High-Speed Intercity Passenger Rail (HSIPR) Program, 38344-38365 [2010-15992]
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38344
Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
High-Speed Intercity Passenger Rail
(HSIPR) Program
AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding availability
for Service Development Programs;
issuance of interim program guidance.
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SUMMARY: This notice details the
application requirements and
procedures for obtaining funding for
high-speed and intercity passenger rail
Service Development Programs
available under the Transportation,
Housing and Urban Development, and
Related Agencies Appropriations Act for
2010 (Div. A of the Consolidated
Appropriations Act, 2010 (Pub. L. 111–
117, Dec. 16, 2009)). The Federal
Railroad Administration has issued a
separate notice in today’s edition of the
Federal Register for Fiscal Year 2010
funding made available for Individual
Projects.
This document incorporates interim
guidance required for the HSIPR
program pursuant to the Transportation,
Housing and Urban Development, and
Related Agencies Appropriations Act for
2010 and 49 U.S.C. 24402(a)(2). The
funding opportunities described in this
notice are available under Catalog of
Federal Domestic Assistance (CFDA)
number 20.319.
DATES: Applications for funding under
this solicitation are due no later than 5
p.m. EDT, August 6, 2010. FRA reserves
the right to modify this deadline.
ADDRESSES: Comments must be
submitted through https://
www.grantsolutions.gov. See Section 4
for additional information regarding the
application process.
FOR FURTHER INFORMATION CONTACT: For
further information regarding this notice
and the HSIPR program, please contact
the FRA HSIPR Program Manager via email at HSIPR@dot.gov, or by mail: U.S.
Department of Transportation, Federal
Railroad Administration, MS–20, 1200
New Jersey Avenue, SE., Washington,
DC 20590 Att’n: HSIPR Program.
SUPPLEMENTARY INFORMATION:
Table of Contents:
1. Funding Opportunity Description
2. Award Information
3. Eligibility Information
4. Application and Submission Information
5. Application Review Information
6. Award Administration Information
7. Agency Contact
Appendix 1: Definition of High-Speed and
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Intercity Passenger Rail
Appendix 2: Additional Information on
Stages of Project Development
Appendix 3: Additional Information on
Financial Plans
Appendix 4: Additional Information on
Applicant Budgets
Appendix 5: List of Acronyms and
Abbreviated References
Section 1: Funding Opportunity
Description
1.1 Legislative Authority
This interim program guidance and
financial assistance announcement
pertains to the funding made available
for Service Development Programs
under FRA’s HSIPR program. The
authority for this grant program is
contained in two pieces of legislation:
• The Passenger Rail Investment and
Improvement Act of 2008 (PRIIA), under
Sections 301, 302, and 501: Intercity
Passenger Rail Service Corridor Capital
Assistance (codified at 49 U.S.C. chapter
244), General Passenger Rail
Transportation (codified at 49 U.S.C.
chapter 24105), and High-Speed Rail
Assistance (codified at 49 U.S.C. chapter
26106), respectively; and
• The Fiscal Year 2010 Consolidated
Appropriations Act (Title I of Division
A of Pub. L. 111–117, December 16,
2009) (FY 2010 DOT Appropriations
Act), under the title ‘‘Capital Assistance
for High Speed Rail Corridors and
Intercity Passenger Rail Service.’’
This document incorporates interim
guidance required for the HSIPR
program pursuant to the FY 2010 DOT
Appropriations Act and 49 U.S.C.
24402(a)(2).
1.2 Funding Approach
The FY 2010 DOT Appropriations Act
appropriated a total of $2.5 billion for
the HSIPR program. FRA is soliciting
grant applications separately for the
different components of this
appropriation:
• FY 2010 Service Development
Programs (at least $2,125 million):
Service Development Programs with a
20 percent non-Federal match. This
solicitation is for these funds.
• FY 2010 Individual Projects (up to
$245 million): Final Design/
Construction or Preliminary
Engineering/NEPA for Individual
Projects with a 20 percent non-Federal
match. The notice of funding
availability (NOFA) for these funds is
being issued concurrently with this
solicitation.
• FY 2010 Planning Projects (up to
$50 million): Planning projects with a
20 percent non-Federal match. The
solicitation for these funds was
published on April 1, 2010, and
applications were due May 19, 2010.
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• FY 2010 Multi-State Proposals
(from $50 million for Planning Projects):
Proposals for Federally-led preparation
of planning documents for high-speed
rail corridors that cross multiple States.
The guidance for submitting proposals
was published on April 1, 2010, and the
proposals were due May 19, 2010.
The balance of the $2.5 billion is
allocated to HSIPR program
administration and research.
1.3 Approach to Service Development
Programs
Investment in Service Development
Programs is the long-term emphasis of
the HSIPR program. Service
Development Programs are aimed at
developing new high-speed or intercity
passenger rail services or substantially
upgrading existing services. (See
Appendix 1 for the definition of ‘‘highspeed and intercity passenger rail.’’)
Service Development Programs contain
sets of inter-related projects that
constitute the entirety or a distinct
phase (or geographic section) of a longrange Service Development Plan
(SDP)—projects which collectively
produce benefits greater than the sum of
each individual project. These
investments will generally address, in a
comprehensive manner, the
construction and acquisition of
infrastructure, equipment, stations, and
facilities necessary to operate highspeed and intercity passenger rail
service.
1.3.1 Service Development Program
Administration
While the characteristics and
outcomes of a Service Development
Program will be unique to each
individual application, for the purposes
of this solicitation, FRA will classify
Service Development Programs into two
categories: Major Capital Projects and
Standard Capital Projects.
As required by PRIIA (49 U.S.C.
24403(a)), and in keeping with project
management approaches in use by other
DOT agencies (e.g., FTA’s Project
Management Oversight program (49 CFR
part 633), and FHWA’s IPD Major
Project Delivery Guidance), large,
complex capital projects, designated as
‘‘Major Capital Projects’’ call for a
particularly rigorous approach towards
project management and oversight.
Administratively, three primary
distinctions exist between the Major and
Standard Capital Project designation
when applied to a Service Development
Program: (1) The approach to the
environmental review process; (2) FRA’s
use of a Letter of Intent (LOI) to
contingently commit funds to the
Service Development Program (as
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described in Section 2); and, (3) the
project delivery tools required and
employed by FRA in managing the
Service Development Program.
Given the scope, complexity, and
project delivery risk inherent in
implementing a Service Development
Program, all Service Development
Program applications are considered to
be ‘‘Major Capital Projects’’ unless the
FRA Administrator determines that this
classification and the attendant
requirements will not benefit the
implementation of the proposed
program. Applicants for funding for a
Service Development Program may
request to be considered a ‘‘Standard
Capital Project’’ in their Application
Form (see Section 4.2.1). This
designation will typically be limited to
Service Development Programs that:
1. Involve a recipient whose past
experience in implementing similar
HSIPR projects indicates that the
program will be delivered successfully;
2. Generally are expected to have a
total project cost less than $100 million;
3. Are intended to benefit intercity
passenger rail service operating at top
speeds of 79 mph or less; and
4. Solely involve the use of proven
technology.
As the HSIPR program develops and
Service Development Programs become
its primary focus, the approach to the
Major and Standard designations may
change. As the HSIPR program matures,
FRA expects to work with project
sponsors from the beginning of the
service development process and will
designate a Service Development
Program as ‘‘Major’’ or ‘‘Standard’’ in
coordination with project sponsors
during or before the planning phase of
project development.
1.3.2 Service Development Program
Environmental Review
There are two general methods to
satisfying National Environmental
Policy Act (NEPA) requirements for
intercity passenger rail capital
investment projects:
• A tiered approach, utilizing a Tier
1 environmental impact statement (EIS)
to address broad service level issues
(‘‘programmatic’’ or ‘‘Service’’ NEPA),
followed by Tier 2 EISs, environmental
assessments (EAs), or categorical
exclusions (CEs) to address site-specific
project environmental reviews (‘‘project’’
NEPA); or
• A non-tiered approach, in which
one EIS or EA would cover both service
issues and individual project
components.
Generally, FRA prefers to take a tiered
approach with Major Service
Development Programs, and a non-
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tiered approach with Standard Service
Development Programs. For Major
Service Development Programs, FRA
also generally prefers to use a Tier 1
environmental impact statement (EIS)
for the initial evaluation of the
application. FRA encourages applicants
developing Standard Service
Development Programs to develop a
single EIS or EA that covers both service
and project environmental analysis.
FRA is responsible for the NEPA
process, including the establishment of
the scope of environmental reviews and
the decision to use tiering or a unified
project-level document. FRA encourages
applicants to contact FRA as early as
possible in the planning process to
discuss the appropriate form and level
of NEPA documentation. For more
information on the NEPA process and
FRA’s requirements, please see Section
4.2.5 and Appendix 2.2 of this
solicitation.
1.4 Forthcoming Interim Guidance
FRA is preparing a draft guidance
document as part of the process of
establishing a long-term framework for
the HSIPR program. This document,
anticipated for publication later this
year, will include details about each
stage of the project development process
(from planning and design through
construction and operation), as well as
provide substantial technical assistance
on the processes and documentation
needed for successful project
development and delivery. This
guidance is intended for future program
administration and does not apply to
this funding solicitation or the
application process described in this
notice.
The initial draft of this pending
guidance document will be open for
public comment, and FRA will utilize
various outreach mechanisms for
soliciting feedback from the HSIPR
stakeholder community. FRA expects to
modify the draft guidance document
taking into account this feedback and to
eventually issue Final Guidance that
will include standards and guidelines
that will be applicable to future funding
opportunities.
Section 2: Award Information
Of the $2.5 billion appropriated under
the FY 2010 DOT Appropriations Act,
Congress mandated that not less than 85
percent of funds ($2.125 billion) be
allocated to programs aimed at
developing new high-speed or intercity
passenger rail services or substantially
upgrading existing corridor services.
These grants are authorized under 49
U.S.C. 24406, 49 U.S.C. 24105, and 49
U.S.C. 26106.
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FRA will make awards for Service
Development Programs through
cooperative agreements. Cooperative
agreements allow for greater Federal
involvement in carrying out the agreed
upon investment. The substantial
Federal involvement for these programs
will include technical assistance, review
of interim work products, and increased
program oversight. The funding
provided under these cooperative
agreements will be made available to
grantees on a reimbursable basis.
For Major Service Development
Programs, FRA will issue a Letter of
Intent (LOI) that represents the Federal
Government’s contingent financial
commitment—up to a prescribed
amount of funding—to implement the
Service Development Program. An LOI
will contain defined milestones, grant
conditions, and other requirements
agreed upon by FRA and the grantee
that must be fulfilled or met prior to any
funding obligation or disbursement.
These milestones and conditions will be
put in place to ensure successful and
timely completion of projects. An LOI
does not represent an obligation or
disbursement of funds. Funding will be
obligated through cooperative
agreements and disbursed to grantees as
the agreed upon milestones are
achieved. See Section 1.3 for further
information on Major and Standard
Service Development Programs.
While there are no predetermined
minimum or maximum dollar
thresholds for awards, FRA anticipates
making multiple awards from the $2.125
billion or more available for Service
Development Programs. As such, FRA
expects applicants to tailor their
applications and proposed project
scopes accordingly. Pursuant to 49
U.S.C. 24402(g)(1), FRA will establish
the net project cost for the scope of work
proposed in an application, based on
engineering materials, studies of
economic feasibility, information on the
expected use of equipment or facilities,
and other project information provided
in an application. FRA reserves the right
to contact applicants with any questions
or comments related to applications.
Section 3: Eligibility Information
Applications under this solicitation
will be required to meet minimum
requirements related to applicant
eligibility, project eligibility, and the
fulfillment of other eligibility
requirements. To the extent that an
application’s substance exceeds the
minimum eligibility requirements
described below, such information will
be considered in evaluating the merits
of an application (see Section 5 for
evaluation and selection criteria).
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3.1
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Eligible Applicants
Eligible applicant entities are as
follows:
• States (including the District of
Columbia);
• Groups of States (Sections 301 and
501 of PRIIA);
• Interstate compacts (Sections 301
and 501);
• Public agencies established by one
or more States and having responsibility
for providing intercity passenger rail
service (Section 301) or high-speed
passenger rail service (Section 501);
• Amtrak (Section 501); and
• Amtrak, in cooperation with States
(Sections 301 and 302; see 49 U.S.C.
24402(e) for additional information on
Amtrak’s eligibility requirements when
applying for grants in cooperation with
States).
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3.2 Minimum Qualifications for
Applicant Eligibility
An applicant must, in addition to
demonstrating that it is an eligible
applicant type for the Service
Development Program, affirmatively
demonstrate that the applicant has or
will have the legal, financial, and
technical capacity to carry out the
activities proposed within an
application. A prospective applicant
that does not fall within the definition
of a State, group of States, or Amtrak
will also be required to submit
documentation (such as copies of
legislation) demonstrating its legal
authority to provide intercity or highspeed passenger rail service on behalf of
a State or group of States.
In addition, the applicant must
demonstrate that it has or will have
satisfactory continuing control over the
use of equipment or facilities acquired,
constructed, or improved by the project
and the capability and willingness to
maintain such equipment or facilities.
For an applicant to demonstrate the
legal, financial, and technical capacity
to carry out the activities proposed in
the application, the applicant will be
required to address the following
qualifications:
• The applicant’s ability to absorb
potential cost overruns or financial
shortfalls;
• The applicant’s experience in
effectively administering grants of
similar scope and value (including
timely completion of grant deliverables,
compliance with grant conditions, and
quality and cost controls); and
• The applicant’s experience in
managing railroad investment project
development activities of a nature
similar to those for which funding is
being requested.
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For an applicant to demonstrate that
it has or will have satisfactory
continuing control over the use of
equipment or facilities acquired,
constructed, or improved by the project,
the applicant will be required to show
either:
• That the applicant has or will have
direct ownership of the equipment or
facilities acquired, constructed, or
improved by the project; or
• That the applicant has secured or
has made progress towards securing and
will have enforceable contractual
agreements providing satisfactory
continuing control in place with the
entity or entities (e.g., one or more
railroads, or a local government) that
have or will have direct ownership of
such assets.
For an applicant to demonstrate that
it has or will have the capability and
willingness to maintain the equipment
or facilities acquired, constructed, or
improved by the project, the applicant
will be required to show:
• That it has made progress toward,
and will have contractual agreements in
place with, any entity or entities (e.g.,
one or more railroads, or a local
government) that have or will have
direct ownership of the equipment or
facilities acquired, constructed, or
improved by the project, which address
financial and operational responsibility
for asset use and maintenance for the
useful life of the asset;
• That, to the extent financial
responsibility will fall to the applicant,
a viable funding source(s) has been
identified to cover maintenance costs;
and
• The applicant’s experience in
maintaining assets with similar
financial and operational maintenance
requirements as those assets for which
funding is being requested.
Information and documentation
demonstrating the fulfillment of the
minimum qualifications described
above must be submitted as part of the
application (see Section 4.2).
3.3
Cost Sharing
3.3.1
Applicant Cost Sharing
The Federal share of the costs of
projects funded through this solicitation
shall not exceed 80 percent.
If an applicant chooses the option of
contributing, from its own, its partner
project sponsors’, or other interested
parties’ resources, more than the
required 20 percent non-Federal share
of the costs of its proposed project, such
additional contributions will be
considered in evaluating the merit of its
application.
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3.3.2 Requirements for Applicant Cost
Sharing
An applicant’s contribution toward
the cost of its proposed project may be
in the form of cash or, with FRA
approval, in-kind contributions of
services or supplies related to the
activities proposed for funding. As part
of its application, an applicant offering
an in-kind contribution must provide a
documented estimate of the monetary
value of any such contribution and its
eligibility under 49 CFR 18.24 or 19.23.
However, all in-kind contributions must
be allowable, reasonable, allocable, and
in accordance with applicable OMB cost
principles, and must not represent
double-counting of costs otherwise
accounted for in an indirect cost rate
pursuant to which the applicant will
seek reimbursement.
The applicant must provide, as part of
its application, documentation that
demonstrates that it has committed and
will be able to fulfill any required and
pledged contribution, including
committing any required financial
resources that are budgeted or planned
at the time the application is submitted.
All applicants will be required to
identify a viable funding source(s) at the
time of application to absorb any cost
overruns and deliver the proposed
project with no Federal funding or
financial assistance beyond that
provided in the cooperative agreement.
3.4 Eligible Service Development
Programs
Eligible Service Development Program
activities under this funding
announcement must consist of a
coordinated and comprehensive
grouping of capital projects that will
result in the introduction of new highspeed or intercity passenger rail services
or significant improvements to existing
corridor services. These investments
will generally address, in a
comprehensive manner, the
construction and acquisition of
infrastructure, equipment, and stations,
and other facilities necessary to operate
high-speed and intercity passenger rail
service.
Capital projects are defined by 49
U.S.C. 24401(2) and 49 U.S.C.
26106(b)(3) as acquiring, constructing,
improving, or inspecting equipment,
track and track structures, or a facility
for use in or for the primary benefit of
high-speed and intercity passenger rail
service, expenses incidental to the
acquisition or construction (including
designing, engineering, location
surveying, mapping, environmental
studies, and acquiring rights-of-way),
payments for the capital portions of rail
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trackage rights agreements, highway-rail
grade crossing improvements related to
high-speed and intercity passenger rail
service, mitigating environmental
impacts, communication and
signalization improvements, relocation
assistance, acquiring replacement
housing sites, acquiring, constructing,
relocating, and rehabilitating
replacement housing, rehabilitating,
remanufacturing or overhauling rail
rolling stock and facilities used
primarily in intercity passenger rail
service; providing access to rolling stock
for nonmotorized transportation and
storage capacity in trains for such
transportation, equipment, and other
luggage; and the first-dollar liability
costs for insurance related to the
provision of intercity passenger rail
service under 49 U.S.C. 24404. FRA will
not fund activities not included in this
definition nor consider the funding of
any such activities in calculating an
applicant’s required cost share.
Service Development Programs
applying for funding under this
solicitation may not include individual
projects that have received HSIPR
program funding under previous
solicitations.
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3.4.1 Major Service Development
Programs
To be considered eligible for HSIPR
program funding, an applicant applying
for funding for a Major Service
Development Program must have
completed and submitted a NEPA
document satisfying FRA’s ‘‘Service
NEPA’’ requirement with its application.
See Section 4.2.5 and Appendix 2.2 for
additional details on NEPA
requirements.
Project PE, site-specific NEPA, final
design, and construction activities are
eligible for funding. See Appendix 2 of
this solicitation for additional
information on these activities.
3.4.2 Standard Service Development
Programs
As with Major Service Development
Programs, an applicant applying for
funding for a Standard Service
Development Program must have
completed and submitted with its
application an EIS or EA that addresses,
at a minimum, Service NEPA issues. For
applications for Standard Service
Development Programs that are
intended to advance directly into Final
Design, FRA requires project NEPA
documents and all Preliminary
Engineering (PE) for project components
to be completed and submitted with the
application. See Appendix 2.2 for
additional details on NEPA
requirements, and Appendix 2.3 for
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further details regarding PE
requirements.
Remaining project PE and site-specific
NEPA, final design, and construction
activities are eligible for funding. See
Appendix 2 of this solicitation for
additional information on these
activities.
3.4.3 Previously Funded Service
Development Programs
An application proposing to augment
a Service Development Program, or
component thereof, which received
funding from FRA under the American
Recovery and Reinvestment Act of 2009
must demonstrate the following:
• The applicant has, at the time it
submits the new application,
sufficiently refined the scope of
previously funded elements of the
Service Development Plan to ensure
those elements will result in high-speed
or intercity passenger rail service with
operational independence, as defined in
Section 3.5.2 of this notice;
• Any new elements of a Service
Development Program proposed in the
current application will also result in
high-speed or intercity passenger rail
service with operational independence,
either cumulatively with the previous
investment or as an independent
operating segment of the Service
Development Program;
• The applicant possesses the
capacity and capability to manage and
implement the proposed increase in
scope of the Service Development
Program in addition to the scope of
work funded under the previous award;
and
• There is a demonstrated need for
immediate additional funding to
implement the proposed increase in
scope of the Service Development
Program and the ability to expend the
original and additional funds in the near
term.
3.5
Additional Eligibility Requirements
3.5.1 Service Development Program
Planning
Service Development Programs
proposed for funding must be identified
through a Service Development Plan
meeting the requirements of this interim
guidance. A Service Development Plan
is prepared during the planning phase
for HSIPR Service Development
Programs and lays out the overall scope
and approach for the proposed service.
At a minimum, a Service Development
Plan must clearly demonstrate the
purpose and need for new or improved
intercity passenger rail service; analyze
alternatives for the proposed new or
improved intercity passenger rail
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service, and identify the alternative that
would best address the identified
purpose and need; identify the discrete
capital projects that will be required to
implement the alternative that is
proposed to be pursued; demonstrate
the operational and financial feasibility
of the alternative that is proposed to be
pursued; and, as applicable, describe
how the implementation of the HSIPR
Service Development Program may be
divided into discrete phases. More
information on the objectives and
preparation of Service Development
Plans is included in Appendix 2.1.
3.5.2
Operational Independence
All Service Development Programs
that are proposed to be advanced using
HSIPR program funding must have
operational independence. A Service
Development Program is considered to
have operational independence if, upon
being implemented, it will result in a
minimal operating segment of new or
substantially improved high-speed or
intercity passenger rail service that
demonstrates tangible and measurable
benefits, even if no additional
investments in the same service are
made. Examples of these benefits would
include operational reliability
improvements, travel-time reductions,
and additional service frequencies
resulting in increased ridership.
Applications that include benefits or
proposed activities that are contingent
upon FRA’s selection of another
application will not be considered for
funding.
3.5.3
Availability of Funds
It is important for awarded projects to
be brought promptly to obligation
through execution of a cooperative
agreement by the applicant and FRA
and for awarded funds to be expended
without delay and in accordance with
the statement of work and project
schedules included in the cooperative
agreement. Under 49 U.S.C. 24402(h), if
any amount awarded under the HSIPR
program is not obligated within 2 years
of the date on which the award is made,
FRA may cancel the award and
redistribute the funds to other HSIPR
projects at the FRA Administrator’s sole
discretion. Similarly, FRA may require
the return of obligated funds that remain
unexpended if the grantee is not making
satisfactory progress in implementing
the project or program as provided for
in the cooperative agreement.
