FY2022 FSP-Northeast Corridor NOFO.pdf

79421 Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices systems managers; and computer and mathematical operations workers).

Estimated Number of Respondents:

2,160 respondents.

Estimated Time per Response: 2 hours per response for IC–1, 2.5 hours per response for IC–2, 3.83 hours per response for IC–3, 1.67 hours per response for IC–4.

Expiration Date: N/A. This is a new

ICR.

Frequency of Response: Once for IC– 1 and IC–2; no more than once annually for IC–3 and IC–4.

Estimated Total Annual Burden:

9,127.5 hours total, or 3,042.5 hours annually (215.5 annual hours for State computer and information systems managers + 495 annual hours for local computer and information systems managers + 293.5 annual hours for State police and sheriff’s patrol officers + 210 annual hours for local police and sheriff’s patrol officers + 112 annual hours for State first-line supervisors of police and detectives + 705 annual hours for local first-line supervisors of police and detectives + 42.5 annual hours for State general and operations managers + 125 annual hours for local general and operations managers + 42.5 annual hours for State chief executives + 125 annual hours for local chief executives + 181.5 annual hours for State computer and mathematical operations workers + 495 annual hours for local computer and mathematical operations workers = 3,042.5 annual hours).

Definitions: N/A.

Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The Agency will summarize or include your comments in the request for OMB’s clearance of this

ICR.

Issued under the authority of 49 CFR 1.87.

Thomas P. Keane, Associate Administrator, Office of Research and Registration.

[FR Doc. 2022–28045 Filed 12–23–22; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for Projects Located on the Northeast Corridor for the 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 2022 and 2023. This notice solicits applications for FSP Program funds made available by the Consolidated Appropriations Act, 2022, 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 5 p.m. ET, March 27, 2023. Applications that are incomplete or received after 5 p.m. ET, on March 27, 2023 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, Room W38–203, 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 the FRA NOFO Support program staff via FRA-NOFO- Support@dot.gov. If additional assistance is needed, you may contact Mr. Bryan Rodda, Office of Amtrak and Northeast Corridor Program Delivery, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38–203, Washington, DC 20590; email:

Bryan.Rodda@dot.gov; telephone: 202– 493–0443.

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

A. Program Description

1. Overview The IIJA provided distinct FSP program selection criteria for projects located on the Northeast Corridor (NEC) and for projects not located on the NEC.

For projects located on the NEC, the law requires projects to be selected for FSP program funds consistent with the Northeast Corridor Project Inventory (NEC Project Inventory). FRA published the NEC Project Inventory on November 15, 2022; the NEC Project 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 NEC Project Inventory; it describes available FSP Program funding, application submission requirements, and the selection and evaluation criteria (FSP– NEC NOFO). For projects located off the NEC, FRA has published a separate notice on December 7, 2022, and those projects are not eligible for funding under this announcement. Under this Notice, FRA will make selections consistent with the NEC Project Inventory and only projects on the NEC

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1 DOT Strategic Plan FY 2022–2026 (March 2022) at https://www.transportation.gov/sites/dot.gov/ files/2022-04/US_DOT_FY2022-26_Strategic_ Plan.pdf.

Project Inventory for which an application is submitted under this NOFO will be considered for award.

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 intercity passenger rail infrastructure 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. Consistent with the NEC Project Inventory, FRA’s first priority will be selecting Major Backlog projects and Planning Studies. FRA’s second priority will be selecting other projects in or beginning the Final Design or Construction Lifecycle Stages within the Inventory Period.

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 IIJA supplemental appropriations as provided in Title VIII of Division J of IIJA (Supplemental Appropriations), and the Consolidated Appropriations Act, 2022 (Pub. L. 117–

103) (Appropriations Act). The opportunity described in this notice is made available under Assistance Listings Number 20.326, ‘‘Federal-State Partnership for Intercity Passenger Rail.’’

Discretionary grant awards, funded through the FSP–NEC NOFO, will support projects that improve safety, economic strength and global competitiveness, equity, climate and sustainability, and transformation, consistent with the U.S. Department of Transportation’s (DOT) strategic goals.1 Section E of this NOFO, which outlines the grant selection criteria, describes the process for selecting projects that further these goals. Section F of this NOFO provides further details on the Administration and National Policy Requirements to meet these goals and describes progress and performance reporting requirements for selected projects.

