communities
to work with local and state transportation agencies advance
transportation projects that improve mobility, safety, economic
development, equity outcomes and environmental issues? Are there
particular issues that current DOT technical assistance programs do a
good job of addressing?
    3. How can DOT better provide project sponsors with technical
assistance in support of competitive grants and credit program
opportunities including: innovative finance tools, credit worthiness
evaluation, benefit cost analyses, civil rights requirements, public
engagement, and risk assessments; and are there particular challenges
disadvantaged communities face in these areas that need to be
addressed?
    4. What other information should DOT consider as it creates new
technical assistance and capacity building programs through the Bureau,
particularly to support disadvantaged communities in identifying,
designing, developing, financing, and implementing projects that can be
supported through IIJA funding opportunities and programs?

Approaches and Methods To Delivering and Evaluating Technical
Assistance and Building Capacity

    5. What technical assistance delivery models (Federal or non-
Federal; direct grants or through service providers) have you found to
be the most beneficial to building sustained capacity in disadvantaged
communities, and to reducing the burden for disadvantaged communities
to access these resources? What resources, technical assistance, and
training have you found to be the most beneficial to building sustained
capacity in disadvantaged communities? Further, given that DOT has
provided technical assistance directly through its regional, field,
division, and headquarters staff; through third party contractors and
Centers; through grants directly to communities; and through a variety
of mediums,\2\ please provide feedback on which of these you have
found, or believe to be, the most effective models and why.
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    \2\ For reference, the DOT Navigator provides access to the
suite of existing DOT technical assistance resources; available at
https://www.transportation.gov/dot-navigator.
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    6. How could technical assistance programs be designed to support
the involvement and capacity building of disadvantaged business
enterprises (DBEs), local contractors, and community organizations who
may also be important partners?
    7. How can interagency coordination between Federal, state, and
regional offices enhance the delivery and impact of technical
assistance efforts?
    8. How should DOT evaluate the effectiveness of its place-based
technical assistance programs and what data should it collect to assess
its impact?

Public Participation

How do I prepare and submit comments?

    To ensure that your comments are filed correctly, please include
the docket number DOT-OST-2022-0082 in your comments. Respondents are
invited to provide information responding to any or all questions.
    Please submit one copy (two copies if submitting by mail or hand
delivery) of your comments, including any attachments, to the docket
following the instructions given above under ADDRESSES. Please note, if
you are submitting comments electronically as a PDF (Adobe) file, we
ask that the documents submitted be scanned using an Optical Character
Recognition (OCR) process, thus allowing the Agency to search and copy
certain portions of your submissions.

How do I submit confidential business information?

    Any submissions containing Confidential Information must be
delivered to DOT in the following manner:
     Submitted in a sealed envelope marked ``confidential
treatment requested.''
     Document(s) or information that the submitter would like
withheld from the public docket should be marked ``PROPIN.''
     Accompanied by an index listing the document(s) or
information that the submitter would like the Department to withhold.
The index should include information such as numbers used to identify
the relevant document(s) or information, document title and
description, and relevant page numbers and/or section numbers within a
document.
     Submitted with a statement explaining the submitter's
grounds for objecting to disclosing the information to the public.
    DOT will treat such marked submissions as confidential under the
FOIA and not include them in the public docket. If DOT receives a FOIA
request for the information that the applicant has marked in accordance
with this section, DOT will follow the procedures described in its FOIA
regulations at 49 CFR 7.29. DOT also requests that submitters of
Confidential Information include a non-confidential version (either
redacted or summarized) of those confidential submissions in the public
docket. If the submitter cannot provide a non-confidential version of
its submission, DOT requests that the submitter post a notice in the
docket stating that it has provided DOT with Confidential Information.
Should a submitter fail to docket either a non-confidential version of
its submission or to post a notice that Confidential Information has
been provided, we will note the receipt of the submission on the
docket, with the submitter's organization or name (to the degree
permitted by law) and the date of submission.

Will the Agency consider late comments?

    DOT will consider all comments received before the close of
business on the comment closing date indicated above under DATES. To
the extent practicable, the Agency will also consider comments received
after that date.

How can I read the comments submitted by other people?

    You may read the comments received at the address given above under
ADDRESSES. The hours of the docket are indicated above in the same
location. You may also see the comments on the internet, identified by
the docket number at the heading of this notice, at https://www.regulations.gov.
    Please note, this RFI is a planning document and will serve as
such. The RFI should not be construed as policy, a solicitation for
applications, or an obligation on the part of the government.

    Issued in Washington, DC, on August 2, 2022.
Christopher Coes,
Assistant Secretary for Transportation Policy, Department of
Transportation.
[FR Doc. 2022-16860 Filed 8-4-22; 8:45 am]
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