3.5.4
Eligibility Restrictions
Pursuant to the provisions of Sections
301, 302, and 501 of PRIIA, the
following activities are ineligible to
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receive Federal funding under this
solicitation:
• Applications submitted by private
entities other than Amtrak;
• Projects for which commuter rail
passenger transportation is the primary
intended beneficiary (see Appendix 1);
• Projects in which the physical
improvements are located outside of the
United States; and
• Any expenses associated with
passenger rail operating costs.
3.5.5 Funding Restrictions
In general, only those costs
considered allowable pursuant to OMB
Circular A–87, ‘‘Cost Principles for
State, Local, and Indian Tribal
Governments’’ (codified at 2 CFR part
225), will be considered for funding.
Additionally, the following funding
restrictions will apply to cooperative
agreements awarded under this
solicitation and must be taken into
consideration in the development of
budget information submitted as part of
an application:
• Funding may not be used to fund
expenses associated with the operation
of intercity passenger rail service; and
• While there is no cap on a grant
recipient’s use of grant funds for
management and administrative costs,
such costs must be allowable,
reasonable, allocable, and in accordance
with applicable OMB cost principles
cited above.
FRA will also consider
reimbursement of pre-award costs
incurred after the enactment of the FY
2010 DOT Appropriations Act
(December 16, 2009). However, such
costs will be considered for
reimbursement only to the extent that
they are otherwise allowable under the
applicable cost principles. To the extent
such pre-award costs are incurred prior
to the date of submission of an
application, the application must show
in detail what costs have been incurred
in order for such costs to be considered
for reimbursement. Projects for which
construction activities commenced prior
to receipt of an FRA environmental
determination under NEPA will not be
eligible for funding.
Additionally, a grant recipient may
not generally expend any of the funds
provided in an award on construction or
other activities that represent an
irretrievable commitment of resources to
a particular course of action affecting
the environment until after all
environmental and historic preservation
analyses required by the National
Environmental Policy Act (42 U.S.C.
4332) (NEPA), the National Historic
Preservation Act (16 U.S.C. 470(f))
(NHPA), and related laws and
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regulations have been completed and
FRA has provided the grant recipient
with a written notice authorizing it to
proceed.
3.5.6 Standards for Equipment
Procurement or Design Grants
If the applicant is seeking a grant for
the procurement or design of railroad
equipment, the proposed equipment
should be consistent with specifications
developed by the Next Generation
Corridor Equipment Pool Committee.
This Committee was established under
Section 305 of PRIIA to develop a pool
of standardized next-generation rail
corridor equipment. Compliance with
Section 305 of PRIIA will assist in
creating the economies of scale
necessary to achieve the
Administration’s goal of developing a
sustainable railroad equipment
manufacturing base in the United States,
as outlined in the Vision for High-Speed
Rail in America (April 2009). The Next
Generation Corridor Equipment Pool
Committee will be issuing specifications
for bi-level cars this summer, singlelevel cars this winter, and locomotives
in 2011.
3.5.7 Positive Train Control (PTC)
If, as a component of an overall
Service Development Plan intended to
benefit high-speed or intercity passenger
rail service, a project involves
installation and/or improvements to
railroad signaling/control systems, the
application must demonstrate that the
proposed improvements are consistent
with a comprehensive plan for
complying with the requirements for
PTC implementation under Section 104
of the Rail Safety Improvement Act of
2008 (‘‘RSIA,’’ Division A of Pub. L.
110–432, October 16, 2008, codified at
49 U.S.C. 20157) and with FRA’s final
rule on Positive Train Control Systems
published in the Federal Register on
January 15, 2010 (75 FR 2598).
Section 4: Application and Submission
Information
4.1
Application Procedures
4.1.1 Applying Online Through
GrantSolutions
FRA participates in the Grants
Management Line of Business (GMLoB)
E-Gov initiative. As part of that
initiative, FRA uses the Administration
for Children and Families’ (ACF)
GrantSolutions (GS) Grants Management
System. All applications must be
submitted to FRA through
GrantSolutions. To access the system, go
to https://www.grantsolutions.gov.
Should an applicant encounter
difficulties accessing using GS, please
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contact the GrantSolutions Help Desk at
1–866–577–0771 or via e-mail at
help@grantsolutions.gov. Applicants
must complete the following three steps
prior to submitting an application
through GS:
• Register in GS. Go to https://
www.grantsolutions.gov and select
‘‘Register’’ on the right side of the page.
Applicants should begin the process
immediately to meet the application
submission deadlines.
• Obtain a Data Universal Number
System (DUNS) number. All applicants
must include a DUNS number in their
application. Applications without a
DUNS number are incomplete. A DUNS
number is a unique nine-digit number
recognized as the universal standard for
identifying and keeping track of entities
receiving Federal funds. The identifier
is used for tracking purposes and to
validate address and point of contact
information for Federal assistance
applicants, recipients and subrecipients.
The DUNS number will be used
throughout the grant lifecycle.
Obtaining a DUNS number is a free,
simple, one-time activity. Obtain a
number by calling 1–866–705–5177 or
by applying online at https://
fedgov.dnb.com/webform/
displayHomePage.do.
• Register in the Central Contractor
Registration (CCR) database. FRA also
requires that all applicants (other than
individuals) for Federal financial
assistance maintain current registrations
in the CCR database. The CCR database
is the repository for standard
information about Federal financial
assistance applicants, recipients and
subrecipients. Organizations that have
previously submitted applications via
https://www.grants.gov or GrantSolutions
should already be registered with CCR.
Please note, however, that applicants
must update or renew their CCR
registration at least once per year to
maintain an active status. Information
about registration procedures can be
accessed at https://www.ccr.gov.
Standard OMB forms (identified in
Section 4.2.3) will be available
electronically on the Funding
Opportunity page at https://
www.GrantSolutions.gov. The Funding
Opportunity screen provides applicants
with general announcement information
and access to all application kit
materials in order to view and print
application forms and information. In
addition, applicants can apply online
through this screen.
Program-specific forms (identified in
Sections 4.2.1, 4.2.2, and 4.2.4) may be
downloaded from FRA’s Web site at
https://www.fra.dot.gov/Pages/477.shtml.
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4.1.2 Address To Request Paper
Application Package
APPLICATION CHECKLIST—Continued
If Internet access is unavailable,
please write to FRA at the address
below to request a paper application:
U.S. Department of Transportation,
Federal Railroad Administration, Attn:
HSIPR Program Information (RPD–10),
Mail Stop 20, 1200 New Jersey Avenue,
SE., Washington, DC 20590.
4.2
Application Package
Required documents for the
application package are summarized in
the checklist below.
APPLICATION CHECKLIST
Documents
Format
1. Application Form
b HSIPR Service Development Program
Application Form
Form
2. Budget and Schedule Form
b HSIPR Service Development Program
Budget and Schedule
Form
Form
3. OMB Standard Forms
b SF 424: Application
for Federal Assistance
b SF 424C: Budget Information—Construction
b SF 424D: Assurances—Construction
Form
Form
Form
4. FRA Assurances Document
b FRA Assurances
Document
Form
5. Service Development Supporting
Documentation
b Service Development
Plan
b NEPA Documentation
No Specified
Format
No Specified
Format
6. Service Delivery Supporting
Documentation
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b Project Management
Plan
b Financial Plan
b System Safety Plan
b Railroad and Project
Sponsor Agreements
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No Specified
Format
No Specified
Format
No Specified
Format
No Specified
Format
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Documents
Format
7. Optional Supporting Documentation
b Preliminary Engineering (PE) and/or
Final Design (FD)
Documentation
No Specified
Format
b Other Relevant and
Available Documentation
n/a
Applicants must complete and submit
all components of the application
package; failure to do so may result in
the application being removed from
consideration for award. All
components of the application package
must be submitted through
GrantSolutions (including optional
supporting documentation), as
described in Section 4.1.1.
The HSIPR Service Development
Program application package contains
seven components:
1. HSIPR Service Development
Program Application Form (see Section
4.2.1).
2. HSIPR Service Development
Program Budget and Schedule Form (see
Section 4.2.2).
3. OMB Standard Forms (see Section
4.2.3).
4. FRA Assurances Document (see
Section 4.2.4).
5. Service Development Supporting
Documentation (see Section 4.2.5).
6. Service Delivery Supporting
Documentation (see Section 4.2.6).
7. Optional Supporting
Documentation (see Section 4.2.7).
For any other documentation required
prior to award that is not specified in
this notice, FRA will make individual
arrangements with applicants for the
submission of the required
documentation.
It is in the best interest of an applicant
who is submitting an application for a
Service Development Program that is
exceptionally complex, long-term, or
broad in scope to submit phased
application packages for the same
Service Development Program.
Applicants pursuing this option should
divide the activities into discrete
phases, each with operational
independence, based on geographic
section, type of activity, or other
appropriate criteria.
To apply for funding using this
approach, an applicant should structure
the applications in such a way that an
application for a specific phase also
includes all of the project activities and
funding requested in applications for all
previous phases, in addition to the set
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of activities and funding requested for
the current phase. This ‘‘nested’’
approach will give FRA flexibility to
select for funding those phases of a
Service Development Program that are
sufficiently developed to realize
significant benefits, rather than selecting
or not selecting the entire program
based on insufficient development of
some constituent parts.
For example, an applicant applying
for funding for a Service Development
Program may break the program into
three distinct phases and apply as
follows:
• Application 1 includes package of
projects A for $X;
• Application 2 includes package of
projects A + B for $X + $Y; and
• Application 3 includes package of
projects A + B + C for $X + $Y + $Z.
Applicants taking this phased
approach to their application submittals
must ensure that each individual
application includes all of the required
documentation described below. FRA
recognizes that in certain instances the
same document may be used to support
each of the individual applications;
however, to support FRA’s eligibility
and evaluation review processes, each
application package must be complete
and include all required documentation.
4.2.1 HSIPR Service Development
Program Application Form
The Application Form includes fields
that have been developed by FRA to
capture pertinent qualitative and
quantitative program-specific
information that is needed for FRA to
confirm applicant and project eligibility,
as well as information needed for
evaluation and selection of applications.
The Application Form requests four
types of information:
1. General applicant and Service
Development Program information;
2. Narratives that allow the applicant
to make arguments for the benefits of
the proposed Service Development
Program and other factors that are used
to evaluate the merits of the application
(see Section 5.2 for evaluation criteria);
3. A corridor service overview that
presents the applicant’s comprehensive
vision for the development or
improvement of a corridor service and
provides a navigation tool for multiple
applications related to a particular
Service Development Program; and
4. An ‘‘executive summary’’ that
outlines the major milestones for the
Service Development Program. It is
FRA’s intent that this portion of the
application form will provide the
framework for the Letter of Intent (LOI)
if the project is selected for funding.
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The Application Form also asks
applicants who wish to be considered
for designation as a Standard Service
Development Program to provide a
narrative describing how they meet the
factors described in Section 1.3.1.
4.2.2 HSIPR Service Development
Program Budget and Schedule Form
The HSIPR Service Development
Program Budget and Schedule Form is
a Microsoft Excel document that
supports the qualitative and quantitative
claims made in the applicant’s HSIPR
Service Development Program
Application Form. In addition to
capturing detailed program budget and
schedule information, the form also
describes the standard cost categories
developed by FRA to assist in
evaluating and selecting projects.
4.2.3 OMB Standard Forms
The Standard Forms are developed by
the Office of Management and Budget
(OMB) and are required of all grant
applicants. Applicants applying for
funding should submit the following
forms electronically through
GrantSolutions:
• Standard Form 424: Application for
Federal Assistance;
• Standard Form 424C: Budget
Information—Construction Programs;
and
• Standard Form 424D: Assurances—
Construction Programs.
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4.2.4 FRA Assurances Document
The FRA Assurances document
contains standard Department
certifications on grantee suspension and
debarment, drug-free workplace
requirements, and Federal lobbying. The
FRA Assurances document can be
obtained from FRA’s Web site at
https://www.fra.dot.gov/downloads/
admin/assurancesandcertifications.pdf.
The document should be signed by an
authorized certifying official for the
applicant, scanned into electronic
format, and submitted through
GrantSolutions.
4.2.5 Service Development Supporting
Documentation
The service development
documentation below focuses on the
physical attributes of a project and its
anticipated outcomes. These materials
must demonstrate that the project has
completed specified prerequisites and is
ready to progress to the next phase of
development.
• Service Development Plan—
Applicants must submit the Service
Development Pan (SDP) that informed
the Service Development Program. The
SDP lays out the overall scope and
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approach for the proposed service. The
SDP must address the following
objectives:
Æ Clearly demonstrate the purpose
and need for new or improved HSIPR
service;
Æ Analyze alternatives for the
proposed new or improved HSIPR
service and identify the alternative that
would best address the identified
purpose and need;
Æ Demonstrate the operation and
financial feasibility of the alternative
that is proposed to be pursued;
Æ Identify the discrete capital projects
that will be required to implement the
alternative that is proposed to be
pursued; and
Æ As applicable, describe how the
implementation of the HSIPR Service
Development Program may be divided
into discrete phases.
FRA recognizes that a variety of
formats and types of information may
meet the objectives described above.
Applications that do not demonstrate
fulfillment of these objectives may be
determined by FRA to be not ready for
consideration and evaluation. See
Appendix 2.1 for additional information
and suggested content for an SDP that
satisfies the objectives above.
• National Environmental Policy Act
(NEPA) Documentation—Applicants
must provide a completed
Environmental Assessment or a
completed Final Environmental Impact
Statement that demonstrates, at a
minimum, satisfaction of ‘‘Service
NEPA’’ for the proposed Service
Development Program (either submitted
with the application package or
references through an accurate URL). If
the applicant has completed project
NEPA to satisfy this requirement,
particularly for Standard Service
Development Programs, this
documentation should be submitted. If
the applicant has prepared second-tier
project NEPA documents for projects
within the program, those may also be
submitted. Any NEPA documentation
submitted must be approved by the
responsible State agency as sufficient
and complete. A NEPA decision
document (a Record of Decision or
Finding of No Significant Impact) is not
required for an application but must
have been issued by FRA prior to award
of a construction grant and
commencement of any construction
activities related to the project. NEPA
requirements are detailed in Appendix
2.2 of this solicitation.
4.2.6 Service Delivery Supporting
Documentation
Service delivery documentation of the
types described below focuses on the
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implementation of the project and how
the risks and uncertainties associated
with the project will be managed.
FRA recognizes that a variety of
formats and types of information may
meet the objectives described below.
Applications that do not demonstrate
fulfillment of these objectives may be
determined by FRA to be not ready for
consideration and evaluation.
• Project Management Plan—Under
PRIIA (49 U.S.C. 24403(a)), all Major
Capital Projects (which includes most
Service Development Programs) must
prepare and carry out a Project
Management Plan (PMP) approved by
FRA. A PMP is a formal integrated
document that serves as an overview of
the applicant’s approach toward the
planning, monitoring, and
implementation of a project. This
documentation establishes the who,
what, when, where, why, and how of
the project. While elements of the PMP
may draw information from outputs of
the project development process (such
as scope and design specifications, cost
estimates, and project schedules), the
PMP serves as FRA’s primary source of
information related to an applicant’s
plan for implementing the project.
Applications submitted pursuant to this
solicitation must include a PMP that
demonstrates that the applicant’s
management procedures and
organization give it the legal, financial,
and technical capability and capacity to
carry out successfully the Service
Development Plan. In accordance with
49 U.S.C. 24403(a), the PMP must, at a
minimum, address the following topics:
Æ Adequate recipient staff
organization with well-defined
reporting relationships, statements of
functional responsibilities, job
descriptions, and job qualifications of
key personnel and positions;
Æ A budget covering the project
management organization, appropriate
consultants, property acquisition, utility
relocation, systems demonstration staff,
audits, and miscellaneous payments the
recipient may be prepared to justify;
Æ A construction schedule for the
project;
Æ A document control procedure and
recordkeeping system;
Æ A change order procedure that
includes a documented, systematic
approach to handling the construction
change orders;
Æ Organizational structures,
management skills, and staffing levels
required throughout the construction
phase;
Æ Quality control and quality
assurance functions, procedures, and
responsibilities for construction, system
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installation, and integration of system
components;
Æ Material testing policies and
procedures;
Æ Internal plan implementation and
reporting requirements;
Æ Criteria and procedures to be used
for testing the operational system or its
major components;
Æ Periodic updates of the plan,
especially related to project budget and
project schedule, financing, and
ridership estimates; and
Æ The project sponsor’s commitment
to submit periodically a project budget
and project schedule to FRA if the
project is selected.
• Financial Plan—A Financial Plan is
a formal integrated document that
addresses the applicant’s approach
toward managing the financial resources
necessary to deliver the project and
must be included with any application
submitted pursuant to this solicitation.
For a Service Development Program, the
objectives of a Financial Plan are to (1)
identify the sources of funding that will
be used to satisfy the financing
requirements to develop and implement
the project (as based on the
requirements established in project cost
estimates); (2) describe the risks
associated with the financing of the
project (such as uncertainty regarding
the commitment of required funding
and the potential for unanticipated cost
overruns); (3) identify the sources of any
funding required to support the
operations of the project. See Appendix
3 for additional information and
suggested content for a Financial Plan
that satisfies the objectives above.
• System Safety Plan—A System
Safety Plan (SSP) must be submitted
that demonstrates that the Service
Development Program’s design,
implementation, and operation will
comply with all applicable FRA safety
requirements and will be performed in
a manner that places safety as the
highest priority. In general, the length,
detail, and complexity of the SSP will
depend significantly on the size and
complexity of the Service Development
Program. For relatively simple Service
Development Programs, the SSP may be
limited, describing the program’s
compliance with specific safety
regulations and providing reference to
procedures that will be followed for
ensuring safe implementation. As
applicable, the preparation of the SSP
should be closely coordinated with, and
may draw content from, documentation
prepared by the applicant to satisfy
requirements of the FRA Office of
Railroad Safety, especially the
guidelines for an APTA/FRA System
Safety Program Plan, the FRA guidelines
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for collision hazard analysis, and any
subsequent FRA regulations currently
being developed requiring System
Safety Plans. Prior to FRA issuing an
LOI or cooperative agreement for a
Service Development Program, an
applicant must complete a System
Security Plan.
• Railroad and Project Sponsor
Agreements—Although the
implementation of a HSIPR Service
Development Program will generally
require the development of numerous
agreements of varying complexity
between the parties involved with and
affected by the project, two categories of
agreement represent key elements of
project delivery: (1) Agreements
between the project sponsor(s) and the
railroad(s) that own the infrastructure
and that operate the service, and (2)
agreements between multiple project
sponsors, for projects that cross
jurisdictional boundaries and/or involve
subrecipients.
Æ Railroad Agreements—
Applications for Service Development
Programs must include, at a minimum,
agreements in principle with railroads
that own any infrastructure to be
improved as part of the Service
Development Program and the operator
of the HSIPR service(s) that will benefit
from the project. Agreements in
principle must demonstrate the
railroads’ commitment to taking all
steps within their control to ensure the
achievement of the public benefits (and
particularly all operational benefits) of
the Service Development Program that
are described in the application, and
their concurrence with the program of
capital project identified as being
required to achieve those benefits. Such
agreements in principle should be
structured so as to be able serve as the
basis for future contractual agreements
through which the railroads’
cooperation in achieving the public
benefits may be enforced by the project
sponsor.
Æ Project Sponsor Agreements—For
any project that has multiple potential
grantees or project sponsors, application
must include a Project Sponsor
Agreement executed among all of the
parties involved that establishes the
relationships between these entities and
that identifies a single legal Grantee
who will be responsible to and serve as
the primary point of contact for FRA.
4.2.7 Optional Supporting
Documentation
• Preliminary Engineering (PE) and/
or Final Design (FD) Documentation—
While not required as part of the
application package, applicants should
provide any documents that
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demonstrate the PE status (or Final
Design status, if completed) of the
proposed projects within the program.
PE refines project plans and conceptual
designs in order to identify the specific
design alternative that can assure
delivery of project objectives. At a
minimum, completed PE documentation
must demonstrate fully (1) the
construction and operational feasibility
of the project, (2) a level of project
design, cost estimates, and schedules
sufficient to advance immediately into
full implementation, e.g., through a
‘‘design-build’’ contract, and (3)
identification of service operation
outcomes sufficient to support
agreements with stakeholders (e.g.,
railroads) needed to deliver those
benefits. See Appendix 2.3 for
additional information on Preliminary
Engineering and Appendix 2.4 for
information on Final Design.
• Other Relevant and Available
Documentation—To support the
Application Form, FRA welcomes the
submission of other relevant and
available supporting documentation that
may have been developed by the
applicant. The format and structure of
any optional supporting documents is at
the discretion of the applicant. Optional
supporting documentation may be
provided one of two ways: (1) As
attachments to the application or (2) in
hard copy to the address in Section 4.5
for materials that cannot otherwise be
provided electronically. Applicants
should provide notification of any
documentation being submitted in hard
copy in the appropriate section of the
Application Form.
4.3 Submission Dates and Times
Applications for these funds must be
submitted through GrantSolutions by 5
p.m. EDT, August 6, 2010.
4.4 Intergovernmental Review
This program has not been designated
as subject to Executive Order 12372
pursuant to 49 CFR part 17.
4.5 Other Submission Information
As detailed in Section 4.1.1, all
application materials, including
supporting documentation, should be
submitted through GrantSolutions.
Should an applicant encounter
technical difficulties using the
GrantSolutions system, please contact
the GrantSolutions Help Desk at 1–866–
577–0771 or via e-mail at
help@grantsolutions.gov. If the
applicant experiences technical issues
that may cause the applicant to miss the
application deadline, the applicant must
contact FRA at HSIPR@dot.gov
immediately to request consideration to
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submit the application after the
deadline. FRA staff may ask the
applicant to e-mail the complete grant
application, the DUNS number, and
provide a GrantSolutions Customer
Support tracking number(s). After FRA
reviews all of the information submitted
and contacts the GrantSolutions
Customer Support to validate the
technical issues reported, FRA will
contact the applicant to either approve
or deny the request to submit a late
application. If the technical issues
reported cannot be validated, the
application may be rejected as untimely.
