Notice of Funding Opportunity for the FY23-24 Railroad Crossing Elimination Program.pdf

56788 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices

1 March 27, 2015, (80 FR 16503); April 20, 2016, (81 FR 23349); and April 20, 2020, (85 FR 21916).

email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission.

To submit your comments online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2014–0071’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’

When the new screen appears, click on the ‘‘Comment’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period.

Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner.

Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as ‘‘PROPIN’’ to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001 or via email at brian.g.dahlin@ dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice.

II. Legal Basis FMCSA has authority under 49 U.S.C.

31136(e) and 31315(b) to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)).

The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request.

The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305(a)).

The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

III. Applicant’s Request MFT has requested a renewal of its exemption ‘‘for the maximum available period’’ from the sleeper berth requirements, which previously were set forth in 49 CFR 395.1(g)(1)(ii)(A)(1– 2). FMCSA revised the sleeper berth provisions in 2020 so that the relevant requirements are now in 49 CFR 395.1(g)(1)(ii)(A) and (B) [85 FR 33396].

The exemption renewal would allow MFT team drivers to continue to take the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours, provided neither of the two periods is less than 3 hours. MFT team drivers have held exemptions since 2015.1 Copies of the initial request for exemption, subsequent renewal requests, and all public comments received may be reviewed at www.regulations.gov.

IV. Request for Comments FMCSA requests public comment from all interested persons on MFT’s application to renew its exemption. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable.

Larry W. Minor, Associate Administrator for Policy.

[FR Doc. 2024–15182 Filed 7–9–24; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the FY 2023–FY 2024 Railroad Crossing Elimination 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 Railroad Crossing Elimination Program for Fiscal Years (FY) 2023 and 2024. This Notice solicits applications for funds made available by the Infrastructure Investment and Jobs Act (IIJA). The opportunity described in this notice is made available under Assistance Listings Number 20.327, ‘‘Railroad Crossing Elimination.’’ DATES: Applications for funding under this solicitation are due no later than 11:59 p.m. EST, September 23, 2024.

Applications that are incomplete or received after 11:59 p.m. EST, on September 23, 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 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. Jenny Zeng, Transportation Industry Analyst, at email: Jenny.Zeng@dot.gov or telephone: 857–330–2481; Stefani Gaede, Transportation Industry Analyst, at email: stefani.gaede@dot.gov or telephone: 202–940–8426; 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

VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1dd ru m he lle r on D

S K

0R

N

P R

O D w ith

N O

T

IC

E S mailto:brian.g.dahlin@dot.gov mailto:brian.g.dahlin@dot.gov mailto:FRA-NOFO-Support@dot.gov mailto:FRA-NOFO-Support@dot.gov mailto:stefani.gaede@dot.gov http://www.regulations.gov http://www.regulations.gov mailto:Jenny.Zeng@dot.gov http://www.Grants.gov http://www.Grants.gov

56789 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 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 FRA will consider right-of-way acquisition only if it is included in an application also seeking Construction funding.

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: RAILROAD CROSSING ELIMINATION PROGRAM (RCE)

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

Program Overview ............... The purpose of the RCE Program is to fund highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods.

Eligible Applicants ................ • A State (including the District of Columbia Puerto Rico, and other United States territories and possessions).

• A political subdivision of a State.

• A federally recognized Indian Tribe.

• A unit of local government or a group of local governments.

• A public port authority.

• A metropolitan planning organization.

• A group of entities included above.

Eligible Project Types .......... • Grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination there-of.

• Track relocation.

• The improvement or installation of protective devices, signals, signs, or other measures to improve safety, pro-vided that such activities are related to a separation or relocation project described above.

• Other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions).

• A group of related projects described above that would collectively improve the mobility of people and goods.

• The planning, environmental studies, and final design for a project or group of projects described above.

Funding ................................ The total funding available for awards under this NOFO is up to $1,148,809,580.

Deadline ............................... Deadline: No later than 11:59 p.m. EST, September 23, 2024.

