2022-07.06 Railroad Crossing Elimination FR NOFO.pdf

40335 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices

FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission.

To submit your comment online, go to www.regulations.gov and put the docket number (‘‘FMCSA–2022–0122’’) in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period.

II. Legal Basis FMCSA has authority under 49 U.S.C.

31136(e) and 31315(b) to grant exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must provide an opportunity for public comment on the request.

The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305).

The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption and the regulatory provision from which the exemption is granted. The notice must specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)).

III. Applicant’s Request As noted in the Summary above, the

State of Alaska has applied for an exemption from the Entry-Level Driver Training (ELDT) curriculum in 49 CFR part 380, Appendix A, Section A3.1, which requires Class A CDL applicants to demonstrate proficiency in proper techniques for initiating vehicle movement, executing left and right turns, changing lanes, navigating curves at speed, entry and exit on the interstate or controlled access highway, and stopping the vehicle in a controlled manner. A copy of the State of Alaska’s application for exemption is available for review in the docket for this notice.

IV. Request for Comments In accordance with 49 U.S.C.

31315(b), FMCSA requests public comment from all interested persons on the State of Alaska’s application for an exemption. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material.

Larry W. Minor, Associate Administrator for Policy.

[FR Doc. 2022–14446 Filed 7–1–22; 4:15 pm]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Railroad Crossing Elimination Program

AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT) ACTION: Notice of funding opportunity.

SUMMARY: This notice details the application requirements and procedures to obtain grant funding for eligible projects under the Railroad Crossing Elimination Program for Fiscal Year 2022. This notice solicits applications for the Railroad Crossing Elimination Program funds made available by the Infrastructure Investment and Jobs Act. The opportunity described in this notice is made available under Assistance Listings Number 20.327, ‘‘Railroad Crossing Elimination.’’ DATES: Applications for funding under this solicitation are due no later than 5:00 p.m. ET, October 4, 2022.

Applications that are incomplete or received after 5:00 p.m. ET, on October 4, 2022 will not be considered for funding. See Section D of this notice for additional information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only applicants who comply with all submission requirements described in this notice and submit applications through www.Grants.gov will be eligible for award. For any supporting application materials that an applicant is unable to submit via www.Grants.gov (such as oversized engineering drawings), an applicant may submit an original and two (2) copies to Mr.

Douglas Gascon, Office of Policy and Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38–212, Washington, DC 20590. However, due to delays caused by enhanced screening of mail delivered via the U.S. Postal Service, applicants are advised to use other means of conveyance (such as courier service) to assure timely receipt of materials before the application deadline.

FOR FURTHER INFORMATION CONTACT: For further information related to this notice, please contact Mr. Douglas Gascon, Office of Policy and Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38–212, Washington, DC 20590; email:

douglas.gascon@dot.gov; phone: 202– 493–0239.

SUPPLEMENTARY INFORMATION:

Notice to applicants: FRA recommends that applicants read this notice in its entirety prior to preparing application materials. Definitions of key terms used throughout the NOFO are provided in Section A(2) below. These key terms are capitalized throughout the NOFO. There are several administrative and specific eligibility requirements described herein with which applicants must comply. Additionally, applicants should note that the required Project Narrative component of the application package may not exceed 25 pages in length.

Table of Contents

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

Information G. Federal Awarding Agency Contacts H. Other Information

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1 DOT Strategic Framework FY 2022–2026 (Dec.

2021) at https://www.transportation.gov/ administrations/office-policy/fy2022-2026-strategic-framework.

2 Overburdened Community: Minority, low-income, tribal, or indigenous populations or geographic locations in the United States that potentially experience disproportionate environmental harms and risks. This disproportionality can be as a result of greater vulnerability to environmental hazards, lack of opportunity for public participation, or other factors. Increased vulnerability may be attributable to an accumulation of negative or lack of positive environmental, health, economic, or social conditions within these populations or places. The term describes situations where multiple factors, including both environmental and socio-economic stressors, may act cumulatively to affect health and the environment and contribute to persistent environmental health disparities.

A. Program Description

1. Overview Section 22305 of the Infrastructure

Investment and Jobs Act (IIJA) (Pub. L.