For applications submitted by e-mail,
the applicant should print, sign, scan
into electronic format (preferably Adobe
Portable Document Format (.pdf)), and
attach to the submission e-mail copies
of all application forms requiring the
applicant’s signature.
For optional supporting
documentation that an applicant is
unable to submit electronically (such as
oversized engineering drawings), an
applicant may submit an original and
two copies to the address below.
However, due to delays caused by
enhanced screening of mail delivered
via the U.S. Postal Service, applicants
are advised to use other means of
conveyance (such as courier service) to
assure timely receipt of materials.
U.S. Department of Transportation,
Federal Railroad Administration, Attn:
HSIPR Program Information (RPD–10)
Room 38–302, Mail Stop 20, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
Applications will be individually
reviewed and assessed against the
evaluation criteria outlined in Section
5.2. For each of the criteria, the panel
will assign a rating of zero to three
points, based on the application’s
fulfillment of the objectives of each
criterion. These individual criterion
ratings will then be combined according
to priority of criteria to arrive at an
overall rating for the application.
The evaluation criteria, ranked in
order of priority, are:
1. Public Benefits.
2. Sustainability of Benefits.
3. Project Delivery Approach.
In addition to the ratings assigned by
the technical evaluation panels, the FRA
Administrator may take into account
several cross-cutting and comparative
selection criteria to determine awards.
The Administrator will review the
preliminary results to ensure that the
scoring has been applied consistently
and that the collective results meet
several key priorities essential to the
success and sustainability of the
program (see Section 5.3). The five
selection criteria are:
1. Fulfillment of DOT Strategic Goals.
2. Region/Location.
3. Innovation/Resource Development.
4. Partnerships/Participation.
5. Prior Federal Funding and State
Investments.
In accordance with 49 U.S.C.
24402(c), FRA may also consider ‘‘other
relevant factors as determined by the
Secretary’’ of Transportation, in addition
to the evaluation and selection criteria
described below.
Section 5: Application Review
Information
5.2
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5.1
Review and Selection Process
Complete applications are due by 5
p.m. EDT, August 6, 2010. Applications
will proceed through a three-step
process:
1. Screening for completeness and
eligibility (requirements outlined above
in Section 3);
2. Review of each eligible application
individually by a technical panel
applying ‘‘evaluation criteria’’; and
3. Final review of all eligible
applications collectively and selection
by the FRA Administrator applying
‘‘selection criteria.’’
All applications will first be screened
for completeness and applicant and
project eligibility. Applications
determined to be both complete and
eligible will be referred to a technical
panel consisting of subject-matter
experts for an evaluation review. The
panels will be comprised of professional
staff employed by FRA and other DOT
modal administrations, as appropriate.
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Evaluation Criteria
Careful economic analysis that
quantifies and demonstrates the
monetary value of user benefits and, if
available, public benefits, will be
particularly relevant to FRA in
evaluating applications. The systematic
process of comparing expected benefits
and costs helps decision-makers
organize information about, and
evaluate trade-offs between, alternative
transportation investments. FRA will
consider benefits and costs using
standard data provided by applicants
and will evaluate applications in a
manner consistent with Executive Order
12893, Principles for Federal
Infrastructure Investments, 59 FR 4233
(January 31, 1994).
5.2.1
Public Benefits
Evaluation against this criterion will
consider the qualitative factors outlined
below, as supported by key quantitative
metrics. Applicants must determine and
identify service outcomes to quantify
the anticipated benefits of the Service
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Development Program (or distinct phase
or geographic segment) proposed in an
application.
5.2.1.1 Transportation Benefits
Each application will be assessed
based on its demonstration of the
potential of the proposed Service
Development Program investments to
achieve transportation benefits in a costeffective manner. Factors to be
considered in assigning a rating include
the contribution the proposed Service
Development Program would make to:
• Supporting the development of
intercity high-speed rail service;
• Generating improvements to
existing high-speed and intercity
passenger rail service, as reflected by
estimated increases in ridership (as
measured in passenger-miles), increases
in operational reliability (as measured
in reductions in delays), reductions in
trip times, additional service
frequencies to meet anticipated or
existing demand, and other related
factors;
• Generating cross-modal benefits,
including anticipated favorable impacts
on air or highway traffic congestion,
capacity, or safety, and cost avoidance
or deferral of planned investments in
aviation and highway systems;
• Creating an integrated high-speed
and intercity passenger rail network,
including integration with existing
intercity passenger rail services,
allowance for and support of future
network expansion, and promotion of
technical interoperability and
standardization (including
standardizing operations, equipment,
and signaling);
• Encouragement of intermodal
connectivity and integration through
provision of direct, efficient transfers
among intercity transportation and local
transit networks at train stations,
including connections at airports, bus
terminals, subway stations, ferry ports,
and other modes of transportation;
• Enhancing intercity travel options;
• Ensuring a state of good repair of
key intercity passenger rail assets;
• Promoting standardized rolling
stock, signaling, communications, and
power equipment;
• Improved freight or commuter rail
operations, in relation to proportional
cost-sharing (including donated
property) by those other benefiting rail
users;
• Equitable financial participation in
the project’s financing, including, but
not limited to, consideration of donated
property interests or services; financial
contributions by freight and commuter
rail carriers commensurate with the
benefit expected to their operations; and
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financial commitments from host
railroads, non-Federal governmental
entities, nongovernmental entities, and
others;
• Encouragement of the
implementation of positive train control
(PTC) technologies (with the
understanding that 49 U.S.C. 20147
requires all Class I railroads and entities
that provide regularly scheduled
intercity or commuter rail passenger
services to fully institute interoperable
PTC systems by December 31, 2015);
and
• Incorporating private investment in
the financing of capital projects or
service operations.
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5.2.1.2
Other Public Benefits
Each application will be assessed
based on its demonstration of the
potential of the proposed Service
Development Program investments to
achieve other public benefits in a costeffective manner. Factors to be
considered in assigning a rating will
include the contribution the proposed
Service Development Program would
make to:
• Environmental quality and energy
efficiency and reduction in dependence
on foreign oil, including use of
renewable energy sources, energy
savings from traffic diversions from
other modes, employment of green
building and manufacturing methods,
reductions in key emissions types, and
the purchase and use of
environmentally sensitive, fuel-efficient,
and cost-effective passenger rail
equipment;
• Promoting interconnected livable
communities, including complementing
local or State efforts to concentrate
higher-density, mixed-use development
in areas proximate to multi-modal
transportation options (including
intercity passenger rail stations);
• Improving historic transportation
facilities; and
• Creating jobs and stimulating the
economy. Although this solicitation is
not funded by the American Recovery
and Reinvestment Act of 2009 (Pub. L.
111–5), these goals remain a top priority
of this Administration. Therefore,
Service Development Program
applications will be evaluated on the
extent to which the project is expected
to quickly create and preserve jobs and
stimulate rapid increases in economic
activity, particularly jobs and activity
that benefit economically distressed
areas, as defined by section 301 of the
Public Works and Economic
Development Act of 1965, as amended
(42 U.S.C. 3161) (‘‘Economically
Distressed Areas’’).
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5.2.2
Sustainability of Benefits
Applications will be evaluated against
this criterion to assess the likelihood of
realizing the proposed Service
Development Program’s benefits.
Factors to be considered in assigning a
rating will include:
• The quality of a Financial Plan that
analyzes the financial viability of the
proposed rail service;
• The quality and reasonableness of
revenue and operating and maintenance
cost forecasts for the benefiting intercity
passenger rail service(s);
• The availability of any required
operating financial support, preferably
from dedicated funding sources for the
benefiting intercity passenger rail
service(s);
• The quality and adequacy of project
identification and planning;
• The reasonableness of estimates for
user and non-user benefits for the
project;
• The reasonableness of the operating
service plan, including its provisions for
protecting the future quality of other
services sharing the facilities to be
improved;
• The comprehensiveness and
sufficiency, at the time of application, of
agreements with key partners (including
the railroad operating the intercity
passenger rail service and
infrastructure-owning railroads) that
will be involved in the operation of the
benefiting intercity passenger rail
service, including the commitment of
any affected host-rail carrier to ensure
the realization of the anticipated
benefits, preferably through a
commitment by the affected host-rail
carrier(s) to an enforceable on-time
performance of passenger trains of 80
percent or greater;
• The favorability of the comparison
between the level of anticipated benefits
and the amount of Federal funding
requested; and
• The applicant’s contribution of a
cost share greater than the required
minimum of 20 percent.
5.2.3
Project Delivery Approach
Each application will be assessed to
determine the risk associated with the
project’s delivery within budget, on
time, and as designed. Evaluation
against this criterion will consider the
factors outlined below, which take into
account the thoroughness and quality of
the supporting documentation
submitted with the application. Factors
to be considered in assigning a rating
will include:
• The applicant’s financial, legal, and
technical capacity to implement the
project, including whether the
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application depends upon receipt of any
waiver(s) of Federal railroad safety
regulations that have not been obtained;
• The applicant’s experience in
administering similar grants and
projects, including a demonstrated
ability to deliver on prior FRA financial
assistance programs;
• The soundness and thoroughness of
the cost methodologies, assumptions,
and estimates for the proposed project;
• The reasonableness of the schedule
for project implementation;
• The thoroughness and quality of the
Project Management Plan;
• The timing and amount of the
project’s future noncommitted
investments;
• The overall completeness and
quality of the application, including the
comprehensiveness of its supporting
documentation;
• The adequacy of any completed
engineering work to assess and manage/
mitigate the proposed project’s
engineering and constructability risks;
• The sufficiency of system safety and
security planning;
• The project’s progress, at the time of
application, towards compliance with
environmental protection requirements;
• The readiness of the project to be
commenced; and
• The timeliness of project
completion and the realization of the
project’s anticipated benefits.
5.3 Selection Criteria
The FRA Administrator will use the
criteria below to ensure that the projects
selected for funding will advance key
priorities of the development of
intercity and high-speed passenger rail
and contribute positively to the success
and sustainability of the HSIPR
program.
5.3.1 Fulfillment of DOT Strategic
Goals (as Outlined in the U.S. DOT
Strategic Plan 2010–2015)
• Improving transportation safety.
• Maintaining transportation
infrastructure in a state of good repair.
• Promoting economic
competitiveness.
• Fostering livable communities.
• Advancing environmentally
sustainable transportation policies.
5.3.2 Region/Location
• Ensuring appropriate level of
regional balance across the country.
• Ensuring promotion of livable
communities in urban and rural
locations.
• Ensuring consistency with national
transportation and rail network
objectives.
• Ensuring integration with other rail
services and transportation modes.
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5.3.3 Innovation/Resource
Development
• Pursuing new technology and
innovation where the public return on
investment is favorable, while ensuring
delivery of near-term transportation,
public and economic recovery benefits.
• Advancing the state of the art in
modeling techniques for assessing
potential intercity passenger rail costs
and benefits.
• Promoting domestic manufacturing,
supply and industrial development,
including U.S.-based manufacturing and
supply industries.
• Developing professional railroad
engineering, operating, planning and
management capacity needed for
sustainable high-speed intercity
passenger rail development.
5.3.4
Partnerships/Participation
• Where corridors span multiple
States, emphasizing those that have
organized multi-State partnerships with
joint planning and prioritization of
investments.
• Employing creative approaches to
ensure workforce diversity and use of
disadvantaged and minority business
enterprises.
• Engaging local communities and a
variety of other stakeholder groups in
the project, where applicable.
5.3.5 Prior Federal Funding and State
Investments
• Assessing how a proposed project
would complement previous
construction or planning grants made
under the HSIPR or related programs.
• Assessing how the proposed project
would complement previous State
investments in high-speed intercity
passenger rail.
• Assessing the applicant’s track
record in sustainable funding and
project delivery.
Section 6: Award Administration
Information
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6.1
Award Notices
Applications selected for funding will
be announced after the application
review period. FRA will contact
applicants with successful applications
after announcement with information
and instructions about the award
process. Notification of a selected
application is not an authorization to
begin proposed project activities.
6.2 Administrative and National
Policy Requirements
The provisions of this section apply to
grant recipients of the HSIPR program.
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6.2.1 Contracting Information
A grant recipient’s procurement of
goods and services must comply with
the Procurement Standards
requirements set forth at 49 CFR 18.36
or 49 CFR 19.40 through 19.48,
whichever is applicable depending on
the type of grantee (part 18 covers State
and local governments and part 19
covers non-profit and for-profit entities),
and with applicable supplementary U.S.
DOT or FRA directives or regulations.
6.2.2 Compliance With Federal Civil
Rights Laws and Regulations
The grant recipient must comply with
all civil rights laws and regulations, in
accordance with applicable Federal
directives, except to the extent that FRA
determines otherwise in writing. These
include, but are not limited to, the
following: (a) Title VI of the Civil Rights
Act of 1964 (Pub. L. 88–352) (as
implemented by 49 CFR part 21), which
prohibits discrimination on the basis of
race, color or national origin; (b) Title IX
of the Education Amendments of 1972,
as amended (20 U.S.C. 1681–1683, and
1685–1686), which prohibits
discrimination on the basis of sex, (c)
Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. 794),
which prohibits discrimination on the
basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended
(42 U.S.C. 1601–1607), which prohibits
discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment
Act of 1972 (Pub. L. 92–255), as
amended, relating to nondiscrimination
on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pub. L. 91–
616), as amended, relating to
nondiscrimination on the basis of
alcohol abuse or alcoholism; (g)
Sections 523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C.
290 dd–3 and 290 ee–3), as amended,
relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII
of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), as amended,
relating to nondiscrimination in the
sale, rental, or financing of housing, (i)
49 U.S.C. 306, which prohibits
discrimination on the basis of race,
color, national origin, or sex in railroad
financial assistance programs; (j) any
other nondiscrimination provisions in
the specific statute(s) under which
application for Federal assistance was
made; and (k) the requirements of any
other nondiscrimination statute(s)
which may apply to the grant recipient.
Grant recipients must comply with all
regulations, guidelines, and standards
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adopted under the above statutes. The
grant recipient is also required to submit
information, as required, to the FRA
Office of Civil Rights concerning its
compliance with these laws and
implementing regulations and its
activities implementing a grant award.
6.2.3 Disadvantaged Business
Enterprises (DBE)
FRA encourages its grant recipients to
utilize small business concerns owned
and controlled by socially and
economically disadvantaged individuals
(as that term is defined for other DOT
operating administrations at 49 CFR part
26) in carrying out projects funded
under the HSIPR program, although
FRA grant recipients are not required to
do so. The DOT DBE regulation (49 CFR
part 26) applies only to certain
categories of Federal highway, Federal
transit, and airport funds. FRA is not
covered under the DOT DBE
regulations. The procurement standards
applicable to grant recipients require
grant recipients and subgrantees to take
all necessary affirmative steps to assure
that minority firms, women’s business
enterprises, and labor surplus area firms
are used when possible (see 49 CFR
18.36(e) and 19.44(b)). The grant
recipient shall submit information, as
required, to the FRA Office of Civil
Rights concerning its activities with
respect to DBEs in implementing a grant
award.
6.2.4
Assurances and Certifications
Upon acceptance of the grant by FRA,
all certifications and assurances
provided by the grant recipient through
the application process are incorporated
in and become part of the grant
agreement. Applicable forms include SF
424(A)/(B), SF 424(C)/(D), and FRA’s
Assurances and Certification form. The
OMB Standard Forms can be accessed at
https://www.forms.gov. The FRA
Assurances and Certifications Document
is available at https://www.fra.dot.gov/
downloads/admin/
assurancesandcertifications.pdf.
6.2.5 Debarment and Suspension; and
Drug-Free Workplace
Grant recipients must obtain
certifications on debarment and
suspension for all third party
contractors and subgrantees and comply
with all DOT regulations,
‘‘Nonprocurement Suspension and
Debarment’’ (2 CFR part 1200), and
‘‘Governmentwide Requirements for
Drug-Free Workplace (Grants)’’ (49 CFR
part 32).
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6.2.6
Safety Oversight
Grant recipients must comply with
any Federal regulations, laws, policy,
and other guidance that FRA or DOT
may issue pertaining to safety oversight
in general and in the performance of any
grant award in particular. FRA has in
place a comprehensive system of
railroad safety oversight (see 49 CFR
part 209 et seq.) that is applicable to
railroad operations generally.
6.2.7 Americans With Disabilities Act
(ADA)
Grant recipients must agree to use
funds provided under the grant
agreement in a manner consistent with
the requirements of Title II of the
Americans with Disabilities Act (ADA)
of 1990, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended
(29 U.S.C. 794); and both statutes’
implementing regulations at 49 CFR
parts 27, 37, and 38. DOT (through its
delegate FRA) has responsibility to offer
technical assistance for the provisions of
the ADA about which it issues
regulations. 42 U.S.C. 12206(c)(1) reads:
‘‘Each Federal agency that has
responsibility under paragraph (2) for
implementing this chapter may render
technical assistance to individuals and
institutions that have rights or duties
under the respective subchapters of this
chapter for which such agency has
responsibility.’’ Grant recipients are
strongly encouraged to seek FRA’s
technical assistance with regard to the
accessible features of passenger rail
systems, to include accessibility at
stations and on railcars. FRA believes
such technical assistance is essential
where interpretation of DOT’s
regulatory requirements is necessary
and/or before the creation of any new
rail system.
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6.2.8
Environmental Protection
All facilities that will be used to
perform work under an award shall not
be so used unless the facilities are
designed and equipped to limit water
and air pollution in accordance with all
applicable local, State, and Federal
standards.
Grant recipients will conduct work
under an award and will require that
work that is conducted as a result of an
award be in compliance with the
following provisions, as modified from
time to time: Section 114 of the Clean
Air Act, 42 U.S.C. 7414, and Section 308
of the Federal Water Pollution Control
Act, 33 U.S.C. 1318, and all regulations
issued there under. Through the grant
agreement, grant recipients will certify
that no facilities that will be used to
perform work under an award are listed
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on the List of Violating Facilities
maintained by the Environmental
Protection Agency (EPA). Grant
recipients will be required to notify the
Administrator as soon as it or any
contractor or subcontractor receives any
communication from the EPA indicating
that any facility which will be used to
perform work pursuant to an award is
under consideration to be listed on the
EPA’s List of Violating Facilities;
provided, however, that the grant
recipient’s duty of notification shall
extend only to those communications of
which it is aware, or should reasonably
have been aware. Grant recipients will
need to include or cause to be included
in each contract or subcontract entered
into, which contract or subcontract
exceeds $50,000.00 in connection with
work performed pursuant to an award,
the criteria and requirements of this
section and an affirmative covenant
requiring such contractor or
subcontractor to immediately inform the
grant recipient upon the receipt of a
communication from the EPA
concerning the matters set forth herein.
6.2.9 National Environmental Policy
Act (NEPA)
The following is a description of
FRA’s standard grant provisions on
NEPA compliance.
Generally, grant recipients may not
expend any of the funds provided in an
award on construction or other activities
that represent an irretrievable
commitment of resources to a particular
course of action affecting the
environment until after all
environmental and historic preservation
analyses required by the National
Environmental Policy Act (42 U.S.C.
4332) (NEPA), the National Historic
Preservation Act (16 U.S.C. 470(f))
(NHPA), and related laws and
regulations have been completed and
FRA has provided the grant recipient
with a written notice authorizing them
to proceed.
In instances where NEPA approval
has not been secured at the time of grant
award, grant recipients are required to
assist FRA in its compliance with the
provisions of NEPA, the Council on
Environmental Quality’s regulations
implementing NEPA (40 CFR part 1500
et seq.), FRA’s ‘‘Procedures for
Considering Environmental Impacts’’ (45
FR 40854, June 16, 1980, as revised May
26, 1999, 64 FR 28545), Section 106 of
the NHPA, and related environmental
and historic preservation statutes and
regulations. As a condition of receiving
financial assistance under an award,
grant recipients may be required to
conduct certain environmental analyses
and to prepare and submit to FRA draft
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documents required under NEPA,
NHPA, and related statutes and
regulations (including draft
environmental assessments and
proposed draft and final environmental
impact statements).
No publicly-owned land from a park,
recreational area, or wildlife or
waterfowl refuge of national, State, or
local significance as determined by the
Federal, State, or local officials having
jurisdiction thereof, or any land from an
historic site of national, State, or local
significance as so determined by such
officials shall be used by grant
recipients without the prior written
concurrence of FRA. Grant recipients
shall assist FRA in complying with
these requirements of 49 U.S.C. 303(c).
6.2.10
Environmental Justice
The grant recipient will be required to
agree to facilitate compliance with the
policies of Executive Order No. 12898,
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations,’’ 42 U.S.C. 4321 note,
except to the extent that FRA
determines otherwise in writing.
6.2.11 Operating and Access
Agreements
Grant recipients will be required to
reach a written agreement, approved by
FRA, with each of the railroads or other
entity on whose property the project
will be located. Among other things,
such railroad/owner agreements shall
specify terms and conditions regarding
the following issues: responsibility for
project design and implementation,
project property ownership,
maintenance responsibilities, and
disposition responsibilities, and the
owning entity’s commitment to achieve,
to the extent it has control, the
anticipated project benefits. If an
agreement between the grant recipient
and the owner that substantially
addresses the above-referenced issues is
already in place as of the date of
execution of the grant agreement, the
grant recipient will be required to
submit it to FRA for FRA’s review and
determination of adequacy. However, if
either no agreement is in place as of the
date of execution of this Agreement, or
if an existing agreement has been
determined by FRA to be inadequate,
the grant recipient shall, prior to the
grant recipient’s execution of an
agreement with the owner, submit the
final draft of such an agreement to FRA
for FRA’s review and approval. A
finding by FRA that the required
approved railroad/owner agreement(s)
are in place is a prerequisite for the
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obligation of funding for constructionrelated activities.