2. Definitions of Key Terms

Terms defined in this section are capitalized throughout this notice. Some definitions have been updated from those published in the NEC Project Inventory.

a. ‘‘Capital Cost Estimate’’ means an estimate of the cost to implement the

Capital Project inclusive of Project Development through completion of Construction that accounts for risk to the cost elements and the schedule to complete the project.

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 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; highway-rail grade crossing improvements; communication and signalization improvements; and rehabilitating, remanufacturing or overhauling rail rolling stock and rail facilities.

c. ‘‘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.

d. ‘‘Construction’’ means the Lifecycle Stage of a Capital Project when physical production of fixed works and structures, or substantial alterations to such structures or land, or production of vehicles and equipment are accomplished and commissioned for operational use. Construction includes associated project administration, test of equipment as appropriate, systems integration testing, workforce training, system certification, procurement of insurance, pre-revenue service, start-up testing, and other related costs.

e. ‘‘Final Design (FD)’’ means the Capital Project Lifecycle Stage when final design and engineering plans and specifications necessary for the Construction stage is completed, and at a minimum, includes (1) the preparation of final design plans consistent with the applicable environmental decision document, and detailed specifications,

(2) the preparation of an updated Project Management Plan, (3) preparation of an updated project schedule, Capital Cost Estimate, and other necessary plans that may include a financial plan for Major Capital Projects, sufficiently detailed to inform decision makers of the actions required to advance the project through completion of Final Design and Construction. FD may include early construction or relocations and procure equipment and materials during the final design stage, when such work is permissible under applicable law, and may be combined with Construction with the use of alternative delivery methods.

f. ‘‘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.

g. ‘‘Inventory Period’’ means the two-year period starting on the date the applicable Northeast Corridor Project Inventory was published.

h. ‘‘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.’’

i. ‘‘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.

Each sequential stage involves specific activities. FRA evaluates project readiness for a Lifecycle Stage when considering a project for funding.

j. ‘‘Major Capital Project’’ means a Capital Project with a Capital Cost Estimate of $500 million and with at least $100 million in federal assistance under the FSP Program.

k. ‘‘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:// railroads.dot.gov/rail-network-development/environment/environment.

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l. ‘‘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).

m. ‘‘NEC Planning Documents’’ means the Northeast Corridor Commission’s CONNECT NEC 2035 and the FY 2023– 2027 Northeast Corridor Capital Improvement Plan.

n. ‘‘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 construction of a specific Capital Project in their current form.

o. ‘‘Project Development’’ means the Capital Project Lifecycle Stage during which (1) the environmental review process required under NEPA and other related environmental laws is completed, and the permitting processes is advanced as appropriate; (2) preliminary engineering and other preliminary design is completed to support the environmental review and preparation of estimates of risk, costs, benefits and impacts; (3) a Project Management Plan is prepared that, among other things, identifies procurement requirements and strategies; (4) preparation of the detailed project schedule and cost estimate; and

(5) preparation of a financial plan for Major Projects and other necessary plans.

p. ‘‘Project Planning’’ means the Capital Project Lifecycle Stage during which the Project Sponsor (1) identifies capital project concepts to address transportation needs and opportunities;

(2) identifies and compares costs, benefits and impacts of project options;

and (3) identifies the impacted environmental resources and engages with interested parties, agencies and infrastructure owners.

q. ‘‘Project Management Plan’’ means a document, prepared in accordance with guidance, that describes how the Capital Project will be implemented, monitored, and controlled to help the applicant effectively, efficiently, and safely deliver the project on-time, within-budget, and at the highest appropriate quality.

r. ‘‘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 assure 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.

s. ‘‘Risk Assessment’’ means the Major Capital Project cost and schedule risk assessment is 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. It also documents how the estimate accounts for the range of potential costs associated with project uncertainties.

t. ‘‘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).

B. Federal Award Information

1. Available Award Amount

The total funding available for awards under this NOFO is up to $8,979,150,000 made available by Supplemental Appropriations and the Appropriations Act, as follows:

a. Up to $8,928,000,000 in Supplemental Appropriations: IIJA provided $36,000,000,000 in Supplemental Appropriations for the FSP Program, with not more than $24,000,000,000 made available for projects for the NEC ($4,800,000,000 made available per year for fiscal years 2022 through 2026). After the funding set aside for FRA award and project management oversight and the planning and development activities authorized at 49 U.S.C. 24911(k), up to $8,928,000,000 in funding made available for fiscal years 2022 and 2023 is available for FSP awards under this

NOFO.

b. Up to $51,150,000 in fiscal year 2022 annual appropriations: The Appropriations Act provided $100,000,000 for the FSP Program.

