Notice of Funding Opportunity for the FY23-24 CRISI.pdf

22206 Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices

Anticipated Permits and Other Authorizations

Based on information provided by GER and PVH and through OEA’s ongoing discussions with federal and state agencies, OEA anticipates the following permits and authorizations would be required to construct and operate the Line and the PVGTB Project:

• Clean Water Action section 401 certification and section 402 and 404 permits

• Rivers and Harbors Act section 9 and 10 permits

• Endangered Species Act section 7 compliance

• National Historic Preservation Act section 106 compliance

• International Boundary and Water Commission authorization for work in the bed and bank of the international stretch of the Rio Grande

• Presidential Permit

• Texas General Land Office (GLO) easement authorization for the bed of the Rio Grande to the international boundary line

• Maverick County development permits, including a floodplain development permit

Schedule for the Decision-Making Process

Following issuance of the NOI, OEA will coordinate with USCG to develop the Draft EIS. Formal consultation under the Endangered Species Act (16 U.S.C.

1531–1544), if required, and compliance with Section 106 of the National Historic Preservation Act (54 U.S.C.

306108), may affect some of the anticipated timeframes. A preliminary schedule for this proceeding is set forth below:

• Scoping: Second Quarter 2024

• Draft EIS and Public and Agency

Comment Period: Second Quarter 2025

• Final EIS: Fourth Quarter 2025

• Board’s final decision and all required permits from other agencies:

Prior to construction

Request for Comments In addition to announcing that the

Board will prepare an EIS for this proposed action, through this NOI, OEA is soliciting written comments on the scope of the EIS, identification of potential alternatives, and information and analyses relevant to the EIS. As part of the scoping process, OEA will hold public meetings to gather input from the public (see dates and locations below).

After the close of the scoping comment period on April 29, 2024, OEA will review and address all comments as part of the environmental review process.

Scoping Meeting Dates: OEA will hold three public scoping meetings on the following dates (times in Central Standard Time).

• Tuesday, April 16, 2024, 11:30 a.m.

to 1:30 p.m. in person at the Eagle Pass International Center for Trade, 3295 Bob Rogers Drive, Eagle Pass, TX 78852

• Tuesday, April 16, 2024, 6 to 8 p.m.

in person at the same location

• Tuesday, April 23, 2024, 6 to 8 p.m.

online (for information on how to access the online meeting, visit www.greeneaglerreis.com).

The public meetings will consist of an open house session followed by a public comment session. At the public comment session, OEA will give a brief presentation and then members of the public will have the opportunity to speak. Each participant will be given three minutes in which to provide comments. Oral comments will be recorded. Persons wishing to make an oral comment are encouraged, but not required, to pre-register. To pre-register or for more information on how to attend the public scoping meetings, please visit the public involvement page on the Board-sponsored Project website (www.greeneaglerreis.com). OEA will consider all comments equally regardless of how the comments are received. It is not necessary to attend a public scoping meeting to provide scoping comments. OEA will be accepting comments through the scoping comment period, which ends on April 29, 2024.

Submitting Comments: Interested parties are encouraged to file their scoping comments electronically through the Board’s website at www.stb.gov by clicking on the ‘‘File an Environmental Comment’’ link. Please refer to Docket No. FD 36652 in all correspondence, including E-filings, addressed to the Board. Scoping comments may also be submitted by mail to: Andrea Poole, Surface Transportation Board, c/o VHB, Attention: Environmental Filing, Docket No. FD 36652, 1001 G Street NW, Suite 1125, Washington, DC 20001. All comments received will become part of the public record and will be available on the Board’s website.

By the Board, Danielle Gosselin, Director, Office of Environmental Analysis.

Eden Besera, Clearance Clerk.

[FR Doc. 2024–06688 Filed 3–28–24; 8:45 am]

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the FY 2023–FY 2024 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 Years 2023 and 2024. This notice solicits applications for program funds made available by the Consolidated Appropriations Act, 2023, Consolidated Appropriations Act, 2024, 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 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 11:59 p.m. EST, May 28, 2024.

Applications that are incomplete or received after 11:59 p.m. EST, on May 28, 2024 will not be considered for funding. See section D of this notice for additional information on the application process.