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6.2.12 Real Property and Equipment
Management, Discontinuance of
Service, and Disposition Requirements
The grant recipient will be required to
ensure the maintenance of project
property to the level of utility (including
applicable FRA track safety standards)
that existed when the project
improvements were placed in service
for a period of a minimum of 20 years
from the date such project property was
placed in service. In the event that all
intercity passenger rail service making
use of the project property is
discontinued during the 20-year period,
the grant recipient will be required to
continue to ensure the maintenance of
the project property, as set forth above,
for a period of one year to allow for the
possible reintroduction of intercity
passenger rail service. In the event the
grant recipient should fail to ensure the
maintenance of project property, as set
forth above, for a period of time in
excess of six months, the grant recipient
will be required to refund to FRA a prorata share of the Federal contribution,
based upon the percentage of the 20year period remaining at the time of
such original default.
The grant recipient will also be
required to acknowledge that the
purpose of the project is to benefit
intercity passenger rail service. In the
event that all intercity passenger rail
service making use of the project
property is discontinued (for any
reason) at any time during a period of
20 years from the date such project
property was placed in service, as set
forth above, and if such intercity
passenger rail service is not
reintroduced during a one-year period
following the date of such
discontinuance, the grant recipient will
be required to refund to FRA, no later
than 18 months following the date of
such discontinuance, a pro-rata share of
the Federal contribution, based upon
the percentage of the 20-year period
remaining at the time of such
discontinuance.
6.2.13 Freedom of Information Act
(FOIA)
As a Federal agency, FRA is subject to
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), which generally provides
that any person has a right, enforceable
in court, to obtain access to Federal
agency records, except to the extent that
such records (or portions of them) are
protected from public disclosure by one
of nine exemptions or by one of three
special law enforcement record
exclusions. Grant applications and
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related materials submitted by
applicants pursuant to this notice of
funding availability would become
agency records and thus subject to the
FOIA and to public release through
individual FOIA requests. FRA also
recognizes that certain information
submitted in support of an application
for funding in accordance with this
notice could be exempt from public
release under FOIA as a result of the
application of one of the FOIA
exemptions, most particularly
Exemption 4, which protects trade
secrets and commercial or financial
information obtained from a person that
is privileged or confidential (5 U.S.C.
552(b)(4)). In the context of this grant
program, commercial or financial
information obtained from a person
could be confidential if disclosure is
likely to cause substantial harm to the
competitive position of the person from
whom the information was obtained
(see National Parks & Conservation
Ass’n v. Morton, 498 F.2d 765, 770 (DC
Cir. 1974)). Entities seeking exempt
treatment must provide a detailed
statement supporting and justifying
their request and should follow FRA’s
existing procedures for requesting
confidential treatment in the railroad
safety context found at 49 CFR 209.11.
As noted in the Department’s FOIA
implementing regulation (49 CFR part
7), the burden is on the entity requesting
confidential treatment to identify all
information for which exempt treatment
is sought and to persuade the agency
that the information should not be
disclosed (see 49 CFR 7.17). The final
decision as to whether the information
meets the standards of Exemption 4
rests with FRA.
6.2.14 Security Planning and
Oversight
The grant recipient must comply with
any Federal regulations, laws, policy,
and other guidance that FRA, DOT, or
the Department of Homeland Security
may issue pertaining to security
oversight in general and that FRA or
DOT may issue regarding the
performance of any grant award in
particular. Prior to FRA issuing an LOI
or a cooperative agreement for a Service
Development Program, an applicant
must complete a System Security Plan.
6.3 Program-Specific Grant
Requirements
6.3.1 Buy America
Grant recipients must comply with
the Buy America provisions set forth in
49 U.S.C. 24405(a), which specifically
provide that the Secretary of
Transportation may obligate funds for a
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HSIPR project only if the steel, iron, and
manufactured goods used in the project
are produced in the United States. The
Secretary (or the Secretary’s delegate,
the FRA Administrator) may waive this
requirement if the Secretary finds that
applying this requirement would be
inconsistent with the public interest; the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality; rolling stock or power train
equipment cannot be bought and
delivered in the United States within a
reasonable time; or including domestic
material will increase the cost of the
overall project by more than 25 percent.
For purposes of implementing these
requirements, in calculating the
components’ costs, labor costs involved
in final assembly shall not be included
in the calculation. If the Secretary
determines that it is necessary to waive
the application of the Buy America
requirements, the Secretary is required
before the date on which such finding
takes effect to publish in the Federal
Register a detailed written justification
as to why the waiver is needed; and
provide notice of such finding and an
opportunity for public comment on
such finding, for a reasonable period of
time, not to exceed 15 days. The
Secretary may not make a waiver for
goods produced in a foreign country if
the Secretary, in consultation with the
United States Trade Representative,
decides that the government of that
foreign country has an agreement with
the United States Government under
which the Secretary has waived the
requirement of this subsection, and the
government of that foreign country has
violated the agreement by
discriminating against goods to which
this subsection applies that are
produced in the United States and to
which the agreement applies. The Buy
America requirements described in this
section shall only apply to projects for
which the costs exceed $100,000.
6.3.2 Operators Deemed Rail Carriers
With the exception of entities falling
within the exclusions set forth in 49
U.S.C. 24405(e), a person that conducts
rail operations over rail infrastructure
constructed or improved with funding
provided in whole or in part in a grant
made under this program shall be
considered a rail carrier, as defined in
Section 49 U.S.C. 10102(5), for purposes
of title 49 of the United States Code and
any other statute that adopts the
definition found in 49 U.S.C. 10102(5),
including the Railroad Retirement Act
of 1974 (45 U.S.C. 231 et seq.); the
Railway Labor Act (43 U.S.C. 151 et
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seq.); and the Railroad Unemployment
Insurance Act (45 U.S.C. 351 et seq.)
(see 49 U.S.C. 24405(b)).
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6.3.3 Railroad Agreements
As a condition of receiving a grant
under this program for a project that
uses rights-of-way owned by a railroad,
the grant recipient shall have in place a
written agreement between the grant
recipient and the railroad regarding
such use and ownership, including any
compensation for such use; assurance
that service outcomes specified to result
from the project, and for which the
railroad is necessary for delivery, will
be delivered, and a mechanism to
enforce specified service outcomes;
assurances regarding the adequacy of
infrastructure capacity to accommodate
both existing and future freight and
passenger operations; an assurance by
the railroad that collective bargaining
agreements with the railroad’s
employees (including terms regulating
the contracting of work) will remain in
full force and effect according to their
terms for work performed by the
railroad on the railroad transportation
corridor; and an assurance that the grant
recipient complies with liability
requirements consistent with 49 U.S.C.
28103. Grant recipients that use rightsof-way owned by a railroad must
comply with FRA guidance regarding
how to establish a written agreement
between the applicant and the railroad
regarding use and ownership as
discussed in Sections 4.2.6 and 6.2.11
(see 49 U.S.C. 24405(c)).
6.3.4 Labor Protection
As a condition of receiving a grant
under this program for a project that
uses rights-of-way owned by a railroad,
the grant recipient must agree to comply
with the standards of 49 U.S.C. 24312,
as such section was in effect on
September 1, 2003, with respect to the
project in the same manner that Amtrak
is required to comply with those
standards for construction work
financed under an agreement made
under 49 U.S.C. 24308(a) and the
protective arrangements established
under Section 504 of the Railroad
Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836) with respect
to employees affected by actions taken
in connection with the project to be
financed in whole or in part by grants
under this program (see 49 U.S.C.
24405(c)).
6.3.5 Davis-Bacon Act
Projects funded through PRIIA that
use rights-of-way owned by a railroad
are required to comply with the DavisBacon Act (40 U.S.C. 3141 et seq.) as
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provided for in 49 U.S.C. 24405(c)(2).
The Davis-Bacon Act is a measure that
fixes a floor under wages on Federal
government projects and provides, in
pertinent part, that the minimum wages
to be paid for classes of workers under
a contract for the construction,
alteration, and/or repair of a Federal
public building or public work must be
based upon wage rates determined by
the Secretary of Labor to be prevailing
for corresponding classes of workers
employed on projects of a character
similar to the contract work in the civil
subdivision of the State in which the
work is to be performed.
6.3.6 Replacement of Existing Intercity
Passenger Rail Service
Grant recipients providing intercity
passenger rail transportation that begins
operations after October 16, 2008, on a
project funded in whole or in part by
grants made under this program and
that replaces intercity passenger rail
service that was provided by Amtrak,
unless such service was provided solely
by Amtrak to another entity as of such
date, are required to enter into a series
of agreements with the authorized
bargaining agent or agents for adversely
affected employees of the predecessor
provider (see 49 U.S.C. 24405(d)).
6.4
Reporting
6.4.1 Standard Reporting
Requirements
• Progress Reports—Progress reports
are to be submitted quarterly. These
reports must relate the state of
completion of items in the statement of
work to expenditures of the relevant
budget elements. The grant recipient
must furnish the quarterly progress
report to FRA on or before the 30th
calendar day of the month following the
end of the quarter being reported.
Grantees must submit reports for the
periods: January 1–March 31, April 1–
June 30, July 1–September 30, and
October 1–December 31. Each quarterly
report must set forth concise statements
concerning activities relevant to the
project and should include, but not be
limited to, the following: (a) An account
of significant progress (findings, events,
trends, etc.) made during the reporting
period; (b) a description of any technical
and/or cost problem(s) encountered or
anticipated that will affect completion
of the grant within the time and fiscal
constraints as set forth in the agreement,
together with recommended solutions or
corrective action plans (with dates) to
such problems, or identification of
specific action that is required by FRA,
or a statement that no problems were
encountered; and (c) an outline of work
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and activities planned for the next
reporting period.
• Quarterly Federal Financial Report
(SF–425)—Grantees must submit a
quarterly Federal financial report on or
before the thirtieth (30th) calendar day
of the month following the end of the
quarter being reported (e.g., for quarter
ending March 31, the SF–425 is due no
later than April 30). A report must be
submitted for every quarter of the period
of performance, including partial
calendar quarters, as well as for periods
where no grant activity occurs. Grantees
must use SF–425, Federal Financial
Report, in accordance with the
instructions accompanying the form, to
report all transactions, including
Federal cash, Federal expenditures and
unobligated balance, recipient share,
and program income.
• Interim Report(s)—If required,
interim reports will be due at intervals
specified in the statement of work and
must be submitted electronically in the
GrantSolutions system.
• Final Report(s)—Within 90 days of
the project completion date or
termination by FRA, grantees must
submit a Summary Project Report,
detailing the results and benefits of the
grantee’s improvement efforts, as well as
a final Federal Financial Report (SF–
425).
6.4.2
Audit Requirements
Grant recipients that expend $500,000
or more of Federal funds during their
fiscal year are required to submit an
organization-wide financial and
compliance audit report. The audit must
be performed in accordance with U.S.
General Accountability Office,
Government Auditing Standards,
located at https://www.gao.gov/govaud/
ybk01.htm, and OMB Circular A–133,
Audits of States, Local Governments,
and Non-Profit Organizations, located at
https://www.whitehouse.gov/omb/
circulars/a133/a133.html. Currently,
audit reports must be submitted to the
Federal Audit Clearinghouse no later
than nine months after the end of the
recipient’s fiscal year. In addition, FRA
and the Comptroller General of the
United States must have access to any
books, documents, and records of grant
recipients for audit and examination
purposes. The grant recipient will also
give FRA or the Comptroller, through
any authorized representative, access to
and the right to examine all records,
books, papers or documents related to
the grant. Grant recipients must require
that subgrantees comply with the audit
requirements set forth in OMB Circular
A–133. Grant recipients are responsible
for ensuring that sub-recipient audit
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reports are received and for resolving
any audit findings.
6.4.3 Monitoring Requirements
Grant recipients will be monitored
periodically by FRA to ensure that the
project goals, objectives, performance
requirements, timelines, milestones,
budgets, and other related program
criteria are being met. FRA will conduct
monitoring activities through a
combination of office-based reviews and
onsite monitoring visits. Monitoring
will involve the review and analysis of
the financial, programmatic, and
administrative issues relative to each
program and will identify areas where
technical assistance and other support
may be needed. The recipient is
responsible for monitoring award
activities, including sub-awards and
subgrantees, to provide reasonable
assurance that the award is being
administered in compliance with
Federal requirements. Financial
monitoring responsibilities include the
accounting of recipients and
expenditures, cash management,
maintaining of adequate financial
records, and refunding expenditures
disallowed by audits.
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6.4.4 Closeout Process
Project closeout occurs when all
required project work and all
administrative procedures described in
49 CFR part 18, or 49 CFR part 19, as
applicable, have been completed, and
when FRA notifies the grant recipient
and forwards the final Federal
assistance payment, or when FRA
acknowledges the grant recipient’s
remittance of the proper refund. Project
closeout should not invalidate any
continuing obligations imposed on the
grantee by an award or by FRA’s final
notification or acknowledgment. Within
90 days of the Project completion date
or termination by FRA, grantees agree to
submit a final Federal Financial Report
(SF–425), a certification or summary of
project expenses, a final report, and
third party audit reports, as applicable.
Section 7: Agency Contact
For further information regarding this
notice and the HSIPR program, please
contact the FRA HSIPR Program
Manager via e-mail at HSIPR@dot.gov,
or by mail: U.S. Department of
Transportation, Federal Railroad
Administration, MS–20, 1200 New
Jersey Avenue, SE., Washington, DC
20590 Att’n: HSIPR Program.
Appendix 1: Definition of High-Speed
and Intercity Passenger Rail
‘‘Intercity rail passenger transportation’’ is
defined at 49 U.S.C. 24102(4) as ‘‘rail
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passenger transportation except commuter
rail passenger transportation.’’ An intercity
passenger rail service consists of a group of
one or more scheduled trains (roundtrips)
that provide intercity passenger rail
transportation between bona fide travel
markets (not constrained by State or
jurisdictional boundaries), generally with
similar quality and level-of-service
specifications, within a common (but not
necessarily exclusive or identical) set of
identifiable geographic markets.
Similarly, ‘‘commuter rail passenger
transportation’’ is defined at 49 U.S.C.
24102(3) as ‘‘short-haul rail passenger
transportation in metropolitan and suburban
areas usually having reduced fare, multiple
ride, and commuter tickets and morning and
evening peak period operations.’’ In common
use, the general definition of ‘‘rail passenger
transportation’’ excludes types of local or
regional rail transit, such as light rail,
streetcars, and heavy rail. Similarly, both
intercity passenger rail transportation and
commuter rail passenger transportation
exclude single-purpose scenic or tourist
railroad operations.
The since-terminated Interstate Commerce
Commission (ICC) established six features to
aid in classifying a service as ‘‘commuter’’
rather than ‘‘intercity’’ rail passenger
transportation 1:
• The passenger service is primarily being
used by patrons traveling on a regular basis
either within a metropolitan area or between
a metropolitan area and its suburbs;
• The service is usually characterized by
operation performed at morning and peak
periods of travel;
• The service usually honors commutation
or multiple-ride tickets at a fare reduced
below the ordinary coach fare and carries the
majority of its patrons on such a reduced fare
basis;
• The service makes several stops at short
intervals either within a zone or along the
entire route;
• The equipment used may consist of little
more than ordinary coaches; and
• The service should not extend more than
100 miles at the most, except in rare
instances; although service over shorter
distances may not be commuter or short haul
within the meaning of this exclusion.
FTA further refined the definition of
commuter rail in the glossary for its National
Transit Database (NTD) 2 Reporting Manual.
In particular, FTA refined the ICC’s third
‘‘feature’’ by specifying that ‘‘predominantly
commuter [rail passenger] service means that
for any given trip segment (i.e, distance
between any two stations), more than 50
percent of the average daily ridership travels
on the train at least three times a week.’’
In judging the eligibility of an application
under this solicitation, FRA will determine
whether the rail passenger service that is
primarily intended to benefit from the
1 Penn Central Transportation Company
Discontinuance or Change in Service of 22 Trains
between Boston, Mass, and Providence R.I.,
February 10, 1971, I.C.C. 338, 318–333.
2 In additional to serving as a reference database,
the NTD captures data that serve as the basis for
apportioning and allocating funding to eligible
grantees under FTA’s formula grant programs.
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proposal constitutes ‘‘intercity passenger rail
transportation’’ under the statutory definition
and ICC and FTA interpretations. FRA may
also take into account whether the primary
intended benefiting service has been or is
currently the direct or intended beneficiary
of funding provided by another Federal
agency (e.g., FTA) for the purpose of
improving commuter rail passenger
transportation and whether the service in
question is or will be operated by or on
behalf of a local, regional, or State entity
whose primary rail transportation mission is
the provision of commuter or transit service.
‘‘High-speed rail’’ is an intercity passenger
rail service that ‘‘is reasonably expected to
reach speeds of at least 110 miles per hour’’
(49 U.S.C. 26106(b)(4)).
Appendix 2: Additional Information on
Stages of Project Development
The information contained below in
Appendices 2.1 Service Development
Program Planning, 2.3 Preliminary
Engineering, and 2.4 Final Design represent
suggested content and approaches for
completing the documentation required for
each stage of project development. While
FRA does not require applicants/grantees to
follow the specific document structures and
content listed below, they are provided to
assist applicants/grantees in fulfilling the
objectives necessary to successfully complete
each stage of project development. However,
the information contained in Appendix 2.2
Environmental Documentation must be
adhered to in order to demonstrate
compliance with NEPA.
Appendix 2.1 Service Development
Program Planning
The Service Development Plan (SDP) is
prepared during the planning phase for
HSIPR Service Development Programs. The
SDP lays out the overall scope and approach
for the proposed service. Among the primary
objectives of the SDP are:
• To clearly demonstrate the purpose and
need for new or improved HSIPR service;
• To analyze alternatives for the proposed
new or improved HSIPR service and identify
the alternative that would best addresses the
identified purpose and need;
• To demonstrate the operation and
financial feasibility of the alternative that is
proposed to be pursued; and
• As applicable, to describe how the
implementation of the HSIPR Service
Development Program may be divided into
discrete phases.
The following model outline for the SDP
describes the specific elements and content
that optimally would be included in an SDP.
While nearly all of the topics addressed in
the major sections of this outline are
necessarily interrelated, and should be
addressed through an iterative analytical
process, this outline’s organization highlights
the major disciplines and analytical
capabilities that should be brought together
in the development of an SDP.
1. Purpose and Need
The fundamental starting point of any
transportation planning effort, including
SDPs developed under the HSIPR program, is
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the identification of the purpose and need for
an improvement to the transportation system
service in a given geographic market. In
outlining a transportation problem in need of
a solution, the Purpose and Need section
should provide, at a minimum, a description
of the transportation challenges and
opportunities faced in the markets to be
served by the proposed service, based on
current and forecasted travel demand and
capacity conditions.
2. Rationale
The rationale demonstrates how the
proposed new or improved HSIPR service
would cost-effectively address transportation
and other needs. The rationale is based on
current and forecasted travel demand and
capacity condition. This section should
demonstrate how the proposed service can
cost-effectively address transportation and
other needs considering system alternatives
(highway, air, other, as applicable).
Development of the program rationale
considers multimodal system alternatives
(highway, air, other, as applicable), including
a qualitative and quantitative assessment of
the costs, benefits, impacts, and risks of the
alternatives. Program rationale also explores
synergies between the proposed service and
large-scale goals and development plans
within its service region and communities.
3. Identification of Alternatives
This section describes the alternative
transportation improvements, including
HSIPR improvements and improvements to
other modes, which have been considered
within the SDP as means of addressing the
underlying transportation purpose and need.
At a minimum, this section should identify
a base case (also known as a ‘‘do-nothing’’ or
‘‘do-minimum’’ case), against which these
alternatives have been analyzed within the
SDP, and provide a rationale for the selection
of the base case.
4. Planning Methodology
The SDP should clearly describe the basic
elements of the methodology used in
developing the plan. This may address a
wide array of topics, but at a minimum, it
should address:
a. The planning horizon utilized;
b. Any major, cross-cutting assumptions
employed throughout the SDP; and
c. The level of public involvement in
developing the plan.
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5. Demand and Revenue Forecasts
The SDP should address the methods,
assumptions, and outputs for travel demand
forecasts, and the expected revenue from the
service. It should provide information on the
following topics and outputs:
a. Demand Forecasts
• Methodology—Document the modeling
methodology and approach used to forecast
passenger rail demand (e.g., a four-step
model), including competing modes, HSIPR
alternatives considered, and the method for
reflecting passenger capacity constraints
(such as equipment, station, and station
access capacity) within the HSIPR service.
• Study Area Definition—Describe the
extent of the study area, road network extent,
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rail stations, airports, intercity bus terminals
considered.
• Data sources—Provide the assumptions
and data used to quantify the existing travel
market and forecast year travel market.
• Travel Model—
i. Show the demand model structure
including example equations and elasticities.
ii. Describe the base and future year model,
including specific travel network and service
characteristics. This should include pricing
assumptions (including the rationale and
basis for including or excluding both
revenue-maximizing and public benefitmaximizing pricing models) and travel timerelated assumptions (including frequency,
reliability, and schedule data for the service).
Also include the manner in which exogenous
growth (e.g., related to general economic,
employment, or population growth), has been
accounted for in the model.
iii. Include the mode choice model
structure such as logit nested diagrams.
iv. Explain the model calibration and
validation.
• Model Forecasts—Present and explain
the detailed base and forecast year ridership
outputs (including trip-table outputs), along
with the ramp-up methodology employed for
determining ridership during the
intermediate years between project
completion and the model forecast year.
b. Revenue Forecasts
• Ticket Revenue Forecasts—Explain base
and forecast year ticket revenue forecasts.
• Auxiliary Revenue Forecasts—If
applicable, provide base and forecast year
auxiliary revenue, including but not limited
to, food and beverage revenue, mail and
express revenue.
6. Operations Modeling
This section describes the underlying
operational analyses, including railroad
operation simulations and equipment and
crew scheduling analyses, which in turn
reflect such variables as travel demand and
rolling stock configuration. The modeling
should include all rail activity in the corridor
including freight and commuter rail.