117–58, November 15, 2021), codified at 49 U.S.C. 22909, authorizes the Railroad Crossing Elimination Program (RCE Program). The purpose of the RCE Program is to fund highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. This NOFO is funded through the advanced appropriation in Division J of IIJA. The RCE Program provides a Federal funding opportunity to improve American rail infrastructure to enhance rail safety, improve the health and safety of communities, eliminate highway-rail and pathway-rail grade crossings that are frequently blocked by trains, and reduce the impacts that freight movement and railroad operations may have on underserved communities.

Discretionary grant awards, funded through the RCE Program, will support projects that improve safety, economic strength and global competitiveness, equity, and climate and sustainability, consistent with the U.S. Department of Transportation’s (DOT) strategic goals.1

FRA has a strong interest in promoting grade separations, closing crossings through track relocation, and corridor-wide grade crossing improvements that maximize the safety and efficiency of the U.S. rail network.

Highway-rail grade crossing accidents, together with accidents caused by trespassing along the railroad right-of-way, account for 94% of all rail-related deaths and injuries. The safest crossing is no crossing, and grade separating or otherwise eliminating crossings is the most direct way to prevent intrusions into the railroad right-of-way.

The RCE Program will be implemented, as appropriate and consistent with law, in alignment with the priorities in Executive Order 14052, Implementation of the Infrastructure Investments and Jobs Act (86 FR 64355), which are to invest efficiently and equitably, promote the competitiveness of the U.S. economy, improve job opportunities by focusing on high labor standards, strengthen infrastructure resilience to all hazards including climate change, and to effectively coordinate with State, local, Tribal, and territorial government partners.

In addition to improving safety, FRA seeks to fund projects under the RCE

Program that reduce greenhouse gas emissions and are designed with specific elements to address climate change impacts. Specifically, FRA is looking to award projects that align with the President’s greenhouse gas reduction goals, promote energy efficiency, support fiscally responsible land use and efficient transportation design, increase climate resilience, support domestic manufacturing, and reduce pollution.

FRA also seeks to fund projects that address environmental justice, particularly for communities that disproportionally experience climate change-related consequences.

Environmental justice, as defined by the Environmental Protection Agency, is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. As part of the implementation of Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619), FRA seeks to fund projects that, to the extent possible, target at least 40 percent of resources and benefits towards low-income communities, disadvantaged communities, communities underserved by affordable transportation, or overburdened 2 communities. For more information, please consult DOT’s disadvantaged communities mapping tool to determine if a proposed project impacts disadvantaged communities:

Transportation Disadvantaged Census Tracts (arcgis.com) and at: https:// usdot.maps.arcgis.com/apps/ dashboards/ d6f90dfcc8b44525b04c7ce748a3674a.

Additionally, FRA seeks to fund projects that proactively address racial equity and barriers to opportunity, including automobile dependence, as a form of barrier, or redress prior inequities and barriers to opportunity.

Section E describes racial equity considerations that an applicant can undertake, and FRA will consider during the review of applications.

In addition to prioritizing projects that address climate change, proactively address racial equity, and reduce barriers to opportunity, FRA intends to use the RCE 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 and Local Hire agreements, in project planning stages.

Projects that incorporate such planning considerations are expected to support a strong economy and labor market.

Section E describes job creation and labor considerations that an applicant can undertake, and that FRA will consider, during the review of applications.

Section E of this NOFO, which outlines the RCE Program grant selection criteria, describes the process for selecting projects that further these goals. Section F.3 describes progress and performance reporting requirements for selected projects, including the relationship between that reporting and the RCE Program’s selection criteria.

