Fed Register NOFO_2024-10656.pdf

42573 Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices

14. Safe Drinking Water Act [42 U.S.C. 300(f) et seq.].

15. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].

16. Noise Control Act of 1972 [42 U.S.C. 4901 et seq.].

17. Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)].

18. Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675].

19. Americans with Disabilities Act of 1990 [42 U.S.C. 12101].

20. Executive Order 11990 Protection of Wetlands.

21. Executive Order 11988 Floodplain Management.

22. Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.

23. Executive Order 11593 Protection and Enhancement of Cultural Resources.

24. Executive Order 13007 Indian Sacred Sites.

25. Executive Order 13287 Preserve America.

26. Executive Order 13175 Consultation and Coordination with Indian Tribal Governments.

27. Executive Order 11514 Protection and Enhancement of Environmental Quality.

28. Executive Order 13112 Invasive Species.

29. Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency.

30. Executive Order 13045 Protection of Children From Environmental Health Risks and Safety Risks.

31. Executive Order 14096 Revitalizing Our Nation’s Commitment to Environmental Justice for All.

(Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)

Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for Progress in the 21st Century Act, (Pub. L. 112– 141, 126 Stat. 405).

David Snyder, Division Administrator, Federal Highway Administration.

[FR Doc. 2024–10582 Filed 5–14–24; 8:45 am]

BILLING CODE 4910–RY–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for Projects Located on the Northeast Corridor for the Fiscal Year 2024 Federal-State Partnership for Intercity Passenger Rail Program

AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT).

ACTION: Notice of funding opportunity (NOFO or notice).

SUMMARY: This notice details the application requirements and procedures to obtain grant funding for projects located on the Northeast Corridor (NEC) under the Federal-State Partnership for Intercity Passenger Rail Program (FSP Program) for Fiscal Year (FY) 2024. This notice solicits applications for FSP Program funds made available by the Consolidated Appropriations Act, 2024, and Division J of the Infrastructure Investment and Jobs Act (IIJA). The opportunity described in this notice is made available under Assistance Listings Number 20.326, ‘‘Federal-State Partnership for Intercity Passenger Rail.’’ DATES: Applications for funding under this solicitation are due no later than 11:59 p.m. Eastern Time, July 15, 2024.

Applications that are incomplete or received after 11:59 p.m. Eastern Time, on July 15, 2024 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. Bryan Rodda, Office of Amtrak and Northeast Corridor Program Delivery, Federal Railroad Administration, 1200 New Jersey Avenue SE, 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 ensure timely receipt of materials before the application deadline.

FOR FURTHER INFORMATION CONTACT: For further information concerning this notice, please contact the FRA NOFO Support program staff via email at FRA- NOFO-Support@dot.gov. If additional assistance is needed, you may contact Mr. Bryan Rodda in FRA’s Office of Amtrak and Northeast Corridor Program Delivery by email at Bryan.Rodda@ dot.gov or telephone: 202–557–0206; or Mr. Sergio Coronado in FRA’s Office of Rail Program Development by email at Sergio.Coronado@dot.gov or telephone:

617–571–1213.

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

SUMMARY OVERVIEW OF KEY INFORMATION: FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL PROGRAM

FOR PROJECTS LOCATED ON THE NORTHEAST CORRIDOR (FSP–NEC)

Issuing Agency ..................... Federal Railroad Administration, U.S. Department of Transportation.

Program Overview ............... The purpose of the FSP Program is to reduce the State of Good Repair backlog, improve performance, or ex-pand or establish new intercity passenger rail service. Program funding and selections are provided separately for projects located on and off the NEC. This notice solicits applications for projects located on the NEC.

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42574 Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices

1 Additional information about the USDOT Strategic Plan, Research, Development and Technology Strategic Plan can be found here:

https://www.transportation.gov/dot-strategic-plan.

2 Capital Cost Estimates, as identified in the 2024 Inventory tables, are presented in year of expenditure dollars. While similar to ‘‘Capital Cost Estimate’’ as defined in FRA’s Capital Projects Guidance, Capital Cost Estimates in the 2024 Inventory may include Planning Lifecycle Stage costs, if provided by the Project Sponsor, consistent with the Northeast Corridor Commission’s process used to prepare the NEC Planning Documents.