If the new or improved HSIPR service
contemplated under the SDP makes use of
facilities that would be shared with rail
freight, commuter rail, or other Intercity
Passenger Rail services, the existing and
future characteristics of those services—as
developed cooperatively with the rail freight,
commuter, and Intercity Passenger Rail
operators—should be included as a integral
element to the SDP. In particular, the SDP
should show how the proposed Service
Development Program will protect the
quality of those other services through a
planning horizon year. In general, operations
modeling performed in accordance with
FRA’s publication ‘‘Railroad Corridor
Transportation Plans: A Guidance Manual’’
would support an SDP. The section on
operations modeling should provide
information on the following topics and
outputs.
a. Modeling Methodologies
• Describe in detail the Service Network
Analysis models and methodologies used,
including the method through which
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potential infrastructure improvement were
identified and incorporated into the
modeling effort.
• Specifically describe how stochastic
operations variation, in terms of operational
reliability of scheduled rail service,
operational variability of non-scheduled rail
service, and equipment and infrastructure
reliability, has been incorporated into the
modeling effort.
b. Operating Timetables
• Provide base case and alternativespecific schedules for existing and new
HSIPR service and commuter rail service,
and operating windows or schedules, if
applicable, for rail freight and other activities
(e.g., maintenance of way). Include both
revenue operations and all scheduled or
likely non-revenue (deadhead) movements.
c. Equipment Consists
• Describe the equipment consists for all
services included in the operations modeling,
including motive-power (locomotive or
multiple-unit) characteristics (e.g., weight,
horsepower, tractive effort, etc.), nonpowered equipment characteristics (e.g.,
consist lengths in units and distance, trailing
tonnage, etc.), and any use of distributed
power, electronically controlled pneumatic
(ECP) braking systems, or other practices
affecting train performance.
• Provide baseline acceleration rates and
braking curves for all trains included in the
operations modeling, consistent with the
consist characteristics described.
d. Rail Infrastructure Characteristics
• Describe the origin on the rail
infrastructure network employed in the
operations modeling, including whether or
not it was provided by the infrastructure
owner or independently developed.
• Describe any major infrastructure-related
assumptions employed in the operations
modeling, including signal system
characteristics, maximum unbalance, and
turnout speeds.
e. Outputs
• Provide detailed outputs from the
operations modeling of all base case and
alternative scenarios, including stringline
(time and distance) diagrams, delay matrices,
and train-performance calculator speed and
distance graphs.
f. Equipment and Train Crew Scheduling
• Provide outputs of HSIPR equipment and
train crew schedule modeling, demonstrating
how equipment and train crews will turn at
endpoints, and the total equipment and train
crew resources required to meet each
modeled HSIPR operating timetable.
g. Terminal, Yard, and Support Operations
• Provide outputs of detailed modeling of
operations at major terminals, demonstrating
the adequacy of identified platform tracks,
pocket tracks, yard capacity, and
maintenance of equipment facilities to meet
the requirements of each modeled HSIPR
operating timetable.
7. Station and Access Analysis
This section of the SDP addresses the
location of the stations to be served by the
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proposed new or improved HSIPR service,
how these stations will accommodate the
proposed HSIPR service, how passengers will
access those stations, and how these stations
will be integrated with connections to other
modes of transportation. The topics
addressed under this section will depend
greatly on whether the Service Development
Plan is intended to support the introduction
of a new HSIPR service on a new route, or
whether it relates to the improvement of an
existing HSIPR service—generally, the latter,
in serving existing stations, will not require
detailed planning of station locations. This
section of the SDP should provide
information on the following topics and
outputs.
a. Station Location Analysis
• An analysis of potential alternatives for
station locations, with the identification of
preferred locations.
• A description of the methodology
employed in selecting station locations,
including consideration of zoning, land use,
land ownership, station access,
demographics, and livable community factors
(such the relative consideration of center-city
and ‘‘beltway’’ type stations).
• A description of any planned joint use or
development of each station facility by other
passenger rail operators, other transportation
operators (e.g., transit, intercity bus, air
transport), or commercial or residential real
estate developments.
b. Station Operations
• An analysis to determine the adequacy of
Station capacity to meet the needs of the
HSIPR service, including platform length,
platform and concourse pedestrian capacity,
ticketing capacity, compliance with
Americans with Disabilities Act (ADA)
requirements, and compatibility between
station facilities and HSIPR equipment (e.g.,
platform and equipment floor heights).
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c. Intermodal Connectivity
• A detailed description of all non-HSIPR
passenger transportation operations and
services to be integrated into each station.
• A description of the degree on
integration of intermodal connections with
each station facility (e.g., complete
collocation, short distance proximity, distant
proximity, etc.), including estimates of doorto-door passenger transfer times (excluding
waiting, ticketing, and/or check-in time) from
one mode to another (e.g., the time it would
take to go from the an HSIPR service platform
to a subway station entrance, or an airline
check-in counter).
• A description of additional intermodal
integration measures to be employed, such as
integrated ticketing, schedule coordination,
travel information integration, etc.
d. Station Access
• An analysis of how passengers will
access each station, and how these access
options will provide sufficient capacity to
satisfy forecasted ridership to and from the
station, including public transportation, road
network capacity, vehicle pick-up/drop-off,
and parking.
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8. Conceptual Engineering and Capital
Programming
The SDP describes the rail equipment and
infrastructure improvements (and other
investments) required for each discrete phase
of service implementation. If applicable, the
SDP should prioritize improvements for each
phase. The SDP presents estimated capital
costs for projects and project groups, with
documentation of assumptions and methods.
a. Project Identification
• The SDP should identify in detail each
discrete project that will be necessary to
implement the planned new or improved
HSIPR service, such as construction of
specific stations, individual sections of
additional or upgraded track, locomotive and
rolling stock purchases, etc.
• ‘‘Projects’’ should be defined at a level of
detail sufficient to delineate between
elements of the overall scope with differing
geographic locations, different types of
investments (e.g., track improvements vs.
station projects vs. equipment purchases),
and different implementation schedules. The
manner in which the proposed scope is likely
to be divided into contracts for
implementation may also be considered in
identifying the scope of discrete ‘‘projects.’’ In
general, each ‘‘project’’ should be defined
with the aim of making its scope easily
comprehensible and identifiable to a
layperson.
• The identification of discrete projects
should likewise be consistent with proper
usage of the Work Breakdown Structure
(WBS) tool for project management—the
‘‘projects’’ themselves should constitute one
of the top levels of the Service Development
Program’s overall WBS.
b. Project Cost Estimates
• The SDP should include project costs
estimates in both the WBS and HSIPR
Standard Cost Category format.
• The SDP should include the
documentation of the cost estimates in their
original format, illustrating exactly how those
cost estimates were calculated.
• The cost estimates should be supported
by a detailed description of the methodology
and assumptions used in developing the
estimates, including values and sources of
unit costs for labor, materials, and
equipment; overhead costs or other additives;
allocated and unallocated contingencies;
credit value of salvaged materials; and cost
escalation factors. The source of unit costs
should be explained for cost estimates based
on broad, top-down ‘‘indicative project’’
prices. Unless explicitly justified, total
contingencies for cost estimates developed
during the planning phase should be no
greater than 30%.
c. Project Schedule and Prioritization
• The SDP should present the proposed
schedule for the implementation of the
Service Development Plan organized in the
format of Work Breakdown Structure and
consistent the phases of projects
development.
• The schedule should illustrate the
duration of each activity within the WBS, the
earliest date at which each activity could
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commence, and the dependencies between
the various activities.
d. Conceptual Engineering Design
Documentation
• The SDP should include basic visual
depictions of the projects encompassed by
the proposed Service Development Program,
including maps and track charts.
• Track charts should clearly show the
current and proposed future track
configurations throughout the geographic
area encompassed by the Service
Development plan (and any proposed interim
configurations, if phased implementation is
proposed). Track charts should be drawn to
an appropriate linear scale for the level of
complexity of the track configuration in a
particular segment, and should clearly show
turnout sizes, road crossings, overhead and
undergrade bridges, station and yard
locations, junctions, track curvature, grade,
signal location, signal rule applicability (e.g.,
CTC, ATC, PTC, DTC, etc.) and maximum
authorized speeds. The physical location of
specific projects should be shown clearly,
including the limits of any linear-oriented
projects (e.g., roadbed rehabilitation, rail
replacement, tie replacement, etc.).
9. Operating and Maintenance Costs and
Capital Replacement Forecast
The SDP should include operating and
financial projections for each phase of the
planned intercity passenger rail service. The
SDP should address the methods,
assumptions and outputs for operating
expenses for the train service including
maintenance of way, maintenance of
equipment, transportation (train movement),
passenger traffic and services (marketing,
reservations/information, station, and onboard services), and general/administrative
expenses. Cost-sharing arrangements and
access fees with infrastructure owners and
rail operators should also be included. Where
applicable, allocation of costs across routes
should also be discussed.
a. Costing Methodology and Assumptions
For each different cost area, the SDP
should provide the basis for estimation
(application of unit costs from industry peers
or a detailed resource build-up approach) of
operating expenses. The SDP should include
documentation of key assumptions and
provide back-up data on how unit costs and
quantities and cost escalation factors were
derived. Typical cost areas include:
• Maintenance of way—Includes the cost
of maintaining the MOW, signals, buildings,
structures, bridges etc.
• Maintenance of equipment—Includes
the cost of layover and turnaround servicing,
preventive maintenance, bad orders, wreck &
accidents, and contractor maintenance.
• Transportation (train movement)—
Includes the cost of trainmen, enginemen,
bus connections, train fuel, propulsion
power, railroad access and incentive
payments.
• Marketing and Information—Includes
the cost of advertising, marketing,
reservations, information.
• Station—Includes the cost of station staff
(ticketing, baggage, red caps, porters etc.),
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building rent, maintenance, utilities,
security.
• On-board services—Includes the cost of
on-board service staff, food and provisions.
• General/administrative expenses.
b. Summary of Operating Costs
c. Route Profit and Loss Statement
Estimate the Profit and Loss Statement for
the route based on revenue and operating
cost forecasts.
d. Capital Replacement Costs
The SDP should provide detailed estimates
of any additional capital costs, beyond those
incurred in the initial implementation of the
Service Development Program, that are
anticipated to be required due to lifecycle
replacement or other factors through the
planning horizon of the SDP.
10. Public Benefits Analysis
The SDP should include a description and
quantification of benefits, whether
operational, transportation output-related,
and economic in nature, with particular
focus on job creation and retention, ‘‘green’’
environmental outcomes, potential energy
savings, and effects on community livability.
Except where clearly unmonetizable, the SDP
should provide the estimated economic value
of those benefits. At a minimum, this section
of the SDP should include:
a. Operational and Transportation Output
Benefits
The SDP should clearly identify the
operational and transportation output-related
benefits that will be generated by the project.
Examples of operational benefits include
trip-time improvements, reliability
improvements (as measured by train delayminutes), frequency increases, and passenger
capacity increases (as measured by seatmiles). Transportation output benefits
include increases in HSIPR passenger-trips
and passenger-miles traveled, reductions in
passenger-delay-minutes, and passengertravel time savings resulting from faster
scheduled trips times.
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b. User and Non-User Economic Benefits
The SDP should include an analysis of the
monetized economic benefits to user and
non-user that will be generated by the
project, regardless of how or where those
benefits are generated. User benefits include
items such as the value of travel time savings
to rail users, while non-user benefits include
items such as the monetized value of
emissions reductions, community
development, and travel time savings due to
congestion reduction for users of other modes
from which demand is anticipated to shift to
the new or improved HSIPR service.
c. Benefits by Rail Service Type
All user and non-user benefits should be
delineated by the type of improved rail
service (i.e., HSIPR, commuter, or freight)
that will generate those benefits. For
example, user benefits in the form of travel
time savings generated by a project for HSIPR
passengers should be shown delineated from
those travel time savings accruing to users of
a commuter rail service that will also benefit
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from the project. Likewise, non-user benefits
in the form of emission reductions resulting
from the shift of passengers to HSIPR service
should be separated from benefits resulting
from a shift of road freight transport to rail
freight service.
Appendix 2.2 Environmental
Documentation
The environmental review process
required by NEPA applies to all Federal grant
programs. NEPA requires Federal agencies to
integrate environmental values into their
decision-making processes by considering
the environmental impacts of their proposed
actions and reasonable alternatives to those
actions. NEPA also mandates that all
reasonable alternatives be considered, and to
that end, an alternatives analysis is typically
conducted during the environmental review
process. Agencies must also make
information on these impacts and
alternatives publicly available before
decisions are made and actions occur.
Appendix 2.2.1 Corridor-Wide
Environmental Documentation (‘‘Service
NEPA’’)
As part of the Service Development
Program planning phase applicants must
complete an environmental review, which
addresses the full extent of the overall
Service Development Program and its related
actions. Within the context of the HSIPR
program, this evaluation is referred to as
‘‘Service NEPA.’’
Service NEPA involves at least a
programmatic/Tier 1 environmental review
(using tiered reviews and documents), or a
project environmental review, that addresses
broad questions and likely environmental
effects in the entire corridor relating to the
type of service(s) being proposed, including
alternative cities and stations served,
geographical route alternatives, service levels
and frequencies, choice of operating
technologies (e.g., diesel vs. electric
operation and maximum operating speeds),
ridership projections, major infrastructure
components, and identification of major
terminal area or facility capacity constraints.
Standard Service Development Programs are
often best addressed with project NEPA
documentation; while more complex Major
Service Development Programs often call for
a tiered approach.
Service NEPA is intended to support a
Federal decision concerning whether or not
to implement a Service Development
Program. For major Service Development
Programs, FRA generally prefers to use a
tiered NEPA process and a Tier-1
environmental impact statement (EIS) to
satisfy Service NEPA at a point prior to
Preliminary Engineering that is required to
support a more detailed, comprehensive
‘‘project NEPA’’ document. Furthermore,
completion of a tiered Service NEPA EIS
allows for the significant narrowing of the
alternatives to be considered in preparing
subsequent project NEPA documents,
allowing for reduced Preliminary
Engineering costs.
While FRA anticipates that most Major
Service Development Programs will follow a
tiered approach towards NEPA document
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development (including preparation of a
Service NEPA EIS during the planning
phase), FRA will consider a non-tiered
service NEPA approach where appropriate
and conducive to the efficient progression of
the project and the consideration of
environmental impacts. In general, FRA will
consider using project NEPA for Service
Development Programs where one or more of
the following factors apply:
• There are no routing decisions required
for the proposed service;
• The projects necessary to implement the
proposal are likely to be modest in scale and
unlikely to cause significant environmental
impacts;
• The Preliminary Engineering effort for
the Service Development Program is likely to
be modest in scale, cost, and duration; and
• The project sponsor will be providing all
necessary funding, from non-HSIPR program
sources, to complete Preliminary Engineering
and site-specific environmental analysis.
For Service Development Programs that
meet these criteria and for which FRA has
decided not to tier, NEPA will be satisfied
through a unified project-level document
developed during the PE/NEPA phase.
Appendix 2.2.2—Project Environmental
Documentation (‘‘Project NEPA’’)
As part of the PE/NEPA phase of project
development, a project NEPA document and
other required environmental documentation
to satisfy other Federal laws are prepared for
the specific design alternative identified
through Preliminary Engineering and other
reasonable alternatives (integrated with the
design alternatives analysis performed as part
of Preliminary Engineering). Additionally,
the design and engineering outputs of
Preliminary Engineering will serve as inputs
into the evaluation of environmental impacts
just as identified impacts are inputs for
design and engineering. Therefore, it is
essential that Preliminary Engineering and
project NEPA be closely coordinated and
performed in tandem with one another.
Appendix 2.2.3—NEPA Roles and
Responsibilities
FRA, as the Federal sponsoring agency, has
primary responsibility for assuring
compliance with NEPA and related
environmental laws for projects funded
under the HSIPR program. While NEPA
compliance is a Federal agency responsibility
and the ultimate decisions remain with the
Federal sponsoring agency, FRA encourages
applicants to take a leading role in preparing
environmental documentation, consistent
with existing law and regulations.
In the varied and flexible HSIPR program
no single approach to NEPA compliance will
work for every proposal. Therefore, FRA will
work closely with applicants to assist in the
timely and effective completion of the NEPA
process in the manner most pertinent to the
applicant’s proposal.
Appendix 2.2.4—FRA NEPA Compliance
All NEPA documents must be supported
by environmental and historic preservation
analyses required by the National
Environmental Policy Act (42 U.S.C. 4332)
(NEPA), the National Historic Preservation
Act (16 U.S.C. 470(f)) (NHPA), and related
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laws and regulations. Such analyses must be
conducted in accordance with the Council on
Environmental Quality’s regulations
implementing NEPA (40 CFR part 1500 et
seq.), FRA’s ‘‘Procedures for Considering
Environmental Impacts’’ (45 FR 40854, June
16, 1980, as revised May 26, 1999, 64 FR
28545), Section 106 of the NHPA, and related
environmental and historic preservation
statutes and regulations, and other related
laws and regulations such as the Clean Water
Act and the Endangered Species Act.
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Appendix 2.3—Preliminary Engineering
Preliminary Engineering (PE) builds on the
conceptual engineering and other
documentation developed during the
planning process in order to evaluate
alternatives and to identify a specific design
alternative for implementing a project, and
demonstrate its feasibility for
implementation. Within the context of the
HSIPR program, FRA relies on the
documentation developed through PE in
order to make a decision as to whether to
obligate funding for the construction and
implementation of a project. As such, HSIPR
program applicants seeking to progress a
project to Final Design and Construction
should ensure that the PE documentation for
the project is adequate to support such a
decision.
In the process of demonstrating the
feasibility of a particular design alternative,
PE involves the refinement of the cost
estimate and schedule for the project and the
reduction of uncertainties (as represented by
reduced cost estimate and schedule
contingencies). Furthermore, as part of PE,
the analyses of the financial, operational, and
public benefit impacts of the project that
were developed during the planning phase
are refined, so as to address and reduce
uncertainties and risks associated with the
project after it is placed in service.
The following documentation would
demonstrate the completion of PE for a
project:
1. Project Description
a. A detailed description of the design
alternative identified through the PE process,
including other design alternatives
considered.
b. A description of construction staging or
phasing (such as sequential phasing of
interlocking reconfigurations) identified as
necessary to implement the identified design
alternative.
c. A presentation of the work necessary to
implement the identified design alternative
in a detailed Work Breakdown Structure
(WBS) format. The WBS for the project
would serve as the master format for
organizing and presenting the various
elements of the project through the
subsequent phases of development, and
presenting cost estimates and project
schedules.
d. An assessment of the physical condition
and location of the railroad in the project
area (up to two to three miles beyond the
project construction limits depending upon
effect and interrelationship of the project
with train operations), including: bridges
(rail and highway); track including the
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number and location of previously existing
railroad tracks on a roadbed; buildings
(stations and maintenance facilities, etc.);
signal systems and interlocked detectors,
switches, derails, and snow melters; utility
systems on, over, adjacent to or under the rail
line and agreements concerning them;
electrification systems, if any; description of
highway crossing warning systems (if any)
and daily traffic counts at public and private
at grade highway crossings; existing and
proposed railroad operations and routes of
freight, commuter and intercity trains with
train daily numbers of trains by type; a safety
and security management plan; and
STRACNET routes and/or moves for
commercial high and wide loads.
2. Project Cost Estimate
a. Project cost estimates in both the
project’s WBS and the HSIPR Standard Cost
Category format.
b. Documentation of the cost estimate in its
original format, illustrating exactly how the
cost estimates were calculated.
c. A detailed description of the
methodology and assumptions used in
developing the estimates, including values
and sources of unit costs for labor, materials,
and equipment; overhead costs or other
additives; allocated and unallocated
contingencies; credit value of salvaged
materials; and cost escalation factors. Unless
explicitly and adequately justified, total
contingencies for cost estimates developed
during PE should be no greater than 20%.
3. Project Schedule
a. A schedule for the implementation of the
project organized in the format of Work
Breakdown Structure and consistent with the
phases of project’s development.
b. The schedule should illustrate the
duration of each activity within the WBS, the
earliest date at which each activity could
commence, and the dependencies between
the various activities.
4. Design Documentation
a. A project locator map showing both the
location of the project area within the context
of the State in which and the corridor on
which it is located.
b. A project area map showing the exact
project location and the immediate
surrounding area (up to two to three miles
beyond the project construction limits
consistent with the Project Description).
c. Detailed PE drawings:
• For projects involving improvements to
track, track structures, signals, or other linear
railroad assets, full two-dimensional
depictions of the project (i.e, not track charts
or schematics) showing existing and
proposed conditions at a scale of one inch =
100 to 500 feet, depending on location (builtup vs. undeveloped areas). PE drawings
should incorporate scale maps or scale aerial
photography of existing conditions with
design plan drawings overlaid on the maps/
photography, and should show: (i) Existing
railroad right-of-way limits along with the
railroad ownership; (ii) proposed track
changes including track removals and track
installations showing track centers, turnout
sizes, curve and spiral data, etc.; (iii) vertical
profiles and grades of existing and proposed
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construction; (iv) public and private at grade
highway crossings; and (v) passenger
stations, building(s), platforms, parking,
access to the primary highway system in the
area, and public transit services and
facilities.
• For projects involving improvements to
maintenance facilities and yards, PE
drawings should show the track and facility
layout, specialized equipment (if any), and
office and employee welfare facilities.
• For projects involving equipment
procurement or rehabilitation, PE drawings
should include plan, side elevation, and end
elevation drawings, clearly showing interior
configuration (including seating
configurations, restroom configuration,
doorway sizes), clearance envelope, and floor
heights.
• For projects involving improvements to
stations buildings, PE drawings should
include all renderings and plan, elevation,
detail drawings necessary to illustrate the
scope of the project.
i. Schematic track charts for all projects
involving improvements to track, track
structures, signals, or other linear railroad
assets, refined from those developed during
the planning process.
ii. Route and aspect charts for all projects
involving signal system improvements, signal
system installation, or track reconfigurations
in signaled territory.