2. Definitions of Key Terms Terms defined in this section are capitalized throughout this notice.

a. ‘‘Construction’’ means the production of fixed works and structures or substantial alterations to such structures or land and associated costs.

b. ‘‘Commuter Rail Passenger Transportation’’ means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple ride, and commuter tickets and morning and evening peak period operations, consistent with 49 U.S.C. 24102(3).

c. ‘‘Final Design (FD)’’ means design activities following Preliminary Engineering, and at a minimum, includes the preparation of final Construction plans consistent with the applicable environmental decision document, detailed specifications, and estimates sufficiently detailed to inform project stakeholders (designers, reviewers, contractors, suppliers, etc.) of the actions required to advance the project from design through completion of Construction.

d. ‘‘Grade Separation or Closure’’ means an underpass or overpass to eliminate level crossings between railroad and highway users at an existing highway-rail or pathway-rail grade crossing, or the closing of a highway-rail grade crossing to vehicular or pedestrian traffic.

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3 Of the $600,000,000 in funding made available in Title J of IIJA, $14,736,000 will be separately made available for Special Transportation Circumstances grants and $12,000,000 will be set aside for award and program oversight conducted by FRA.

e. ‘‘Highway-Rail Grade Crossing’’ means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade.

f. ‘‘Improvement Project’’ means a project related to a highway or pathway-rail crossing including: installation, repair, or improvement of crossings, grade separations, railroad crossing signals, gates, bells, audible warning devices and related technologies;

highway traffic signalization, lighting, crossing approach signage, and roadway improvements such as medians or other barriers; pathway improvements such as bollards; railroad crossing panels and surfaces; and other safety engineering improvements, or highway-rail programs to reduce risk.

g. ‘‘National Environmental Policy Act (NEPA)’’ is a federal law that requires Federal agencies to analyze and document the environmental impacts of a proposed action in consultation with appropriate Federal, state, and local authorities, and with the public. NEPA classes of action include an Environmental Impact Statement (EIS), Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA class of action depends on the nature of the proposed action, its complexity, and the potential impacts. For purposes of this NOFO, NEPA also includes all related Federal laws and regulations including the Clean Air Act, Section 4(f) of the Department of Transportation Act, Section 7 of the Endangered Species Act, and Section 106 of the National Historic Preservation Act.

Additional information regarding FRA’s environmental processes and requirements are located at https:// www.fra.dot.gov/environment.

h. ‘‘Pathway-Rail Grade Crossing’’ means a pathway that crosses one or more railroad tracks at grade and that is:

(1) explicitly authorized by a public authority or a railroad; (2) dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others; and (3) not associated with a public highway, road, or street, or a private roadway.

i. ‘‘Preliminary Engineering (PE)’’ means engineering design to: (1) define a project, including identification of all environmental impacts, design of all critical project elements at a level sufficient to assure reliable cost estimates and schedules; (2) complete project management and financial plans;

and (3) identify procurement requirements and strategies. The PE development process starts with specific project design alternatives that allow for the assessment of a range of rail improvements, specific alignments, and project designs. PE generally occurs concurrently with NEPA and related analyses, and prior to Final Design and Construction.

j. ‘‘Rural Area’’ means any area that is not within an area designated as an urbanized area by the most recent Bureau of the Census.

k. ‘‘Track Relocation’’ means moving a rail line vertically or laterally to a new location in order to eliminate an existing highway-rail grade crossing.

‘‘Vertical Relocation’’ refers to raising above the current ground level or sinking below the current ground level of a rail line. ‘‘Lateral Relocation’’ refers to moving a rail line horizontally to a new location.

l. ‘‘Tribal Lands’’ means any lands reserved for a Federally-recognized Native American tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and where the federal government holds title to the land in trust on behalf of the tribe.

B. Federal Award Information

1. Available Award Amount The total funding available for awards under this NOFO is $573,264,000.3 Should additional RCE Program funds become available after the release of this NOFO, FRA may elect to award such additional funds to applications received under this NOFO.

Further, certain funding amounts are set-aside for the following purposes under this NOFO:

(a) Planning Projects—At least three percent of the total grant funds available, or $18,000,000, will be made available for planning projects described in 49 U.S.C. 22909(d)(6). At least 25 percent of these funds, or $4,500,000 will be made available for projects located in Rural Areas or on Tribal Lands.

(b) Rural or Tribal set aside—At least 20 percent of the total grant funds available, or $114,652,800, will be made available for projects located in Rural Areas or on Tribal Lands, as required by 49 U.S.C. 22909(f)(3)(A). At least five percent of these funds, or $5,732,640 will be made available for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.