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

Deborah Kobrin, Office of Rail Program Development, 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

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22207 Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices courier service) to ensure timely receipt of materials before the application deadline.

FOR FURTHER INFORMATION CONTACT: For further information concerning this notice, please contact the FRA NOFO Support program staff via email at FRA- NOFO-Support@dot.gov. If additional assistance is needed, you may contact Ms. Deborah Kobrin, Supervisory Transportation Specialist, at email:

Deborah.kobrin@dot.gov or telephone:

202–420–1281; Ms. Jenny Zeng, Transportation Industry Analyst, at email: Jenny.Zeng@dot.gov or telephone:

857–330–2481; in FRA’s Office of Rail Program Development.

SUPPLEMENTARY INFORMATION:

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

Table of Contents

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

Information G. Federal Awarding Agency Contacts H. Other Information

SUMMARY OVERVIEW OF KEY INFORMATION—CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

PROGRAM (CRISI)

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

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

• A group of States.

• An Interstate Compact.

• A public agency or publicly chartered authority established by 1 or more states.

• A political subdivision of a State.

• Amtrak or another rail carrier that provides intercity rail passenger transportation (as rail carrier and intercity rail passenger transportation are defined in 49 U.S.C. 24102).

• A Class II railroad or Class III Railroad, including any holding company of a Class II or Class III railroad (as those terms are defined in 49 U.S.C. 20102).

• An association representing one or more railroads described in paragraph (g).

• A federally recognized Indian Tribe.

• Any rail carrier or rail equipment manufacturer in partnership with at least one of the entities described in para-graphs (a) through (e).

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

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

• A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contrac-tors.

Eligible Project Types .......... • Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.

• A capital project as defined in 49 U.S.C. 22901(2), except that a project shall not be required to be in a State rail plan developed under 49 U.S.C. chapter 227.

• A capital project identified by the Secretary as being necessary to address congestion or safety challenges af-fecting rail service.

• 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.

• A highway-rail grade crossing improvement project.

• A rail line relocation or improvement project.

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

• The preparation of regional rail and corridor service development plans and corresponding environmental anal-yses.

• Any project that the Secretary considers necessary to enhance multimodal connections or facilitate service inte-gration between rail service and other modes.

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

• The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities.

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

• Workforce development and training activities.

• Research, development, and testing to advance and facilitate innovative rail projects.

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

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

xvii. Deployment of Magnetic Levitation Transportation Projects.

Funding ................................ The total funding available for awards under this NOFO is up to $2,478,391,050.

Deadline ............................... Deadline: May 28, 2024.

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22208 Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices

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

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

2 Additional information about the BCA FAQs can be found here: https://railroads.dot.gov/rail-network-development/planning/project-planning/ benefit-cost-analysis-guidance.

3 FRA will consider right-of-way acquisition only for applications which seek Construction funding.

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).

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 rail 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 opportunities for 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, 2023, division L, title I, Public Law 117–328 (2023 Appropriation), Consolidated Appropriations Act, 2024, division F, title I, Public Law 118–42 (2024 Appropriation) and the 2023 and 2024 advance appropriation in the Infrastructure Investment and Jobs Act, division J, title II, Public Law 117–58 (2021).

In addition to the funding made available for the CRISI Program, this NOFO includes funds for eligible projects under the Magnetic Levitation Technology Deployment Program (Maglev Grants Program) and solicits applications for eligible project costs for the deployment of magnetic levitation transportation projects. The Maglev Grants Program is 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.

This NOFO integrates FRA’s Guidance on Development and Implementation of Railroad Capital Projects (88 FR 2163, Jan. 12, 2023) (FRA’s Capital Projects Guidance) which assists project sponsors in developing effective and complete capital projects by defining the project development process and describing implementation tools, processes, and documentation that may be required for a grant. FRA’s Capital Projects Guidance can be found here: https://railroads.

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

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

Attachment 1: Standard Terms and Conditions, Attachment 2: Project- Specific Terms and Conditions, and Terms and Conditions Exhibits. The updated agreements are available at:

https://railroads.dot.gov/grants-loans/ fra-discretionary-grant-agreements.

