FY22 CRISI Federal Register NOFO.pdf

54278 Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Notices with certain affiliated investment entities.

APPLICANTS: John Hancock Asset-Based Lending Fund, John Hancock Investment Management LLC, Marathon Asset Management LP, Marathon Secured Private Strategies Master Fund II A, L.P., Marathon Secured Private Strategies Master Fund II B, L.P., Marathon Secured Private Strategies REIT II, LLC, Marathon Health Care Finance Fund, L.P., Marathon Healthcare Finance (Europe) Investment Fund, Marathon Distressed Credit Master Fund, Marathon Distressed Credit Master (Cayman) Fund, LP, Marathon StepStone Master Fund LP, Marathon Securitized Credit Master Fund, Ltd, Marathon ECO IV SCA SICAV–RAIF, Marathon Centre Street Partnership, LP, TRS Credit Fund, LP, Marathon Blue Grass Credit Fund, LP, Marathon Currituck Fund, LP—Series A, Marathon Currituck Fund, LP— Series C, Marathon Currituck Fund, LP—Series D, Marathon Secured Private Strategies Master Fund III A, L.P., Marathon Secured Private Strategies Master Fund III B, L.P., Marathon Secured Private Strategies Master Fund III C, L.P., Marathon SPS IA Fund, L.P., Marathon Strategic Opportunities Program, LP.

FILING DATES: The application was filed on December 1, 2021, and amended on May 11, 2022 and August 8, 2022.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC’s Secretary at Secretarys-Office@sec.gov and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. Hearing requests should be received by the Commission by 5:30 p.m. on September 23, 2022, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0–5 under the Act, hearing requests should state the nature of the writer’s interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested.

Persons who wish to be notified of a hearing may request notification by emailing the Commission’s Secretary at Secretarys-Office@sec.gov.

ADDRESSES: The Commission:

Secretarys-Office@sec.gov. Applicants:

marathonlegal@marathonfund.com and aayanna@jhancock.com.

FOR FURTHER INFORMATION CONTACT:

Barbara T. Heussler, Senior Counsel, or Trace W. Rakestraw, Branch Chief, at

(202) 551–6825 (Division of Investment Management, Chief Counsel’s Office).

SUPPLEMENTARY INFORMATION: For Applicants’ representations, legal analysis, and conditions, please refer to Applicants’ second amended and restated application, dated August 8, 2022, which may be obtained via the Commission’s website by searching for the file number at the top of this document, or for an Applicant using the Company name search field, on the SEC’s EDGAR system. The SEC’s EDGAR system may be searched at, http://www.sec.gov/edgar/searchedgar/ legacy/companysearch.html. You may also call the SEC’s Public Reference Room at (202) 551–8090.

For the Commission, by the Division of Investment Management, under delegated authority.

J. Matthew DeLesDernier, Deputy Secretary.

[FR Doc. 2022–18968 Filed 9–1–22; 8:45 am]

BILLING CODE 8011–01–P

DEPARTMENT OF STATE

[Public Notice: 11846]

U.S. Advisory Commission on Public Diplomacy Notice of Meeting

The U.S. Advisory Commission on Public Diplomacy (ACPD) will hold an in-person public meeting with optional online viewing on Friday, September 23, 2022, from 12:00 p.m. until 1:15 p.m. During the meeting, a panel of policy and academic experts will discuss public diplomacy efforts to counter disinformation effects in sub- Saharan Africa.

This meeting is open to the public, including the media and members and staff of governmental and non-governmental organizations. The event will take place at the International Student House of Washington DC at 1825 R St. NW, Washington, DC. Please register for the in-person event here:

https://www.eventbrite.com/e/pd-approaches-to-countering-disinformation-in-sub-saharan-africa-tickets-400075385247. Doors will open at 11:30 a.m. There will be an option to view the event virtually by accessing the Zoom link in the Eventbrite invitation.

To request reasonable accommodation, please email ACPD Program Assistant Kristy Zamary at ZamaryKK@state.gov. Please send any request for reasonable accommodation no later than September 12, 2022.

Requests received after that date will be considered but might not be possible to fulfill.