In addition, FRA will make at least $1,500,000 available for grants that carry out Highway-Rail Grade Crossing safety information and education programs.

2. Award Size

FRA will not award grants for less than $1,000,000, except for a planning project, as described in section 49 U.S.C. 22909(d)(6). There are no predetermined maximum dollar thresholds for individual awards, but no more than 20% of the grant funds available ($114,652,800) will be awarded for projects in any single State.

FRA anticipates making multiple awards with the available funding.

Given the limited amount of funding currently available, FRA may not be able to award grants to all eligible applications even if they meet or exceed the stated evaluation criteria (see Section E, Application Review Information). Projects may require more funding than is available. FRA encourages applicants to propose a project that has operational independence, or a component of such project, that can be completed and implemented with funding under this NOFO as a part of the total project cost together with other, non-Federal sources. (See Section C(3)(c) for more information.)

3. Award Type

FRA will make awards for projects selected under this notice through grant agreements and/or cooperative agreements. Grant agreements are used when FRA does not expect to have substantial Federal involvement in carrying out the funded activity.

Cooperative agreements allow for substantial Federal involvement in carrying out the agreed upon investment, including technical assistance, review of interim work products, and increased program oversight. The term ‘‘grant’’ is used throughout this document and is intended to reference funding awarded through a grant agreement or a cooperative agreement. The funding provided under this NOFO will be made available to grantees on a reimbursable basis. Applicants must certify that their expenditures are allowable, allocable, reasonable, and necessary to the approved project before seeking reimbursement from FRA. Additionally, the grantee is expected to expend matching funds at the required percentage concurrent with Federal funds throughout the life of the project.

See an example of standard terms and conditions for FRA grant awards at:

https://www.fra.dot.gov/eLib/Details/

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4 See Section D(2)(a)(iii) for supporting information required to demonstrate eligibility of Federal funds for use as match.

5 FRA interprets the language in 49 U.S.C.

22909(g) to permit FRA to reimburse grantees for Preliminary Engineering costs incurred before the date of project selection, if the costs would be permitted as part of total project costs if incurred after the date of project selection and are consistent with 2 CFR part 200.

6 Highway-Rail Grade Crossing Safety Information and Education Programs are eligible under this category.

7 Projects under this section are eligible independently, or together with construction of a project in paragraph (1) through (5).

L19057. This template is subject to revision.

4. Concurrent Applications

DOT and FRA may be concurrently soliciting applications for transportation infrastructure projects for several financial assistance programs.

Applicants may submit applications requesting funding for a particular project to one or more of these programs. In the application for funding under this NOFO, applicants must indicate the other program(s) to which they submitted an application for funding the entire project or certain project components, as well as highlight new or revised information in the application responsive to this NOFO that differs from the previously submitted application(s).

C. Eligibility Information

This section of the notice explains applicant eligibility, cost sharing and matching requirements, project eligibility, and project component operational independence. Applications that do not meet the requirements in this section are ineligible for funding.

Instructions for submitting eligibility information to FRA are detailed in Section D of this NOFO.

1. Eligible Applicants

The following entities are eligible applicants for all projects permitted under this notice:

a. A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions;

b. A political subdivision of a State;

c. A federally recognized Indian

Tribe.

d. A unit of local government or a group of local governments.

e. A public port authority.

f. A metropolitan planning organization.

g. A group of entities described in any of paragraphs (1) through (6).

Grants under the RCE Program are not subject to the limitation in 49 U.S.C.

22905(f) and may therefore be awarded for commuter rail passenger transportation projects. FRA will transfer such projects to the Federal Transit Administration to administer.

The applicant serves as the primary point of contact for the application, and if selected, as the recipient of the RCE Program grant award. An application may identify entities that are not eligible applicants as project partners.

2. Cost Sharing or Matching

The Federal share of total costs for RCE Program projects funded under this notice shall not exceed 80 percent. The estimated total cost of a project must be based on the best available information, including engineering studies, studies of economic feasibility, and environmental analyses. Additionally, in preparing estimates of total project costs, applicants may use FRA’s cost estimate guidance, ‘‘Capital Cost Estimating:

Guidance for Project Sponsors,’’ which is available at: https://www.fra.dot.gov/ Page/P0926.