The Department seeks to fund projects that advance the Administration Priorities of safety, equity, climate and sustainability, workforce development, job quality, and wealth creation as described in the U.S. Department of Transportation (DOT) Strategic Plan,1 and in executive orders, which are described in section E.

2. Definitions of Key Terms

Terms defined in this section are capitalized throughout this notice.

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. All project submissions to the CRISI program require a Benefit-Cost Analysis. Please refer to the updated Benefit-Cost Analysis Guidance for Discretionary Grant Programs (2024) 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.2

b. ‘‘Capital Project’’ means a project for acquiring, constructing, improving, or inspecting rail equipment, track and track structures, or a rail facility, including expenses incidental to the acquisition or construction including pre-construction activities (such as designing, engineering, location surveying, mapping, acquiring rights-of-way) and related relocation costs,3 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. ‘‘Commuter Rail Passenger Transportation’’ means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple rides, and commuter tickets, and morning and evening peak period operations, consistent with 49 U.S.C.

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

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

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

Construction activities occur after a project has completed Final Design.

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

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6 In addition to the $2,478,391,050 in CRISI funding made available in this NOFO, $80,727,922 in CRISI funds will be separately made available for Special Transportation Circumstances grants, $129,383,997 in CRISI funds 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 $55,179,159 in CRISI

Continued

f. ‘‘Final Design’’ or ‘‘FD’’ means the Lifecycle Stage of a Capital Project during which the Capital Project design is advanced to be ready for Construction. This is when the agreements necessary to construct and operate the Capital Project are secured, acquisition of right-of-way is completed, and final engineering plans and specifications necessary for construction of the project are produced. Final Design activities occur after a Capital Project has completed Project Development, and before a Capital Project can advance to Construction.

Final Design is described in FRA’s Capital Projects Guidance.

g. ‘‘Intercity Rail Passenger Transportation’’ means rail passenger transportation, except commuter rail passenger transportation. see 49 U.S.C.

22901(3), and in this NOFO, it has the same meaning as ‘‘Intercity Passenger Rail Service’’ and ‘‘Intercity Passenger Rail Transportation’’.

h. ‘‘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. Lifecycle Stages are described in FRA’s Capital Projects Guidance.

i. ‘‘Major Project’’ means a Capital Project with a capital cost estimate equal to or greater than $500 million and with at least $100 million in federal assistance under the CRISI Program.

Major Project is described in FRA’s Capital Project Guidance.

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

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

Environmental review under NEPA consists of an Environmental Impact Statement (EIS), Environmental Assessment (EA) or Categorical Exclusion (CE). The NEPA class of action depends on the potential environmental impacts of the proposed action. For purposes of this NOFO, NEPA also includes all related Federal laws and regulations including the Clean Air Act, section 4(f) of the Department of Transportation Act, section 7 of the Endangered Species Act, and section 106 of the National Historic Preservation Act. Additional information regarding FRA’s environmental processes and requirements is located at https:// railroads.dot.gov/rail-network-development/environment/environment.

NEPA consultation and documentation are considered part of the Project Development Lifecycle Stage, as described in FRA’s Capital Projects Guidance.

k. ‘‘Positive Train Control System’’ (‘‘PTC’’) 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. ‘‘Preliminary Engineering’’ or ‘‘PE’’ means engineering design to define a Capital Project, including identification of all environmental impacts and design of all critical project elements at a level sufficient to ensure reliable cost estimates and schedules. The PE development process starts with specific project design alternatives that allow for the assessment of a range of rail improvements, specific alignments, and project designs. PE is considered part of the Project Development Lifecycle Stage, as described in FRA’s Capital Projects Guidance.

m. ‘‘Project Development’’ means the Lifecycle Stage of a Capital Project during which the project sponsor conducts design, environmental, and other studies to ensure the Capital Project is ready for implementation.