A. Program Description

1. Overview

The RCE Program provides a federal funding opportunity to fund highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. Such projects will improve American rail infrastructure to enhance rail safety, improve the health and safety of communities, eliminate highway-rail and pathway-rail grade crossings that are frequently blocked by trains, and reduce the impacts that freight movement and railroad operations may have on underserved communities.

The purpose of this NOFO is to solicit applications for projects through the competitive RCE Program, which is authorized by the Infrastructure Investment and Jobs Act (IIJA), Sec.

22104, Public Law 117–58 (November 15, 2021), and funded by the 2023 and 2024 advance appropriations in Title VIII of Division J of the IIJA. This NOFO describes funding available, application submission requirements, and the selection and evaluation criteria for projects under the RCE Program. The RCE Program requirements are codified at 49 U.S.C. 22909.

This NOFO integrates FRA’s Guidance on Development and Implementation of Railroad Capital

Projects (Jan. 12, 2023, 88 FR 2163) (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.

DOT 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. ‘‘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,2 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.

b. ‘‘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

VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1dd ru m he lle r on D

S K

0R

N

P R

O D w ith

N O

T

IC

E S https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements https://www.transportation.gov/dot-strategic-plan https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project

56790 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices 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.

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

Construction is described in FRA’s Capital Projects Guidance.

d. ‘‘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 the 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.

e. ‘‘Grade Separation or Closure’’ means an underpass or overpass to eliminate level crossings between railroad and highway users at an existing highway-rail or pathway-rail grade crossing, or the closing of a highway-rail grade crossing to vehicular or pedestrian traffic.

f. ‘‘Highway-Rail Grade Crossing’’ means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade.

g. ‘‘Improvement Project’’ means a project related to an existing highway or pathway-rail crossing including:

installation, repair, or improvement of crossings, grade separations, railroad crossing signals, gates, bells, audible warning devices and related technologies; highway traffic signalization, lighting, crossing approach signage, and roadway improvements such as medians or other barriers; pathway improvements such as bollards; railroad crossing panels and surfaces; and other safety engineering improvements, or highway-rail programs to reduce risk.

h. ‘‘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.’’

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

j. ‘‘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 Railroad Crossing Elimination Program. Major Project is described in FRA’s Capital Project Guidance.

k. ‘‘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 Analysis (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.

l. ‘‘Pathway-Rail Grade Crossing’’ means a pathway that crosses one or more railroad tracks at grade and that is:

(1) explicitly authorized by a public authority or a railroad; (2) dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others; and (3) not associated with a public highway, road, or street, or a private roadway.

m. ‘‘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.

n. ‘‘Project Development’’ means the Lifecycle Stage of a Capital Project during which the project sponsor conducts design, environmental, and other studies to ensure the project is ready for implementation. Project Development activities occur after a project has completed Project Planning, and before a Capital Project can advance to Final Design. Project Development is described in FRA’s Capital Projects Guidance.

o. ‘‘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.

p. ‘‘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.

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

r. ‘‘Track Relocation’’ means moving a rail line vertically or laterally to a new location in order to eliminate an existing Highway-Rail Grade Crossing.

‘‘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.

s. ‘‘Tribal Lands’’ means any lands reserved for a federally recognized Native American tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and

VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1dd ru m he lle r on D

S K

0R

N

P R

O D w ith

N O

T

IC

E S https://railroads.dot.gov/rail-network-development/environment/environment https://railroads.dot.gov/rail-network-development/environment/environment https://railroads.dot.gov/rail-network-development/environment/environment

56791 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices

3 $1,146,528,000 in combined FY 2023–2024 supplemental appropriations ($573,264,000 each year) are provided by Title VIII of Division J of IIJA, as well as $2,281,580 in carryover FY 2022 supplemental appropriations from Title VIII of Division J of IIJA. This creates a total of $1,148,809,580 available.

4 FRA awarded all of the FY 2022 Rural or Tribal set-aside to eligible applicants. No additional set-aside funds are carried forward to FY 2023–2024.

where the federal government holds title to the land in trust on behalf of the tribe.