5. Design and Procurement Compliance
a. Demonstration that the proposed project
design is compliant with all applicable FRA
safety regulations and AREMA design
standards.
b. For projects involving the procurement
of rolling stock, demonstration that the
proposed equipment procurement will be
consistent with Section 305 of PRIIA, which
calls for the establishment of a standardized
next-generation rail corridor equipment pool.
Compliance with Section 305 of PRIIA will
assist in creating the economies of scale
necessary to achieve the Administration’s
goal, as outlined in FRA’s Strategic Plan, of
developing a sustainable railroad equipment
manufacturing base in the United States.
c. For projects involving improvements to
railroad signaling/control systems, the
application should demonstrate that the
proposed improvements are consistent with
a comprehensive plan for complying with the
requirements for positive train control (PTC)
implementation under Section 104 of the Rail
Safety Improvement Act of 2008 (‘‘RSIA,’’
Division A of Pub. L. 110–432, October 16,
2008, codified at 49 U.S.C. 20147) and with
FRA’s final rule on Positive Train Control
System published in the Federal Register on
January 15, 2010 (75 FR 2598).
6. Refinement of Planning Documentation
Many elements of the Service Development
Plan developed during the Planning phase of
project development would be expanded and
updated in later phases of the project
development process, as the project itself
becomes more refined. Much of this
refinement is completed as part of
Preliminary Engineering, particularly as it
relates to the following Service Development
Plan elements:
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a. Identification of Alternatives
(particularly as it relates to design
alternatives).
b. Demand and Revenue Forecasts.
c. Operations Modeling.
d. Station and Access Analysis.
e. Operating and Maintenance Costs and
Capital Replacement Forecast.
f. Public Benefits Analysis.
To demonstrate completion of PE, revised
versions of planning documentation that
cover these topics (to the extent the topics are
applicable to the project), including
descriptions of how project decisions and
refinements made as part of PE have resulted
in changes to key outputs of the planning
process (such as demand forecasts, forecasts
of operational benefits, operations and
maintenance cost forecasts, and estimates of
public benefits, should be provided.
Appendix 2.4 Final Design
During the Final Design phase, any
remaining uncertainties or risks associated
with minor changes to design scope are fully
addressed, and the products of Preliminary
Engineering are refined as additional detailed
design work is completed. The objective of
the Final Design phase is to progress the
engineering of the project beyond what was
required to demonstrate the feasibility of the
design of the project, to the point where the
engineering documentation is sufficient to
support the procurement of construction
services to implement the project. Final
Design includes the preparation of final
design plans, final construction cost
estimates, and a refined and revised project
schedule, and may also encompass early
construction-related activities, such as rightof-way acquisition and utility relocation.
In general, the documentation that project
sponsors submit to FRA to demonstrate
completion of Final Design is similar to that
which constituted the outputs of Preliminary
Engineering. Final Design documentation
will generally incorporate design changes
and refinements implemented as part of the
FD process, and should reflect a level of
detail sufficient to support the procurement
of construction services and the effective
control of the project throughout its
construction. As such, major differences
between the PE and FD documentation
include:
• Project Description: Upon completion of
FD, the Work Breakdown Structure of the
project should reflect a level of detail
sufficient to support the effective control of
the project’s construction, particularly as it
relates to the project’s scope and
specifications.
• Project Cost Estimate: Upon completion
of FD, cost estimates should be at a level of
detail sufficient to support construction
services procurement, and to allow for the
tracking and comparison during the
construction phase of actual costs against
estimated costs.
Æ Unless explicitly and adequately
justified, total contingencies for cost
estimates developed during Final Design
should be no greater than 10%.
• Project Schedule: Upon completion of
FD, the project schedule should reflect a
level of detail sufficient to support the
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effective control of the project’s timely
construction.
• Final Design Documentation: Final
Design drawings should be at a level of detail
sufficient to support the preparation of
construction and shop drawings, and to
ensure the effective control of the project’s
scope and configuration.
Æ As part of Final Design, detailed
specification should be developed or adopted
for the project, in order to ensure the quality,
suitability, and durability of all construction.
Appendix 3: Additional Information on
Financial Plans
The information contained below in
Appendix 3 represents suggested content and
approaches for completing the financial
planning documentation required for Service
Development Programs. While FRA does not
require applicants/grantees to follow the
specific document structure and content
listed below, they are provided to assist
applicants/grantees in fulfilling the
objectives necessary to successfully complete
a Financial Plan.
The Financial Plan for a Service
Development Program should address two
major areas of the projects financing:
• The financing of the development and
implementation of the capital projects
identified as necessary to support the Service
Development (referred to as ‘‘capital
financing’’); and
• The ongoing financing of the operations
of the service itself, including provisions for
financing any ongoing operating deficits
(referred to as ‘‘operating financing’’).
Appendix 3.1 General Components for
Financial Plans
In general, both the capital financing and
the operating financing elements of a Service
Development Program’s Financial Plan
should address the following topics:
• The Financial Plan should demonstrate
that the project sponsor has the legal and
necessary authority to accept and spend
Federal and non-Federal funds for the
project.
• The Financial Plan documents the recent
and forecasted financial condition and health
of the project sponsor and other key partners
that are anticipated to provide funding for
the project.
• The Financial Plan should demonstrate
that any financing necessary to deliver the
project has been budgeted and committed to
the project. The plan illustrates cash flow
requirements to assure that funds will be
available as needed, that grant funds can be
spent on a timely basis, and that any project
financing will be available. In general, all
capital financing required for a given phase
of the project’s development must be
committed prior to the commencement of
that phase, while all required operating
financing must be committed prior to the
commencement of the construction phase.
• Both the initial Financial Plan and the
annual updates should be prepared in
accordance with recognized financial
reporting standards such as the ‘‘Guide for
Prospective Financial Information’’ of the
American Institute of Certified Public
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Accountants and should be certified by the
project’s sponsor.
Appendix 3.1.1 Capital Financial Planning
Components
The capital financing part of a Service
Development Program’s Financial Plan
should address the following topics:
• The Financial Plan demonstrates that the
project sponsor has the ability to provide any
required or proposed matching funds and can
absorb potential cost changes and increases
without impacting other proposed projects.
• Project sponsors must accept
responsibility for any capital cost overruns if
they occur and have a Financial Plan in place
and another source of funds to cover
overruns if needed.
• Where sole source or force account work
is projected, the project sponsor must
provide an independent analysis of
comparative costs to ensure the
reasonableness of the sole source budget.
In addressing these topics, the capital
financing part of the Financial Plan should
comprise at least the following sections:
1. Cost Estimate, presenting the total cost
and cost-to-complete for major project
elements in year of expenditure dollars;
2. Implementation Plan, detailing the
project schedule and the cost-to-complete in
annual increments in year of expenditure
dollars;
3. Financing and Revenues, showing each
funding source as annual amounts available
for project obligations;
4. Cash Flow, presenting cash inflows and
outflows on an annual basis; and
5. Risk Identification and Mitigation
Factors, showing how the project sponsor
intends to address major financial risks, such
as cost overruns and unavailability of
anticipated funding.
Inputs for some of these sections will in
part be drawn from, and should be consistent
with, documentation prepared as part of the
project development process (e.g., cost
estimates and schedules), while other inputs
will be drawn from, and must be consistent
with, other project delivery documentation
(such as risk management plans developed as
part of the Project Management Plan).
Appendix 3.1.2 Operating Financial
Planning Requirements
Service Development Programs, by their
very nature, carry significant risks associated
with the ongoing operating of the service
after the construction of capital projects has
been completed and the Service
Development Program has been fully
implemented. In order to demonstrate that a
project sponsor has the ability to address or
otherwise manage this operating financing
risk, the Financial Plan should include a
section addressing operating financing. The
operating financing part of a Service
Development Program’s Financial Plan
should address the following topics:
• Operating financial projections for each
phase of the planned service, with
documentation of the methods, assumptions,
and outputs of the following: travel demand
forecasts, projected revenue, and operating
expenses, including maintenance of way,
maintenance of equipment, transportation
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(train movement), passenger traffic and
services (marketing, ticketing, station, and
onboard services), and general/administrative
expenses. Cost-sharing arrangements with
infrastructure owners and rail operators
should also be included.
• A presentation of all the assumptions
used to develop cost and revenue estimates,
including the sources of information and
methodologies used. Supporting
documentation and independent verification
of the cost and revenue assumptions (e.g.,
demand studies, feasibility studies, economic
forecasts) should be included if they are
available.
In addressing these topics, the operating
financing part of the Financial Plan should
include at least the following sections:
1. Operating Forecast, presenting on an
annual basis revenue and operating and
maintenance cost forecasts for the period
encompassing the anticipated life of the
Service Development Program’s component
capital investments (not less than 20 years);
2. Capital Replacement Forecast,
presenting on an annual basis forecasts of
capital reinvestment necessary to keep the
Service Development Program’s capital
investments in a state-of-good repair for the
period encompassing the anticipated life of
the most long-lived of the Service
Development Program’s capital investments
(not less than 20 years);
3. Financing and Revenues, showing each
funding source as annual amounts available
to support any operating deficit or capital
replacement requirements;
4. Cash Flow, presenting on an annual
basis cash inflows and outflows; and
5. Risk Identification and Mitigation
Factors, showing how the project sponsor
intends to address major financial risks, such
as cost overruns, revenue shortfalls, and
unavailability of anticipated funding.
As with the capital financing part of the
Financial Plan, inputs for some of these
sections will in part be drawn from, and must
be consistent with, the Service Development
Plan (e.g., revenue and operating and
maintenance cost forecasts and capital
replacement forecasts).
Appendix 4: Additional Information on
Applicant Budgets
The information contained in this
appendix is intended to assist applicants
with developing OMB Standard Form 424C:
Budget Information—Construction Programs,
as described in Section 4.2.
Applicants must present a detailed budget
for the proposed project that includes both
Federal funds and matching funds. Items of
cost included in the budget must be
reasonable, allocable, and necessary for the
project. At a minimum, the budget should
separate total cost of the project into the
following categories and provide a basis of
computation for each cost:
• Administrative and Legal Expenses: List
the estimated amounts needed to cover
administrative expenses. Do not include
costs which are related to the normal
functions of government. Allowable legal
costs are generally only those associated with
the purchases of land which is allowable for
Federal participation and certain services in
support of construction of the project. This
may include:
Æ Hours/Rate and total cost of local
government staff.
Æ Hours/Rate and total cost of outside
counsel fees.
Æ Hours/Rate and total cost of consultants.
• Land, structures, rights-of-way,
appraisals, and related items: List the
estimate site and right(s)-of-way acquisition
costs (this includes purchase, lease, and/or
easements). If possible, include details of
number of acres, acre cost, square-footage,
and square footage cost.
• Relocation expenses and payments: List
the estimated costs relation to relocation
advisory assistance, replacement of housing,
relocation payments to displaces persons and
businesses, etc. This may include:
Æ The gross salaries and wages of
employees for the grantee who will be
directly engaged in performing demolition or
removal of structures from developed land.
• Architectural and engineering fees: List
the estimated basic engineering fees related
to construction (this includes start-up
services and preparation of project
performance work plan).
• Other architectural and engineering fees:
List the estimated engineering costs, such as
surveys, tests, soil borings, etc.
• Project inspection fees: List the
estimated engineering inspection costs. This
may include:
Æ Rate of project inspector.
Æ Construction monitoring.
Æ Audit or construction programs.
• Site Work: List the estimated costs of site
preparation and restoration which are not
included in the basic construction contract.
This may include:
Æ Clearing.
Æ Erosion control.
Æ Reseeding.
• Demolition and removal: List the
estimated costs related to demolition
activities.
• Construction: List the estimated cost of
the construction contract. This may include
costs for:
Æ Labor costs, e.g., associated with site
preparation and installation of grade
crossings, highway warning signs, etc.
Æ Equipment rental/purchase, e.g., an
excavator or bulldozer.
Æ Materials, e.g., Rail anchors, retaining
walls, etc.
• Equipment: List the estimated cost of
office, shop, laboratory, safety equipment,
etc. to be used at the facility, if such costs
are not included in the construction contract.
• Miscellaneous: List the estimated
miscellaneous costs.
• Contingencies: List the estimated
contingency costs.
Appendix 5: List of Acronyms and
Abbreviated References
mstockstill on DSKH9S0YB1PROD with NOTICES3
Acronym
Meaning
ACF ......................................
ADA ......................................
Administrator ........................
CAST ....................................
CCR ......................................
CE ........................................
DBE ......................................
Department ...........................
DOT ......................................
DUNS ...................................
EA .........................................
EIS ........................................
FD .........................................
FHWA ...................................
FONSI ..................................
FRA ......................................
FTA .......................................
FY .........................................
FY 2009 DOT Appropriations
Act.
FY 2010 DOT Appropriations
Act.
GMLoB .................................
GS ........................................
ICC .......................................
Administration for Children and Families.
Americans with Disabilities Act.
Administrator of the Federal Railroad Administration.
Custom Applications Support and Training Unit (GrantSolutions).
Central Contractor Registration database.
Categorical Exclusion—a class of action for the NEPA process.
Disadvantaged Business Enterprise.
The United States Department of Transportation.
The United States Department of Transportation.
Data Universal Number System.
Environmental Assessment—a NEPA document.
Environmental Impact Statement— the most extensive type of NEPA document.
Final Design.
Federal Highway Administration.
Finding of No Significant Impact—a possible decision concluding the NEPA process.
Federal Railroad Administration—an operating administration of the U.S. Department of Transportation.
Federal Transit Administration.
Fiscal Year.
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009—Title I of Division I of Public Law 111–8, March 11, 2009.
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010—Title I of Division A of Public Law 111–117, December 16, 2009.
Grants Management Line of Business.
GrantSolutions grants management system.
Interstate Commerce Commission.
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38365
Acronym
Meaning
IPD .......................................
LOI ........................................
mph ......................................
NEPA ....................................
NTD ......................................
OMB .....................................
PE .........................................
PRIIA ....................................
PTC ......................................
ROD .....................................
RSIA .....................................
Secretary ..............................
State DOT ............................
Innovation Program Delivery.
Letter of Intent.
Miles Per Hour.
National Environmental Policy Act.
National Transit Database.
Office of Management and Budget.
Preliminary Engineering.
Passenger Rail Investment and Improvement Act of 2008 (Division B of Public Law 110–432, October 16, 2008).
Positive Train Control.
Record of Decision—a possible decision concluding of the NEPA process.
Rail Safety Improvement Act of 2008 (Division A of Public Law 110–432, October 16, 2008).
Secretary of the United States Department of Transportation.
State Department of Transportation.
Issued in Washington, DC on June 25,
2010.
Joseph C. Szabo,
Administrator.
[FR Doc. 2010–15992 Filed 6–28–10; 4:15 pm]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
High-Speed Intercity Passenger Rail
(HSIPR) Program
Table of Contents
mstockstill on DSKH9S0YB1PROD with NOTICES3
AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding availability
for Individual Projects; issuance of
interim program guidance.
SUMMARY: This notice details the
application requirements and
procedures for obtaining funding for
individual high-speed and intercity
passenger rail projects available under
the Transportation, Housing and Urban
Development, and Related Agencies
Appropriations Act for 2010 (Div. A of
the Consolidated Appropriations Act,
2010 (Pub. L. 111–117, Dec. 16, 2009)).
The Federal Railroad Administration
has issued a separate notice in today’s
edition of the Federal Register for Fiscal
Year 2010 funding made available for
Service Development Programs.
This document incorporates interim
guidance required for the HSIPR
program pursuant to the Transportation,
Housing and Urban Development, and
Related Agencies Appropriations Act for
2010 and 49 U.S.C. 24402(a)(2). The
funding opportunities described in this
notice are available under Catalog of
Federal Domestic Assistance (CFDA)
number 20.319.
DATES: Applications for funding under
this solicitation are due no later than 5
p.m. EDT, August 6, 2010. FRA reserves
the right to modify this deadline.
ADDRESSES: Comments must be
submitted through https://
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www.grantsolutions.gov. See Section 4
for additional information regarding the
application process.
FOR FURTHER INFORMATION CONTACT: For
further information regarding this notice
and the HSIPR program, please contact
the FRA HSIPR Program Manager via email at HSIPR@dot.gov, or by mail: U.S.
Department of Transportation, Federal
Railroad Administration, MS–20, 1200
New Jersey Avenue, SE., Washington,
DC 20590 Att’n: HSIPR Program.
SUPPLEMENTARY INFORMATION:
1. Funding Opportunity Description
2. Award Information
3. Eligibility Information
4. Application and Submission Information
5. Application Review Information
6. Award Administration Information
7. Agency Contact
Appendix 1: Definition of High-Speed and
Intercity Passenger Rail
Appendix 2: Additional Information on
Stages of Project Development
Appendix 3: Additional Information on
Applicant Budgets
Appendix 4: List of Acronyms and
Abbreviated References
Section 1: Funding Opportunity
Description
1.1
Legislative Authority
This interim program guidance and
financial assistance announcement
pertains to the funding made available
for Individual Projects under FRA’s
HSIPR program. The authority for this
grant program is contained in two
pieces of legislation:
• The Passenger Rail Investment and
Improvement Act of 2008 (PRIIA), under
Sections 301, 302, and 501: Intercity
Passenger Rail Service Corridor Capital
Assistance (codified at 49 U.S.C. chapter
244), General Passenger Rail
Transportation (codified at 49 U.S.C.
chapter 24105), and High-Speed Rail
Assistance (codified at 49 U.S.C. chapter
26106), respectively; and
• The Fiscal Year 2010 Consolidated
Appropriations Act (Title I of Division
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A of Pub. L. 111–117, December 16,
2009) (FY 2010 DOT Appropriations
Act), under the title ‘‘Capital Assistance
for High Speed Rail Corridors and
Intercity Passenger Rail Service.’’
This document incorporates interim
guidance required for the HSIPR
program pursuant to the FY 2010 DOT
Appropriations Act and 49 U.S.C.
24402(a)(2).
1.2 Funding Approach
The FY 2010 DOT Appropriations Act
appropriated a total of $2.5 billion for
the HSIPR program. FRA is soliciting
grant applications separately for the
different components of this
appropriation:
• FY 2010 Individual Projects (up to
$245 million): Final Design/
Construction or Preliminary
Engineering/NEPA for Individual
Projects with a 20 percent non-Federal
match. This solicitation is for these
funds.
• FY 2010 Service Development
Programs (at least $2,125 million):
Service Development Programs with a
20 percent non-Federal match. The
notice of funding availability (NOFA)
for these funds is being issued
concurrently with this solicitation.
• FY 2010 Planning Projects (up to
$50 million): Planning projects with a
20 percent non-Federal match. The
solicitation for these funds was
published on April 1, 2010, and
applications were due May 19, 2010.
• FY 2010 Multi-State Proposals
(from $50 million for Planning Projects):
Proposals for Federally-led preparation
of planning documents for high-speed
rail corridors that cross multiple states.
The guidance for submitting proposals
was published on April 1, 2010, and the
proposals were due May 19, 2010.
The balance of the $2.5 billion is
allocated to HSIPR program
administration and research.
1.3 Forthcoming Interim Guidance
FRA is preparing a draft guidance
document as part of the process of
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Agencies
[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38344-38365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15992]
[[Page 38343]]
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Part IV
Department of Transportation
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Federal Railroad Administration
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High-Speed Intercity Passenger Rail (HSIPR) Program; Notices
Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 /
Notices
[[Page 38344]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
High-Speed Intercity Passenger Rail (HSIPR) Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding availability for Service Development
Programs; issuance of interim program guidance.
-----------------------------------------------------------------------
SUMMARY: This notice details the application requirements and
procedures for obtaining funding for high-speed and intercity passenger
rail Service Development Programs available under the Transportation,
Housing and Urban Development, and Related Agencies Appropriations Act
for 2010 (Div. A of the Consolidated Appropriations Act, 2010 (Pub. L.
111-117, Dec. 16, 2009)). The Federal Railroad Administration has
issued a separate notice in today's edition of the Federal Register for
Fiscal Year 2010 funding made available for Individual Projects.
This document incorporates interim guidance required for the HSIPR
program pursuant to the Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act for 2010 and 49 U.S.C.
24402(a)(2). The funding opportunities described in this notice are
available under Catalog of Federal Domestic Assistance (CFDA) number
20.319.
DATES: Applications for funding under this solicitation are due no
later than 5 p.m. EDT, August 6, 2010. FRA reserves the right to modify
this deadline.
ADDRESSES: Comments must be submitted through https://www.grantsolutions.gov. See Section 4 for additional information
regarding the application process.
FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice and the HSIPR program, please contact the FRA HSIPR Program
Manager via e-mail at HSIPR@dot.gov, or by mail: U.S. Department of
Transportation, Federal Railroad Administration, MS-20, 1200 New Jersey
Avenue, SE., Washington, DC 20590 Att'n: HSIPR Program.
SUPPLEMENTARY INFORMATION:
Table of Contents:
1. Funding Opportunity Description
2. Award Information
3. Eligibility Information
4. Application and Submission Information
5. Application Review Information
6. Award Administration Information
7. Agency Contact
Appendix 1: Definition of High-Speed and Intercity Passenger Rail
Appendix 2: Additional Information on Stages of Project Development
Appendix 3: Additional Information on Financial Plans
Appendix 4: Additional Information on Applicant Budgets
Appendix 5: List of Acronyms and Abbreviated References
Section 1: Funding Opportunity Description
1.1 Legislative Authority
This interim program guidance and financial assistance announcement
pertains to the funding made available for Service Development Programs
under FRA's HSIPR program. The authority for this grant program is
contained in two pieces of legislation:
The Passenger Rail Investment and Improvement Act of 2008
(PRIIA), under Sections 301, 302, and 501: Intercity Passenger Rail
Service Corridor Capital Assistance (codified at 49 U.S.C. chapter
244), General Passenger Rail Transportation (codified at 49 U.S.C.
chapter 24105), and High-Speed Rail Assistance (codified at 49 U.S.C.
chapter 26106), respectively; and
The Fiscal Year 2010 Consolidated Appropriations Act
(Title I of Division A of Pub. L. 111-117, December 16, 2009) (FY 2010
DOT Appropriations Act), under the title ``Capital Assistance for High
Speed Rail Corridors and Intercity Passenger Rail Service.''