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

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

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

o. ‘‘Project Planning’’ is the first Lifecycle Stage of a Capital Project during which the project sponsor identifies Capital Project concepts to adequately address transportation needs and opportunities identifies and compares costs, benefits, and impacts of project options; identifies the impacted environmental resources and engages with interested parties, agencies, and infrastructure owners. Project Planning activities are completed before a Capital Project advances to Project Development. Project Planning is described in FRA’s Capital Projects Guidance and consistent with the 2023 Appropriation.

p. ‘‘Rural Area’’ means any area that is not within an area designated as an urban area with at least 50,000 in population by the most recent decennial Census.

q. ‘‘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.

r. ‘‘Significant Reduction of 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 or Tier 3 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 and Tier designations for line-haul and switch locomotives are set by the U.S. Environmental Protection Agency, 40 CFR part 1033, subpart B.

s. ‘‘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. System Planning is described in FRA’s Capital Projects Guidance.

t. ‘‘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 & Special Funding Set-Asides

The total funding available for awards under this NOFO is up to $2,478,391,050, made available by the 2023 Appropriation, 2024 Appropriation, 2023 and 2024 advance appropriations provided in IIJA, and remaining unawarded 2022 CRISI balances.6 The total funding also

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22210 Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices funds will be set aside for award and program oversight conducted by FRA.

7 This amount includes $25,000,000 in Fiscal Year 2023 Annual Appropriation and $7,724,132 in carryover funding from Fiscal Year 2022.

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

9 For applications seeking funding under the Maglev Grant Program, only a State, States, or an authority designated by one or more States are eligible to receive funding under this NOFO.

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. Any awards made under this NOFO are subject to the availability of appropriated funds.

Further, of the available award amount listed above, certain funding amounts are set aside for the following purposes under this NOFO:

a. Rural Set-Aside—At least $657,393,500, or 25 percent of the total amount appropriated of the CRISI Program funds, will be made available for projects located 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 as defined by 49 U.S.C. 22901(2) 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 2023 Appropriation.

c. Trespassing Measures Set-Aside— At least $32,724,132 7 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) 8 and as required in the 2023 Appropriation.

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, $5,000,000 will be made available from the 2023 Appropriation for preconstruction planning activities and capital costs related to the deployment of magnetic levitation transportation projects.

e. Workforce Development Set- Aside—At least $5,000,000 will be made available for workforce development and training activities, as described in 49 U.S.C. 22907(c)(13) and as required by the 2023 Appropriation.

2. Award Size

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.

In addition, 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, which 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). While there is no predetermined minimum or maximum dollar threshold for individual awards, FRA encourages applications that request funding in excess of $1,000,000.

Applicants are not limited in the number of projects for which they seek funding. Applicants submitting more than one application are requested to submit a priority ranking of their submitted applications that is consistent with each application package submitted.

3. Award Type

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

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

The funding provided under this NOFO will be made available to grantees on a reimbursable basis.

Applicants must certify that their expenditures are allowable, allocable, reasonable, and necessary to the approved project before seeking reimbursement from FRA. Additionally, the grantee is expected to expend matching funds at the required percentage concurrent with Federal funds throughout the life of the project.

The new FRA grant agreement consists of three parts: Attachment 1:

Standard Terms and Conditions, Attachment 2: Project-Specific Terms and Conditions, and Terms and Conditions Exhibits. The grant agreement templates are available at:

https://railroads.dot.gov/grants-loans/ fra-discretionary-grant-agreements.

These templates are subject to revision.

4. Concurrent Applications DOT and FRA may concurrently solicit 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 components, as well as highlight new or revised information in the application responsive to this NOFO that differs from the previously submitted application(s).

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

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

1. Eligible Applicants The following entities are eligible applicants for all CRISI projects under this notice: 9

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

b. A group of States.

c. An Interstate Compact.

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

e. A political subdivision of a State.

f. Amtrak or another rail carrier that provides intercity rail passenger transportation (as rail carrier and intercity rail passenger transportation are defined in 49 U.S.C. 24102).

g. A Class II railroad or Class III railroad, including any holding

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10 Consistent with 49 U.S.C. 20102, a Class II and Class III railroad is defined as an entity that is a railroad carrier (under 49 U.S.C. 20102(3)) with an annual carrier operating revenue that meets the threshold amount for Class II and Class III carriers, as determined by the Surface Transportation Board in 49 CFR 1201.1–1.

