FY21 Federal-State Partnership for State of Good Repair.pdf

70582 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices service day inspection must be completed for one year until June 1, 2023. GGRM states that the annual inspection of #2472 was completed, but the extension would allow GGRM to recover from schedule delays and revenue losses caused by the COVID–19 pandemic.

A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov.

Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request.

All communications concerning these proceedings should identify the appropriate docket number and may be submitted at www.regulations.gov.

Follow the online instructions for submitting comments.

Communications received by January 24, 2022 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT) solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy.

See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov.

Issued in Washington, DC.

John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer.

[FR Doc. 2021–26721 Filed 12–9–21; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA–2021–0082]

Notice of Availability of a Final General Conformity Determination for the California High-Speed Rail System, Burbank to Los Angeles Section

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

ACTION: Notice.

SUMMARY: FRA is issuing this notice to advise the public that it is issuing a Final General Conformity Determination (FCD) for the Burbank to Los Angeles Section of the California High-Speed Rail (HSR) System.

FOR FURTHER INFORMATION CONTACT:

Andréa Martin, Senior Environmental Protection Specialist, Office of Railroad Policy and Development (RPD), telephone: (202) 493–6201, email:

Andrea.Martin@dot.gov; or Marlys Osterhues, Chief, Environment and Project Engineering, RPD, telephone:

(202) 493–0413, email:

Marlys.Osterhues@dot.gov.

SUPPLEMENTARY INFORMATION: Pursuant to 23 U.S.C. 327 (Section 327), the California High-Speed Rail Authority (CHSRA or Authority) has assumed FRA’s environmental review responsibilities under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). However, under Section 327, FRA remains responsible for compliance with the Clean Air Act General Conformity requirements. In compliance with NEPA and the California Environmental Quality Act (CEQA), the Authority published a Final Environmental Impact Record/Final Environmental Impact Statement (EIR/ EIS) for the Burbank to Los Angeles Section of the California High-Speed Rail (HSR) System on November 5, 2021. The Final EIR/EIS is available at https://hsr.ca.gov/programs/ environmental-planning/project-section-environmental-documents-tier-2/ burbank-to-los-angeles-project-section-draft-environmental-impact-report-environmental-impact-statement/.

FRA prepared a Draft General Conformity Determination, pursuant to 40 CFR part 93, subpart B, which establishes the process for complying with the General Conformity requirements of the Clean Air Act. FRA published a notice in the Federal Register on September 20, 2021 advising the public of the availability of the Draft Conformity Determination for a 30-day review and comment period.

The Draft Conformity Determination was published at http:// www.regulations.gov, Docket No. FRA– 2021–0082. The comment period of the Draft Conformity Determination closed on October 20, 2021. FRA received one comment expressing support for the project and Draft General Conformity Determination.

FRA prepared the Final General Conformity Determination pursuant to 40 CFR part 93, subpart B, and based on the Authority’s coordination with the U.S. Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and the South Coast Air Quality Management District (SCAQMD). The analysis found that construction period emissions would exceed the General Conformity de minimis threshold for Nitrogen Oxides (NOX). However, operation of the Project would result in an overall reduction of regional emissions of all applicable air pollutants and would not cause a localized exceedance of an air quality standard. Consistent with the General Conformity Rule, the Authority will ensure all remaining emissions that exceed the de minimis thresholds, after implementation of the impact avoidance and minimization features and onsite mitigation measures, will be offset through an agreement with SCAQMD.

The Authority and SCAQMD will enter into an agreement after receipt of construction funding but prior to the start of construction. Based on this commitment, FRA determined the Project will conform to the requirements in the approved State Implementation Plan.

The Final General Conformity Determination is available at http:// www.regulations.gov, Docket No. FRA– 2021–0082, and FRA’s website at https://railroads.dot.gov/environment/ environmental-reviews/clean-air-act-california-general-conformity-determinations.

Issued in Washington, DC, Jamie P. Rennert, Director, Office of Infrastructure Investment.

[FR Doc. 2021–26709 Filed 12–9–21; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Federal-State Partnership for State of Good Repair Program

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

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70583 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices

1 Funds made available under this NOFO are subject to 49 U.S.C. 24911 as it existed on the day of the enactment of the Appropriations Act.

ACTION: Notice of Funding Opportunity (NOFO or notice).