This document incorporates interim guidance required for the HSIPR
program pursuant to the FY 2010 DOT Appropriations Act and 49 U.S.C.
24402(a)(2).
1.2 Funding Approach
The FY 2010 DOT Appropriations Act appropriated a total of $2.5
billion for the HSIPR program. FRA is soliciting grant applications
separately for the different components of this appropriation:
FY 2010 Service Development Programs (at least $2,125
million): Service Development Programs with a 20 percent non-Federal
match. This solicitation is for these funds.
FY 2010 Individual Projects (up to $245 million): Final
Design/Construction or Preliminary Engineering/NEPA for Individual
Projects with a 20 percent non-Federal match. The notice of funding
availability (NOFA) for these funds is being issued concurrently with
this solicitation.
FY 2010 Planning Projects (up to $50 million): Planning
projects with a 20 percent non-Federal match. The solicitation for
these funds was published on April 1, 2010, and applications were due
May 19, 2010.
FY 2010 Multi-State Proposals (from $50 million for
Planning Projects): Proposals for Federally-led preparation of planning
documents for high-speed rail corridors that cross multiple States. The
guidance for submitting proposals was published on April 1, 2010, and
the proposals were due May 19, 2010.
The balance of the $2.5 billion is allocated to HSIPR program
administration and research.
1.3 Approach to Service Development Programs
Investment in Service Development Programs is the long-term
emphasis of the HSIPR program. Service Development Programs are aimed
at developing new high-speed or intercity passenger rail services or
substantially upgrading existing services. (See Appendix 1 for the
definition of ``high-speed and intercity passenger rail.'') Service
Development Programs contain sets of inter-related projects that
constitute the entirety or a distinct phase (or geographic section) of
a long-range Service Development Plan (SDP)--projects which
collectively produce benefits greater than the sum of each individual
project. These investments will generally address, in a comprehensive
manner, the construction and acquisition of infrastructure, equipment,
stations, and facilities necessary to operate high-speed and intercity
passenger rail service.
1.3.1 Service Development Program Administration
While the characteristics and outcomes of a Service Development
Program will be unique to each individual application, for the purposes
of this solicitation, FRA will classify Service Development Programs
into two categories: Major Capital Projects and Standard Capital
Projects.
As required by PRIIA (49 U.S.C. 24403(a)), and in keeping with
project management approaches in use by other DOT agencies (e.g., FTA's
Project Management Oversight program (49 CFR part 633), and FHWA's IPD
Major Project Delivery Guidance), large, complex capital projects,
designated as ``Major Capital Projects'' call for a particularly
rigorous approach towards project management and oversight.
Administratively, three primary distinctions exist between the
Major and Standard Capital Project designation when applied to a
Service Development Program: (1) The approach to the environmental
review process; (2) FRA's use of a Letter of Intent (LOI) to
contingently commit funds to the Service Development Program (as
[[Page 38345]]
described in Section 2); and, (3) the project delivery tools required
and employed by FRA in managing the Service Development Program.
Given the scope, complexity, and project delivery risk inherent in
implementing a Service Development Program, all Service Development
Program applications are considered to be ``Major Capital Projects''
unless the FRA Administrator determines that this classification and
the attendant requirements will not benefit the implementation of the
proposed program. Applicants for funding for a Service Development
Program may request to be considered a ``Standard Capital Project'' in
their Application Form (see Section 4.2.1). This designation will
typically be limited to Service Development Programs that:
1. Involve a recipient whose past experience in implementing
similar HSIPR projects indicates that the program will be delivered
successfully;
2. Generally are expected to have a total project cost less than
$100 million;
3. Are intended to benefit intercity passenger rail service
operating at top speeds of 79 mph or less; and
4. Solely involve the use of proven technology.
As the HSIPR program develops and Service Development Programs
become its primary focus, the approach to the Major and Standard
designations may change. As the HSIPR program matures, FRA expects to
work with project sponsors from the beginning of the service
development process and will designate a Service Development Program as
``Major'' or ``Standard'' in coordination with project sponsors during
or before the planning phase of project development.
1.3.2 Service Development Program Environmental Review
There are two general methods to satisfying National Environmental
Policy Act (NEPA) requirements for intercity passenger rail capital
investment projects:
A tiered approach, utilizing a Tier 1 environmental impact
statement (EIS) to address broad service level issues (``programmatic''
or ``Service'' NEPA), followed by Tier 2 EISs, environmental
assessments (EAs), or categorical exclusions (CEs) to address site-
specific project environmental reviews (``project'' NEPA); or
A non-tiered approach, in which one EIS or EA would cover
both service issues and individual project components.
Generally, FRA prefers to take a tiered approach with Major Service
Development Programs, and a non-tiered approach with Standard Service
Development Programs. For Major Service Development Programs, FRA also
generally prefers to use a Tier 1 environmental impact statement (EIS)
for the initial evaluation of the application. FRA encourages
applicants developing Standard Service Development Programs to develop
a single EIS or EA that covers both service and project environmental
analysis.
FRA is responsible for the NEPA process, including the
establishment of the scope of environmental reviews and the decision to
use tiering or a unified project-level document. FRA encourages
applicants to contact FRA as early as possible in the planning process
to discuss the appropriate form and level of NEPA documentation. For
more information on the NEPA process and FRA's requirements, please see
Section 4.2.5 and Appendix 2.2 of this solicitation.
1.4 Forthcoming Interim Guidance
FRA is preparing a draft guidance document as part of the process
of establishing a long-term framework for the HSIPR program. This
document, anticipated for publication later this year, will include
details about each stage of the project development process (from
planning and design through construction and operation), as well as
provide substantial technical assistance on the processes and
documentation needed for successful project development and delivery.
This guidance is intended for future program administration and does
not apply to this funding solicitation or the application process
described in this notice.
The initial draft of this pending guidance document will be open
for public comment, and FRA will utilize various outreach mechanisms
for soliciting feedback from the HSIPR stakeholder community. FRA
expects to modify the draft guidance document taking into account this
feedback and to eventually issue Final Guidance that will include
standards and guidelines that will be applicable to future funding
opportunities.
Section 2: Award Information
Of the $2.5 billion appropriated under the FY 2010 DOT
Appropriations Act, Congress mandated that not less than 85 percent of
funds ($2.125 billion) be allocated to programs aimed at developing new
high-speed or intercity passenger rail services or substantially
upgrading existing corridor services. These grants are authorized under
49 U.S.C. 24406, 49 U.S.C. 24105, and 49 U.S.C. 26106.
FRA will make awards for Service Development Programs through
cooperative agreements. Cooperative agreements allow for greater
Federal involvement in carrying out the agreed upon investment. The
substantial Federal involvement for these programs will include
technical assistance, review of interim work products, and increased
program oversight. The funding provided under these cooperative
agreements will be made available to grantees on a reimbursable basis.
For Major Service Development Programs, FRA will issue a Letter of
Intent (LOI) that represents the Federal Government's contingent
financial commitment--up to a prescribed amount of funding--to
implement the Service Development Program. An LOI will contain defined
milestones, grant conditions, and other requirements agreed upon by FRA
and the grantee that must be fulfilled or met prior to any funding
obligation or disbursement. These milestones and conditions will be put
in place to ensure successful and timely completion of projects. An LOI
does not represent an obligation or disbursement of funds. Funding will
be obligated through cooperative agreements and disbursed to grantees
as the agreed upon milestones are achieved. See Section 1.3 for further
information on Major and Standard Service Development Programs.
While there are no predetermined minimum or maximum dollar
thresholds for awards, FRA anticipates making multiple awards from the
$2.125 billion or more available for Service Development Programs. As
such, FRA expects applicants to tailor their applications and proposed
project scopes accordingly. Pursuant to 49 U.S.C. 24402(g)(1), FRA will
establish the net project cost for the scope of work proposed in an
application, based on engineering materials, studies of economic
feasibility, information on the expected use of equipment or
facilities, and other project information provided in an application.
FRA reserves the right to contact applicants with any questions or
comments related to applications.
Section 3: Eligibility Information
Applications under this solicitation will be required to meet
minimum requirements related to applicant eligibility, project
eligibility, and the fulfillment of other eligibility requirements. To
the extent that an application's substance exceeds the minimum
eligibility requirements described below, such information will be
considered in evaluating the merits of an application (see Section 5
for evaluation and selection criteria).
[[Page 38346]]
3.1 Eligible Applicants
Eligible applicant entities are as follows:
States (including the District of Columbia);
Groups of States (Sections 301 and 501 of PRIIA);
Interstate compacts (Sections 301 and 501);
Public agencies established by one or more States and
having responsibility for providing intercity passenger rail service
(Section 301) or high-speed passenger rail service (Section 501);
Amtrak (Section 501); and
Amtrak, in cooperation with States (Sections 301 and 302;
see 49 U.S.C. 24402(e) for additional information on Amtrak's
eligibility requirements when applying for grants in cooperation with
States).
3.2 Minimum Qualifications for Applicant Eligibility
An applicant must, in addition to demonstrating that it is an
eligible applicant type for the Service Development Program,
affirmatively demonstrate that the applicant has or will have the
legal, financial, and technical capacity to carry out the activities
proposed within an application. A prospective applicant that does not
fall within the definition of a State, group of States, or Amtrak will
also be required to submit documentation (such as copies of
legislation) demonstrating its legal authority to provide intercity or
high-speed passenger rail service on behalf of a State or group of
States.
In addition, the applicant must demonstrate that it has or will
have satisfactory continuing control over the use of equipment or
facilities acquired, constructed, or improved by the project and the
capability and willingness to maintain such equipment or facilities.
For an applicant to demonstrate the legal, financial, and technical
capacity to carry out the activities proposed in the application, the
applicant will be required to address the following qualifications:
The applicant's ability to absorb potential cost overruns
or financial shortfalls;
The applicant's experience in effectively administering
grants of similar scope and value (including timely completion of grant
deliverables, compliance with grant conditions, and quality and cost
controls); and
The applicant's experience in managing railroad investment
project development activities of a nature similar to those for which
funding is being requested.
For an applicant to demonstrate that it has or will have
satisfactory continuing control over the use of equipment or facilities
acquired, constructed, or improved by the project, the applicant will
be required to show either:
That the applicant has or will have direct ownership of
the equipment or facilities acquired, constructed, or improved by the
project; or
That the applicant has secured or has made progress
towards securing and will have enforceable contractual agreements
providing satisfactory continuing control in place with the entity or
entities (e.g., one or more railroads, or a local government) that have
or will have direct ownership of such assets.
For an applicant to demonstrate that it has or will have the
capability and willingness to maintain the equipment or facilities
acquired, constructed, or improved by the project, the applicant will
be required to show:
That it has made progress toward, and will have
contractual agreements in place with, any entity or entities (e.g., one
or more railroads, or a local government) that have or will have direct
ownership of the equipment or facilities acquired, constructed, or
improved by the project, which address financial and operational
responsibility for asset use and maintenance for the useful life of the
asset;
That, to the extent financial responsibility will fall to
the applicant, a viable funding source(s) has been identified to cover
maintenance costs; and
The applicant's experience in maintaining assets with
similar financial and operational maintenance requirements as those
assets for which funding is being requested.
Information and documentation demonstrating the fulfillment of the
minimum qualifications described above must be submitted as part of the
application (see Section 4.2).
3.3 Cost Sharing
3.3.1 Applicant Cost Sharing
The Federal share of the costs of projects funded through this
solicitation shall not exceed 80 percent.
If an applicant chooses the option of contributing, from its own,
its partner project sponsors', or other interested parties' resources,
more than the required 20 percent non-Federal share of the costs of its
proposed project, such additional contributions will be considered in
evaluating the merit of its application.
3.3.2 Requirements for Applicant Cost Sharing
An applicant's contribution toward the cost of its proposed project
may be in the form of cash or, with FRA approval, in-kind contributions
of services or supplies related to the activities proposed for funding.
As part of its application, an applicant offering an in-kind
contribution must provide a documented estimate of the monetary value
of any such contribution and its eligibility under 49 CFR 18.24 or
19.23. However, all in-kind contributions must be allowable,
reasonable, allocable, and in accordance with applicable OMB cost
principles, and must not represent double-counting of costs otherwise
accounted for in an indirect cost rate pursuant to which the applicant
will seek reimbursement.
The applicant must provide, as part of its application,
documentation that demonstrates that it has committed and will be able
to fulfill any required and pledged contribution, including committing
any required financial resources that are budgeted or planned at the
time the application is submitted.
All applicants will be required to identify a viable funding
source(s) at the time of application to absorb any cost overruns and
deliver the proposed project with no Federal funding or financial
assistance beyond that provided in the cooperative agreement.
3.4 Eligible Service Development Programs
Eligible Service Development Program activities under this funding
announcement must consist of a coordinated and comprehensive grouping
of capital projects that will result in the introduction of new high-
speed or intercity passenger rail services or significant improvements
to existing corridor services. These investments will generally
address, in a comprehensive manner, the construction and acquisition of
infrastructure, equipment, and stations, and other facilities necessary
to operate high-speed and intercity passenger rail service.
Capital projects are defined by 49 U.S.C. 24401(2) and 49 U.S.C.
26106(b)(3) as acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility for use in or for
the primary benefit of high-speed and intercity passenger rail service,
expenses incidental to the acquisition or construction (including
designing, engineering, location surveying, mapping, environmental
studies, and acquiring rights-of-way), payments for the capital
portions of rail
[[Page 38347]]
trackage rights agreements, highway-rail grade crossing improvements
related to high-speed and intercity passenger rail service, mitigating
environmental impacts, communication and signalization improvements,
relocation assistance, acquiring replacement housing sites, acquiring,
constructing, relocating, and rehabilitating replacement housing,
rehabilitating, remanufacturing or overhauling rail rolling stock and
facilities used primarily in intercity passenger rail service;
providing access to rolling stock for nonmotorized transportation and
storage capacity in trains for such transportation, equipment, and
other luggage; and the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service under 49
U.S.C. 24404. FRA will not fund activities not included in this
definition nor consider the funding of any such activities in
calculating an applicant's required cost share.
Service Development Programs applying for funding under this
solicitation may not include individual projects that have received
HSIPR program funding under previous solicitations.
3.4.1 Major Service Development Programs
To be considered eligible for HSIPR program funding, an applicant
applying for funding for a Major Service Development Program must have
completed and submitted a NEPA document satisfying FRA's ``Service
NEPA'' requirement with its application. See Section 4.2.5 and Appendix
2.2 for additional details on NEPA requirements.
Project PE, site-specific NEPA, final design, and construction
activities are eligible for funding. See Appendix 2 of this
solicitation for additional information on these activities.
3.4.2 Standard Service Development Programs
As with Major Service Development Programs, an applicant applying
for funding for a Standard Service Development Program must have
completed and submitted with its application an EIS or EA that
addresses, at a minimum, Service NEPA issues. For applications for
Standard Service Development Programs that are intended to advance
directly into Final Design, FRA requires project NEPA documents and all
Preliminary Engineering (PE) for project components to be completed and
submitted with the application. See Appendix 2.2 for additional details
on NEPA requirements, and Appendix 2.3 for further details regarding PE
requirements.
Remaining project PE and site-specific NEPA, final design, and
construction activities are eligible for funding. See Appendix 2 of
this solicitation for additional information on these activities.
3.4.3 Previously Funded Service Development Programs
An application proposing to augment a Service Development Program,
or component thereof, which received funding from FRA under the
American Recovery and Reinvestment Act of 2009 must demonstrate the
following:
The applicant has, at the time it submits the new
application, sufficiently refined the scope of previously funded
elements of the Service Development Plan to ensure those elements will
result in high-speed or intercity passenger rail service with
operational independence, as defined in Section 3.5.2 of this notice;
Any new elements of a Service Development Program proposed
in the current application will also result in high-speed or intercity
passenger rail service with operational independence, either
cumulatively with the previous investment or as an independent
operating segment of the Service Development Program;
The applicant possesses the capacity and capability to
manage and implement the proposed increase in scope of the Service
Development Program in addition to the scope of work funded under the
previous award; and
There is a demonstrated need for immediate additional
funding to implement the proposed increase in scope of the Service
Development Program and the ability to expend the original and
additional funds in the near term.
3.5 Additional Eligibility Requirements
3.5.1 Service Development Program Planning
Service Development Programs proposed for funding must be
identified through a Service Development Plan meeting the requirements
of this interim guidance. A Service Development Plan is prepared during
the planning phase for HSIPR Service Development Programs and lays out
the overall scope and approach for the proposed service. At a minimum,
a Service Development Plan must clearly demonstrate the purpose and
need for new or improved intercity passenger rail service; analyze
alternatives for the proposed new or improved intercity passenger rail
service, and identify the alternative that would best address the
identified purpose and need; identify the discrete capital projects
that will be required to implement the alternative that is proposed to
be pursued; demonstrate the operational and financial feasibility of
the alternative that is proposed to be pursued; and, as applicable,
describe how the implementation of the HSIPR Service Development
Program may be divided into discrete phases. More information on the
objectives and preparation of Service Development Plans is included in
Appendix 2.1.
3.5.2 Operational Independence
All Service Development Programs that are proposed to be advanced
using HSIPR program funding must have operational independence. A
Service Development Program is considered to have operational
independence if, upon being implemented, it will result in a minimal
operating segment of new or substantially improved high-speed or
intercity passenger rail service that demonstrates tangible and
measurable benefits, even if no additional investments in the same
service are made. Examples of these benefits would include operational
reliability improvements, travel-time reductions, and additional
service frequencies resulting in increased ridership.
Applications that include benefits or proposed activities that are
contingent upon FRA's selection of another application will not be
considered for funding.
3.5.3 Availability of Funds
It is important for awarded projects to be brought promptly to
obligation through execution of a cooperative agreement by the
applicant and FRA and for awarded funds to be expended without delay
and in accordance with the statement of work and project schedules
included in the cooperative agreement. Under 49 U.S.C. 24402(h), if any
amount awarded under the HSIPR program is not obligated within 2 years
of the date on which the award is made, FRA may cancel the award and
redistribute the funds to other HSIPR projects at the FRA
Administrator's sole discretion. Similarly, FRA may require the return
of obligated funds that remain unexpended if the grantee is not making
satisfactory progress in implementing the project or program as
provided for in the cooperative agreement.
3.5.4 Eligibility Restrictions
Pursuant to the provisions of Sections 301, 302, and 501 of PRIIA,
the following activities are ineligible to
[[Page 38348]]
receive Federal funding under this solicitation:
Applications submitted by private entities other than
Amtrak;
Projects for which commuter rail passenger transportation
is the primary intended beneficiary (see Appendix 1);
Projects in which the physical improvements are located
outside of the United States; and
Any expenses associated with passenger rail operating
costs.
3.5.5 Funding Restrictions
In general, only those costs considered allowable pursuant to OMB
Circular A-87, ``Cost Principles for State, Local, and Indian Tribal
Governments'' (codified at 2 CFR part 225), will be considered for
funding. Additionally, the following funding restrictions will apply to
cooperative agreements awarded under this solicitation and must be
taken into consideration in the development of budget information
submitted as part of an application:
Funding may not be used to fund expenses associated with
the operation of intercity passenger rail service; and
While there is no cap on a grant recipient's use of grant
funds for management and administrative costs, such costs must be
allowable, reasonable, allocable, and in accordance with applicable OMB
cost principles cited above.
FRA will also consider reimbursement of pre-award costs incurred
after the enactment of the FY 2010 DOT Appropriations Act (December 16,
2009). However, such costs will be considered for reimbursement only to
the extent that they are otherwise allowable under the applicable cost
principles. To the extent such pre-award costs are incurred prior to
the date of submission of an application, the application must show in
detail what costs have been incurred in order for such costs to be
considered for reimbursement. Projects for which construction
activities commenced prior to receipt of an FRA environmental
determination under NEPA will not be eligible for funding.
Additionally, a grant recipient may not generally expend any of the
funds provided in an award on construction or other activities that
represent an irretrievable commitment of resources to a particular
course of action affecting the environment until after all
environmental and historic preservation analyses required by the
National Environmental Policy Act (42 U.S.C. 4332) (NEPA), the National
Historic Preservation Act (16 U.S.C. 470(f)) (NHPA), and related laws
and regulations have been completed and FRA has provided the grant
recipient with a written notice authorizing it to proceed.
3.5.6 Standards for Equipment Procurement or Design Grants
If the applicant is seeking a grant for the procurement or design
of railroad equipment, the proposed equipment should be consistent with
specifications developed by the Next Generation Corridor Equipment Pool
Committee. This Committee was established under Section 305 of PRIIA to
develop a pool of standardized next-generation rail corridor equipment.
Compliance with Section 305 of PRIIA will assist in creating the
economies of scale necessary to achieve the Administration's goal of
developing a sustainable railroad equipment manufacturing base in the
United States, as outlined in the Vision for High-Speed Rail in America
(April 2009). The Next Generation Corridor Equipment Pool Committee
will be issuing specifications for bi-level cars this summer, single-
level cars this winter, and locomotives in 2011.
3.5.7 Positive Train Control (PTC)
If, as a component of an overall Service Development Plan intended
to benefit high-speed or intercity passenger rail service, a project
involves installation and/or improvements to railroad signaling/control
systems, the application must demonstrate that the proposed
improvements are consistent with a comprehensive plan for complying
with the requirements for PTC implementation under Section 104 of the
Rail Safety Improvement Act of 2008 (``RSIA,'' Division A of Pub. L.
110-432, October 16, 2008, codified at 49 U.S.C. 20157) and with FRA's
final rule on Positive Train Control Systems published in the Federal
Register on January 15, 2010 (75 FR 2598).