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

22907(h)(4) to permit FRA to reimburse grantees for Preliminary Engineering costs on Highway-rail grade crossing projects incurred before the date of project selection, if the costs would be permitted as part of total project costs if incurred after the date of project selection and are consistent with 2 CFR part 200.

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

13 FRA interprets ‘‘capital project’’ in this section to mean a Capital Project as defined in this NOFO.

For example, a track improvement project that also addresses congestion or safety issues.

14 FRA interprets ‘‘capital project’’ in this section to mean a Capital Project as defined in this NOFO.

For example, an intercity passenger rail track project on a heavily trafficked corridor.

company of a Class II or Class III railroad (as those terms are defined in 49 U.S.C. 20102).10

h. An association representing one 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 one 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.

Amounts awarded from the 2023 and 2024 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 recipient of the grant award. An application may identify entities that are not eligible applicants as project partners.

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

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

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

Additionally, in preparing estimates of total project costs, applicants are encouraged to 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.

Project sponsors should account for the impact of factors such as inflation as the applicant prepares their scope, schedule, and budget.

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, or any non- Federal funds already expended (or otherwise encumbered) toward the matching requirement, unless such sources are compliant with 2 CFR part

200. In-kind contributions, including the donation of services, materials, and equipment, may be credited as a project cost in a uniform manner consistent with 2 CFR 200.306. In addition, applicants may count costs incurred for Preliminary Engineering associated with highway-rail grade crossing improvement projects and trespassing prevention projects as described in 49 U.S.C. 22907(c)(5) and (11), respectively, 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).11 Such costs must have been incurred no earlier than November 15, 2021, and must be otherwise compliant with 2 CFR part 200 and the requirements of this CRISI Program.

If Amtrak or another rail carrier is an applicant under this CRISI Program, Amtrak or such 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 elements/activities (e.g., new deliverables) are eligible for funding under this NOFO.

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

See section D(2)(a)(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 incurred after announcement of awards consistent with 2 CFR 200.458, as applicable. See section D(6). Cost sharing or matching may be used only for eligible expenses for authorized Federal award purposes.

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

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

3. Eligible Projects

a. The Following Are Eligible Under This NOFO

i. Deployment of railroad safety technology, including positive train control (PTC) 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.12

ii. A capital project as defined in 49 U.S.C. 22901(2), except that a project shall not be required to be included in a State rail plan developed under 49 U.S.C. chapter 227.

iii. A capital project identified by the Secretary as being necessary to address congestion or safety challenges affecting rail service.13

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.14

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

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15 These are planning activities normally performed during the Systems Planning Lifecycle Stage. Consistent with the 2023 Appropriations, railroad project-level planning activities are also eligible.

16 FRA interprets ‘‘project’’ in this section to mean a Capital Project as defined in this NOFO.

17 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.

18 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.

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.15

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.16

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.17

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.18 Project eligibility is further provided in Track 5, as described in section C(3)(c)(v).

b. Project Component If an applicant requests funding for a component or set of components of a larger Capital Project, the project component(s) included in the application 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 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 generally evaluates applications in Tracks based on the Lifecycle Stages of a Capital Project.

While applications covering multiple Lifecycle Stages are not precluded, FRA generally expects that applications identify only one of the following tracks for an eligible proposed project:

• Track 1—Systems Planning and Project Planning;

• Track 2—Project Development;

• Track 3—FD/Construction;

• Track 4—Research, Workforce

Development, Safety Programs and Institutes (Non-Railroad Infrastructure);

or

• Track 5—Deployment of Magnetic Levitation Transportation Projects.

FRA strongly encourages applicants to seek funding for the appropriate Lifecycle Stage of a Capital Project, consistent with these application tracks.

To the extent possible, applicants should describe their projects consistent with FRA’s Capital Projects Guidance, which provides a detailed description of each Lifecycle Stage and its required activities: https://railroads.dot.gov/ elibrary/fra-guidance-development-and-implementation-railroad-capital-project.

If an application seeks funding under more than one application Track for multiple Lifecycle Stages, FRA may award funds for the application Track and corresponding Lifecycle Stage(s) it determines most appropriate based on project readiness information.

Applicants are directed to identify the project…