SUMMARY OVERVIEW OF KEY INFORMATION: FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL PROGRAM FOR PROJECTS LOCATED ON THE NORTHEAST CORRIDOR (FSP–NEC)—Continued

Eligible Applicants ................ 1. A State (including the District of Columbia);

2. A group of States;

3. An Interstate Compact;

4. A public agency or publicly chartered authority established by one or more States;

5. A political subdivision of a State;

6. Amtrak, acting on its own behalf or under a cooperative agreement with one or more States;

7. A Federally recognized Indian Tribe; and

8. Any combination of the entities described in (1) through (7).

Eligible Project Types .......... 1. A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a State of Good Repair;

2. A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrifica-tion, and other improvements, as determined by the Secretary;

3. A project to expand or establish new intercity passenger rail service;

4. A group of related projects described in paragraphs (1) through (3); and

5. The planning, environmental studies, and final design for a project or group of projects described in para-graphs (1) through (4).

Funding ................................ The total funding available for awards under this NOFO is $2,034,420,932.

Deadline ............................... Applications Due: July 15, 2024 at 11:59 p.m., Eastern Time.

A. Program Description

1. Overview

Our Nation’s rail network is a critical component of the U.S. transportation system and economy. The FSP Program provides a Federal funding opportunity to improve American passenger rail assets by funding projects that reduce the State of Good Repair backlog, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved. The FSP Program is authorized in Sections 22106 and 22307 of the IIJA, codified at 49 U.S.C. 24911, and this NOFO is funded by 2024 IIJA advance appropriations as provided in Title VIII of Division J of IIJA (Advance Appropriations), and the Consolidated Appropriations Act, 2024, Division F, Title I, Public Law 118–42 (2024 Appropriation).

The IIJA provided distinct FSP Program selection criteria for projects located on the NEC and for projects not located on the NEC. For projects located on the NEC, the law requires FRA to make selections for FSP Program funds consistent with the Northeast Corridor Project Inventory (NEC Project Inventory). FRA published the most recent NEC Project Inventory on April 15, 2024 (2024 Inventory). The 2024 Inventory can be found at https:// railroads.dot.gov/elibrary/nec-inventory.

This notice solicits applications for the Major Backlog, Capital Renewal, Improvement, and Stations projects and Planning Studies identified on the 2024 Inventory; it describes available FSP Program funding, application submission requirements, and the selection and evaluation criteria. For projects located off the NEC, FRA will publish a separate notice, and those projects are not eligible for funding under this announcement. Under this notice, FRA will make selections consistent with the 2024 Inventory as further described herein and only projects on the 2024 Inventory for which an application is submitted under this NOFO will be considered for award.

Consistent with the 2024 Inventory, FRA’s first priority will be selecting Major Backlog Projects regardless of their Lifecycle Stage within the two-year Inventory Period. FRA’s second priority will be selecting projects in or beginning the Construction Lifecycle Stage within the Inventory Period that will reduce the NEC’s State of Good Repair backlog and demonstrate the likelihood of significant Intercity Passenger Rail outcomes. FRA’s third priority will be selecting projects in or beginning Planning, Project Development, or Final Design for projects within the Inventory Period that will reduce the NEC’s State of Good Repair backlog and demonstrate the likelihood of significant Intercity Passenger Rail outcomes.

For applicants’ reference, FRA’s Guidance on Development and Implementation of Railroad Capital Projects (88 FR 2163 (Jan. 12, 2023)) (FRA’s Capital Projects Guidance) is now available which assists Project Sponsors in developing effective and complete Capital Projects by defining the Project Development process and describing implementation tools, processes, and documentation that may be required for a grant. FRA’s Capital Projects Guidance can be found here:

https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.

In December 2023, FRA updated its standard grant agreement terms and conditions. The new FRA grant agreement consists of three parts:

Attachment 1: Standard Terms and Conditions, Attachment 2: Project- Specific Terms and Conditions, and Terms and Conditions Exhibits. The updated agreement templates are available at: https://railroads.dot.gov/ grants-loans/fra-discretionary-grant-agreements. These templates are subject to revision.