The minimum 20 percent non-Federal share may be comprised of public sector funding (e.g., state, or local) or private sector funding. FRA will not consider any Federal financial assistance 4 or any non-Federal funds already expended (or otherwise encumbered) toward the matching requirement, unless compliant with 2 CFR part 200. In-kind contributions, including the donation of services, materials, and equipment, may be credited as a project cost, in a uniform manner consistent with 2 CFR

200.306. In addition, applicants may

count costs incurred for Preliminary Engineering associated with Highway- Rail Grade Crossing and Pathway-Rail Grade Crossing Improvement Projects as part of the total project costs. Such costs are eligible as non-Federal share or for reimbursement, even if they were incurred before project selection for award, consistent with 49 U.S.C.

22909(g).5 Such costs must have been incurred no earlier than November 15, 2021 and must be otherwise compliant with 2 CFR part 200 and the requirements of this RCE Program.

Before applying, applicants should carefully review the principles for cost sharing or matching in 2 CFR 200.306.

See Section D(2)(a)(iii) for required application information on non-Federal match and Section E for further discussion of FRA’s consideration of matching funds in the review and selection process. FRA will approve pre-award costs consistent with 2 CFR 200.458, as applicable. See Section D(6).

Cost sharing or matching may be used only for eligible expenses under the Program and are subject to the requirements of the Federal award.

3. Other

a. Project Eligibility

The following Highway-Rail or Pathway-Rail Grade Crossing Improvement Projects that focus on improving the safety and mobility of people and goods are eligible for funding under 49 U.S.C. 22909(d), and this NOFO:

(1) Grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof;

(2) Track relocation;

(3) The improvement or installation of protective devices, signals, signs, or other measures the improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2);

(4) Other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions); 6

(5) A group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or

(6) The planning, environmental review, and design of an eligible project described in paragraphs (1) through (5).7

b. Project Component Operational Independence

If an applicant requests funding for a project that is a component or set of components of a larger project, then the project component(s) must be attainable with the award amount and must comply with all eligibility requirements described in Section C.

In addition, the component(s) must enable independent analysis and decision making, as determined by FRA, under NEPA (i.e., have independent utility, connect logical termini, and do not restrict the consideration of alternatives for other reasonably foreseeable rail projects).

c. Rural or Tribal Lands Project

FRA will consider a project to be in a Rural Area or on Tribal Lands if all or the majority of the project (determined by geographic location(s) where the majority of the project funds will be spent) is located in a Rural Area or on Tribal Lands. However, in the event FRA elects to fund a component of the project, then FRA will reevaluate whether the project is in a Rural Area or on Tribal Lands.

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D. Application and Submission Information

Required documents for the application are outlined in the following paragraphs. Applicants must complete and submit all components of the application. See Section D(2) for the application checklist. FRA welcomes the submission of additional relevant supporting documentation, such as planning, engineering and design documentation, and letters of support from partnering organizations that will not count against the Project Narrative 25-page limit.

1. Address To Request Application Package

Application materials may be accessed at https://www.Grants.gov.

Applicants must submit all application materials in their entirety through https://www.Grants.gov no later than 5:00 p.m. ET, on October 4, 2022.

Applicants are strongly encouraged to apply early to ensure that all materials are received before the application deadline. FRA reserves the right to modify this deadline. General information for submitting applications through Grants.gov can be found at:

https://www.fra.dot.gov/Page/P0270.

FRA is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of files provided, please contact

Laura Mahoney at laura.mahoney@ dot.gov; phone: 202–578–9337.

2. Content and Form of Application Submission

FRA strongly advises applicants to read this section carefully. Applicants must submit all required information and components of the application package to be considered for funding.

Applications that are not submitted on time or do not contain all required documentation will not be considered for funding.