Consistent with 49 U.S.C. 24911(d)(3), a minimum of 45 percent and a maximum of 55 percent of this amount is for projects for the NEC. After the funding set aside for FRA award and project management oversight and the planning and development activities authorized at 49 U.S.C. 24911(k), at least $41,850,000 and up to $51,150,000 in fiscal year 2022 annual funding is made available for FSP awards under this

NOFO.

Should additional funds become available after the release of this FSP– NEC NOFO, FRA may elect to award such additional funds to applications received under this NOFO. Any selection and award under this NOFO is subject to the availability of appropriated funds.

2. Award Size

There are no predetermined minimum or maximum dollar thresholds for awards. FRA intends to make selections consistent with the NEC Project Inventory, subject to the application and evaluation process. 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 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 and 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 for more information).

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 matching funds at the required percentage concurrent with Federal

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2 Generally, prior to receiving a PFA, the project sponsor must complete the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws for the project.

3 See Section D(2)(a)(iv) for supporting documentation required to demonstrate eligibility under this eligibility category.

4 In this NOFO, the terms ‘‘applicant’’ and ‘‘project sponsor’’ are used interchangeably.

5 If an applicant’s cost share agreement demonstrates the commitment of more non-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/ L19057. This template is subject to revision.

b. Letters of Intent and Phased Funding Agreements

FRA may issue Letters of Intent (LOI) or Phased Funding Agreements (PFA) to FSP applicants proposing Major Capital Projects. Applications for a Major Capital Project who are seeking an LOI or PFA must request an LOI or PFA in the Project Narrative and provide the additional information required in Section D.2.a.iii. FRA may independently determine that a project is appropriate for an LOI or PFA. FRA may also determine that a grant or cooperative agreement is the more appropriate funding vehicle for the project, or component of the project, even if a LOI or PFA is requested.

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

A PFA, authorized at 49 U.S.C.

24911(g)(2), is an agreement associated with the obligation of an initial grant award under the Partnership Program.

FRA may only enter into a PFA for highly rated Major Capital Projects. 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) 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.2

FRA anticipates limiting the use of PFAs to applications that include funding for the Construction Lifecycle Stage and are scheduled to enter the Final Design or Construction Lifecycle Stage within the Inventory Period. PFAs are contingent commitments and are not financial obligations of the Federal government. However, unlike LOIs, PFAs are agreements relating to the obligation of future funds in which FRA commits to provide funding as specified in the PFA, and subject to appropriation, for the duration of the project, as long as the grantee continues to meet the terms of the PFA. For a project with a PFA, FRA will provide grant funding in phases consistent with the terms of the PFA and within the established maximum amount of Federal financial assistance for the project.

c. 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 or plan to submit an application for funding the entire capital 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 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:

(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; 3

(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, or

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

The applicant is considered the project sponsor and will be the primary point of contact for the application, and if selected, the grantee of the FSP Program award.4 If a joint application is submitted under (8) above, one of the submitting applicants must be identified as the lead applicant to serve as the primary point of contact for the application, and if selected, as the grantee of the FSP Program award.

An application submitted by Amtrak and one or more States, whether eligible under (1), (2) or (6) 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 applicants (e.g., a private intercity passenger rail operator) in an application as a partner in project funding or implementation, but ineligible entities may not be the lead applicant nor, if selected, the grantee. If the applicant intends to partner with an ineligible entity, that intention should be made clear in the application and a letter of support from the ineligible entity outlining its roles and responsibilities for the project must be included in the application. Eligible applicants who partner with private operators of intercity passenger rail will be the primary point of contact and the primary recipient of the award and therefore will be responsible for administering and managing Federal funds and ultimately delivering the project. Eligible applicants must have necessary agreements to implement, manage, and oversee the project with all appropriate parties and submit these agreements as supporting documents with their application.

2. Cost Sharing or Matching FRA will evaluate the application based on the amount of Federal funds for the project requested in the application.5 The Federal share of total

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79425 Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices dollars than proposed in the application, the applicant should note the distinction and confirm that the difference was intentional.