B. Federal Award Information

1. Available Award Amount & Special Funding Set-Asides

The total funding available for awards under this NOFO is up to $1,148,809,580, made available by the FY 2023 and 2024 advance appropriations provided in Title VIII of Division J of IIJA and by remaining unawarded FY 2022 RCE Program balances.3 Should additional RCE Program funds become available after the release of this NOFO, FRA may elect to award such additional funds to applications received under this NOFO.

Any selection and award under this NOFO 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. Planning Projects—At least three percent of the total FY 2023–2024 RCE Program grant funds available, or $36,000,000, as well as $2,281,580 in FY 2022 RCE funds, will combine to make $38,281,580 available for planning projects described in 49 U.S.C.

22909(d)(6). Of these funds, $10,840,000 (which includes $1,840,000 in FY 2022 carryover funds) will be made available for planning projects located in Rural Areas or on Tribal Lands. Further, FRA specifically expects to support planning projects that seek to advance efforts to grade separate at least one or more at-grade crossings. Planning projects are also subject to special considerations for award size and preference, as detailed in the following section 2(a).

b. Rural or Tribal set-aside—At least 20 percent of the total FY 2023–2024 RCE Program grant funds available, or $229,305,600, will be made available for projects located in Rural Areas or on Tribal Lands, as required by 49 U.S.C.

22909(f)(3)(A).4 At least five percent of these set-aside funds, or $11,465,280, will be made available for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.

c. In addition, FRA will make at least $3,000,000 available for grants that carry out Highway-Rail Grade Crossing safety information and education programs.

FRA expects that activities to promote further awareness of grade crossing safety will be based on existing best practices and such efforts will be implemented in a comprehensive manner through coordination with relevant stakeholders.

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). There are no predetermined maximum dollar thresholds for individual awards, but no more than 20 percent of the grant funds available ($229,761,916 total from both FY 2023–2024 funding and FY 2022 carryover funds) will be awarded for projects in any single State.

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.

a. Award Minimums and Planning Exception

FRA will not award grants for less than $1,000,000, except for a Planning project, as described in 49 U.S.C.

22909(d)(6). Projects requesting less than $1,000,000 must consist solely of Planning activities (Planning is defined in section A.3.n of this NOFO) to be considered eligible. Applications that request funding for a combination of Planning and Project Development activities must exceed $1,000,000 in federal assistance under this NOFO.

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

VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1dd ru m he lle r on D

S K

0R

N

P R

O D w ith

N O

T

IC

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

56792 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices

5 Highway-Rail Grade Crossing Safety Information and Education Programs are eligible under this category. FRA generally interprets this project eligibility category to relate to projects that directly improve safety and mobility at existing at-grade crossing locations.

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 projects permitted under this notice:

a. A State (including the District of Columbia, Puerto Rico, and other United States territories and possessions).

b. A political subdivision of a State.

c. A federally recognized Indian

Tribe.

d. A unit of local government or a group of local governments.

e. A public port authority.

f. A metropolitan planning organization.

g. A group of entities described in any of paragraphs (a) through (f).

The applicant serves as the primary point of contact for the application, and if selected, as the recipient of the RCE Program 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 RCE Program projects funded under this NOFO may 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 and Pathway-Rail Grade Crossing Improvement Projects 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. 22909(g). 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 RCE Program.

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) of this NOFO 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

The following Highway-Rail or Pathway-Rail Grade Crossing Improvement Projects (including acquiring real property interests) that focus on improving the safety and mobility of people and goods are eligible for funding under 49 U.S.C.

22909(d) and this NOFO:

i. Grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof;

ii. Track Relocation;

iii. The improvement or installation of protective devices, signals, signs, or other measures the improve safety, provided that such activities are related to a separation or relocation project described in paragraph (i) or (ii);

iv. Other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions); 5

v. A group of related projects described in paragraphs (i) through (iv) that would collectively improve the mobility of people and goods; or

vi. The planning, environmental review, and design of an eligible project described in paragraphs (i) through (v).

Consistent with 49 U.S.C. 22909(j)(1), grants under the RCE Program are not subject to the limitation in 49 U.S.C.

22905(f) and may therefore be awarded for commuter rail passenger transportation projects. Consistent with 49 U.S.C. 22909(j)(2), FRA will transfer such projects to the Federal Transit Administration to administer.