The Department seeks to fund projects that advance the Administration priorities of safety, equity, climate and sustainability, workforce development, job quality, and wealth creation as described in the U.S. DOT Strategic Plan, (https://www.transportation.gov/ dot-strategic-plan) and in executive orders, which are described in Section E.1

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

a. ‘‘Capital Cost Estimate’’ has the meaning provided in the NEC Project Inventory.2

b. ‘‘Capital Project’’ means a project for acquiring, constructing, improving, or inspecting rail equipment, track and track structures, or a rail facility, including expenses incidental to the

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3 FRA will consider right-of-way acquisition only for applications seeking eligible Construction funding.

4 The Northeast Corridor Commuter and Intercity Rail Cost Allocation is available at: https://nec-commission.com/app/uploads/2018/04/2023-06- 21_Cost-Allocation-Policy_v12.00_For- Publication.pdf.

acquisition or Construction including pre-Construction activities (such as designing, engineering, location surveying, mapping, acquiring rights-of-way) and related relocation costs, environmental studies, and all work necessary for FRA to approve the project under the National Environmental Policy Act (NEPA); highway-rail grade crossing improvements; communication and signalization improvements; and rehabilitating, remanufacturing, or overhauling rail rolling stock and rail facilities.3

c. ‘‘Capital Renewal’’ means to repair, replace, or modernize basic infrastructure assets along a corridor section that is executed in accordance with a defined scope, schedule, and budget. Basic infrastructure assets include rails, ties, ballast, communication systems, signaling systems, electric traction power systems, and undergrade bridges.

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

24102(3); the term does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

e. ‘‘Construction’’ means the Lifecycle Stage of a Capital Project during which the Capital Project is completely built, installed, and placed into use.

Construction activities include, but are not limited to, physical construction and installation of the Capital Project, including testing of equipment, workforce training, and start-up testing.

Construction activities occur after a project has completed Final Design.

f. ‘‘Cost Share Agreement’’ means an agreement between the Project Sponsor and its partner(s) that identifies, for a Shared Benefit Project, the intercity passenger rail share, the commuter rail share(s), and the local share of the eligible project before the commencement of the project. Such agreements must be prepared consistent with the project-based cost sharing requirements of the Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy, as amended, and approved by the NEC Commission; for a Sole Benefit Project, the local or non- Federal share of the eligible project before commencement of the project.4

g. ‘‘Final Design’’ or ‘‘FD’’ means the Lifecycle Stage of a Capital Project during which the Capital Project design is advanced to be ready for Construction. This is when final engineering plans and specifications necessary for construction of the project are produced. Final Design activities occur after a Capital Project has completed Project Development, and before a Capital Project can advance to Construction. Final Design is described in FRA’s Capital Projects Guidance.

h. ‘‘Funding Need’’ has the meaning provided in the 2024 Inventory.

i. ‘‘Highly Rated’’ means a rating provided for purposes of 49 U.S.C.

24911(g)(2) to those Major Capital Projects identified as Major Backlog on the most recently published iteration of the NEC Project Inventory and all other Major Capital Projects with applications evaluated under this NOFO that receive an overall rating of Recommended or Highly Recommended.

j. ‘‘Improvement’’ means repair or enhancement to existing rail infrastructure, equipment, or facility, or Construction of new rail infrastructure, equipment, or facilities, that results in efficiency of the rail system and the safety of those affected by the system.

k. ‘‘Intercity Rail Passenger Transportation’’ means rail passenger transportation, except Commuter Rail Passenger Transportation. See 49 U.S.C.