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

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

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

NEC.

costs for FSP projects funded under this notice shall not exceed 80 percent. As stated in the NEC Project Inventory, FRA will generally fund Planning and Major Backlog projects applying under this notice up to 80 percent Federal share. FRA will generally fund Capital Renewal, Stations and Improvement projects applying under this notice between 50 and 80 percent Federal share. FRA will favorably consider a higher Federal share, within this range, for: i) projects that primarily repair, replace, or rehabilitate railroad assets such as track, structures, electric traction and power systems, and communication and signal systems, to bring such assets into a state of good repair, and ii) intercity passenger rail projects or projects that improve rail service consistent with 49 U.S.C.

24911(c)(2) and provide a high proportion of intercity passenger rail benefit relative to overall project benefits. Additionally, in preparing the Capital Cost Estimate, applicants should, as appropriate, consult available FRA guidance, including FRA’s cost estimate guidance documentation, ‘‘Capital Cost Estimating: Guidance for Project Sponsors’’.6

The non-Federal share may be comprised of public sector (e.g., State or local) or private sector 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 200.7 If repaid from non- Federal sources, Federal credit assistance is considered non-Federal share. 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 part 200.306.

If Amtrak is an applicant, Amtrak may use its ticket and other non-Federal revenues generated from its operations and other sources as well as funding provided by the Supplemental Appropriations under the heading ‘‘Northeast Corridor Grants to the National Railroad Passenger Corporation’’ to satisfy the non-Federal share requirements. Applicants must identify the source(s) of their matching and other funds and must clearly and distinctly reflect these funds as part of the total project cost.

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(5)). Cost sharing or matching may be used only for authorized Federal award purposes.

3. Other

a. Project Eligibility

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,8 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, 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. A project that uses rolling stock or equipment originating from a ‘‘country of concern’’ or from a state-owned enterprise, as those terms are defined under Sec. 49 U.S.C. 20171, is ineligible.

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

b. Application Tracks Applicants are not limited in the number of applications for which they seek funding. FRA expects 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—Final Design (FD) and Construction.

i. Track 1—Planning Studies and Project Planning:

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. Project Planning includes planning specific to a Capital Project. Examples include the development of a purpose and need study for a proposed capital project;

development of conceptual design concepts that establish the type and scope of identified capital improvements; an alternative analysis identifying the costs, benefits, service option, and methodology for eliminating preliminary project alternatives; an environmental analysis that addresses resources and potential environmental effects both to natural and the human environment.

ii. Track 2—Project Development:

Track 2 consists of projects for eligible

Project Development activities. Project development includes design, environmental and other studies to ensure the project is ready for Final Design and Construction. Examples include: PE activities such as development of 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

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79426 Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices modeling, surveying, project work/ management plans, preliminary cost estimates, and preliminary project schedules; and activities required to complete review under NEPA and associated laws, to advance permitting processes as appropriate, and to inform economic benefits assessments. Project Development activities funded under this NOFO should result in capital projects that are sufficiently developed to support FD or Construction activities, including with respect to equipment.

iii. Track 3—FD, FD/Construction, or Construction:

Track 3 consists of projects for eligible FD and/or Construction, and project implementation and deployment activities, including with respect to equipment. Applicants must complete all necessary Project Planning and Project Development requirements for FD/Construction projects. FD funded under this track must resolve remaining uncertainties or risks associated with the design and scope of the Capital Project; address procurement processes;

and update and refine the schedule, cost estimate, and plans for financing the project to reflect accurately the expected year-of expenditure costs and cash flow projections. Prior to obligation, applicants selected for funding for FD/ Construction or Construction only 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 (ADA); (B) NEPA is completed for the proposed project;

(C) the applicant has entered into the appropriate agreements with key project partners, including infrastructure-owning entities; and (D) a Project Management Plan is complete and up-to-date for managing the implementation of the proposed project, including the management and mitigation of project risks.

D. Application and Submission Information

Required documents for the application are outlined in the following paragraphs. Applicants should, as appropriate, consult available FRA guidance when developing applications.

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. Such supporting documentation will not count against the Project Narrative 25-page limit.

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 5 p.m. ET, on March 27, 2023. 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/ web/grants/applicants/organization-registration.html.

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://railroads.dot.gov/grant-administration/applying-grants/ competitive-grants-application-process.

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;

telephone: 202–578–9337.

The 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 holidays). For information and instructions on each of these processes, please see instructions at: https:// www.grants.gov/web/grants/applicants/ apply-for-grants.html.

