Notice of Funding Opportunity for the FY 2023-FY 2024 Railroad Crossing Elimination Program, 56788-56807 [2024-15061]
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices
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email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comments online, go
to www.regulations.gov and put the
docket number, ‘‘FMCSA–2014–0071’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’
When the new screen appears, click
on the ‘‘Comment’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
Confidential Business Information (CBI)
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to the
notice, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission that constitutes CBI as
‘‘PROPIN’’ to indicate it contains
proprietary information. FMCSA will
treat such marked submissions as
confidential under the Freedom of
Information Act, and they will not be
placed in the public docket of the
notice. Submissions containing CBI
should be sent to Brian Dahlin, Chief,
Regulatory Evaluation Division, Office
of Policy, FMCSA, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001 or via email at brian.g.dahlin@
dot.gov. At this time, you need not send
a duplicate hardcopy of your electronic
CBI submissions to FMCSA
headquarters. Any comments FMCSA
receives not specifically designated as
CBI will be placed in the public docket
for this notice.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from certain parts of the
Federal Motor Carrier Safety
Regulations. FMCSA must publish a
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notice of each exemption request in the
Federal Register (49 CFR 381.315(a)).
The Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305(a)).
The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the regulatory provision from
which the applicant will be exempt, the
effective period, and all terms and
conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is
denied, the notice will explain the
reason for the denial (49 CFR
381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Applicant’s Request
MFT has requested a renewal of its
exemption ‘‘for the maximum available
period’’ from the sleeper berth
requirements, which previously were
set forth in 49 CFR 395.1(g)(1)(ii)(A)(1–
2). FMCSA revised the sleeper berth
provisions in 2020 so that the relevant
requirements are now in 49 CFR
395.1(g)(1)(ii)(A) and (B) [85 FR 33396].
The exemption renewal would allow
MFT team drivers to continue to take
the equivalent of 10 consecutive hours
off duty by splitting sleeper berth time
into two periods totaling 10 hours,
provided neither of the two periods is
less than 3 hours. MFT team drivers
have held exemptions since 2015.1
Copies of the initial request for
exemption, subsequent renewal
requests, and all public comments
received may be reviewed at
www.regulations.gov.
IV. Request for Comments
FMCSA requests public comment
from all interested persons on MFT’s
application to renew its exemption. All
comments received before the close of
business on the comment closing date
indicated at the beginning of this notice
will be considered and will be available
for examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
1 March 27, 2015, (80 FR 16503); April 20, 2016,
(81 FR 23349); and April 20, 2020, (85 FR 21916).
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will be considered to the extent
practicable.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–15182 Filed 7–9–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the
FY 2023–FY 2024 Railroad Crossing
Elimination Program
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity
(NOFO or Notice).
AGENCY:
This Notice details the
application requirements and
procedures to obtain grant funding for
eligible projects under the Railroad
Crossing Elimination Program for Fiscal
Years (FY) 2023 and 2024. This Notice
solicits applications for funds made
available by the Infrastructure
Investment and Jobs Act (IIJA). The
opportunity described in this notice is
made available under Assistance
Listings Number 20.327, ‘‘Railroad
Crossing Elimination.’’
DATES: Applications for funding under
this solicitation are due no later than
11:59 p.m. EST, September 23, 2024.
Applications that are incomplete or
received after 11:59 p.m. EST, on
September 23, 2024 will not be
considered for funding. See section D of
this notice for additional information on
the application process.
ADDRESSES: Applications must be
submitted via www.Grants.gov. Only
applicants who comply with all
submission requirements described in
this notice and submit applications
through www.Grants.gov will be eligible
for award.
FOR FURTHER INFORMATION CONTACT: For
further information concerning this
notice, please contact the FRA NOFO
Support program staff via email at FRANOFO-Support@dot.gov. If additional
assistance is needed, you may contact
Ms. Jenny Zeng, Transportation Industry
Analyst, at email: Jenny.Zeng@dot.gov
or telephone: 857–330–2481; Stefani
Gaede, Transportation Industry Analyst,
at email: stefani.gaede@dot.gov or
telephone: 202–940–8426; in FRA’s
Office of Rail Program Development.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA
recommends that applicants read this
notice in its entirety prior to preparing
SUMMARY:
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application materials. Definitions of key
terms used throughout the NOFO are
provided in section A(2) below. These
key terms are capitalized throughout the
NOFO. There are several administrative
and specific eligibility requirements
described herein with which applicants
must comply. Additionally, applicants
should note that the required Project
Narrative component of the application
package may not exceed 25 pages in
length.
Table of Contents
A. Program Description
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B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
SUMMARY OVERVIEW OF KEY INFORMATION: RAILROAD CROSSING ELIMINATION PROGRAM (RCE)
Issuing Agency .....................
Program Overview ...............
Eligible Applicants ................
Eligible Project Types ..........
Funding ................................
Deadline ...............................
Federal Railroad Administration, U.S. Department of Transportation.
The purpose of the RCE Program is to fund highway-rail or pathway-rail grade crossing improvement projects
that focus on improving the safety and mobility of people and goods.
• A State (including the District of Columbia Puerto Rico, and other United States territories and possessions).
• A political subdivision of a State.
• A federally recognized Indian Tribe.
• A unit of local government or a group of local governments.
• A public port authority.
• A metropolitan planning organization.
• A group of entities included above.
• Grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof.
• Track relocation.
• The improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described above.
• Other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including
technological solutions).
• A group of related projects described above that would collectively improve the mobility of people and goods.
• The planning, environmental studies, and final design for a project or group of projects described above.
The total funding available for awards under this NOFO is up to $1,148,809,580.
Deadline: No later than 11:59 p.m. EST, September 23, 2024.
A. Program Description
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1. Overview
The RCE Program provides a federal
funding opportunity to fund highwayrail or pathway-rail grade crossing
improvement projects that focus on
improving the safety and mobility of
people and goods. Such projects will
improve American rail infrastructure to
enhance rail safety, improve the health
and safety of communities, eliminate
highway-rail and pathway-rail grade
crossings that are frequently blocked by
trains, and reduce the impacts that
freight movement and railroad
operations may have on underserved
communities.
The purpose of this NOFO is to solicit
applications for projects through the
competitive RCE Program, which is
authorized by the Infrastructure
Investment and Jobs Act (IIJA), Sec.
22104, Public Law 117–58 (November
15, 2021), and funded by the 2023 and
2024 advance appropriations in Title
VIII of Division J of the IIJA. This NOFO
describes funding available, application
submission requirements, and the
selection and evaluation criteria for
projects under the RCE Program. The
RCE Program requirements are codified
at 49 U.S.C. 22909.
This NOFO integrates FRA’s
Guidance on Development and
Implementation of Railroad Capital
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Projects (Jan. 12, 2023, 88 FR 2163)
(FRA’s Capital Projects Guidance),
which assists project sponsors in
developing effective and complete
capital projects by defining the project
development process and describing
implementation tools, processes, and
documentation that may be required for
a grant. FRA’s Capital Projects Guidance
can be found here: https://
railroads.dot.gov/elibrary/fra-guidancedevelopment-and-implementationrailroad-capital-project.
In December 2023, FRA updated its
standard grant agreement terms and
conditions. The new FRA grant
agreement consists of three parts:
Attachment 1: Standard Terms and
Conditions, Attachment 2: ProjectSpecific Terms and Conditions, and
Terms and Conditions Exhibits. The
updated agreements are available at:
https://railroads.dot.gov/grants-loans/
fra-discretionary-grant-agreements.
DOT seeks to fund projects that
advance the Administration Priorities of
safety, equity, climate and
sustainability, workforce development,
job quality, and wealth creation as
described in the U.S. Department of
Transportation (DOT) Strategic Plan,1
1 Additional information about the USDOT
Strategic Plan, Research, Development and
Technology Strategic Plan can be found here:
https://www.transportation.gov/dot-strategic-plan.