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—Project Planning;

• Track 2—Project Development;

• Track 3—Final Design (FD)/

Construction.

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

VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1dd ru m he lle r on D

S K

0R

N

P R

O D w ith

N O

T

IC

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

56793 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices

6 FRA will only award funds for right-of-way (ROW)/property acquisition activities if the proposed project also includes construction activities consistent with the Construction Lifecycle Stage. FRA will not fund ROW acquisition activities independently or if proposed project only includes pre-construction activities or Lifecycle Stages (i.e., Project Planning, Project Development, or Final Design).

7 Applicants selected for funding are encouraged to submit the following before obligation: an updated Project Management Plan (including a schedule, capital cost estimate, and financial plan), as grantees will be expected to develop a Project Management Plan under the grant agreement. See FRA’s Capital Projects Guidance, Section V— Project Management for additional information.

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 components and estimated amount of federal funding requested for each Lifecycle Stage. If an application selected for award includes multiple Lifecycle Stages, FRA will require the grantee to complete the Lifecycle Stages in the order consistent with FRA’s Capital Projects Guidance.

i. Track 1—Project Planning: Track 1 consists of Project Planning specific to an eligible Capital Project. Example activities for Project Planning include:

the development of a purpose and need statement; completion of conceptual engineering and other design;

documentation showing that project alternatives were considered;

completion of an environmental resource inventory and potential environmental concerns analysis; scale design drawings; public and stakeholder involvement; completion of an order-of-magnitude project cost estimate; and for Major Projects, completion of an initial Project Management Plan. Project Planning projects funded under this NOFO must be sufficiently developed when complete to support Project Development activities.

FRA strongly encourages Track 1 Planning projects given the RCE Program’s dedicated set-aside funding for planning activities. Please note that, pursuant to 49 U.S.C. 22909(d)(6), the minimum award requirement of $1,000,000 does not apply to applications for awards that fund only activities consistent with the Project Planning Lifecycle Stage. Consistent with Section A.2 of this NOFO, FRA intends to prioritize Planning projects that seek to grade separate one or more grade crossings.

ii. Track 2—Project Development:

Track 2 consists of projects for eligible Project Development activities. Example activities include: completion of PE and architectural or other design; PE drawings and specifications (scale drawings at the 30 percent design level, including track geometry as appropriate); design criteria, schematics and/or track charts that support the development of PE; work that can be funded in conjunction with developing PE, such as operations modeling, surveying, project work/management plans, preliminary cost estimates, and preliminary project schedules;

completion of environmental review;

and completion of applicable project management documentation (such as a Project Management Plan, schedule, capital cost estimate, and financial plan). Project Development projects funded under this NOFO must first demonstrate completion of Project Planning elements prior to Project Development funds being awarded and be sufficiently developed when complete to support FD or Construction activities.

iii. Track 3—Final Design (FD)/ Construction: Track 3 consists of projects for eligible FD and Construction activities. Applicants must complete all necessary Planning and Project Development stages, including PE and NEPA requirements, prior to moving to the FD/Construction stage of a project.

FD activities may include completion of the FD documentation, acquisition of right-of-way,6 resolving remaining uncertainties or risks associated with changes to the design and scope of the Capital Project; addressing procurement processes; and updating/completing the applicable project management documentation (such as a Project Management Plan, schedule, capital cost estimate, and financial plan).7 Construction activities may include physical construction and installation of the Capital Project, including procurement and manufacturing of vehicles and equipment, project administration, testing of equipment (e.g., signal equipment and rolling stock), systems integration testing, workforce training, system certification, procurement of insurance, provision of warrantees, pre-revenue service, and start-up testing. Prior to obligation, applicants selected for funding for FD/ Construction must demonstrate completion of applicable Systems Planning and Project Planning and

Project Development activities, consistent with FRA’s Capital Projects Guidance.

d. Rural or Tribal Lands Project FRA will consider a project to be in a Rural Area or on Tribal Lands if all or the majority of the project (determined by geographic location(s) where the majority of the project funds will be spent) is located in a Rural Area or on Tribal Lands. However, in the event FRA elects to fund a component of the project, then FRA will reevaluate whether the project is in a Rural Area or on Tribal Lands.