24911(a)(3). In this notice, ‘‘Intercity Passenger Rail Service’’ and ‘‘Intercity Passenger Rail Transportation’’ are equivalent terms to ‘‘Intercity Rail Passenger Transportation.’’

l. ‘‘Inventory Period’’ means, for the purposes of the 2024 Inventory, January 1, 2024, through December 31, 2025.

m. ‘‘Lifecycle Stage’’ means each of the consecutive stages of a Capital Project as it is developed and implemented that include Systems Planning, Project Planning, Project Development, Final Design, Construction, and Operation.

n. ‘‘Major Backlog Project’’ is a project identified by the NEC Commission as necessary to achieve a State of Good Repair, but that is not undertaken on a routine basis, including rehabilitation or replacement of major bridges and tunnels.

o. ‘‘Major Capital Project’’ means a Capital Project with a Capital Cost Estimate equal to or greater than $500 million and with at least $100 million in Federal assistance under the FSP Program.

p. ‘‘National Environmental Policy Act’’ or ‘‘NEPA’’ (42 U.S.C. 4321 et seq.)

is a Federal law that requires Federal agencies to analyze and document the environmental impacts of a proposed action in consultation with appropriate Federal, Tribal, State, and local authorities, and with the public.

Environmental review under NEPA consists of an Environmental Impact Statement (EIS), Environmental Assessment (EA) or Categorical Exclusion (CE). The NEPA class of action depends on the potential environmental impacts of the proposed action. 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 is located at https:// railroads.dot.gov/rail-network-development/environment/environment.

q. ‘‘Northeast Corridor’’ (‘‘NEC’’) means the main rail line between Boston, Massachusetts, and the District of Columbia; the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and facilities and services used to operate and maintain these lines, consistent with 49 U.S.C. 24911(a)(3).

r. ‘‘NEC Planning Documents’’ means the Northeast Corridor Commission’s CONNECT NEC 2037 and the FY 2024– 2028 Northeast Corridor Capital Improvement Plan.

s. ‘‘Planning Studies’’ are those projects which include only planning activities such as railroad transportation market forecasting, operations analysis, fleet planning, cost analysis, station and facility planning, environmental resource consideration, and other similar activities. Planning Studies are planning activities without association to a specific Capital Project in their current form.

t. ‘‘Preliminary Engineering (PE)’’ means engineering design to define a Capital Project, including identification of all environmental impacts and design of all critical project elements at a level sufficient to ensure reliable cost estimates and schedules. 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 is considered part of the Project Development Lifecycle Stage, as described in FRA’s Capital Projects Guidance.

u. ‘‘Project Development’’ means the Lifecycle Stage of a Capital Project

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5 The Total Project Cost for projects that received partial funding in a previous FSP–NEC NOFO should reflect the same Total Project Cost provided in the application submitted under the previous NOFO. In the event that such a project is selected, FRA intends to apply both FSP award amounts to the same Total Project Cost.

6 The project information submitted by Project Sponsors to the NEC Commission in Summer 2023 was used to inform project information as it appears on the 2024 Inventory.

during which the Project Sponsor conducts design, environmental, and other studies to ensure the Capital Project is ready for implementation.

Project Development activities occur after a Project Sponsor has completed Project Planning, and before a Capital Project can advance to Final Design.

Project Development is further described in FRA’s Capital Projects Guidance.

v. ‘‘Project Management Plan’’ means, under this NOFO, a document as provided in FRA’s Capital Projects Guidance that describes how the Capital Project will be implemented, monitored, and controlled to help the Project Sponsor effectively, efficiently, and safely deliver the project on-time, within-budget, and at the highest appropriate quality.

w. ‘‘Project Planning’’ is the first Lifecycle Stage of a Capital Project during which the Project Sponsor identifies Capital Project concepts to adequately address transportation needs and opportunities identifies and compares costs, benefits, and impacts of project options; identifies the impacted environmental resources and engages with interested parties, agencies, and infrastructure owners. Project Planning activities are completed before a Capital Project advances to Project Development. Project Planning is further described in FRA’s Capital Projects Guidance.

x. ‘‘Project Sponsor’’ means the entity responsible for implementing a project that may also be an applicant seeking or grantee receiving Federal financial assistance.

y. ‘‘Risk Assessment’’ means for a Major Capital Project, an unbiased, risk-based, probabilistic analysis that verifies the accuracy and reasonableness of the current cost estimate and schedule and results in a probability range that represents the project’s cost while accounting for the range of potential costs associated with project uncertainties.