Section 4: Application and Submission Information
4.1 Application Procedures
4.1.1 Applying Online Through GrantSolutions
FRA participates in the Grants Management Line of Business (GMLoB)
E-Gov initiative. As part of that initiative, FRA uses the
Administration for Children and Families' (ACF) GrantSolutions (GS)
Grants Management System. All applications must be submitted to FRA
through GrantSolutions. To access the system, go to https://www.grantsolutions.gov. Should an applicant encounter difficulties
accessing using GS, please contact the GrantSolutions Help Desk at 1-
866-577-0771 or via e-mail at help@grantsolutions.gov. Applicants must
complete the following three steps prior to submitting an application
through GS:
Register in GS. Go to https://www.grantsolutions.gov and
select ``Register'' on the right side of the page. Applicants should
begin the process immediately to meet the application submission
deadlines.
Obtain a Data Universal Number System (DUNS) number. All
applicants must include a DUNS number in their application.
Applications without a DUNS number are incomplete. A DUNS number is a
unique nine-digit number recognized as the universal standard for
identifying and keeping track of entities receiving Federal funds. The
identifier is used for tracking purposes and to validate address and
point of contact information for Federal assistance applicants,
recipients and subrecipients. The DUNS number will be used throughout
the grant lifecycle. Obtaining a DUNS number is a free, simple, one-
time activity. Obtain a number by calling 1-866-705-5177 or by applying
online at https://fedgov.dnb.com/webform/displayHomePage.do.
Register in the Central Contractor Registration (CCR)
database. FRA also requires that all applicants (other than
individuals) for Federal financial assistance maintain current
registrations in the CCR database. The CCR database is the repository
for standard information about Federal financial assistance applicants,
recipients and subrecipients. Organizations that have previously
submitted applications via https://www.grants.gov or GrantSolutions
should already be registered with CCR. Please note, however, that
applicants must update or renew their CCR registration at least once
per year to maintain an active status. Information about registration
procedures can be accessed at https://www.ccr.gov.
Standard OMB forms (identified in Section 4.2.3) will be available
electronically on the Funding Opportunity page at https://
www.GrantSolutions.gov. The Funding Opportunity screen provides
applicants with general announcement information and access to all
application kit materials in order to view and print application forms
and information. In addition, applicants can apply online through this
screen.
Program-specific forms (identified in Sections 4.2.1, 4.2.2, and
4.2.4) may be downloaded from FRA's Web site at https://www.fra.dot.gov/Pages/477.shtml.
[[Page 38349]]
4.1.2 Address To Request Paper Application Package
If Internet access is unavailable, please write to FRA at the
address below to request a paper application: U.S. Department of
Transportation, Federal Railroad Administration, Attn: HSIPR Program
Information (RPD-10), Mail Stop 20, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
4.2 Application Package
Required documents for the application package are summarized in
the checklist below.
Application Checklist
------------------------------------------------------------------------
Documents Format
------------------------------------------------------------------------
1. Application Form
------------------------------------------------------------------------
[ballot] HSIPR Service Development Program Form
Application Form
------------------------------------------------------------------------
2. Budget and Schedule Form
------------------------------------------------------------------------
[ballot] HSIPR Service Development Program Budget Form
and Schedule Form
------------------------------------------------------------------------
3. OMB Standard Forms
------------------------------------------------------------------------
[ballot] SF 424: Application for Federal Assistance Form
[ballot] SF 424C: Budget Information--Construction Form
[ballot] SF 424D: Assurances--Construction Form
------------------------------------------------------------------------
4. FRA Assurances Document
------------------------------------------------------------------------
[ballot] FRA Assurances Document Form
------------------------------------------------------------------------
5. Service Development Supporting Documentation
------------------------------------------------------------------------
[ballot] Service Development Plan No Specified
Format
[ballot] NEPA Documentation No Specified
Format
------------------------------------------------------------------------
6. Service Delivery Supporting Documentation
------------------------------------------------------------------------
[ballot] Project Management Plan No Specified
Format
[ballot] Financial Plan No Specified
Format
[ballot] System Safety Plan No Specified
Format
[ballot] Railroad and Project Sponsor Agreements No Specified
Format
------------------------------------------------------------------------
7. Optional Supporting Documentation
------------------------------------------------------------------------
[ballot] Preliminary Engineering (PE) and/or Final No Specified
Design (FD) Documentation Format
[ballot] Other Relevant and Available Documentation n/a
------------------------------------------------------------------------
Applicants must complete and submit all components of the
application package; failure to do so may result in the application
being removed from consideration for award. All components of the
application package must be submitted through GrantSolutions (including
optional supporting documentation), as described in Section 4.1.1.
The HSIPR Service Development Program application package contains
seven components:
1. HSIPR Service Development Program Application Form (see Section
4.2.1).
2. HSIPR Service Development Program Budget and Schedule Form (see
Section 4.2.2).
3. OMB Standard Forms (see Section 4.2.3).
4. FRA Assurances Document (see Section 4.2.4).
5. Service Development Supporting Documentation (see Section
4.2.5).
6. Service Delivery Supporting Documentation (see Section 4.2.6).
7. Optional Supporting Documentation (see Section 4.2.7).
For any other documentation required prior to award that is not
specified in this notice, FRA will make individual arrangements with
applicants for the submission of the required documentation.
It is in the best interest of an applicant who is submitting an
application for a Service Development Program that is exceptionally
complex, long-term, or broad in scope to submit phased application
packages for the same Service Development Program. Applicants pursuing
this option should divide the activities into discrete phases, each
with operational independence, based on geographic section, type of
activity, or other appropriate criteria.
To apply for funding using this approach, an applicant should
structure the applications in such a way that an application for a
specific phase also includes all of the project activities and funding
requested in applications for all previous phases, in addition to the
set of activities and funding requested for the current phase. This
``nested'' approach will give FRA flexibility to select for funding
those phases of a Service Development Program that are sufficiently
developed to realize significant benefits, rather than selecting or not
selecting the entire program based on insufficient development of some
constituent parts.
For example, an applicant applying for funding for a Service
Development Program may break the program into three distinct phases
and apply as follows:
Application 1 includes package of projects A for $X;
Application 2 includes package of projects A + B for $X +
$Y; and
Application 3 includes package of projects A + B + C for
$X + $Y + $Z.
Applicants taking this phased approach to their application
submittals must ensure that each individual application includes all of
the required documentation described below. FRA recognizes that in
certain instances the same document may be used to support each of the
individual applications; however, to support FRA's eligibility and
evaluation review processes, each application package must be complete
and include all required documentation.
4.2.1 HSIPR Service Development Program Application Form
The Application Form includes fields that have been developed by
FRA to capture pertinent qualitative and quantitative program-specific
information that is needed for FRA to confirm applicant and project
eligibility, as well as information needed for evaluation and selection
of applications. The Application Form requests four types of
information:
1. General applicant and Service Development Program information;
2. Narratives that allow the applicant to make arguments for the
benefits of the proposed Service Development Program and other factors
that are used to evaluate the merits of the application (see Section
5.2 for evaluation criteria);
3. A corridor service overview that presents the applicant's
comprehensive vision for the development or improvement of a corridor
service and provides a navigation tool for multiple applications
related to a particular Service Development Program; and
4. An ``executive summary'' that outlines the major milestones for
the Service Development Program. It is FRA's intent that this portion
of the application form will provide the framework for the Letter of
Intent (LOI) if the project is selected for funding.
[[Page 38350]]
The Application Form also asks applicants who wish to be considered
for designation as a Standard Service Development Program to provide a
narrative describing how they meet the factors described in Section
1.3.1.
4.2.2 HSIPR Service Development Program Budget and Schedule Form
The HSIPR Service Development Program Budget and Schedule Form is a
Microsoft Excel document that supports the qualitative and quantitative
claims made in the applicant's HSIPR Service Development Program
Application Form. In addition to capturing detailed program budget and
schedule information, the form also describes the standard cost
categories developed by FRA to assist in evaluating and selecting
projects.
4.2.3 OMB Standard Forms
The Standard Forms are developed by the Office of Management and
Budget (OMB) and are required of all grant applicants. Applicants
applying for funding should submit the following forms electronically
through GrantSolutions:
Standard Form 424: Application for Federal Assistance;
Standard Form 424C: Budget Information--Construction
Programs; and
Standard Form 424D: Assurances--Construction Programs.
4.2.4 FRA Assurances Document
The FRA Assurances document contains standard Department
certifications on grantee suspension and debarment, drug-free workplace
requirements, and Federal lobbying. The FRA Assurances document can be
obtained from FRA's Web site at https://www.fra.dot.gov/downloads/admin/assurancesandcertifications.pdf. The document should be signed by an
authorized certifying official for the applicant, scanned into
electronic format, and submitted through GrantSolutions.
4.2.5 Service Development Supporting Documentation
The service development documentation below focuses on the physical
attributes of a project and its anticipated outcomes. These materials
must demonstrate that the project has completed specified prerequisites
and is ready to progress to the next phase of development.
Service Development Plan--Applicants must submit the
Service Development Pan (SDP) that informed the Service Development
Program. The SDP lays out the overall scope and approach for the
proposed service. The SDP must address the following objectives:
[cir] Clearly demonstrate the purpose and need for new or improved
HSIPR service;
[cir] Analyze alternatives for the proposed new or improved HSIPR
service and identify the alternative that would best address the
identified purpose and need;
[cir] Demonstrate the operation and financial feasibility of the
alternative that is proposed to be pursued;
[cir] Identify the discrete capital projects that will be required
to implement the alternative that is proposed to be pursued; and
[cir] As applicable, describe how the implementation of the HSIPR
Service Development Program may be divided into discrete phases.
FRA recognizes that a variety of formats and types of information
may meet the objectives described above. Applications that do not
demonstrate fulfillment of these objectives may be determined by FRA to
be not ready for consideration and evaluation. See Appendix 2.1 for
additional information and suggested content for an SDP that satisfies
the objectives above.
National Environmental Policy Act (NEPA) Documentation--
Applicants must provide a completed Environmental Assessment or a
completed Final Environmental Impact Statement that demonstrates, at a
minimum, satisfaction of ``Service NEPA'' for the proposed Service
Development Program (either submitted with the application package or
references through an accurate URL). If the applicant has completed
project NEPA to satisfy this requirement, particularly for Standard
Service Development Programs, this documentation should be submitted.
If the applicant has prepared second-tier project NEPA documents for
projects within the program, those may also be submitted. Any NEPA
documentation submitted must be approved by the responsible State
agency as sufficient and complete. A NEPA decision document (a Record
of Decision or Finding of No Significant Impact) is not required for an
application but must have been issued by FRA prior to award of a
construction grant and commencement of any construction activities
related to the project. NEPA requirements are detailed in Appendix 2.2
of this solicitation.
4.2.6 Service Delivery Supporting Documentation
Service delivery documentation of the types described below focuses
on the implementation of the project and how the risks and
uncertainties associated with the project will be managed.
FRA recognizes that a variety of formats and types of information
may meet the objectives described below. Applications that do not
demonstrate fulfillment of these objectives may be determined by FRA to
be not ready for consideration and evaluation.
Project Management Plan--Under PRIIA (49 U.S.C. 24403(a)),
all Major Capital Projects (which includes most Service Development
Programs) must prepare and carry out a Project Management Plan (PMP)
approved by FRA. A PMP is a formal integrated document that serves as
an overview of the applicant's approach toward the planning,
monitoring, and implementation of a project. This documentation
establishes the who, what, when, where, why, and how of the project.
While elements of the PMP may draw information from outputs of the
project development process (such as scope and design specifications,
cost estimates, and project schedules), the PMP serves as FRA's primary
source of information related to an applicant's plan for implementing
the project. Applications submitted pursuant to this solicitation must
include a PMP that demonstrates that the applicant's management
procedures and organization give it the legal, financial, and technical
capability and capacity to carry out successfully the Service
Development Plan. In accordance with 49 U.S.C. 24403(a), the PMP must,
at a minimum, address the following topics:
[cir] Adequate recipient staff organization with well-defined
reporting relationships, statements of functional responsibilities, job
descriptions, and job qualifications of key personnel and positions;
[cir] A budget covering the project management organization,
appropriate consultants, property acquisition, utility relocation,
systems demonstration staff, audits, and miscellaneous payments the
recipient may be prepared to justify;
[cir] A construction schedule for the project;
[cir] A document control procedure and recordkeeping system;
[cir] A change order procedure that includes a documented,
systematic approach to handling the construction change orders;
[cir] Organizational structures, management skills, and staffing
levels required throughout the construction phase;
[cir] Quality control and quality assurance functions, procedures,
and responsibilities for construction, system
[[Page 38351]]
installation, and integration of system components;
[cir] Material testing policies and procedures;
[cir] Internal plan implementation and reporting requirements;
[cir] Criteria and procedures to be used for testing the
operational system or its major components;
[cir] Periodic updates of the plan, especially related to project
budget and project schedule, financing, and ridership estimates; and
[cir] The project sponsor's commitment to submit periodically a
project budget and project schedule to FRA if the project is selected.
Financial Plan--A Financial Plan is a formal integrated
document that addresses the applicant's approach toward managing the
financial resources necessary to deliver the project and must be
included with any application submitted pursuant to this solicitation.
For a Service Development Program, the objectives of a Financial Plan
are to (1) identify the sources of funding that will be used to satisfy
the financing requirements to develop and implement the project (as
based on the requirements established in project cost estimates); (2)
describe the risks associated with the financing of the project (such
as uncertainty regarding the commitment of required funding and the
potential for unanticipated cost overruns); (3) identify the sources of
any funding required to support the operations of the project. See
Appendix 3 for additional information and suggested content for a
Financial Plan that satisfies the objectives above.
System Safety Plan--A System Safety Plan (SSP) must be
submitted that demonstrates that the Service Development Program's
design, implementation, and operation will comply with all applicable
FRA safety requirements and will be performed in a manner that places
safety as the highest priority. In general, the length, detail, and
complexity of the SSP will depend significantly on the size and
complexity of the Service Development Program. For relatively simple
Service Development Programs, the SSP may be limited, describing the
program's compliance with specific safety regulations and providing
reference to procedures that will be followed for ensuring safe
implementation. As applicable, the preparation of the SSP should be
closely coordinated with, and may draw content from, documentation
prepared by the applicant to satisfy requirements of the FRA Office of
Railroad Safety, especially the guidelines for an APTA/FRA System
Safety Program Plan, the FRA guidelines for collision hazard analysis,
and any subsequent FRA regulations currently being developed requiring
System Safety Plans. Prior to FRA issuing an LOI or cooperative
agreement for a Service Development Program, an applicant must complete
a System Security Plan.
Railroad and Project Sponsor Agreements--Although the
implementation of a HSIPR Service Development Program will generally
require the development of numerous agreements of varying complexity
between the parties involved with and affected by the project, two
categories of agreement represent key elements of project delivery: (1)
Agreements between the project sponsor(s) and the railroad(s) that own
the infrastructure and that operate the service, and (2) agreements
between multiple project sponsors, for projects that cross
jurisdictional boundaries and/or involve subrecipients.
[cir] Railroad Agreements--Applications for Service Development
Programs must include, at a minimum, agreements in principle with
railroads that own any infrastructure to be improved as part of the
Service Development Program and the operator of the HSIPR service(s)
that will benefit from the project. Agreements in principle must
demonstrate the railroads' commitment to taking all steps within their
control to ensure the achievement of the public benefits (and
particularly all operational benefits) of the Service Development
Program that are described in the application, and their concurrence
with the program of capital project identified as being required to
achieve those benefits. Such agreements in principle should be
structured so as to be able serve as the basis for future contractual
agreements through which the railroads' cooperation in achieving the
public benefits may be enforced by the project sponsor.
[cir] Project Sponsor Agreements--For any project that has multiple
potential grantees or project sponsors, application must include a
Project Sponsor Agreement executed among all of the parties involved
that establishes the relationships between these entities and that
identifies a single legal Grantee who will be responsible to and serve
as the primary point of contact for FRA.
4.2.7 Optional Supporting Documentation
Preliminary Engineering (PE) and/or Final Design (FD)
Documentation--While not required as part of the application package,
applicants should provide any documents that demonstrate the PE status
(or Final Design status, if completed) of the proposed projects within
the program. PE refines project plans and conceptual designs in order
to identify the specific design alternative that can assure delivery of
project objectives. At a minimum, completed PE documentation must
demonstrate fully (1) the construction and operational feasibility of
the project, (2) a level of project design, cost estimates, and
schedules sufficient to advance immediately into full implementation,
e.g., through a ``design-build'' contract, and (3) identification of
service operation outcomes sufficient to support agreements with
stakeholders (e.g., railroads) needed to deliver those benefits. See
Appendix 2.3 for additional information on Preliminary Engineering and
Appendix 2.4 for information on Final Design.
Other Relevant and Available Documentation--To support the
Application Form, FRA welcomes the submission of other relevant and
available supporting documentation that may have been developed by the
applicant. The format and structure of any optional supporting
documents is at the discretion of the applicant. Optional supporting
documentation may be provided one of two ways: (1) As attachments to
the application or (2) in hard copy to the address in Section 4.5 for
materials that cannot otherwise be provided electronically. Applicants
should provide notification of any documentation being submitted in
hard copy in the appropriate section of the Application Form.
4.3 Submission Dates and Times
Applications for these funds must be submitted through
GrantSolutions by 5 p.m. EDT, August 6, 2010.
4.4 Intergovernmental Review
This program has not been designated as subject to Executive Order
12372 pursuant to 49 CFR part 17.
4.5 Other Submission Information
As detailed in Section 4.1.1, all application materials, including
supporting documentation, should be submitted through GrantSolutions.
Should an applicant encounter technical difficulties using the
GrantSolutions system, please contact the GrantSolutions Help Desk at
1-866-577-0771 or via e-mail at help@grantsolutions.gov. If the
applicant experiences technical issues that may cause the applicant to
miss the application deadline, the applicant must contact FRA at
HSIPR@dot.gov immediately to request consideration to
[[Page 38352]]
submit the application after the deadline. FRA staff may ask the
applicant to e-mail the complete grant application, the DUNS number,
and provide a GrantSolutions Customer Support tracking number(s). After
FRA reviews all of the information submitted and contacts the
GrantSolutions Customer Support to validate the technical issues
reported, FRA will contact the applicant to either approve or deny the
request to submit a late application. If the technical issues reported
cannot be validated, the application may be rejected as untimely. For
applications submitted by e-mail, the applicant should print, sign,
scan into electronic format (preferably Adobe Portable Document Format
(.pdf)), and attach to the submission e-mail copies of all application
forms requiring the applicant's signature.
For optional supporting documentation that an applicant is unable
to submit electronically (such as oversized engineering drawings), an
applicant may submit an original and two copies to the address below.
However, due to delays caused by enhanced screening of mail delivered
via the U.S. Postal Service, applicants are advised to use other means
of conveyance (such as courier service) to assure timely receipt of
materials.
U.S. Department of Transportation, Federal Railroad Administration,
Attn: HSIPR Program Information (RPD-10) Room 38-302, Mail Stop 20,
1200 New Jersey Avenue, SE., Washington, DC 20590.
Section 5: Application Review Information
5.1 Review and Selection Process
Complete applications are due by 5 p.m. EDT, August 6, 2010.
Applications will proceed through a three-step process:
1. Screening for completeness and eligibility (requirements
outlined above in Section 3);
2. Review of each eligible application individually by a technical
panel applying ``evaluation criteria''; and
3. Final review of all eligible applications collectively and
selection by the FRA Administrator applying ``selection criteria.''
All applications will first be screened for completeness and
applicant and project eligibility. Applications determined to be both
complete and eligible will be referred to a technical panel consisting
of subject-matter experts for an evaluation review. The panels will be
comprised of professional staff employed by FRA and other DOT modal
administrations, as appropriate.
Applications will be individually reviewed and assessed against the
evaluation criteria outlined in Section 5.2. For each of the criteria,
the panel will assign a rating of zero to three points, based on the
application's fulfillment of the objectives of each criterion. These
individual criterion ratings will then be combined according to
priority of criteria to arrive at an overall rating for the
application.
The evaluation criteria, ranked in order of priority, are:
1. Public Benefits.
2. Sustainability of Benefits.
3. Project Delivery Approach.
In addition to the ratings assigned by the technical evaluation
panels, the FRA Administrator may take into account several cross-
cutting and comparative selection criteria to determine awards. The
Administrator will review the preliminary results to ensure that the
scoring has been applied consistently and that the collective results
meet several key priorities essential to the success and sustainability
of the program (see Section 5.3). The five selection criteria are:
1. Fulfillment of DOT Strategic Goals.
2. Region/Location.
3. Innovation/Resource Development.
4. Partnerships/Participation.
5. Prior Federal Funding and State Investments.
In accordance with 49 U.S.C. 24402(c), FRA may also consider
``other relevant factors as determined by the Secretary'' of
Transportation, in addition to the evaluation and selection criteria
described below.
5.2 Evaluation Criteria
Careful economic analysis that quantifies and demonstrates the
monetary value of user benefits and, if available, public benefits,
will be particularly relevant to FRA in evaluating applications. The
systematic process of comparing expected benefits and costs helps
decision-makers organize information about, and evaluate trade-offs
between, alternative transportation investments. FRA will consider
benefits and costs using standard data provided by applicants and will
evaluate applications in a manner consistent with Executive Order
12893, Principles for Federal Infrastructure Investments, 59 FR 4233
(January 31, 1994).
5.2.1 Public Benefits
Evaluation against this criterion will consider the qualitative
factors outlined below, as supported by key quantitative metrics.
Applicants must determine and identify service outcomes to quantify the
anticipated benefits of the Service Development Program (or distinct
phase or geographic segment) proposed in an application.
5.2.1.1 Transportation Benefits
Each application will be assessed based on its demonstration of the
potential of the proposed Service Development Program investments to
achieve transportation benefits in a cost-effective manner. Factors to
be considered in assigning a rating include the contribution the
proposed Service Development Program would make to:
Supporting the development of intercity high-speed rail
service;
Generating improvements to existing high-speed and
intercity passenger rail service, as reflected by estimated increases
in ridership (as measured in passenger-miles), increases in operational
reliability (as measured in reductions in delays), reductions in trip
times, additional service frequencies to meet anticipated or existing
demand, and other related factors;
Generating cross-modal benefits, including anticipated
favorable impacts on air or highway traffic congestion, capacity, or
safety, and cost avoidance or deferral of planned investments in
aviation and highway systems;
Cr