Required documents for an application package are outlined in the checklist below.

i. Project Narrative (see D.2.a).

ii. Statement of Work (see D.2.b.i).

iii. Environmental Compliance

Documentation (see D.2.b.iii).

iv. SF 424—Application for Federal

Assistance.

v. SF 424A—Budget Information for

Non-Construction or SF 424C—Budget Information for Construction.

vi. SF 424B—Assurances for Non- Construction or SF 424D—Assurances for Construction.

vii. FRA F 30—Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying.

viii. FRA F 251—Applicant Financial Capability Questionnaire

ix. SF LLL—Disclosure of Lobbying Activities, if applicable.

a. Project Narrative This section describes the minimum content required in the Project Narrative of grant applications. The Project Narrative must follow the basic outline below to address the program requirements and assist evaluators in locating relevant information.

I. Cover Page ..................... See D.2.a.i II. Project Summary .......... See D.2.a.ii III. Project Funding ........... See D.2.a.iii IV. Applicant Eligibility ... See D.2.a.iv V. Detailed Project De-scription.

See D.2.a.v

VI. Project Location .......... See D.2.a.vi VII. Grade Crossing Infor-mation.

See D.2.a.vii

VIII. Evaluation and Se-lection Criteria.

See D.2.a.viii

IX. Safety Benefit .............. See D.2.a.ix X. Project Implementation and Management.

See D.2.a.x

XI. Environmental Readi-ness.

See D.2.a.xi

The above content must be provided in a narrative statement submitted by the applicant. The Project Narrative may not exceed 25 pages in length (excluding cover pages, table of contents, and supporting documentation). If possible, applicants should submit supporting documents via website links rather than hard copies. If supporting documents are submitted, applicants must clearly identify the relevant portion of the supporting document with the page numbers of the cited information in the Project Narrative. The Project Narrative must adhere to the following outline.

i. Cover Page: Include a cover page that lists the following elements in either a table or formatted list:

Project Title Applicant Federal Funding Requested Under this NOFO ............................................................... $:

Proposed Non-Federal Match .......................................................................................... $: In-Kind:

Does some or all of the proposed Non-Federal Match for the total project cost consist of preliminary engineering costs incurred before project selection?.

If yes, how much?

Other Sources of Federal funding, if applicable .............................................................. Source:

Total Project Cost ............................................................................................................ $:

Was a Federal Grant Application Previously Submitted for this Project? ....................... Yes/No.

If yes, please specify the program, funding year and project title of the previous application.

City(-ies), State(s) Where the Project is Located Congressional District(s) Where the Project is Located Is this project identified in: ............................................................................................... Yes/No.

If Yes, please specify in which plans the project is cur-rently identified, and provide the identifying number if applicable.

• The freight investment plan component of a State freight plan, as required under Section 70202(b)(9),.

• A State rail plan prepared in accordance with Chapter 227; or.

• A State highway-rail grade crossing action plan, as required under section

11401(b) of Passenger Rail Reform and Investment Act of 2015 (title XI of Public Law 114–94).

Is the Project Located in a Rural Area or on Tribal Land?

Is the project eligible for a funding set-aside in Section B.1? ......................................... If yes, please specify which one [Planning Projects, Safety Information and Education Program, Rural or Tribal Set-Aside].

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40340 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices

8 https://railroads.dot.gov/safety-data/crossing-and-inventory-data/crossing-inventory-lookup.

If the Project is located in a Rural Area or Tribal Land, is the Project Located in a county with 20 or fewer residents per square mile, according to the most recent de-cennial census.

U.S. DOT Crossing Number(s) 8 (if applicable)

Is the Project located on real property owned by someone other than the applicant? .. If yes, list real property owners and the nature of the property interest.

ii. Project Summary: Provide a brief 4–6 sentence summary of the proposed project and what the project will entail.

Include challenges the proposed project aims to address and summarize the intended outcomes and anticipated benefits that will result from the proposed project.

iii. Project Funding: Indicate in table format the amount of Federal funding requested, the proposed non-Federal match, and total project cost. Identify the source(s) of matching and other funds, and clearly and distinctly reflect these funds as part of the total project cost in the application budget.