z. ‘‘State of Good Repair’’ means a condition in which physical assets, both individually and as a system, are (A) performing at a level at least equal to that called for in their as-built or as-modified design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them; and (B) sustained through regular maintenance and replacement programs, consistent with 49 U.S.C. 24102(12).

aa. ‘‘Total Project Cost’’ means the sum of FSP funding, other Federal funding, and the non-Federal funding required to complete the Lifecycle Stage(s) of the project for which funding is requested in this application. In general, FRA expects the Total Project Cost to be consistent with the Funding Need for the project, as shown on the 2024 Inventory, except for those projects partially funded under previous FSP NOFOs and those projects receiving funding toward the Total Project Cost in the time period between the 2023 submission of project information by Project Sponsors to the NEC Commission to update the NEC Planning Documents and selections made under this NOFO.5 6

B. Federal Award Information

1. Available Award Amount

The total amount of funding made available for new FSP–NEC awards under this NOFO is $2,034,420,932. The total amount of FY 2024 funding made available for projects located on the NEC from IIJA 2024 Advance Appropriations and the 2024 Appropriation is $4,502,362,500. From this amount, FRA intends to obligate up to $2,467,941,567 to fulfill FY 2024 contingent commitments to FSP projects previously selected for Phased Funding Agreements.

FRA may elect to award additional funds beyond the funds made available from the FY 2024 Advance Appropriations by including funds from the FY 2025 Advance Appropriations to applications received under this NOFO.

Any selection and award under this NOFO are subject to the availability of appropriated funds.

2. Award Size

There are no predetermined minimum or maximum dollar thresholds for awards. FRA anticipates making multiple awards with the available funding. FRA may not be able to award grants to all eligible applications even if they meet or exceed the stated criteria (see Section E, Application Review Information). Applicants must apply for a project as it appears on the NEC Project Inventory. FRA may award partial funding, as projects may require more funding than is available. Prior to selection, FRA will contact the applicant to ensure that the applicant is able to complete the project with available funding.

FRA strongly encourages that applicants seek funding for the appropriate Lifecycle Stage of a Capital Project, consistent with the 2024 Inventory and the applicable corresponding application track in Section C(3)(b) below. If, notwithstanding this direction, an application covers multiple application tracks, it must also include the justification as further described in Section C(3)(b).

Applications for a project with a Total Project Cost that has changed from the Funding Need that appears on the 2024 Inventory or that are seeking less than the Anticipated Obligation amount on the 2024 Inventory should specify the change and provide an explanation for how the remainder of the project will be funded and whether the Project Sponsor plans to apply for additional funding under a future FSP–NEC NOFO.

3. Award Type

a. Grants and Cooperative Agreements

FRA will make awards for projects selected under this notice through grant agreements 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, as well as funding awarded through 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 non- Federal funds at the required percentage concurrent with Federal funds throughout the life of the project.

Additionally, FRA may provide grant funding in phases through a Phased Funding Agreement (PFA) for Highly Rated projects. A PFA, authorized at 49 U.S.C. 24911(g)(2), is an FRA grant agreement associated with the obligation of an initial grant award under the Partnership Program. A PFA shall: (1) establish the terms of participation by the Federal Government in the project; (2) establish the maximum amount of Federal financial assistance for the project; (3)

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7 If an applicant’s Cost Share Agreement demonstrates the commitment of more non-Federal dollars than proposed in the application, the applicant should explain the distinction and confirm that the difference was intentional.

include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized; and (4) make timely and efficient management of the project easier in accordance with Federal law.

FRA anticipates limiting the use of PFAs to projects that are currently in, or beginning, the Final Design and/or the Construction Lifecycle Stages.

A PFA is an FRA grant agreement with the phased funding provisions in effect. It provides an initial obligation, and it also provides contingent commitments that are not financial obligations of the Federal Government but relate to the future obligation of funds (subject to the availability of appropriations). In the PFA, FRA commits to provide funding as specified in the PFA for the duration of the project, as long as the grantee continues to meet the terms of the PFA, and Congress appropriates sufficient FSP Program funding for such purpose.