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and in executive orders, which are
described in section E.
2. Definitions of Key Terms
Terms defined in this section are
capitalized throughout this notice.
a. ‘‘Capital Project’’ means a project
for acquiring, constructing, improving,
or inspecting rail equipment, track and
track structures, or a rail facility,
including expenses incidental to the
acquisition or construction including
pre-construction activities (such as
designing, engineering, location
surveying, mapping, acquiring rights-ofway) and related relocation costs,2
environmental studies, and all work
necessary for FRA to consider the effects
of the proposed project under the
National Environmental Policy Act;
Highway-Rail Grade Crossing
improvements; communication and
signalization improvements; and
rehabilitating, remanufacturing, or
overhauling rail rolling stock and rail
facilities.
b. ‘‘Commuter Rail Passenger
Transportation’’ means short-haul rail
passenger transportation in
metropolitan and suburban areas
usually having reduced fare, multiple
rides, and commuter tickets, and
morning and evening peak period
2 FRA will consider right-of-way acquisition only
if it is included in an application also seeking
Construction funding.
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operations, consistent with 49 U.S.C.
24102(3); the term does not include
rapid transit operations in an urban area
that are not connected to the general
railroad system of transportation.
c. ‘‘Construction’’ means the Lifecycle
Stage of a Capital Project during which
the Capital Project is completely built,
installed, and placed in use.
Construction activities include, but are
not limited to, physical construction
and installation of the Capital Project,
including testing of equipment,
workforce training, and start-up testing.
Construction activities occur after a
project has completed Final Design.
Construction is described in FRA’s
Capital Projects Guidance.
d. ‘‘Final Design’’ or ‘‘FD’’ means the
Lifecycle Stage of a Capital Project
during which the Capital Project design
is advanced to be ready for
Construction. This is when the
agreements necessary to construct and
operate the Capital Project are secured,
acquisition of right-of-way is completed,
and final engineering plans and
specifications necessary for the
construction of the project are
produced. Final Design activities occur
after a Capital Project has completed
Project Development, and before a
Capital Project can advance to
Construction. Final Design is described
in FRA’s Capital Projects Guidance.
e. ‘‘Grade Separation or Closure’’
means an underpass or overpass to
eliminate level crossings between
railroad and highway users at an
existing highway-rail or pathway-rail
grade crossing, or the closing of a
highway-rail grade crossing to vehicular
or pedestrian traffic.
f. ‘‘Highway-Rail Grade Crossing’’
means a location where a public
highway, road, street, or private
roadway, including associated
sidewalks and pathways, crosses one or
more railroad tracks at grade.
g. ‘‘Improvement Project’’ means a
project related to an existing highway or
pathway-rail crossing including:
installation, repair, or improvement of
crossings, grade separations, railroad
crossing signals, gates, bells, audible
warning devices and related
technologies; highway traffic
signalization, lighting, crossing
approach signage, and roadway
improvements such as medians or other
barriers; pathway improvements such as
bollards; railroad crossing panels and
surfaces; and other safety engineering
improvements, or highway-rail
programs to reduce risk.
h. ‘‘Intercity Rail Passenger
Transportation’’ means rail passenger
transportation, except Commuter Rail
Passenger Transportation, see 49 U.S.C.
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22901(3), and in this NOFO, it has the
same meaning as ‘‘Intercity Passenger
Rail Service’’ and ‘‘Intercity Passenger
Rail Transportation.’’
i. ‘‘Lifecycle Stage’’ means each of the
consecutive stages of a Capital Project as
it is developed and implemented that
include Systems Planning, Project
Planning, Project Development, Final
Design, Construction, and Operation.
Each sequential stage involves specific
activities. Lifecycle Stages are described
in FRA’s Capital Projects Guidance.
j. ‘‘Major Project’’ means a Capital
Project with a capital cost estimate
equal to or greater than $500 million
and with at least $100 million in federal
assistance under the Railroad Crossing
Elimination Program. Major Project is
described in FRA’s Capital Project
Guidance.
k. ‘‘National Environmental Policy
Act’’ or ‘‘NEPA’’ (42 U.S.C. 4321 et seq.)
is a federal law that requires federal
agencies to analyze and document the
environmental impacts of a proposed
action in consultation with appropriate
federal, tribal, state, and local
authorities, and with the public.
Environmental Review under NEPA
consists of an Environmental Impact
Statement (EIS), Environmental
Analysis (EA) or Categorical Exclusion
(CE). The NEPA class of action depends
on the potential environmental impacts
of the proposed action. For purposes of
this NOFO, NEPA also includes all
related federal laws and regulations
including the Clean Air Act, section 4(f)
of the Department of Transportation
Act, section 7 of the Endangered Species
Act, and section 106 of the National
Historic Preservation Act. Additional
information regarding FRA’s
environmental processes and
requirements is located at https://
railroads.dot.gov/rail-networkdevelopment/environment/environment.
NEPA consultation and documentation
are considered part of the Project
Development Lifecycle Stage, as
described in FRA’s Capital Projects
Guidance.
l. ‘‘Pathway-Rail Grade Crossing’’
means a pathway that crosses one or
more railroad tracks at grade and that is:
(1) explicitly authorized by a public
authority or a railroad; (2) dedicated for
the use of non-vehicular traffic,
including pedestrians, bicyclists, and
others; and (3) not associated with a
public highway, road, or street, or a
private roadway.
m. ‘‘Preliminary Engineering’’ or ‘‘PE’’
means engineering design to define a
Capital Project, including identification
of all environmental impacts and design
of all critical project elements at a level
sufficient to ensure reliable cost
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estimates and schedules. The PE
development process starts with specific
project design alternatives that allow for
the assessment of a range of rail
improvements, specific alignments, and
project designs. PE is considered part of
the Project Development Lifecycle
Stage, as described in FRA’s Capital
Projects Guidance.
n. ‘‘Project Development’’ means the
Lifecycle Stage of a Capital Project
during which the project sponsor
conducts design, environmental, and
other studies to ensure the project is
ready for implementation. Project
Development activities occur after a
project has completed Project Planning,
and before a Capital Project can advance
to Final Design. Project Development is
described in FRA’s Capital Projects
Guidance.
o. ‘‘Project Management Plan’’ means,
under this NOFO, a document that
describes how the Capital Project will
be implemented, monitored, and
controlled to help the project sponsor
effectively, efficiently, and safely
deliver the project on-time, within
budget, and at the highest appropriate
quality. Project Management Plan is
described in FRA’s Capital Projects
Guidance.
p. ‘‘Project Planning’’ is the first
Lifecycle Stage of a Capital Project
during which the project sponsor
identifies Capital Project concepts to
adequately address transportation needs
and opportunities; identifies and
compares costs, benefits, and impacts of
project options; identifies the impacted
environmental resources; and engages
with interested parties, agencies, and
infrastructure owners. Project Planning
activities are completed before a Capital
Project advances to Project
Development. Project Planning is
described in FRA’s Capital Projects
Guidance.
q. ‘‘Rural Area’’ means any area that
is not within an area designated as an
urbanized area by the most recent
Bureau of the Census.
r. ‘‘Track Relocation’’ means moving a
rail line vertically or laterally to a new
location in order to eliminate an
existing Highway-Rail Grade Crossing.
‘‘Vertical Relocation’’ refers to raising
above the current ground level or
sinking below the current ground level
of a rail line. ‘‘Lateral Relocation’’ refers
to moving a rail line horizontally to a
new location.
s. ‘‘Tribal Lands’’ means any lands
reserved for a federally recognized
Native American tribe or tribes under
treaty or other agreement with the
United States, executive order, or
federal statute or administrative action
as permanent tribal homelands, and
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where the federal government holds title
to the land in trust on behalf of the tribe.