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. To support the application, applicants may provide other relevant and available optional supporting documentation that may have been developed by the applicant, especially such documentation that demonstrates completion of appropriate Lifecycle Stage(s) of a Capital Project.

Additionally, applicants selected to receive funding must satisfy the requirements in 49 U.S.C. 229003 and 22905, including FRA’s Buy America requirement and conditions explained in part at https://www.fra.dot.gov/page/ P0185 and further in section F.2 of this notice.

All forms needed for the electronic application process are at www.Grants.gov. Applicants must submit the following with their application packages. The required attachments and Grants.Gov generated forms are outlined in the checklists below. Applications that do not complete and submit each of the required documents below will be considered incomplete and will not be reviewed.

Required Attachments

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

2. Grant Template Attachments 2–5 (see

D.2.b.i)

3. Funding Commitment Supporting

Documentation (see D.2.a.iii)

4. Financial Plan or Funding Plan (see

D.2.a.x.B.3)

5. Draft Agreement required under 49

U.S.C. 22905(c)(1), if applicable (see D.2.b.ii)

Grants.Gov Generated Forms Required

(MUST BE SIGNED)

A. SF424—Application for Federal Assistance

B. SF 424A—Budget Information for Non-Construction (for an equipment procurement project or non-Construction project) OR SF 424C—Budget Information for Construction

C. FRA’s F 251—Applicant Financial Capability Questionnaire

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

E. SF LLL—If reportable lobbying activities exist, Certification Regarding Debarment, Suspension and Other Responsibility Matters, Drug Free Workplace Requirements and Disclosure of Lobbying Activities

F. SF 424B—Assurances for Non- Construction (for an equipment procurement project or non-

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79427 Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices

Construction project) OR SF 424D— Assurances for Construction

a. Project Narrative This section describes the minimum content required in the Project Narrative. 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 Cri-teria.

See D.2.a.iv.

v. Project Eligibility Criteria See D.2.a.v.

vi. Detailed Project Descrip-tion.

See D.2.a.vi.

vii. Project Location ............ See D.2.a.vii.

viii. Grade Crossing Infor-mation, if applicable.

See D.2.a.viii.

ix. Statutory Criteria ............ See D.2.a.ix.

x. Evaluation and Selection

Criteria.

See D.2.a.x.

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 page, table of contents, and supporting documentation). FRA will not review or consider any pages within the Project Narratives beyond the 25-page limitation. 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 Name

Lead Applicant Name/Project Sponsor.

Amount of Federal Funding Requested in this Application.

Proposed Non-Federal Match.

Total Project Cost/Total Project Cost For Lifecycle Stage beginning by 2024 ............................................................. $l/$l

LOI/PFA Requested? ..................................................................................................................................................... Yes/No.

If PFA Funding Requested, Provide Amount of:

—Request under this NOFO for initial obligation ................................................................................................... Initial Obligation:

—Request under this NOFO for scheduled obligations under a PFA (This equals the remaining amount of the

Total Project Cost.).

Total Future Obligations:

The above amounts combined should equal the Total Project Cost.

If LOI Requested, Provide Amount of:

—Request under this NOFO for obligation and ..................................................................................................... Obligation Amount:

—Requested amount under LOI which may be applied for under future NOFOs (This may or may not equal the remaining amount of the Total Project Cost.).

LOI Amount:

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

If Yes, State the Name of the Federal Grant Program and Title of the Project in the Previous Application ............... Federal Grant Program:

Current Project Lifecycle Stage.

Project Lifecycle Stage(s) to be Funded in this Application.

Intercity Passenger Rail Service(s) Benefiting from the Project.

For shared benefit projects, identify the Commuter Rail Passenger Transportation service(s) benefiting from the project.

Infrastructure Owner(s) of Project Assets.

City(-ies), State(s) Where the Project is Located.

Congressional District(s) Where the Project is Located.

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:

a. Indicate in table format the amount of Federal funding requested under this NOFO, the proposed non-Federal match, and total project cost based on the Capital Cost Estimate. Applications for a Major Capital Project seeking funding for Construction, must include the remaining budget needed to complete the Construction Lifecycle Stage, whether or not the applicant is seeking a PFA. Applications for a Major Capital Project seeking funding for Project Development must distinguish the amount requested under this NOFO and the amount for the LOI to be requested under future NOFOs. The Capital Cost Estimate 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.

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.