Since 1948, the ACPD has been charged with appraising activities intended to understand, inform, and influence foreign publics and to increase the understanding of, and support for, these same activities. The ACPD conducts research that provides honest assessments of public diplomacy efforts, and disseminates findings through reports, white papers, and other publications. It also holds public symposiums that generate informed discussions on public diplomacy issues and events. The Commission reports to the President, Secretary of State, and Congress and is supported by the Office of the Under Secretary of State for Public Diplomacy and Public Affairs.

For more information on the U.S.

Advisory Commission on Public Diplomacy, please visit https:// www.state.gov/bureaus-offices/under-secretary-for-public-diplomacy-and-public-affairs/united-states-advisory-commission-on-public-diplomacy/, or contact Executive Director Vivian S.

Walker at WalkerVS@state.gov or Senior Advisor Deneyse Kirkpatrick at kirkpatrickda2@state.gov.

Vivian S. Walker, Executive Director, U.S. Advisory Commission on Public Diplomacy, Department of State.

[FR Doc. 2022–19083 Filed 9–1–22; 8:45 am]

BILLING CODE 4710–45–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Consolidated Rail Infrastructure and Safety Improvements 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 eligible projects under the Consolidated Rail Infrastructure and Safety Improvements Program for Fiscal Year 2022. This notice solicits applications for program funds made available by the Consolidated Appropriations Act, 2022 and the Infrastructure Investment and Jobs Act. This notice also solicits applications for projects under the Magnetic Levitation Technology Deployment Program, funded by the Consolidated Appropriations Act, 2021.

The opportunity described in this notice

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54279 Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Notices

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.

is made available under Assistance Listings Number 20.325, ‘‘Consolidated Rail Infrastructure and Safety Improvements,’’ and Assistance Listings Number 20.318, ‘‘Maglev Project Selection—SAFETEA–LU.’’ DATES: Applications for funding under this solicitation are due no later than 5 p.m. ET, December 1, 2022.

Applications that are incomplete or received after 5 p.m. ET, on December 1, 2022 will not be considered for funding. See section D of this notice for additional information on the application process.

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

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

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

douglas.gascon@dot.gov; phone: 202– 493–0239; or Ms. Deborah Kobrin, Office of Policy and Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33–311, Washington, DC 20590; email at deborah.kobrin@dot.gov or 202–420– 1281.

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 Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program is authorized under 49 U.S.C.

22907. The purpose of the CRISI Program is to invest in a wide range of projects within the United States to improve railroad safety, efficiency, and reliability; mitigate congestion at both intercity passenger and freight rail chokepoints to support more efficient travel and goods movement; enhance multi-modal connections; and lead to new or substantially improved Intercity Passenger Rail Transportation corridors.

This program invests in railroad infrastructure projects that improve safety, support economic vitality (including through small businesses), create good-paying jobs with the free and fair choice to join a union, increase capacity and supply chain resilience, apply innovative technology, and explicitly address climate change, gender equity and racial equity. The purpose of this notice is to solicit applications for the competitive CRISI Program provided in Consolidated Appropriations Act, 2022, division L, title I, Public Law 117–103 (2022 Appropriation) and the advanced appropriation in the Infrastructure Investment and Jobs Act, division J, title II, Public Law 117–58 (2021).

This NOFO also includes funds for eligible projects under the Magnetic Levitation Technology Deployment Program (Maglev Grants Program) and solicits applications for grants for eligible project costs for the deployment of magnetic levitation transportation projects, authorized under and funded in the Consolidated Appropriations Act, 2021, division L, title I, Public Law 116– 260 (2021 Appropriation), consistent with the language in section 1307(a) through (c) of Public Law 109–59 (SAFETEA–LU), as amended by section 102 of Public Law 110–244 (Technical Corrections Act) (23 U.S.C. 322 note).

Applications for Maglev Grants Program Funding that also seek funding under the CRISI Program will be evaluated consistent with the selection criteria for the Maglev Grants Program.

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

The Programs will be implemented, as appropriate and consistent with law, in alignment with the priorities in Executive Order 14052, Implementation of the Infrastructure Investments and Jobs Act (86 FR 64355), which are to invest efficiently and equitably, promote the competitiveness of the U.S.

economy, improve job opportunities by focusing on high labor standards, strengthen infrastructure resilience to all hazards including climate change, and to effectively coordinate with State, local, Tribal, and territorial government partners.