SUMMARY: This notice details the application requirements and procedures to obtain grant funding for eligible projects under the Federal-State Partnership for State of Good Repair Program (Partnership Program). This notice solicits applications for Partnership Program funds made available by the Consolidated Appropriations Act, 2021. The opportunity described in this notice is made available under Assistance Listings Number 20.326, ‘‘Federal-State Partnership for State of Good Repair.’’ DATES: Applications for funding under this solicitation are due no later than 5:00 p.m. ET, March 7, 2022. Late or incomplete applications 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 Policy and Planning, 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 Mr. Bryan Rodda, Office of Policy and Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38–203, Washington, DC 20590; email:

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

SUPPLEMENTARY INFORMATION: This notice wholly supersedes and cancels FRA’s prior notice for this program, published in the Federal Register on December 7, 2021 (86 FR 69352), which was incomplete. Applicants should refer only to this notice for application requirements and procedures.

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

Our nation’s rail network is a critical component of the U.S. transportation system and economy. Prior to the coronavirus disease 2019 (COVID–19) pandemic, rail carried over 32.5 million passengers on Amtrak services and approximately 1.6 billion tons of freight valued at over $600 billion each year.

The Partnership Program provides a Federal funding opportunity to improve American passenger rail infrastructure to enhance rail safety, reduce the backlog of deferred maintenance for Amtrak or publicly owned or controlled railroad assets, create new opportunities for underserved communities, and invest in projects that support and spur economic growth.

The purpose of the Partnership Program is to fund projects within the United States to repair, replace, or rehabilitate Qualified Railroad Assets to reduce the state of good repair backlog and improve Intercity Passenger Rail performance. Section E of this NOFO provides additional information on these program priorities.

The Partnership Program is authorized in Sections 11103 and 11302 of the Passenger Rail Reform and Investment Act of 2015 (Title XI of the Fixing America’s Surface Transportation (FAST) Act, Pub. L. 114–94 (2015));

codified at 49 U.S.C. 24911, and this NOFO is funded by the Consolidated Appropriations Act, 2021 (Pub. L. 116–

260) (Appropriations Act).1 The opportunity described in this notice is made available under Assistance

Listings Number 20.326, ‘‘Federal-State Partnership for State of Good Repair.’’

Consistent with Biden-Harris Administration priorities, the Department seeks to fund projects under the Partnership Program that address climate change impacts and environmental justice. Projects should include components that reduce emissions, promote energy efficiency, increase resilience, and recycle or redevelop existing infrastructure. This objective is consistent with Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619). As part of the Department’s implementation of that Executive Order, the Department encourages the submission of applications that would direct resources and benefits towards low-income communities, overburdened communities, or communities underserved by affordable transportation.

The Department also seeks to use the Partnership Program to encourage racial equity by investing in projects that proactively address racial equity and barriers to opportunity. Projects should include components that improve or expand transportation options and mitigate the safety risks and detrimental quality of life effects that rail lines can have on communities, particularly low-income areas, and communities of color.

This objective supports the Department’s strategic goal related to infrastructure, with the potential for significantly enhancing environmental stewardship and community partnerships, and reflects Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009). Section E describes the climate change, environmental justice, and racial equity considerations further.

The Partnership Program is intended to benefit both railroad assets in the Northeast Corridor (‘‘NEC’’) and public or Amtrak-owned or controlled infrastructure, equipment, and facilities located in other areas of the country.

Applicants should note that the Partnership Program has distinct eligibility requirements based on project location. In addition to the generally applicable requirements, applicants proposing NEC Projects should specifically review the NEC-specific requirements provided in Section C(3)(b), and the Qualified Railroad Asset information provided in Section D(2)(a)(vi) while applicants proposing Non-NEC Projects should review the Qualified Railroad Asset information provided in Section D(2)(a)(v).

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70584 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices

2 For any project that includes purchasing intercity passenger rail equipment, applicants are encouraged to use a standardized approach to the procurement, such as the specifications developed by the Next Generation Corridor Equipment Pool Committee or a similarly uniform process.

2. Changes From FY 2020 Partnership Program NOFO

This notice updates the FY 2020 Partnership Program NOFO to reflect the Biden-Harris Administration’s priorities for creating good-paying jobs, improving safety, applying transformative technology, and explicitly addressing climate change and racial equity as discussed in Section E(1)(c)(ii).