B. Federal Award Information
1. Available Award Amount & Special
Funding Set-Asides
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The total funding available for awards
under this NOFO is up to
$1,148,809,580, made available by the
FY 2023 and 2024 advance
appropriations provided in Title VIII of
Division J of IIJA and by remaining
unawarded FY 2022 RCE Program
balances.3 Should additional RCE
Program funds become available after
the release of this NOFO, FRA may elect
to award such additional funds to
applications received under this NOFO.
Any selection and award under this
NOFO are subject to the availability of
appropriated funds.
Further, of the available award
amount listed above, certain funding
amounts are set-aside for the following
purposes under this NOFO:
a. Planning Projects—At least three
percent of the total FY 2023–2024 RCE
Program grant funds available, or
$36,000,000, as well as $2,281,580 in FY
2022 RCE funds, will combine to make
$38,281,580 available for planning
projects described in 49 U.S.C.
22909(d)(6). Of these funds, $10,840,000
(which includes $1,840,000 in FY 2022
carryover funds) will be made available
for planning projects located in Rural
Areas or on Tribal Lands. Further, FRA
specifically expects to support planning
projects that seek to advance efforts to
grade separate at least one or more atgrade crossings. Planning projects are
also subject to special considerations for
award size and preference, as detailed
in the following section 2(a).
b. Rural or Tribal set-aside—At least
20 percent of the total FY 2023–2024
RCE Program grant funds available, or
$229,305,600, will be made available for
projects located in Rural Areas or on
Tribal Lands, as required by 49 U.S.C.
22909(f)(3)(A).4 At least five percent of
these set-aside funds, or $11,465,280,
will be made available for projects in
counties with 20 or fewer residents per
square mile, according to the most
recent decennial census, provided that
sufficient eligible applications have
been submitted.
3 $1,146,528,000 in combined FY 2023–2024
supplemental appropriations ($573,264,000 each
year) are provided by Title VIII of Division J of IIJA,
as well as $2,281,580 in carryover FY 2022
supplemental appropriations from Title VIII of
Division J of IIJA. This creates a total of
$1,148,809,580 available.
4 FRA awarded all of the FY 2022 Rural or Tribal
set-aside to eligible applicants. No additional setaside funds are carried forward to FY 2023–2024.
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c. In addition, FRA will make at least
$3,000,000 available for grants that carry
out Highway-Rail Grade Crossing safety
information and education programs.
FRA expects that activities to promote
further awareness of grade crossing
safety will be based on existing best
practices and such efforts will be
implemented in a comprehensive
manner through coordination with
relevant stakeholders.
2. Award Size
FRA anticipates making multiple
awards with the available funding. FRA
may not be able to award grants to all
eligible applications even if they meet
or exceed the stated evaluation criteria
(see section E, Application Review
Information). FRA strongly encourages
applicants to seek funding for the
appropriate Lifecycle Stage of a Capital
Project, consistent with the application
tracks in section C(3)(c) below. Where
an application includes multiple
Lifecycle Stages of a Capital Project,
FRA may decide to only award funds for
what it determines is the appropriate
Lifecycle Stage.
In addition, projects may require more
funding than is available. FRA
encourages applicants to propose a
project that has operational
independence, or a component of such
project, which can be completed and
implemented with funding under this
NOFO as a part of the total project cost
together with other, non-federal sources.
(See section C(3)(c) for more
information). There are no
predetermined maximum dollar
thresholds for individual awards, but no
more than 20 percent of the grant funds
available ($229,761,916 total from both
FY 2023–2024 funding and FY 2022
carryover funds) will be awarded for
projects in any single State.
Applicants are not limited in the
number of projects for which they seek
funding. Applicants submitting more
than one application are requested to
submit a priority ranking of their
submitted applications that is consistent
with each application package
submitted.
a. Award Minimums and Planning
Exception
FRA will not award grants for less
than $1,000,000, except for a Planning
project, as described in 49 U.S.C.
22909(d)(6). Projects requesting less
than $1,000,000 must consist solely of
Planning activities (Planning is defined
in section A.3.n of this NOFO) to be
considered eligible. Applications that
request funding for a combination of
Planning and Project Development
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56791
activities must exceed $1,000,000 in
federal assistance under this NOFO.
3. Award Type
FRA will make awards for projects
selected under this notice through grant
agreements and/or cooperative
agreements. Grant agreements are used
when FRA does not expect to have
substantial federal involvement in
carrying out the funded activity.
Cooperative agreements allow for
substantial federal involvement in
carrying out the agreed upon
investment, including technical
assistance, review of interim work
products, and increased program
oversight. The term ‘‘grant’’ is used
throughout this document and is
intended to reference funding awarded
through a grant agreement or a
cooperative agreement.
The funding provided under this
NOFO will be made available to
grantees on a reimbursable basis.
Applicants must certify that their
expenditures are allowable, allocable,
reasonable, and necessary to the
approved project before seeking
reimbursement from FRA. Additionally,
the grantee is expected to expend
matching funds at the required
percentage concurrent with federal
funds throughout the life of the project.
The new FRA grant agreement
consists of three parts: Attachment 1:
Standard Terms and Conditions,
Attachment 2: Project-Specific Terms
and Conditions, and Terms and
Conditions Exhibits. The grant
agreement templates are available at:
https://railroads.dot.gov/grants-loans/
fra-discretionary-grant-agreements.
These templates are subject to revision.
4. Concurrent Applications
DOT and FRA may concurrently
solicit applications for transportation
infrastructure projects for several
financial assistance programs.
Applicants may submit applications
requesting funding for a particular
project to one or more of these
programs. In the application for funding
under this NOFO, applicants must
indicate the other program(s) to which
they submitted an application for
funding the entire project or certain
components, as well as highlight new or
revised information in the application
responsive to this NOFO that differs
from the previously submitted
application(s).
C. Eligibility Information
This section of the notice explains
applicant eligibility, cost sharing and
matching requirements, project
eligibility, and project component
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operational independence. Applications
that do not meet the requirements in
this section are ineligible for funding.
Instructions for submitting eligibility
information to FRA are detailed in
section D of this NOFO.
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1. Eligible Applicants
The following entities are eligible
applicants for all projects permitted
under this notice:
a. A State (including the District of
Columbia, Puerto Rico, and other
United States territories and
possessions).
b. A political subdivision of a State.
c. A federally recognized Indian
Tribe.
d. A unit of local government or a
group of local governments.
e. A public port authority.
f. A metropolitan planning
organization.
g. A group of entities described in any
of paragraphs (a) through (f).
The applicant serves as the primary
point of contact for the application, and
if selected, as the recipient of the RCE
Program grant award. An application
may identify entities that are not eligible
applicants as project partners.
2. Cost Sharing and Matching
The federal share of total costs for
RCE Program projects funded under this
NOFO may not exceed 80 percent. The
estimated total cost of a project must be
based on the best available information,
including engineering studies, studies of
economic feasibility, environmental
analyses, and information on the
expected use of equipment and/or
facilities. Additionally, in preparing
estimates of total project costs,
applicants are encouraged to use FRA’s
cost estimate guidance documentation,
‘‘Capital Cost Estimating: Guidance for
Project Sponsors,’’ which is available at:
https://www.fra.dot.gov/Page/P0926.
Project sponsors should account for the
impact of factors such as inflation as the
applicant prepares their scope,
schedule, and budget.