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

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

Environmental justice, as defined by the Environmental Protection Agency, is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. As part of the implementation of Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619), FRA seeks to fund projects that, to the extent possible, target at least 40 percent of benefits towards low-income communities, disadvantaged communities, communities underserved by affordable transportation, or

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54280 Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Notices

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

3 The definitions used in this Notice are consistent with FRA’s Draft Guidance on Development and Implementation of Railroad Capital Projects, currently available at https:// www.regulations.gov (docket number FRA–2022– 0035). The Draft Guidance may be subject to change.

4 For any project that includes purchasing Intercity Passenger Rail rolling stock, applicants are encouraged to use a standardized approach to the procurement of passenger rail equipment, such as the specifications developed by the Next Generation Corridor Equipment Pool Committee or a similar uniform process.

5 This definition only applies to projects eligible under the Maglev Grants Program. These projects may also be eligible for funding under the CRISI program consistent with 49 U.S.C. 22907(c).

overburdened 2 communities. For more information, please consult DOT’s disadvantaged communities mapping tool to determine if a proposed project impacts disadvantaged communities:

Transportation Disadvantaged Census Tracts (arcgis.com) and at: https:// usdot.maps.arcgis.com/apps/ dashboards/d6f90dfcc8b44525b04 c7ce748a3674a.

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

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

In addition to prioritizing projects that address climate change, proactively address racial equity, and reduce barriers to opportunity, FRA will also prioritize projects that support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and worker training and placement programs, especially registered apprenticeships and local hire agreements, in development.

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

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

Furthermore, consistent with the Department’s Rural Opportunities to Use Transportation for Economic Success (ROUTES) initiative, the Department seeks to award funding to rural projects that address deteriorating conditions and disproportionately high fatality rates and transportation costs in rural communities.

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

2. Definitions of Key Terms

Terms defined in this section are capitalized throughout this notice.3

a. ‘‘Benefit-Cost Analysis’’ (‘‘BCA’’) 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, and 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 for sensitivity of results evaluated by FRA. Please refer to the Benefit-Cost Analysis Guidance for Discretionary Grant Programs prior to preparing a BCA at https:// www.transportation.gov/office-policy/ transportation-policy/benefit-cost-analysis-guidance-discretionary-grant-programs-0. 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 CRISI applications.

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 consider the effects of the proposed 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.4

c. ‘‘Construction’’ means the Capital Project Lifecycle Stage 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 placed into operational use. Construction includes associated project administration, testing of equipment as appropriate, systems integration testing, workforce training, system certification, procurement of insurance, pre-revenue service start-up testing, and other related costs.

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

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

e. ‘‘Deployment of Magnetic Levitation Transportation Projects’’ means, for purposes of this NOFO, transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour.5

f. ‘‘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 completion of (1) the final design plans, consistent with the applicable environmental decision document, and detailed specifications,

(2) an updated Project Management Plan, (3) an updated project schedule, cost estimate, and other necessary plans that may include a financial plan, sufficiently detailed to inform decision makers of the actions required to advance the project through 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.

g. ‘‘Improvement’’ means repair or enhancement to existing rail infrastructure, or construction of new rail infrastructure, that results in efficiency of the rail system and the safety of those affected by the system.

h. ‘‘Intercity Rail Passenger Transportation’’ means rail passenger transportation, except commuter rail

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54281 Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Notices

6 Of the $1,625,000,000 in CRISI funding made available in the 2022 Appropriation and the advanced appropriation in division J of the Infrastructure Investment and Jobs Act, $46,177,098 will be separately made available for Special Transportation Circumstances grants, $120,860,000 will be set aside for the purposes, and in amounts, specified for Community Project Funding/ Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/ Congressionally Directed Spending’’ included in the joint explanatory statement, and $32,500,000 will be set aside for award and program oversight conducted by FRA.

7 FRA will give preference to projects that are located in the top 25 counties with the most pedestrian trespasser casualties.

passenger transportation. See 49 U.S.C.