This notice expands the definition of Capital Project, making expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way) of a Capital Project eligible for funding independently or in conjunction with proposed funding for construction or acquisition, as directed by the Appropriations Act.

3. Definitions of Key Terms

Terms defined in this section are capitalized throughout this notice.

a. ‘‘Benefit-Cost Analysis’’ (or ‘‘Cost- Benefit Analysis’’) is a systematic, data-driven, and transparent analysis comparing monetized project benefits and costs, using a no-build baseline and properly discounted present values, including concise documentation of the assumptions and methodology used to produce the analysis, a description of the baseline, data sources used to project outcomes, values of key input parameters, basis of modeling (including spreadsheets, technical memos, etc.), and presentation of the calculations in sufficient detail and transparency to allow the analysis to be reproduced and sensitivity of results evaluated by FRA. Please refer to the Benefit-Cost Analysis (BCA) Guidance for Discretionary Grant Programs prior to preparing a BCA at https:// www.transportation.gov/office-policy/ transportation-policy/benefit-cost-analysis-guidance. In addition, please also refer to the BCA FAQs on FRA’s website for rail-specific examples of how to apply the BCA Guidance for Discretionary Grant Programs to Partnership Program applications.

b. ‘‘Capital Project’’ means a project primarily intended to replace, rehabilitate, or repair major infrastructure assets utilized for providing Intercity Passenger Rail service, including tunnels, bridges, stations, and other assets, as determined by the Secretary of Transportation; a project primarily intended to improve Intercity Passenger Rail performance, including reduced trip times, increased train frequencies, and higher operating speeds, and other improvements, as determined by the Secretary; and a project for expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way) of a project, consistent with 49 U.S.C.

24911(a)(2) and the Appropriations Act.

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

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

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

f. ‘‘Intercity Rail Passenger Transportation’’ means rail passenger transportation, except Commuter Rail Passenger Transportation, consistent with 49 U.S.C. 24911(a)(3). In this notice, ‘‘Intercity Passenger Rail’’ is an equivalent term to ‘‘Intercity Rail Passenger Transportation.’’

g. ‘‘Major Capital Project’’ means a Capital Project with an estimated total project cost of $300 million or more.

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

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

i. ‘‘NEC Project’’ means a Capital Project where the Qualified Railroad Assets involved in the project are part of, or in primary use for, the Northeast Corridor (‘‘NEC’’).

j. ‘‘Non-NEC Project’’ means a Capital Project where the Qualified Railroad Assets involved in the project are not part of, or are not in primary use for, the Northeast Corridor (‘‘NEC’’).

k. ‘‘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)(4).

l. ‘‘Preliminary Engineering (PE)’’ means engineering design to: (1) Define a project, including identification of all environmental impacts, design of all critical project elements at a level sufficient to assure reliable cost estimates and schedules, (2) complete project management and financial plans, and (3) identify procurement requirements and strategies. The PE development process starts with specific project design alternatives that allow for the assessment of a range of rail improvements, specific alignments, and project designs. PE generally occurs concurrently with NEPA and related analyses, and prior to FD and Construction.

m. A ‘‘Qualified Railroad Asset,’’ consistent with 49 U.S.C. 24911(a)(5), means infrastructure, equipment, or a facility that:

i. Is owned or controlled by an eligible applicant;

ii. is contained in the planning document developed under 49 U.S.C.

24904 and for which a cost-allocation policy has been developed under 49 U.S.C. 24905(c), or is contained in an equivalent planning document and for which a similar cost-allocation policy has been developed; and

iii. was not in a State of Good Repair on the date of enactment of the Passenger Rail Reform and Investment Act of 2015 (December 4, 2015).

See Section D(2)(a), Project Narrative, for further details about the Qualified Railroad Asset requirements and application submission instructions related to Qualified Railroad Assets.2

n. ‘‘State of Good Repair’’ means a condition in which physical assets, both

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70585 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices

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

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 $198,000,000 made available by the Appropriations Act.

Should additional Partnership Program funds become available after the release of this 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 anticipates making multiple awards with the available funding. Given the limited amount of funding currently available, FRA may not be able to award grants to all eligible applications even if they meet or exceed the stated evaluation criteria (see Section E, Application Review Information). Projects may require more funding than is available. FRA encourages applicants to propose a project that has operational independence or a component of such project 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(3)(c) for more information.)