Applications for a Major Capital Project seeking a PFA must request a PFA in the project narrative and provide the additional information required in Section D(2)(a). Additionally, FRA may independently determine that a project is appropriate for a PFA.

b. Letters of Intent Additionally, FRA may issue Letters of Intent (LOI) to FSP–NEC grantees proposing Major Capital Projects.

Applications for a Major Capital Project that seek FSP–NEC funds beyond what is made available in this NOFO and who are seeking an LOI must request an LOI in the project narrative and provide the additional information required in Section D(2)(a). Additionally, FRA may independently determine that a project is appropriate for an LOI.

An LOI, authorized at 49 U.S.C.

24911(g)(1), is a letter from FRA to a grantee announcing ‘‘an intention to obligate’’ an amount to its Major Capital Project from future budget authority.

LOIs are contingent commitments and not binding obligations of the Federal Government. FRA intends to use LOIs to demonstrate its intent to provide future Final Design and Construction Lifecycle Stage funding for Major Capital Projects assuming successful completion of Project Planning and Project Development Lifecycles for the project.

FRA anticipates issuing LOIs primarily to projects currently in, or beginning, the Project Development Lifecycle Stage. In issuing the LOI, FRA may outline conditions and/or define readiness thresholds that the grantee may use to inform future funding requests for FSP–NEC funds.

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 program(s) to which they submitted or plan to submit an application for funding the entire project or certain 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 operational independence. Applications that do not meet the requirements in this section will be 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);

b. A group of States;

c. An Interstate Compact;

d. A public agency or publicly chartered authority established by one or more States;

e. A political subdivision of a State;

f. Amtrak, acting on its own behalf or under a cooperative agreement with one or more States;

g. A Federally recognized Indian Tribe, and

h. Any combination of the entities described in (a) through (g).

Applications must be submitted by the lead applicant that serves as the primary point of contact for the application, and that if selected, will be the grantee of the FSP–NEC grant award.

To submit an application under (h) above, the lead applicant must identify the other entities(s) and include a signed statement from an authorized representative of each entity that affirms the entity joins the application. See Section D(2) for further instructions about submitting an application under 49 U.S.C. 24911(a)(1)(H).

An application submitted by Amtrak and one or more States, whether eligible under (a), (b), (f) or (h) above, must identify the lead applicant and include a signed cooperative agreement between Amtrak and the State(s) consistent with 49 U.S.C. 24911(a)(1)(F). Applications may reference entities that are not eligible (e.g., private sector firms) in an application as a partner in project funding or implementation, but ineligible entities do not qualify as an applicant and cannot be a grantee. If the applicant seeks to partner with an ineligible entity (e.g., a private intercity passenger rail operator), that intention should be made clear in the application and a letter of support from the ineligible entity should be included in the application. The eligible lead applicant who partners with other entities, private or otherwise, will be the legally responsible party to FRA under the grant agreement, including for administering and managing Federal funds for the authorized purpose and delivering the project.

2. Cost Sharing and Matching

FRA will evaluate the application based on the amount of Federal funds for the eligible project requested in the application.7 The Federal share of total costs for FSP 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, environmental analyses, and information on the expected use of equipment and/or facilities, consistent with 49 U.S.C.

24911(f)(1). As stated in the 2024 Inventory, FRA will generally fund Major Backlog Projects applying under this notice up to 80 percent Federal share of the Total Project Cost of an eligible project. FRA will generally fund Capital Renewal, Improvement, and Station projects applying under this notice between 50 and 80 percent Federal share of the total cost of an eligible project. For a higher Federal share within this range, FRA will consider the extent to which: (i) projects bring assets supporting Intercity Passenger Rail service into a State of Good Repair, and (ii) and demonstrate likelihood of significant Intercity Passenger Rail outcomes. Additionally, applicants are encouraged to use FRA’s cost estimate guidance documentation, ‘‘Capital Cost Estimating: Guidance for Project Sponsors,’’ and to account for the impact of external factors (e.g., VerDate Sep<11>2014 19:12 May 14, 2024 Jkt 262001 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1lo tte r on

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8 The ‘‘Capital Cost Estimating: Guidance for Project Sponsors,’’ is available at: https:// www.fra.dot.gov/Page/P0926.