D. Application and Submission Information

Required documents for the application are outlined in the following paragraphs. Applicants must complete and submit all components of the application for the application to be reviewed by FRA. An applicant that fails to submit all required documentation prior to the closing period of the notice may have its application deemed incomplete and will not advance to evaluation review. See section D(2) for the required documents and information for an application package. FRA welcomes the submission of additional relevant supporting documentation, such as planning, engineering, and design documentation, and letters of support from partnering organizations, which will not count against the Project Narrative 25-page limit.

1. Address To Request Application Package

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

EST, on September 23, 2024. Applicants must complete an Authorized Organization Representative (AOR) profile on www.Grants.gov and create a username and password. Additional information about the registration process is available at: https:// www.grants.gov/applicants/applicant-registration.

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

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

FRA is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a

VerDate Sep<11>2014 18:33 Jul 09, 2024 Jkt 262001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1dd ru m he lle r on D

S K

0R

N

P R

O D w ith

N O

T

IC

E S https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project https://www.fra.dot.gov/Page/P0270 https://www.Grants.gov https://www.Grants.gov https://www.Grants.gov http://www.Grants.gov https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/applicants/applicant-registration http://Grants.gov

56794 Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices

8 The amount requested from the RCE program on the SF–424 is the official record of request, and therefore must be consistent with the amount requested in the Project Narrative and Statement of Work documents, including the breakdown of Federal and non-Federal sources. For applications with discrepancies, FRA will defer to the funding amount in the SF–424.

disability. If you require an alternative version of files provided or paper copies of materials, please contact Ms. Laura Mahoney, Office of the Chief Financial Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;

email: laura.mahoney@dot.gov; or telephone: 202–578–9337.

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

If an applicant has difficulty at any point during this process, please call the

Grants.gov Customer Center Hotline at 1–800–518–4726, 24 hours a day, 7 days a week (closed on federal holidays). For information and instructions on each of these processes, please see instructions at: https://www.grants.gov/support.

2. Content and Form of Application Submission

FRA strongly advises applicants to read this section carefully. Applicants must submit all required information and components of the application package to be considered for funding.

Applications that are not submitted on time or do not contain all required documentation will not be considered for funding. To support the application, applicants may provide additional relevant and available optional supporting documentation that may have been developed by the applicant, especially such documentation that provides evidence of completion of the appropriate Lifecycle Stage(s) of a Capital Project. Additionally, applicants selected to receive funding must satisfy the requirements in 49 U.S.C. 22903 and 22905, including FRA’s Buy America requirement and conditions explained in part at https://www.fra.dot.gov/page/ P0185 and further in section F.2 of this notice.

Required documents and information for an application package include the following:

Application information NOFO section for guidance

Project Narrative ................................................................................................................................................ See D.2.a.

Statement of Work (SOW), project budget, estimated project schedule, and performance measures ............ See D.2.b.i.

Environmental Compliance Documentation ....................................................................................................... See D.2.b.ii.

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

SF 424—Application for Federal Assistance 8 ................................................................................................... See D.2.b.iv.

SF 424A—Budget Information for Non-Construction or SF 424C—Budget Information for Construction ....... See D.2.b.v.

SF 424B—Assurances for Non-Construction or SF 424D—Assurances for Construction ............................... See D.2.b.vi.

FRA’s F 30—Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free

Workplace Requirements and Lobbying.

See D.2.b.vii.

FRA F 251—Applicant Financial Capability Questionnaire ............................................................................... See D.2.b.viii.

SF LLL—Disclosure of Lobbying Activities, if applicable .................................................................................. See D.2.b.ix.

a. Project Narrative

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

I. Cover Page ..................................................................................................................................................... See D.2.a.i.

II. Project Summary ........................................................................................................................................... See D.2.a.ii.

III. Grant Funds, Sources and Uses of Project Funds ...................................................................................... See D.2.a.iii.

IV. Applicant Eligibility Criteria ........................................................................................................................... See D.2.a.iv.

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

VI. Detailed Project Description ....................................................................................................................