Applicants proposing a Major Capital Project may identify and describe project phases or elements that could be candidates for subsequent Partnership Program funding, if such funding becomes available. Applications for a Major Capital Project that would seek future funds beyond funding made available in this notice should indicate anticipated annual Federal funding requests from this program for the expected duration of the project. FRA may issue Letters of Intent to Partnership Program grant recipients proposing Major Capital Projects under 49 U.S.C. 24911(g); such Letters of Intent would serve to announce FRA’s intention to obligate an amount from future available budget authority toward a grant recipient’s future project phases or elements. A Letter of Intent is not an obligation of the Federal government and is subject to the availability of appropriations for Partnership Program grants and subject to Federal laws in force or enacted after the date of the Letter of Intent.

4. Award Type

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

Cooperative agreements allow for substantial Federal involvement in carrying out the agreed upon investment, including technical assistance, review of interim work products, and increased program oversight. The term ‘‘grant’’ is used throughout this document and is intended to reference funding awarded through a grant agreement, 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 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.

5. 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 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; or

(7) any combination of the entities described in (1) through (6).

Applications must identify a lead applicant. The lead applicant serves as the primary point of contact for the application, and if selected, as the grantee of the Partnership Program grant award. To submit a joint application, the lead applicant must identify the joint applicant(s) and include a signed statement from an authorized representative of each joint applicant entity that affirms the entity joins the application. See Section D(2) for further instructions about submitting a joint application.

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). Selection preference will be provided for joint applications, as further discussed in Section E(1)(c). Applications may reference entities that are not eligible applicants (e.g., private sector firms) in an application as a partner in project funding or implementation, but ineligible entities do not qualify as lead or joint applicants. FRA will provide selection preference only to joint applications submitted by multiple eligible applicants.

2. Cost Sharing or Matching

The Federal share of total costs for Partnership Program projects funded under this notice shall not exceed 80 percent. FRA will provide selection preference to applications where the proposed Federal share of total project

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

costs is 50 percent or less. 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. Additionally, in preparing estimates of total project costs, applicants may use FRA’s cost estimate guidance documentation, ‘‘Capital Cost Estimating: Guidance for Project Sponsors,’’ which is available at:

https://www.fra.dot.gov/Page/P0926.

The minimum 20 percent non-Federal share may be comprised of public sector (e.g., State or local) or private sector funding. FRA will not consider any Federal financial assistance 4 or any non-Federal funds already expended (or otherwise encumbered) toward the matching requirement, unless compliant with 2 CFR part 200. In-kind contributions, including the donation of services, materials, and equipment, may be credited as a project cost, in a uniform manner consistent with 2 CFR 200.306.

If Amtrak is an applicant, Amtrak may use its ticket and other non-Federal revenues generated from its operations and other sources 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(6).

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

3. Other

a. Project Eligibility

The following rail projects within the United States to replace or rehabilitate Qualified Railroad Assets and improve Intercity Passenger Rail performance are eligible for funding under 49 U.S.C.

24911, the Appropriations Act, and this

NOFO:

(1) Capital Projects to replace existing assets in-kind;

(2) Capital Projects to replace existing assets with assets that increase capacity or provide a higher level of service;

(3) Capital Projects to ensure that service can be maintained while existing assets are brought to a State of Good Repair; and

(4) Capital Projects to bring existing assets into a State of Good Repair.

Qualified Railroad Assets, as further defined in Section A(2), are owned or controlled by an eligible applicant and may include: Infrastructure, including track, ballast, switches and interlockings, bridges, communication and signal systems, power systems, highway-rail grade crossings, and other railroad infrastructure and support systems used in intercity passenger rail service; stations, including station buildings, support systems, signage, and track and platform areas; equipment, including passenger cars, locomotives, and maintenance-of-way equipment;

and facilities, including yards and terminal areas and maintenance shops.

Capital Projects, as further defined in Section A(2), may include PE, NEPA, Final Design, Construction, or expenses incidental to the acquisition or Construction of a Capital Project.

Corridor or project-specific planning studies are not eligible. Pre- Construction activities are eligible for funding independently or in conjunction with proposed funding for construction.