The minimum 20 percent non-federal
share may be comprised of public sector
(e.g., State or local) or private sector
funding. FRA will not consider any
federal financial assistance, or any nonfederal funds already expended (or
otherwise encumbered) toward the
matching requirement, unless such
sources are compliant with 2 CFR part
200. In-kind contributions, including
the donation of services, materials, and
equipment, may be credited as a project
cost in a uniform manner consistent
with 2 CFR 200.306. In addition,
applicants may count costs incurred for
Preliminary Engineering associated with
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Highway-Rail Grade Crossing and
Pathway-Rail Grade Crossing
Improvement Projects as part of the total
project costs. Such costs are eligible as
non-federal share or for reimbursement,
even if they were incurred before project
selection for award, consistent with 49
U.S.C. 22909(g). Such costs must have
been incurred no earlier than November
15, 2021, and must be otherwise
compliant with 2 CFR part 200 and the
requirements of this RCE Program.
Funding under this NOFO may not be
used for costs that are included in or
used to meet cost sharing or matching
requirements of any other federally
financed award or program. If the
applicant is seeking additional funding
for a project that has already received
federal financial assistance, costs
associated with the scope of work for
the existing federal award are not
eligible for funding under this NOFO.
Only new scope elements/activities
(e.g., new deliverables) are eligible for
funding under this NOFO.
Before applying, applicants should
carefully review the principles for cost
sharing or matching in 2 CFR 200.306.
See section D(2)(a)(iii) of this NOFO for
required application information on
non-federal match and section E for
further discussion of FRA’s
consideration of matching funds in the
review and selection process. FRA will
approve pre-award costs incurred after
announcement of awards consistent
with 2 CFR 200.458, as applicable. See
section D(6). Cost sharing or matching
may be used only for eligible expenses
for authorized Federal award purposes.
All contracts for projects financed
with federal funds will be subject to
applicable federal requirements.
Applicants that have entered into
contracts for a proposed project prior to
award must ensure that applicable
federal requirements are included in the
contract in the event the project is
selected and federal funds are obligated.
3. Eligible Projects
a. The Following Are Eligible Under
This NOFO
The following Highway-Rail or
Pathway-Rail Grade Crossing
Improvement Projects (including
acquiring real property interests) that
focus on improving the safety and
mobility of people and goods are
eligible for funding under 49 U.S.C.
22909(d) and this NOFO:
i. Grade separation or closure,
including through the use of a bridge,
embankment, tunnel, or combination
thereof;
ii. Track Relocation;
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iii. The improvement or installation of
protective devices, signals, signs, or
other measures the improve safety,
provided that such activities are related
to a separation or relocation project
described in paragraph (i) or (ii);
iv. Other means to improve the safety
and mobility of people and goods at
highway-rail grade crossings (including
technological solutions); 5
v. A group of related projects
described in paragraphs (i) through (iv)
that would collectively improve the
mobility of people and goods; or
vi. The planning, environmental
review, and design of an eligible project
described in paragraphs (i) through (v).
Consistent with 49 U.S.C. 22909(j)(1),
grants under the RCE Program are not
subject to the limitation in 49 U.S.C.
22905(f) and may therefore be awarded
for commuter rail passenger
transportation projects. Consistent with
49 U.S.C. 22909(j)(2), FRA will transfer
such projects to the Federal Transit
Administration to administer.
b. Project Component
If an applicant requests funding for a
component or set of components of a
larger Capital Project, the project
component(s) included in the
application must be attainable with the
award amount and comply with all
eligibility requirements described in
section C. In addition, the component(s)
must enable independent analysis and
decision making, as determined by FRA,
under NEPA (i.e., have independent
utility, connect logical termini, and not
restrict the consideration of alternatives
for other reasonably foreseeable rail
projects).
c. Application Tracks
Applicants are not limited in the
number of projects for which they seek
funding. FRA generally evaluates
applications in Tracks based on the
Lifecycle Stages of a Capital Project.
While applications covering multiple
Lifecycle Stages are not precluded, FRA
generally expects that applications
identify only one of the following tracks
for an eligible proposed project:
• Track 1—Project Planning;
• Track 2—Project Development;
• Track 3—Final Design (FD)/
Construction.
FRA strongly encourages applicants to
seek funding for the appropriate
Lifecycle Stage of a Capital Project,
consistent with these application tracks.
5 Highway-Rail Grade Crossing Safety Information
and Education Programs are eligible under this
category. FRA generally interprets this project
eligibility category to relate to projects that directly
improve safety and mobility at existing at-grade
crossing locations.
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To the extent possible, applicants
should describe their projects consistent
with FRA’s Capital Projects Guidance,
which provides a detailed description of
each Lifecycle Stage and its required
activities: https://railroads.dot.gov/
elibrary/fra-guidance-development-andimplementation-railroad-capital-project.
If an application seeks funding under
more than one application Track for
multiple Lifecycle Stages, FRA may
award funds for the application Track
and corresponding Lifecycle Stage(s) it
determines most appropriate based on
project readiness information.
Applicants are directed to identify the
project components and estimated
amount of federal funding requested for
each Lifecycle Stage. If an application
selected for award includes multiple
Lifecycle Stages, FRA will require the
grantee to complete the Lifecycle Stages
in the order consistent with FRA’s
Capital Projects Guidance.
i. Track 1—Project Planning: Track 1
consists of Project Planning specific to
an eligible Capital Project. Example
activities for Project Planning include:
the development of a purpose and need
statement; completion of conceptual
engineering and other design;
documentation showing that project
alternatives were considered;
completion of an environmental
resource inventory and potential
environmental concerns analysis; scale
design drawings; public and stakeholder
involvement; completion of an order-ofmagnitude project cost estimate; and for
Major Projects, completion of an initial
Project Management Plan. Project
Planning projects funded under this
NOFO must be sufficiently developed
when complete to support Project
Development activities.
FRA strongly encourages Track 1
Planning projects given the RCE
Program’s dedicated set-aside funding
for planning activities. Please note that,
pursuant to 49 U.S.C. 22909(d)(6), the
minimum award requirement of
$1,000,000 does not apply to
applications for awards that fund only
activities consistent with the Project
Planning Lifecycle Stage. Consistent
with Section A.2 of this NOFO, FRA
intends to prioritize Planning projects
that seek to grade separate one or more
grade crossings.
ii. Track 2—Project Development:
Track 2 consists of projects for eligible
Project Development activities. Example
activities include: completion of PE and
architectural or other design; PE
drawings and specifications (scale
drawings at the 30 percent design level,
including track geometry as
appropriate); design criteria, schematics
and/or track charts that support the
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development of PE; work that can be
funded in conjunction with developing
PE, such as operations modeling,
surveying, project work/management
plans, preliminary cost estimates, and
preliminary project schedules;
completion of environmental review;
and completion of applicable project
management documentation (such as a
Project Management Plan, schedule,
capital cost estimate, and financial
plan). Project Development projects
funded under this NOFO must first
demonstrate completion of Project
Planning elements prior to Project
Development funds being awarded and
be sufficiently developed when
complete to support FD or Construction
activities.
iii. Track 3—Final Design (FD)/
Construction: Track 3 consists of
projects for eligible FD and Construction
activities. Applicants must complete all
necessary Planning and Project
Development stages, including PE and
NEPA requirements, prior to moving to
the FD/Construction stage of a project.
FD activities may include completion of
the FD documentation, acquisition of
right-of-way,6 resolving remaining
uncertainties or risks associated with
changes to the design and scope of the
Capital Project; addressing procurement
processes; and updating/completing the
applicable project management
documentation (such as a Project
Management Plan, schedule, capital cost
estimate, and financial plan).7
Construction activities may include
physical construction and installation of
the Capital Project, including
procurement and manufacturing of
vehicles and equipment, project
administration, testing of equipment
(e.g., signal equipment and rolling
stock), systems integration testing,
workforce training, system certification,
procurement of insurance, provision of
warrantees, pre-revenue service, and
start-up testing. Prior to obligation,
applicants selected for funding for FD/
Construction must demonstrate
completion of applicable Systems
Planning and Project Planning and
6 FRA will only award funds for right-of-way
(ROW)/property acquisition activities if the
proposed project also includes construction
activities consistent with the Construction Lifecycle
Stage. FRA will not fund ROW acquisition activities
independently or if proposed project only includes
pre-construction activities or Lifecycle Stages (i.e.,
Project Planning, Project Development, or Final
Design).