22901(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. ‘‘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 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.

k. ‘‘Positive Train Control (PTC) system’’ is defined by 49 CFR 270.5 to mean a system designed to prevent train-to-train collisions, overspeed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position, as described in 49 CFR part 236, subpart I.

l. ‘‘Project Development’’ means Capital Project Lifecyle 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 the preparation of estimates of risk, costs, benefits, and impacts; (3) a project management plan is completed that identifies procurement requirements and strategies; and (4) the detailed project schedule, cost estimate, and other necessary plans that may include a financial plan are completed.

m. ‘‘Project Management Plan’’ means a documented plan 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.

n. ‘‘Preliminary Engineering (PE)’’ means engineering design to define a Capital Project, including identification of all environmental impacts, 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.

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

p. ‘‘Rural Project’’ means a project in which all or the majority of the project (determined by the geographic location or locations where the majority of the project funds will be spent) is located in a Rural Area.

q. ‘‘Significant Reduction in Emissions’’ as used in this NOFO, results from rehabilitating, remanufacturing, procuring, or overhauling: (1) a Non-Tiered, Tier 0, or Tier 1 locomotive to at least the Tier 2 level; (2) a Tier 2 locomotive to at least a Tier 4 level; or (3) any locomotive to an all-electric, renewable diesel, battery-powered, or other renewable energy locomotive. Non-tiered, Tier 0 and Tier 1 locomotives must be retired if replaced. Emission standards for line-haul and switch locomotives are set by the U.S. Environmental Protection Agency, 40 CFR part 1033, subpart B.

r. ‘‘Systems Planning’’ means the first Lifecycle Stage when planning activities that support the development of a railroad capital plan, a state or regional rail plan, or a corridor service development plan that may identify a Capital Project, are completed. Project planning (e.g., planning specific to a Capital Project such as a rail station or port improvement) is not eligible.

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

B. Federal Award Information

1. Available Award Amount The total funding available for awards under this NOFO is $1,427,462,902.6 The total funding includes $2,000,000 in FY 2021 funding for the Maglev Grant Program, as detailed in this section.

Should additional CRISI Program funds become available after the release of this NOFO, FRA may elect to award such additional funds to applications received under this NOFO.

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

a. Rural Area Set-Aside—At least $376,035,000, or 25 percent of amounts appropriated, will be made available for projects in rural areas as required in 49 U.S.C. 22907(g). FRA will consider a project to be in a Rural Area if all or the majority of the project (determined by the geographic location or locations where the majority of the project funds will be spent) is located in a Rural Area.

b. Intercity Passenger Rail Set-Aside— At least $150,000,000 will be made available for Capital Projects that support the development of new Intercity Passenger Rail Service routes including alignments for existing routes, as described in 49 U.S.C. 22907(c)(2) and as required in the 2022 Appropriation;

c. Trespassing Measures Set-Aside— At least $25,000,000 will be made available for the development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities, as described in 49 U.S.C. 22907(c)(11) 7 and as required in the 2022 Appropriation; and

d. Magnetic Levitation Deployment Projects Set-Aside—$2,000,000 in 2021 Appropriation funding will be made available for the Deployment of Magnetic Levitation Transportation Projects. In addition, up to $5,000,000 will be made available from the 2022 Appropriation for preconstruction planning activities and capital costs related to the deployment of magnetic levitation transportation projects.

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

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

22907(h)(4) to permit FRA to reimburse grantees for

2. Award Size

There are no predetermined maximum dollar thresholds for individual awards. FRA anticipates making multiple awards with the available funding. FRA may not be able to award grants to all eligible applications even if they meet or exceed the stated evaluation criteria (see section E, Application Review Information). FRA strongly encourages applicants to seek funding for the appropriate Lifecycle Stage of a Capital Project, consistent with the application tracks in section C(3)(c) below. Where an application includes multiple Lifecycle Stages of a Capital Project, FRA may decide to only award funds for what it determines is the appropriate Lifecycle Stage. Projects may require more funding than is available. FRA encourages applicants to propose a project that has operational independence, or a component of such project, that can be completed and implemented with funding under this NOFO as a part of the total project cost together with other, non-Federal sources. (See section C(3)(c) for more information).