PE/NEPA examples include:

Engineering drawings and specifications (scale drawings at the 30% 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. PE/NEPA projects funded under this NOFO must be sufficiently developed to support FD or Construction activities. (See Section D(2)(a)(xii) for additional information.)

b. Additional Eligibility Requirements for NEC Projects

This section provides additional eligibility requirements for NEC Projects. Applicants proposing Non- NEC Projects are not subject to the requirements in this section and do not need to respond to them in their application and may proceed to Section C(3)(c) below.

In the Partnership Program, grant funds may not be provided to an eligible recipient for an eligible NEC Project unless Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location on the NEC are in compliance with 49 U.S.C. 24905(c)(2).

Applicants must demonstrate compliance with 49 U.S.C. 24905(c)(2) by describing the status of compliance with such cost-allocation policy between Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location, which may include demonstrating that such authorities are excepted from allocating costs for the proposed NEC Project, such as for a project that solely benefits intercity passenger rail, consistent with 49 U.S.C.

24905(c)(1)(A)(ii). Such providers must maintain compliance with 49 U.S.C.

24905(c)(2) for the duration of the project.

c. Project Component

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

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

D. Application and Submission Information

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

1. Address To Request Application Package

Applicants must submit all application materials in their entirety through http://www.Grants.gov no later than 5:00 p.m. ET, on March 7, 2022.

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

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

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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 Lou Lorello, Office of the Chief Financial Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W36–111, Washington, DC 20590; email:

lou.lorello@dot.gov; phone: 202–493– 8026.

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.

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

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

• Project Narrative (see D.2.a).

• Statement of Work (see D.2.b.i).

• Benefit-Cost Analysis (see D.2.b.ii).

• Environmental Compliance Documentation (see D.2.b.iii).

• SF424—Application for Federal Assistance.

• SF 424C—Budget Information for Construction, or, for an equipment procurement project or non- Construction project, SF 424A—Budget Information for Non-Construction.

• SF 424D—Assurances for Construction, or, for an equipment procurement project or non- Construction project, SF 424B— Assurances for Non-Construction.

• FRA’s Additional Assurances and Certifications.

• SF LLL—Disclosure of Lobbying Activities.

• Draft Agreement required under 49 U.S.C. 22905(c)(1), if applicable (see D.2.b.xi).

a. Project Narrative

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

I. Cover Page .................................. See D.2.a.i II. Project Summary ....................... See D.2.a.ii III. Project Funding ........................ See D.2.a.iii

IV. Applicant Eligibility Criteria .. See D.2.a.iv V. Non-NEC Project Eligibility

Criteria.

See D.2.a.v

VI. NEC Project Eligibility Criteria See D.2.a.vi VII. Detailed Project Description .. See D.2.a.vii VIII. Project Location ..................... See D.2.a.viii IX. Grade Crossing Information, if applicable.

See D.2.a.ix

X. Evaluation and Selection Cri-teria.

See D.2.a.x

XI. Project Implementation and Management.

See D.2.a.xi

XII. Environmental Readiness ...... See D.2.a.xii

The above content must be provided in a narrative statement submitted by the applicant. The Project Narrative may not exceed 25 pages in length (excluding cover pages, table of contents, and supporting documentation). FRA will not review or consider 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 Title Lead Applicant Name Joint Applicant(s) Name(s), if any Amount of Federal Funding Requested Under this NOFO Proposed Non-Federal Match Total Project Cost 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:

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: Indicate in table format the amount of Federal funding requested, the proposed non-Federal match, and total project cost. Identify the source(s) of matching and other funds, and clearly and distinctly reflect these funds as part of the total project cost in the application budget. Include funding commitment letters outlining funding agreements, as attachments or in an appendix. If Federal funding is proposed as match, demonstrate the applicant’s determination of eligibility for such use, and the legal basis for that determination. Also, note if the requested Federal funding under this NOFO or other programs must be obligated or spent by a certain date due to dependencies or relationships with other Federal or non-Federal funding sources, related projects, law, or other factors. If applicable, provide the type and estimated value of any proposed in-kind contributions, as well as substantiate how the contributions meet the requirements in 2 CFR 200.306. For a Major Capital Project that would seek future funds beyond funding made available in this notice, provide the anticipated annual Federal funding requests from this grant program, anticipated future non-Federal match, and total project cost for the entire expected duration of the project.