7 Applicants selected for funding are encouraged
to submit the following before obligation: an
updated Project Management Plan (including a
schedule, capital cost estimate, and financial plan),
as grantees will be expected to develop a Project
Management Plan under the grant agreement. See
FRA’s Capital Projects Guidance, Section V—
Project Management for additional information.
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Project Development activities,
consistent with FRA’s Capital Projects
Guidance.
d. Rural or Tribal Lands Project
FRA will consider a project to be in
a Rural Area or on Tribal Lands if all or
the majority of the project (determined
by geographic location(s) where the
majority of the project funds will be
spent) is located in a Rural Area or on
Tribal Lands. However, in the event
FRA elects to fund a component of the
project, then FRA will reevaluate
whether the project is in a Rural Area
or on Tribal Lands.
D. Application and Submission
Information
Required documents for the
application are outlined in the following
paragraphs. Applicants must complete
and submit all components of the
application for the application to be
reviewed by FRA. An applicant that
fails to submit all required
documentation prior to the closing
period of the notice may have its
application deemed incomplete and will
not advance to evaluation review. See
section D(2) for the required documents
and information for an application
package. FRA welcomes the submission
of additional relevant supporting
documentation, such as planning,
engineering, and design documentation,
and letters of support from partnering
organizations, which will not count
against the Project Narrative 25-page
limit.
1. Address To Request Application
Package
Applicants may access application
materials at https://www.Grants.gov and
must submit all application materials in
their entirety through https://
www.Grants.gov no later than 11:59 p.m.
EST, on September 23, 2024. Applicants
must complete an Authorized
Organization Representative (AOR)
profile on www.Grants.gov and create a
username and password. Additional
information about the registration
process is available at: https://
www.grants.gov/applicants/applicantregistration.
Applicants are strongly encouraged to
apply early to ensure that all materials
are received before the application
deadline. FRA reserves the right to
modify this deadline. General
information for submitting applications
through Grants.gov can be found at:
https://www.fra.dot.gov/Page/P0270.
FRA is committed to ensuring that
information is available in appropriate
alternative formats to meet the
requirements of persons who have a
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disability. If you require an alternative
version of files provided or paper copies
of materials, please contact Ms. Laura
Mahoney, Office of the Chief Financial
Officer, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590;
email: laura.mahoney@dot.gov; or
telephone: 202–578–9337.
The E-Biz point of contact (E-Biz
POC) at the applicant’s organization
must respond to the registration email
from Grants.gov and login at
www.Grants.gov to authorize the
applicant as the AOR. Please note there
can be more than one AOR for an
organization.
If an applicant has difficulty at any
point during this process, please call the
Grants.gov Customer Center Hotline at
1–800–518–4726, 24 hours a day, 7 days
a week (closed on federal holidays). For
information and instructions on each of
these processes, please see instructions
at: https://www.grants.gov/support.
2. Content and Form of Application
Submission
FRA strongly advises applicants to
read this section carefully. Applicants
must submit all required information
and components of the application
package to be considered for funding.
Applications that are not submitted on
time or do not contain all required
documentation will not be considered
for funding. To support the application,
applicants may provide additional
relevant and available optional
supporting documentation that may
have been developed by the applicant,
especially such documentation that
provides evidence of completion of the
appropriate Lifecycle Stage(s) of a
Capital Project. Additionally, applicants
selected to receive funding must satisfy
the requirements in 49 U.S.C. 22903 and
22905, including FRA’s Buy America
requirement and conditions explained
in part at https://www.fra.dot.gov/page/
P0185 and further in section F.2 of this
notice.
Required documents and information
for an application package include the
following:
NOFO section for
guidance
Application information
Project Narrative ................................................................................................................................................
Statement of Work (SOW), project budget, estimated project schedule, and performance measures ............
Environmental Compliance Documentation .......................................................................................................
Draft Agreement required under 49 U.S.C 22905(c)(1), if applicable ...............................................................
SF 424—Application for Federal Assistance 8 ...................................................................................................
SF 424A—Budget Information for Non-Construction or SF 424C—Budget Information for Construction .......
SF 424B—Assurances for Non-Construction or SF 424D—Assurances for Construction ...............................
FRA’s F 30—Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying.
FRA F 251—Applicant Financial Capability Questionnaire ...............................................................................
SF LLL—Disclosure of Lobbying Activities, if applicable ..................................................................................
a. Project Narrative
This section describes the minimum
content the applicant is required to
provide in the Project Narrative section
of the grant application. The Project
Narrative must follow the basic outline
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requested in the Project Narrative and Statement of
Work documents, including the breakdown of
Federal and non-Federal sources. For applications
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D.2.a.
D.2.b.i.
D.2.b.ii.
D.2.b.iii.
D.2.b.iv.
D.2.b.v.
D.2.b.vi.
D.2.b.vii.
See D.2.b.viii.
See D.2.b.ix.
below to address the program
requirements and assist evaluators in
locating relevant information.
I. Cover Page .....................................................................................................................................................
II. Project Summary ...........................................................................................................................................
III. Grant Funds, Sources and Uses of Project Funds ......................................................................................
IV. Applicant Eligibility Criteria ...........................................................................................................................
V. Project Eligibility Criteria ................................................................................................................................
VI. Detailed Project Description .........................................................................................................................
VII. Highway-Rail Grade Crossing Safety Information and Education Programs .............................................
VIII. Project Location ..........................................................................................................................................
IX. Grade Crossing Information .........................................................................................................................
X. Safety Benefit ................................................................................................................................................
XI. Evaluation and Selection Criteria .................................................................................................................
XII. Project Implementation and Management ..................................................................................................
8 The amount requested from the RCE program on
the SF–424 is the official record of request, and
therefore must be consistent with the amount
See
See
See
See
See
See
See
See
See
See
See
See
See
See
See
See
See
See
See
See
D.2.a.i.
D.2.a.ii.
D.2.a.iii.
D.2.a.iv.
D.2.a.v.
D.2.a.vi.
D.2.a.vii.
D.2.a.viii.
D.2.a.ix.
D.2.a.x.
D.2.a.xi.
D.2.a.xii.
with discrepancies, FRA will defer to the funding
amount in the SF–424.
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applicants should submit supporting
documents via website links rather than
hard copies. If supporting documents
are submitted, applicants must clearly
identify the relevant portion of the
supporting document with the page
numbers of the cited information in the
The applicant must provide the
content listed above in a narrative
statement. The Project Narrative may
not exceed 25 pages in length
(excluding cover pages, table of
contents, and supporting
documentation). When possible,
56795
Project Narrative. The Project Narrative
must adhere to the following outline.
i. Cover Page: include a cover page
that lists the following elements in
either a table or formatted list:
Project Title.
Applicant Name.
FUNDING
Amount of RCE Program Funding Requested under this NOFO ...................................................
Amount of Proposed Non-Federal Match .......................................................................................
Does some or all of the proposed Non-Federal Match for the total project cost consist of Preliminary Engineering costs incurred before project selection (but after November 15, 2021)?
Other Sources of Federal funding, if applicable .............................................................................
Source(s) of Proposed Non-Federal Match.
If applicable, are set-aside funds requested? Is the project eligible for a funding set-aside in
Section B.1?