3. Award Type

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

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

4. Concurrent Applications

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

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

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

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

1. Eligible Applicants

The following entities are eligible applicants under CRISI:

a. A State (including the District of Columbia).

b. A group of States.

c. An Interstate Compact.

d. A public agency or publicly chartered authority established by 1 or more States.

e. A political subdivision of a State.

f. Amtrak or another rail carrier that provides intercity rail passenger transportation (as rail carrier and intercity rail passenger transportation are defined in section 24102).

g. A Class II railroad or Class III railroad, including any holding company of a Class II railroad or Class III railroad (as those terms are defined in section 20102).

h. An association representing 1 or more railroads described in paragraph (g).

i. A federally recognized Indian Tribe.

j. Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the entities described in paragraphs (a) through (e).

k. The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.

l. A University transportation center engaged in rail-related research.

m. A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.

Applicants eligible to receive Maglev Grant Program Funds must be a State, States, or an authority designated by one or more States.

Amounts awarded from the 2022 Appropriation for otherwise eligible projects that implement or sustain Positive Train Control Systems are not subject to the limitation in 49 U.S.C.

22905(f) and may therefore be awarded for commuter rail passenger transportation projects. FRA may transfer such projects to the appropriate agency to administer.

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

2. Cost Sharing or Matching The Federal share of total costs for

CRISI Program projects funded under this notice shall not exceed 80 percent.

The estimated total cost of a project must be based on the best available information, including engineering studies, studies of economic feasibility, and environmental analyses.

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

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

The minimum 20 percent non-Federal share may be comprised of public sector funding (e.g., State or local) or private sector funding. FRA will not consider any Federal financial assistance 8 or any non-Federal funds already expended (or otherwise encumbered) toward the matching requirement, unless compliant with 2 CFR part 200. In-kind contributions, including the donation of services, materials, and equipment, may be credited as a project cost, in a uniform manner consistent with 2 CFR

200.306. In addition, applicants may

count costs incurred for PE associated with highway-rail grade crossing improvement projects, eligible under and as described in 49 U.S.C.

22907(c)(5), and trespassing prevention projects, as described in 49 U.S.C.

22907(c)(11), as part of the total project costs. Such costs are eligible as non- Federal share or for reimbursement, even if they were incurred before project selection for award, consistent with 49 U.S.C. 22907(h)(4).9 Such costs must

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Preliminary Engineering costs incurred before the date of project selection, if the costs would be permitted as part of total project costs if incurred after the date of project selection, and if they are consistent with 2 CFR part 200.

10 Only costs for FD and Construction stages and forward are eligible within this eligibility category.

11 These are planning activities normally performed during the Systems Planning Lifecycle Stage.

12 Workforce development, training and related eligible activities are not limited to those coordinated with the existing local training programs supported by the Department of Transportation, the Department of Labor, and the Department of Education.

13 This category covers projects that are eligible under the Maglev Grants Program. Projects under this category may also be eligible to receive CRISI Program funds, to the extent the application complies with all CRISI Program requirements.

Applications for funding under both Programs will be evaluated consistent with the selection criteria for the Maglev Grants Program.

have been incurred no earlier than November 15, 2021, and must be otherwise compliant with 2 CFR part 200 and the requirements of this CRISI Program.

If Amtrak or another rail carrier is an applicant under this CRISI Program, Amtrak or the other rail carrier, as applicable, may use ticket and other revenues generated from its operations and other sources to satisfy the non- Federal share requirements.

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

Only new scope (e.g., new deliverables) is eligible for funding under this NOFO.