9 See Section D(2)(a) for supporting information required to demonstrate eligibility of Federal funds for use as non-Federal share.

10 The location of the equipment’s primary use will determine whether it is a project located on the

NEC.

inflation) while preparing the scope, schedule, and budget.8

Applicants must identify the source(s) of their non-Federal share and must clearly and distinctly reflect these funds as part of the Total Project Cost. The minimum 20 percent non-Federal share may be comprised of public or private funding. FRA will not consider any Federal financial assistance, or any non- Federal funds already expended (or otherwise encumbered) toward the matching requirement, unless compliant with 2 CFR part 200.9 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.

If Amtrak is an applicant under this NOFO, Amtrak may use ticket and other non-Federal revenues generated from its operations and other sources as well as funding provided by the Advance Appropriations under the heading ‘‘Northeast Corridor Grants to the National Railroad Passenger Corporation’’ to satisfy the non-Federal share requirements.

Funding under this NOFO may not be used for costs that are included in or used to meet cost sharing or matching requirements of any other federally financed award or program. If the applicant is seeking additional funding for a project that has already received Federal financial assistance, costs associated with the scope of work for the existing Federal award are not eligible for funding under this NOFO.

Only new scope elements and activities (e.g., new deliverables) are eligible for funding under this NOFO.

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

See Section D(2)(a) for required application information on non-Federal share 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 incurred after announcement of awards consistent with 2 CFR 200.458, as applicable. Cost sharing or matching may be used only for authorized Federal award purposes.

All contracts for projects financed with Federal funds will be subject to applicable Federal requirements.

Applicants that have entered into contracts for a proposed project prior to award must ensure that applicable Federal requirements are included in the contract in the event the project is selected, and Federal funds are obligated.

3. Eligible Projects

a. Only projects on the NEC Project Inventory for which an application is submitted under this NOFO will be considered for award. The following Capital Projects, including acquisition of real property interests, are eligible:

1. A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a State of Good Repair.10

2. A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary.

3. A project to expand or establish new intercity passenger rail service.

4. A group of related projects described in paragraphs (1) through (3).

5. The planning, environmental studies, and Final Design for a project or group of projects described in paragraphs (1) through (4).

For projects that are on a shared corridor with Commuter Railroad Passenger Transportation or freight transportation, applicants must clearly demonstrate how the proposed project benefits Intercity Passenger Rail Transportation and that funding the proposed project would be a reasonable investment in Intercity Passenger Rail Transportation, independent and separate from consideration of the proposed project’s benefits to other transportation purposes.

Capital Projects, as further defined in Section A(2), may include the acquisition of real property interests, planning, Project Development, Final Design, and Construction. Pre- Construction activities are eligible for funding independently or in conjunction with proposed funding for Construction.

Projects that include Project Development may include engineering drawings and specifications (scale drawings at the 30 percent design level, including track geometry as appropriate); design criteria, schematics, and/or track charts that support the development of PE; and work that can be funded in conjunction with developing PE, such as operations modeling, surveying, project work/ management plans, preliminary cost estimates, and preliminary project schedules. Project Development funded under this NOFO must be sufficiently developed when complete to support FD or Construction activities. (See Section D(2)(a)(i) for additional information.)

b. Application Tracks: Other than as specified in the 2024 Inventory, applicants are not limited in the number of projects for which they seek funding.

However, FRA strongly encourages that applications identify only one of the following tracks for an eligible project:

Track 1—Planning Studies and Project Planning; Track 2—Project Development; Track 3—FD/ Construction. The project tracks are based on Lifecycle Stages, and the Inventory prioritized projects based on Lifecycle Stage information provided by Project Sponsors. While applications covering multiple tracks for a project are not precluded, such applications will require a justification for varying from the 2024 Project Inventory. See Section E(1)(a). FRA will review the merit of the justification provided in evaluating the application. Applicants must identify the Federal dollar amount requested for each Lifecycle Stage, itemized by project component (if applicable) and task.