If ‘‘Yes,’’ amount of set-aside funds requested: ..............................................................................
Total Project Cost ............................................................................................................................
$:
$:
If yes, how much?
Provide funding source and amount $:
Yes/No. If yes, please specify which one [Planning Projects, Safety Information and Education Program, Rural or Tribal Set-Aside].
$:
$:
PREVIOUS FEDERAL GRANTS
Was a Federal Grant Application Previously Submitted for this Project? ......................................
Yes/No. If yes, please specify the program,
funding year and project title of the previous
application, and identify any differences between the applications.
LOCATION
City(ies), County(ies), State(s) Where the Project is Located.
Is the Project Located in a Rural Area or on Tribal Lands? ...........................................................
If the Project is located in a Rural Area or Tribal Land, is the Project Located in a county with
20 or fewer residents per square mile, according to the most recent decennial census?
Congressional District(s) Where the Project is Located.
Yes/No.
Yes/No.
APPLICATION TRACKS/PROJECT LIFECYCLE STAGES
Application Track(s) proposed to be funded by this NOFO?
Lifecyle Stage(s) proposed to be funded by this NOFO?
Current Lifecycle Stage and Anticipated completion of current Lifecycle Stage?
RAIL LINE INFORMATION
Is the Project located on real property owned by someone other than the applicant? ..................
Host Railroad/Infrastructure Owner(s) of Project Assets;
Other impacted Railroad(s).
Tenant Railroad(s), if applicable.
If applicable, is a 49 U.S.C. 22905-compliant Railroad Agreement executed or pending? ...........
Yes/No. If yes, list real property owners and
the nature of the property interest.
Yes/No/Pending.
PLANNING CONSIDERATIONS
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Is the project currently programmed in ANY medium- or long-range planning document: For example, State rail plan, or interregional intercity passenger rail systems planning study, State
Freight Plan, TIP, STIP, MPO Long Range Transportation Plan, State Long Range Transportation Plan, etc.?
Is the project located on a potential corridor selected for the Corridor Identification and Development Program? 9
ii. Project Summary: Provide a brief
4–6 sentence summary of the proposed
project. Include challenges the proposed
project aims to address and summarize
9 For more information about selected Corridors
under the Corridor Identification Program, please
visit: https://railroads.dot.gov/elibrary/fy22-CIDprogram-selections.
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the intended outcomes and anticipated
benefits that will result from the
proposed project.
iii. Grant Funds, Sources and Uses of
Project Funds: Project budgets should
show how different funding sources will
fund project activities and present the
data in dollars and percentages. The
budget should identify other federal
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Yes/No. If yes, please specify.
Yes/No. If yes, please specify the corridor(s).
funds the applicant is applying for or
has been awarded, if any, or intends to
use. Funding sources should be grouped
into three categories: RCE request, nonfederal, and other federal with specific
amounts for each funding source. If
other federal funding is proposed as
match, demonstrate the applicant’s
determination of eligibility for such use,
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and the legal basis for that
determination. If federal funding for the
project is currently or has previously
been sought, identify the federal
program and fiscal year of the funding
request(s), as well as highlight new or
revised information in the application
responsive to this NOFO that differs
from the application(s) to other financial
assistance programs.
As shown in the table format below,
the applicant should indicate the
amount in dollars and percentages of
RCE Program funding requested, the
amount of non-federal match, source(s)
for all non-federal match,10 other federal
funds (if applicable), and the total
project cost. FRA may not award more
funding for a project than is requested
in an application.
The applicant should itemize funding
by project Lifecycle Stage(s) and by
project activity. For a Major Project,
applicants are encouraged to provide an
annualized budget in year of
expenditure dollars. Project budget
information must be consistent
throughout all application materials,
specifically the Standard Form (SF) 424,
Project Narrative, Statement of Work,
and funding commitment letters.11 The
project budget should be specific to the
project scope described in the
applicant’s request for funding under
this NOFO. If the project proposed to be
funded under this NOFO is part of a
larger scope, the applicant may
reference the larger scope in the Project
Narrative but should only include the
project scope proposed to be funded
Task name
project
component
Task No.
under this NOFO within the budget
table.
If applicable, the applicant should
explain if the RCE Program request or
other funds must be obligated or spent
by a certain date.
If applicable, the applicant should
provide the type and estimated value of
any proposed in-kind contributions, as
well as explain how the contributions
meet the requirements in 2 CFR
200.306. If the applicant is requesting
set-aside funds per section B(1), identify
the dedicated activities and amount
requested within the budget table.
Example Project Funding Table:
Applicants may use the following table
to describe project funding, and may use
additional rows and columns, or
additional project funding tables, as
appropriate.
Percentage
of total cost
Cost
Source of
funds and
citation, as
applicable
1.
2.
Total Project Cost.
Federal Funding Requested in this Application (RCE Program Request).
Total Non-Federal Match.
Non-Federal Funding (State) ..............................................................................
Non-Federal Funding (Private Sector) ................................................................
Non-Federal Federal Funding (Local) ................................................................
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Other Committed Federal Funding 12 (e.g., Federal Highway Administration,
congressionally directed/earmark, other FRA grant program funds—including previous RCE grants, etc.).
Note: If there are multiple sources of other federal funding, please break
funding down by each source.
Other Pending Federal Funding Requests 13.
Amount (if any) of funding request eligible for set-aside funds as described in
section B(1) (Planning, Rural/Tribal set-aside, or Highway-Rail Grade
Crossing safety information and education programs).
Portion of Total Project Costs Spent in a Rural Area, if applicable.
Does some or all the proposed Non-Federal Match for the total project cost
consist of Preliminary Engineering costs incurred before project selection
(but after November 15, 2021)? 14.
Cash:
In-Kind:
Cash:
In-Kind:
Cash:
In-Kind:
If yes, how much?
iv. Applicant Eligibility Criteria: In
this section, the applicant must explain
how it meets the applicant eligibility
criteria outlined in section C of this
NOFO and include citations to
appropriate authorities that demonstrate
the applicant’s eligibility to receive
federal funds. For example, if the
applicant is a political subdivision of a
State, public agency or publicly
chartered authority established by one
or more States, the applicant should
provide relevant legislative language,
including citations to the applicable
enabling legislation, that demonstrate
the applicant’s legal status. Applicants
that fail to adequately demonstrate their
10 Applicants should submit evidence of the
availability of non-Federal funds, which may
include a board resolution, letter of support from
the State, a budget document highlighting the line
item or section committing funds to the proposed
project. The applicant may provide this
documentation in an appendix. Documentation of
previous and recent local investments in the project
may evidence of local financial commitment
project, but cannot be used to satisfy non-Federal
matching requirements. Any funding commitment
letters must be signed by an authorized
representative of the entity providing a non-Federal
match.
11 If there is a discrepancy between materials,
FRA will defer to the funding amounts shown in
the applicant’s SF 424 as the amount requested for
funding.
12 For other Federal funding sources proposed as
match, the applicant should explain why the
Federal funds are eligible as match and the legal
basis for that determination.
13 For other Federal funds that will be used for
the project, the applicant should identify the
Federal program and fiscal year of the funding
request(s), as well as highlight new or revised
information in the application responsive to this
NOFO that differs from the application(s) to other
financial assistance programs.
14 If seeking to use Preliminary Engineering costs
as match for a Highway-Rail and Pathway-Rail
Grade Crossing Improvement Project or trespassing
prevention projects, please identify the costs
incurred before project selection (but after
November 15, 2021).