Specifically, identify the financial support, if any, from impacted rail carriers. Include funding commitment letters outlining funding agreements, as attachments or in an appendix. If Federal funding is proposed as match, demonstrate the applicant’s determination of eligibility for such use, and the legal basis for that determination. Also, note if the requested Federal funding under this NOFO or other programs must be obligated or spent by a certain date due to dependencies or relationships with other Federal or non-Federal funding sources, related projects, law, or other factors. If applicable, provide the type and estimated value of any proposed in-kind contributions, as well as substantiate how the contributions meet the requirements in 2 CFR 200.306.

Finally, specify whether Federal funding for the project has previously been sought, and identify the Federal program and fiscal year of the funding request(s), as well as highlight new or revised information in the RCE Program application that differs from the application(s) to other financial assistance programs. If costs incurred for Preliminary Engineering activities, consistent with Section C.2 are proposed as match, describe the activities including the date(s) costs were incurred.

EXAMPLE PROJECT FUNDING TABLE

Task No. Task name/project component Cost Percentage of total cost

Total Project Cost Federal Funds Received from Pre-vious Grant Federal Funding Request Under this NOFO Non-Federal Funding/Match Cash:

In-Kind:

Preliminary Engineering costs, consistent with Section C.2:.

Portion of Non-Federal Funding from the Private Sector Please list amounts per source Portion of Total Project Costs

Spent in a Rural Area or on Tribal Lands

Pending Federal Funding Re-quests

iv. Applicant Eligibility: Explain how the applicant meets the applicant eligibility criteria outlined in Section C of this notice including where appropriate citations to applicable enabling legislation for the applicant.

v. Detailed Project Description:

Include a detailed project description that expands upon the brief project summary. This detailed description should provide, at a minimum:

additional background on the challenges the project aims to address; the expected outcomes; the expected users and beneficiaries of the project, including all railroad operators; the specific components and elements of the project;

and any other information the applicant deems necessary to justify the proposed project. For all projects, applicants must provide information about proposed performance measures, as described in Section F(3)(c) and required in 2 CFR

200.301. . Applicants should specify whether the project will result in the elimination of one or more grade crossings through grade separation or otherwise.

vi. Highway-Rail Grade Crossing Safety Information and Education

Programs:—For these projects, specify how the program will help prevent and reduce pedestrian, motor vehicle and other accidents, incidents, injuries and facilities, and how the program will help improve awareness along railroad rights-of-way and at highway-rail grade crossings.

vii. Project Location: Include geospatial data for the project, as well as a map of the project’s location.

Geospatial data can be expressed in terms of decimal degrees for latitude and longitude of at least five decimal places of precision or start and end

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40341 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices mileposts designating railroad code and subdivision name. On the map, include the Congressional districts in which the project will take place.

viii. Grade Crossing Information: Cite specific DOT National Grade Crossing Inventory information, including the railroad that owns the infrastructure (or the crossing owner, if different from the railroad), the primary railroad operator, the DOT crossing inventory number, and the roadway at the crossing.

Applicants can search for data to meet this requirement at the following link:

http://safetydata.fra.dot.gov/ OfficeofSafety/default.aspx.

ix. Evaluation and Selection Criteria:

Include a thorough discussion of how the proposed project meets all of the evaluation and selection criteria, as outlined in Section E of this notice. If an application does not sufficiently address the evaluation criteria and the selection criteria, it is unlikely to be a competitive application.

x. Safety Benefit: Applicants are strongly encouraged to submit safety justifications for the project that rely on standardized, objective safety metrics and data, if available, including data from sources such as: GradeDec.Net;

National Risk Index; 49 CFR part 234;

safety metrics found in Appendix D of 49 CFR part 222; the FRA crossing incident dashboard (FRA Safety Data & Reporting | FRA (dot.gov)); or other relevant safety data or metrics.

xi. DOT Strategic Goals: To the extent feasible, and consistent with the selection criteria described in Section F.2, applicants should describe efforts to consider climate change and sustainability impacts, as well as efforts to improve equity and reduce barriers to opportunity in project planning. In addition, applicants should describe how planning activities and project delivery actions advance good-paying, quality jobs and workforce programs and hiring policies that promote workforce inclusion.