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

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

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

3. Other

a. Eligibility

The following are eligible for funding under this NOFO:

i. Deployment of railroad safety technology, including positive train control and rail integrity inspection systems. PTC examples include: Back office systems; wayside, communications and onboard hardware equipment; software; equipment installation; spectrum; any component, testing and training for the implementation of PTC systems; and interoperability. Maintenance and operating expenses incurred after a PTC system is placed in revenue service are ineligible. Railroad safety technology and rail integrity inspection system examples include: broken rail detection and warning systems; track intrusion systems; and hot box detectors, wheel impact load detectors, and other safety improvements.10

ii. A capital project as defined in section 22901(2), except that a project shall not be required to be in a State rail plan developed under chapter 227.

iii. A capital project identified by the Secretary as being necessary to address congestion or safety challenges affecting rail service.

iv. A capital project identified by the Secretary as being necessary to reduce congestion and facilitate ridership growth in intercity passenger rail transportation along heavily traveled rail corridors.

v. A highway-rail grade crossing improvement project, including installation, repair, or improvement of grade separations, railroad crossing signals, gates, and related technologies, highway traffic signalization, highway lighting and crossing approach signage, roadway improvements such as medians or other barriers, railroad crossing panels and surfaces, and safety engineering improvements to reduce risk in quiet zones or potential quiet zones.

vi. A rail line relocation or improvement project.

vii. A capital project to improve short-line or regional railroad infrastructure.

viii. The preparation of regional rail and corridor service development plans and corresponding environmental analyses.11

ix. Any project that the Secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity rail passenger transportation and intercity bus service or commercial air service.

x. The development and implementation of a safety program or institute designed to improve rail safety.

xi. The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities. Examples include: trespass-related Capital Projects (such as physical barriers, fencing, or equipment), trespassing enforcement activities, and outreach campaigns resulting in trespasser deterrence and prevention.

xii. Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements.

xiii. Workforce development and training activities, coordinated to the extent practicable with the existing local training programs supported by the Department of Transportation, the Department of Labor, and the Department of Education.12

xiv. Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pressure environment.

xv. The preparation of emergency plans for communities through which hazardous materials are transported by rail.

xvi. Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a significant reduction of emissions.

xvii. Deployment of Magnetic Levitation Transportation Projects.13 Project eligibility is further provided in Track 5, as described in section C3(c)(v).

b. Component and Operational Independence

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

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

c. Application Tracks

Applicants are not limited in the number of projects for which they seek funding. FRA expects that applications identify only one of the following tracks for an eligible activity: Track 1— Systems Planning; Track 2—Project Development; Track 3—FD/ Construction; Track 4—Research, Safety Programs and Institutes; or Track 5– Deployment of Magnetic Levitation Transportation Projects. FRA strongly encourages applicants to seek funding for the appropriate Lifecycle Stage of a

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Capital Project, consistent with these application tracks. If an application seeks funding under more than one track, FRA may award funds for only one stage of a Capital Project.

i. Track 1—Systems Planning: Track 1 consists of projects for eligible rail planning. Examples include the technical analyses and associated environmental analyses that support the development of railroad capital plans, state rail plans, regional rail plans, and corridor service development plans, including: Identification of alternatives, rail network planning, market analysis, travel demand forecasting, revenue forecasting, railroad system design, railroad operations analysis and simulation, equipment fleet planning, station and access analysis, conceptual engineering and capital programming, operating and maintenance cost forecasting, capital replacement and renewal analysis, and economic analysis. Project-specific (e.g., planning specific to a Capital Project such as a rail station or port improvements) planning is not an eligible Track 1 project.

ii. Track 2—Project Development:

Track 2 consists of projects for eligible Project Development activities. PE examples include: 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; 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 including with respect to equipment.

iii. Track 3—Final Design (FD)/ Construction: Track 3 consists of projects for eligible FD and Construction, and project implementation and deployment activities, including with respect to equipment. Applicants must complete all necessary Planning, Project Development, PE and NEPA requirements for FD/Construction projects. FD funded under this track must resolve remaining uncertainties or risks associated with changes to 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 or program to reflect accurately the expected year-of expenditure costs and cash flow projections. Prior to obligation, applicants selected for funding for FD/Construction must demonstrate the following to FRA’s satisfaction: (A) PE is completed for the proposed project, resulting in project designs that are reasonably expected to conform to all regulatory, safety, security, and other design requirements, including those under the Americans with Disabilities Act (ADA); (B) NEPA is completed for the proposed project;

(C) the applicant(s) 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.

iv. Track 4—Research, Safety Programs and Institutes (Non-Railroad Infrastructure): Track 4 consists of projects not falling within Tracks 1–3, or 5 including workforce development…