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legal status may be found ineligible and
their application will not be reviewed.
v. Project Eligibility Criteria: Explain
how the proposed project meets the
project eligibility criteria in section C(3)
of this NOFO.
vi. Detailed Project Description: In
this section, the applicant must provide
a detailed project description that
expands upon the brief project
summary. This detailed description
should provide, at a minimum:
additional background on the challenges
the project aims to address; a summary
of current and proposed railroad
operations in the project area and
service frequency, which should
include identification of all railroad
owners and operators; typical daily,
weekly, or annual train counts by
operator; the primary expected project
outcomes such as increased safety
outcomes or reduced delays, improved
rail network asset condition and
performance, or similar outcomes and
benefits; the expected users and
beneficiaries of the project, including all
railroad operators; the specific
components and elements of the project;
and any other information the applicant
deems necessary to justify the proposed
project. Applicants should specify
whether the project will result in the
elimination of one or more grade
crossings. Provide detailed descriptions
on the proposed improvement to each
grade crossing included in the
application. For all projects, applicants
must provide information about
proposed performance measures, as
described in section F(3) and required
in 2 CFR 200.301.
vii. Highway-Rail Grade Crossing
Safety Information and Education
Programs: For these projects, specify
how the program will enhance
education and informational outreach to
help prevent and reduce pedestrian,
motor vehicle and other accidents,
incidents, injuries, and facilities, and
how the program will help improve
awareness along railroad rights-of-way
and at Highway-Rail Grade Crossings.
FRA expects that activities to promote
further awareness of grade crossing
safety will be based on existing best
practices and such efforts will be
implemented in a comprehensive
manner through coordination with
relevant stakeholders.
viii. Project Location: Applicants must
include geospatial data for the project,
as well as a map of the project’s
location. Geospatial data must be
expressed in decimal degrees for
latitude and longitude with at least five
decimal places of precision. If the
project includes a length of track or
corridor development, the start and end
coordinates for each corridor or segment
must be provided. Milepost, railroad,
and subdivision identifiers can also be
provided but must be accompanied by
corresponding latitudes and longitudes.
For projects with multiple locations, the
corresponding geospatial data must be
included for each location, with
individual columns for latitude and
longitude, in table form as an
attachment to the application. On the
map, include the Congressional districts
in which the project will take place.
ix. Grade Crossing Information: Cite
specific US DOT National Grade
Crossing Inventory information for each
grade crossing to be addressed in the
proposed application, including the US
DOT grade crossing inventory number.
Include latitude and longitude
coordinates for each grade crossing
location, the railroad that owns the
56797
infrastructure (or the crossing owner, if
different from the railroad), the primary
railroad operator, and the roadway at
the crossing. To find US DOT grade
crossing inventory number(s) and
location(s), please visit: https://
railroads.dot.gov/safety-data/fra-safetydata-reporting/crossing-inventory-datasearch. For projects involving PathwayRail Grade Crossings that do not have
US DOT grade crossing inventory
numbers or data, please provide as
much locational data as possible.
List the following details for each
grade crossing involved in the
application scope of work, either in the
following table format within the Project
Narrative or, if more space is needed, in
a separate, unlocked Excel file
attachment (the table will not count
against the 25-page Project Narrative
page limit). Please include, to the best
of the applicant’s ability, specific US
DOT National Grade Crossing Inventory
information that may combine
information requested under both this
section and E.2.a.viii ‘‘Grade Crossing
Information,’’ including:
a. US DOT grade crossing inventory
number;
b. The proposed improvement
requested in the application, using
‘‘new, separated, closed, or improved’’
to describe proposed improvement
(such as gate additions, lights, etc.);
c. The primary railroad operator;
d. The railroad that owns the
infrastructure (or the crossing owner, if
different from the railroad); and
e. The roadway at the crossing with
location latitude and longitude
coordinates.
Example Table 1. In Project Narrative
or attached as an appendix in unlocked
Excel file format:
* EXAMPLE TABLE 1—GRADE CROSSING INFORMATION FOR PROPOSED PROJECT
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US DOT grade
crossing inventory #
Proposed
improvement
Rail operator(s)
x. Safety Benefit Data: Applicants are
strongly encouraged to submit safety
justifications for the project that rely on
standardized, objective safety metrics
and data, if available, including data
from sources such as: GradeDec.Net;
National Risk Index; 49 CFR part 234;
safety metrics found in Appendix D of
49 CFR part 222; the FRA crossing
incident dashboard (FRA Safety Data &
Reporting | FRA (dot.gov)); or other
relevant safety data or metrics. FRA will
analyze data for each grade crossing,
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Railroad owner
Latitude coordinates
(at least five decimal
places of precision)
Longitude coordinates
(at least five decimal
places of precision)
including information and data
detailing the history of each crossing’s
incident history for the past five
calendar years (2019–2023), to
demonstrate the existing level of risk for
each grade crossing proposed for
improvement, as well as other tools and
measures to better inform selection
evaluation.15
viii. Evaluation and Selection Criteria:
The applicant must include a thorough
discussion of how the proposed project
meets the evaluation and selection
criteria. As described in section E, FRA
will evaluate applications based on
project readiness, technical merit, and
project benefits, and will consider how
the applicant’s project aligns with the
15 Applicants can review the history of highwayrail crossing incidents relevant to their project on
FRA’s public safety website: https://
safetydata.fra.dot.gov/OfficeofSafety/publicsite/
crossing/crossing.aspx or https://
data.transportation.gov/dataset/Highway-RailGrade-Crossing-Accident-Data-Form-57-/aeehbp8c/explore.
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Administration Priorities. If an
application does not sufficiently address
the evaluation criteria and the selection
criteria, it is unlikely to be a competitive
application. Applicants are expected to
follow the directions and format
requested in this NOFO, and adherence
to these directions will be considered in
evaluations. Applicants are encouraged
to include quantifiable railroad data,
such as information on delay, failure or
safety incidents, daily train movement,
or similar metrics, and should include
qualitative data on accessibility
improvements to either new or existing
assets. To the extent feasible, such
railroad metrics should be provided and
analyzed discretely for intercity
passenger rail and, if applicable,
Commuter Rail Passenger
Transportation and freight rail
transportation services involved in the
proposed project. For more information
on performance metrics see FRA’s
Metrics and Minimum Standards for
Intercity Passenger Rail Service,
available at: https://railroads.dot.gov/
elibrary/metrics-and-standards-finalrule-november-16-2020.
xiii. Project Implementation and
Management: Applicants must describe
proposed project implementation and
project management arrangements.
Include descriptions of the expected
arrangements for project contracting
(construction, maintenance, and
operation), contract oversight and
control, change-order management, risk
management, and conformance to
federal requirements for project progress
reporting (see FRA Reports, available at:
https://www.fra.dot.gov/Page/P0274).
Further, applicants must provide their
plan for taking affirmative steps to
employ small businesses consistent
with 2 CFR 200.321. Describe
experience in managing and overseeing
similar projects; the technical
qualifications and demonstrated
experience of key personnel proposed to
lead and perform the technical efforts;
and the qualifications of the primary
and supporting organizations to fully
and successfully execute the proposed
project within the proposed timeframe
and budget, including a discussion of
the factors in 2 CFR 200.206(b) and the
proposed approach to assessing and
mitigating project risk.
b. Additional Application Elements
Applicants must submit the following
documents and forms. Note, the
Standard OMB Forms needed for the
electronic application process are
available at: www.Grants.gov.
i. A Statement of Work (SOW),
addressing the scope, project budget,
estimated project schedule, and
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performance measures, for the proposed
project if it were selected for award. The
applicant should include sufficient
detail in those documents so that FRA
can understand the expected outcomes
of the proposed work to be performed
and can monitor progress toward
completing project tasks and
deliverables during a prospective grant’s
period of performance. Applicants are
expected to include Articles 4–7 of
Attachment 2: Project Specific Terms
and Conditions, at a minimum.16
Applications that do not follow this
format may be considered incomplete
and may not be reviewed. In addition,
FRA encourages applicants submitting
planning projects to look at the
planning-specific Statement of Work
template available here: https://
railroads.dot.gov/elibrary/RCE-GrantProject-Planning-SOW-sample.