Where an application covers multiple tracks, FRA may award funds based on project readiness information for what it determines is the appropriate Lifecycle Stage.

1. Track 1—Planning Studies and Project Planning: Track 1 consists of Planning Studies and planning specific to a Capital Project. Planning Studies include planning activities (with no associated Construction), and examples include: railroad transportation market forecasting, conceptual design activities (e.g., operations analysis, establishing the type and scope of capital improvements), fleet planning, cost analysis, station and facility planning, environmental resource consideration (e.g., development of a purpose and need statement, preliminary alternatives analysis, identification of environmental resources and analysis of potential environmental effects), and other similar activities. A description of Project Planning may be found in FRA’s Capital Projects Guidance. Examples include: the development of a purpose and need statement; completion of conceptual engineering and other design; documentation showing that project alternatives were considered;

completion of an environmental resource inventory and potential environmental concerns analysis; scale design drawings; public and stakeholder involvement; completion of an order-of-

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42579 Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices magnitude project cost estimate; and for Major Capital Projects, completion of an initial Project Management Plan. Project Planning projects funded under this NOFO must be sufficiently developed when complete to support Project Development activities.

2. Track 2—Project Development:

Track 2 consists of projects for eligible Project Development activities. A description of Project Development may be found in FRA’s Capital Projects Guidance. Examples include:

completion of Preliminary Engineering (PE) and architectural or other design;

PE drawings and specifications (scale drawings at the 30 percent design level, including track geometry as appropriate); design criteria, schematics and/or track charts that support the development of PE; work that can be funded in conjunction with developing PE, such as operations modeling, surveying, project work/management plans, preliminary cost estimates, and preliminary project schedules;

completion of environmental review;

and completion of applicable project management documentation (such as a Project Management Plan, schedule, Capital Cost Estimate, and financial plan). Project Development projects funded under this NOFO must be sufficiently developed when complete to support FD or Construction activities.

3. Track 3—FD/Construction: Track 3 consists of projects for eligible FD and Construction activities. A description of FD and Construction may be found in FRA’s Capital Projects Guidance.

Applicants must complete all necessary Planning and Project Development stages, including PE and NEPA requirements, prior to moving to the FD/ Construction stage of a project. FD funded under this track includes completion of the Final Design documentation, resolving remaining uncertainties or risks associated with changes to the design and scope of the Capital Project; addressing procurement processes; and updating/completing the applicable project management documentation (such as a Project Management Plan, schedule, Capital Cost Estimate, and financial plan).

During Construction, the Capital Project is completely built, installed, and placed in use. Prior to obligation, applicants selected for funding for FD/ Construction must demonstrate the following to FRA’s satisfaction: (A) PE is completed for the proposed project, resulting in project designs that are reasonably expected to conform to all regulatory, safety, security, and other design requirements, including those under the Americans with Disabilities Act of 1990 (ADA); (B) NEPA is completed for the proposed project; (C) the applicants have entered into the appropriate agreements with key project partners, including infrastructure-owning entities; and (D) for Major Capital Projects, a Project Management Plan, schedule, Capital Cost Estimate, and financial plan are complete and up to date.

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, which will not count against the project narrative 25-page limit. 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.

1. Address To Request Application Package

Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their entirety through https:// www.Grants.gov no later than 11:59 p.m.

Eastern Time, on July 15, 2024.

Applicants must complete an Authorized Organization Representative (AOR) profile on www.Grants.gov and create a username and password.

Additional information about the registration process is available at:

https://www.grants.gov/applicants/ applicant-registration.

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, Office of the Chief Financial Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;

email: laura.mahoney@dot.gov; phone:

202–578–9337.

The E-Business Point of Contact (E- Biz POC) at the applicant’s organization must respond to the registration email from Grants.gov and login at www.Grants.gov to authorize the applicant as the AOR. Please note there can be more than one AOR for an organization.

If an applicant experiences difficulty at any point during this process, please call the Grants.gov Customer Center Hotline at 1–800–518–4726, 24 hours a day, 7 days a week (closed on Federal…