Finally, specify whether Federal funding for the project has previously been sought, and identify the Federal program and fiscal year of the funding request(s), as well as highlight new or revised information in the Partnership Program application that differs from the application(s) to other financial assistance programs.

Example Project Funding Table:

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

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

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

In-Kind:

Portion of Non-Federal Funding from the Private Sector Portion of Total Project Costs Spent in a Rural Area Pending Federal Funding Requests

iv. Applicant Eligibility Criteria:

Explain how the lead applicant and joint applicant(s) meet the applicant eligibility criteria outlined in Section C of this notice. For public agencies and publicly chartered authorities established by one or more States, the explanation must include citations to the applicable enabling legislation. To submit a joint application, the lead applicant must identify the joint applicant(s) and include a signed statement from an authorized representative of each joint applicant entity that affirms the entity joins the application.

For joint applications involving Amtrak and one or more States, Amtrak and the State(s) must provide a cooperative agreement for the project signed by authorized representatives of Amtrak and each State. Joint applications are expected to include a description of the roles and responsibilities of each applicant, including budget and subrecipient information showing how the applicants will share project costs.

v. Non-NEC Project Eligibility Criteria:

This section provides project eligibility requirements for Non-NEC Projects.

Applicants proposing NEC Projects may skip this section and proceed to section D(2)(a)(vi). For Non-NEC Projects, demonstrate that the proposed project is a Capital Project that meets the project eligibility criteria in Section C(3) of this notice. Further, demonstrate that the infrastructure, equipment and/or facilities involved in the proposed project are Qualified Railroad Assets under 49 U.S.C. 24911(a)(5), as follows:

(A) To demonstrate ownership or control by an eligible applicant under 49 U.S.C. 24911(a)(5)(A), show either:

(1) The lead or joint applicant owns or will, at project completion, have ownership of the infrastructure, equipment, or facility improved by the project; or

(2) The lead or joint applicant controls or will, at project completion, have control over the infrastructure, equipment, or facility improved by the project including by agreement with the infrastructure, equipment, or facility owner(s). Applicants should describe such agreement(s) in sufficient detail in their application for FRA to understand the extent of the control, including the lead or joint applicant’s management and decision-making authority regarding the infrastructure, equipment, or facility improved by the project, and the remaining or anticipated duration of the agreement(s). Agreements involving railroad rights-of-way should also demonstrate the lead or joint applicant has train dispatching and maintenance-of-way responsibilities for the right-of-way.

(B) To demonstrate the requirements under 49 U.S.C. 24911(a)(5)(B), show that the infrastructure, equipment, or facilities involved in the proposed project are contained in a planning document equivalent to the planning document developed under 49 U.S.C.

24904 and for which a similar cost-allocation policy to the cost-allocation policy developed under 49 U.S.C.

24905(c) has been developed.

Non-NEC Projects may satisfy the equivalent planning document requirement described above by demonstrating the project is contained in the planning document(s) prepared under 49 U.S.C. Chapter 227, ‘‘State Rail Plans,’’ for the State(s) where the infrastructure, equipment and facilities are located or in primary use.

Applicants with projects contained in a State Rail Plan should indicate the location (e.g., table or page number) where the project is discussed in the document. If a project is not contained in the State Rail Plan, applicants may demonstrate the infrastructure, equipment and facilities involved in the proposed project are contained in an alternate equivalent planning document or amend the relevant State Rail Plan(s) to contain the project. Amending a State Rail Plan requires a letter to FRA from an authorized representative of the relevant State rail transportation authority adding the proposed project to the plan and stating that the letter serves as an addendum to the current plan.

Such a letter should include the project name, a brief description of the project, and estimated project cost and Federal and non-Federal share by funding source. FRA encourages State rail transportation authorities to make any such addendum letters publicly available with their State Rail Plans.

FRA recommends such letters be submitted as part of an applicant’s Partnership Program application via Grants.gov. Whether submitted as part of a Partnership Program application package or separately to FRA, FRA must receive the letter by the application due date of this notice.

Non-NEC Projects must satisfy the similar cost-allocation policy requirement either by demonstrating the infrastructure, equipment or facilities involved in the proposed project are for routes subject to the cost-sharing methodology adopted under Section 209 of the Passenger Rail Investment and Improvement Act of 2008 (PRIIA), Public Law 110–432, Oct.