xii. Project Implementation and Management: Describe proposed project implementation and project management arrangements, including between the applicant and project partners, if any. Include descriptions of the expected arrangements for project contracting, contract oversight and control, change-order management, risk management, and conformance to Federal requirements for project progress reporting (see https:// www.fra.dot.gov/Page/P0274). Describe past experience in managing and overseeing similar projects.

xiii. Environmental Readiness: If the NEPA process is complete, an applicant should indicate the date of completion, and provide a website link or other reference to the documents demonstrating compliance with NEPA, which might include a final Categorical Exclusion, Finding of No Significant Impact, or Record of Decision. If the NEPA process is not yet underway, the application should state this. If the NEPA process is underway, but not complete, the application should detail the type of NEPA review underway, where the project is in the process, and indicate the anticipated date of completion of all NEPA-related milestones. If the last agency action with respect to NEPA documents occurred more than three years before the application date, the applicant should describe why the project has been delayed and why NEPA documents have not been updated and include a proposed approach for verifying and, if necessary, updating this material in accordance with applicable NEPA requirements.

Additional information regarding FRA’s environmental processes and requirements are located at https:// www.fra.dot.gov/environment.

b. Additional Application Elements

Applicants must submit:

i. A Statement of Work (SOW) addressing the scope, schedule, budget, and performance measures for the proposed project if it were selected for award. The SOW must contain sufficient detail so FRA, and the applicant, can understand the expected outcomes of the proposed work to be performed and can monitor progress toward completing project tasks and deliverables during a prospective grant’s period of performance. Applicants must submit an SOW, schedule, budget, and performance measures to be considered for award. These four required documents are labeled Example General Grants—Attachments 2–5 and are located at https://www.fra.dot.gov/Page/ P0325. Applications that do not include all four of the grant package templates will be considered incomplete and will not be reviewed. When preparing the budget, the total cost of a project must be based on the best available information as indicated in cited references that include engineering studies, economic feasibility studies, environmental analyses, and information on the expected use of equipment or facilities.

ii. Environmental compliance documentation, as applicable, if a website link is not cited in the Project Narrative.

iii. SF 424—Application for Federal Assistance.

iv. SF 424A—Budget Information for Non-Construction or SF 424C—Budget Information for Construction.

v. SF 424B—Assurances for Non- Construction or SF 424D—Assurances for Construction.

vi. FRAF 30—Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying, located at https://railroads.dot.gov/ elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.

vii. FRA F 251—Applicant Financial Capability Questionnaire, located at https://railroads.dot.gov/elibrary/fra-f- 251.

viii. SF LLL—Disclosure of Lobbying Activities, if applicable.

Standard OMB Forms needed for the electronic application process are at www.Grants.gov.

c. Post-Selection Requirements

See Section F(2) of this notice for post-selection requirements.

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

To apply for funding through Grants.gov, applicants must be properly registered in SAM before submitting an application; provide a valid unique entity identifier in its application; and continue to maintain an active SAM registration as described in detail below.

Complete instructions on how to register and submit an application can be found at www.Grants.gov. Registering with Grants.gov is a one-time process;

however, it can take up to several weeks for first-time registrants to receive confirmation and a user password. FRA recommends that applicants start the registration process as early as possible to prevent delays that may preclude submitting an application package by the application deadline. Applications will not be accepted after the due date.

Delayed registration is not an acceptable justification for an application extension.

FRA may not make a grant award to an applicant until the applicant has complied with all applicable SAM requirements. If an applicant has not fully complied with these requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. Late applications that are the result of a failure to register or comply with Grants.gov applicant requirements in a timely manner will not be considered. If

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40342 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices an applicant has not fully complied with the requirements by the submission deadline, the application will not be considered. To submit an application through Grants.gov, applicants must:

a. Register With the SAM at www.SAM.gov

All applicants for Federal financial assistance must maintain current registrations in the SAM database. An applicant must be registered in SAM to successfully register in Grants.gov. The SAM database is the repository for standard information about Federal financial assistance applicants, recipients, and subrecipients.

Organizations that have previously submitted applications via Grants.gov are already registered with…