When preparing the budget, the total
cost of a project must be based on the
best available information as indicated
in cited references that include
engineering studies, economic
feasibility studies, environmental
analyses, and information on the
expected use of equipment or facilities.
Applicants must include annual budget
estimates in year of expenditure dollars
for the duration of the project.
ii. Environmental compliance
documentation, as applicable, if a
website link to such documentation is
not provided in the Project Narrative.
Applicants should explain what
Federal (and, if appropriate, State,
Tribal, and local) environmental
compliance and permitting
requirements have been completed.
Such requirements include NEPA and
other Federal, State, Tribal, and local
environmental permitting requirements,
if applicable. For all other Federal,
State, Tribal, and local permitting
requirements, the applicant should
describe which permits apply, the status
of those reviews, and the expected
timeline for completion. If the NEPA
process is complete, an applicant
should indicate the date of completion,
and provide a website link or other
reference to the documents
demonstrating compliance with NEPA,
which might include a final Categorical
Exclusion determination
documentation, Finding of No
Significant Impact, or Record of
Decision. If the NEPA process is not yet
underway, the application should state
this. If the NEPA process is underway,
but not complete, the application
should detail the type of NEPA review
underway, where the project is in the
16 https://railroads.dot.gov/grants-loans/fradiscretionary-grant-agreements.
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process, and indicate the anticipated
date of completion of all NEPA and
other environmental requirements.
Additional information regarding FRA’s
environmental processes and
requirements is located at https://
fra.dot.gov/environment.
iii. Draft or finalized agreement
required under 49 U.S.C. 22905(c)(1), if
applicable. Provide information about
the status of agreements with
infrastructure owners. FRA encourages
early cooperation between applicants
and any relevant infrastructure owners.
Under section 22905(c)(1), a grant
applicant must have entered into a
written agreement with a railroad that
owns rights-of-way to be used by the
project (referred to as the 22905
Agreement) prior to grant obligation. If
the agreement is complete at the time of
the application, an applicant should
indicate the agreement’s effective date,
and provide a website link or attach the
agreement as part of the application.
Applicants are also encouraged to
provide draft agreements. The written
agreement between the grantee and the
railroad should describe use and
ownership, including any compensation
for such use; 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
grantee complies with liability
requirements consistent with 49 U.S.C.
28103. For additional guidance see the
FRA Answers to Frequently Asked
Questions about Rail Improvement
Grant Conditions under 49 U.S.C.
22905(c)(1): https://railroads.dot.gov/
elibrary/frequently-asked-questionsabout-rail-improvement-grantconditions-under-49-usc-ss-22905c1.
iv. SF 424—Application for Federal
Assistance.
v. SF 424A—Budget Information for
Non-Construction or SF 424C—Budget
Information for Construction.
vi. SF 424B—Assurances for NonConstruction or SF 424D—Assurances
for Construction.
vii. FRA F30—Certification Regarding
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying,
located at https://railroads.dot.gov/
elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters.
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viii. FRA F 251—Applicant Financial
Capability Questionnaire, located at
https://railroads.dot.gov/elibrary/fra-f251.
ix. SF LLL—Disclosure of Lobbying
Activities.
Forms needed for the electronic
application process are at
www.Grants.gov.
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c. Post-Selection Requirements
See section F(2) of this notice for postselection requirements.
3. Unique Entity Identifier and System
for Award Management (SAM)
To apply for funding through
Grants.gov, applicants must be properly
registered in SAM before submitting an
application, provide a valid unique
entity identifier in its application, and
continue to maintain an active SAM
registration all as described in detail
below. Complete instructions on how to
register and submit an application can
be found at www.Grants.gov. Registering
with Grants.gov is a one-time process;
however, it can take up to several weeks
for first-time registrants to receive
confirmation and a user password. FRA
recommends that applicants start the
registration process as early as possible
to prevent delays that may preclude
submitting an application package by
the application deadline. Applications
will not be accepted after the due date.
Delayed registration is not an acceptable
justification for an application
extension.
FRA may not make a grant award to
an applicant until the applicant has
complied with all applicable SAM
requirements, and if an applicant has
not fully complied with the
requirements by the time the federal
awarding agency is ready to make a
federal award, the federal awarding
agency may determine that the
applicant is not qualified to receive a
federal award and use that
determination as a basis for making a
federal award to another applicant. Late
applications, including those that are
the result of a failure to register or
comply with Grants.gov applicant
requirements in a timely manner, will
not be considered. If an applicant has
not fully complied with the
requirements by the submission
deadline, the application will not be
considered. To submit an application
through Grants.gov, applicants must
follow the directions below in this
subsection.
a. Register With the SAM at
www.SAM.gov
All applicants for federal financial
assistance must maintain current
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registrations in the SAM database. An
applicant must be registered in SAM to
successfully register in Grants.gov. The
SAM database is the repository for
standard information about federal
financial assistance applicants, grantees,
and subrecipients. Organizations that
have previously submitted applications
via Grants.gov are already registered
with SAM, as it is a requirement for
Grants.gov registration. Please note,
however, that applicants must update or
renew their SAM registration at least
once per year to maintain an active
status. Therefore, it is critical to check
registration status well in advance of the
application deadline. If an applicant is
selected for an award, the applicant
must maintain an active SAM
registration with current information
throughout the period of the award,
including information on a grantee’s
immediate and highest-level owner and
subsidiaries, as well as on all
predecessors that have been awarded a
federal contract or grant within the last
three years, if applicable. Information
about SAM registration procedures is
available at www.SAM.gov.
b. Obtain a Unique Entity Identifier
On April 4, 2022, the Federal
government discontinued using DUNS
numbers. The DUNS Number was
replaced by a new, non-proprietary
identifier that is provided by the System
for Award Management (SAM.gov). This
new identifier is called the Unique
Entity Identifier (UEI), or the Entity ID.
To find or request a Unique Entity
Identifier, please visit: www.SAM.gov.
c. Create a Grants.gov Username and
Password
Applicants must complete an
Authorized Organization Representative
(AOR) profile on www.Grants.gov and
create a username and password.
Applicants must use the organization’s
UEI to complete this step. Additional
information about the registration
process is available at: https://
www.grants.gov/applicants/applicantregistration.
d. Acquire Authorization for Your AOR
From the E-Business Point of Contact (EBiz POC)
The E-Biz POC at the applicant’s
organization must respond to the
registration email from Grants.gov and
login at www.Grants.gov to authorize the
applicant as the AOR. Please note there
can be more than one AOR for an
organization.
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e. Submit an Application Addressing
All Requirements Outlined in This
NOFO
If an applicant has trouble at any
point during this process, please call the
Grants.gov Customer Center Hotline at
1–800–518–4726, 24 hours a day, 7 days
a week (closed on Federal holidays). For
information and instructions on each of
these processes, please see instructions
at: https://www.grants.gov/support.
4. Submission Dates and Times
Applicants must submit complete
applications to www.Grants.gov no later
than 11:59 p.m. EST, September 23,
2024. Applicants will receive a systemgenerated acknowledgement of receipt.
FRA reviews www.Grants.gov
information on dates/times of
applications submitted to determine
timeliness of submissions. Late
applications will be neither reviewed
nor considered, no exceptions. To apply
for funding under this announcement,
all applicants are required to be
registered as an organization with
Grants.gov. Applicants are strongly
encouraged to apply early to ensure all
materials are received before this
deadline.
To ensure fair competition for limited
discretionary funds, no late submissions
will be reviewed for any reason,
including: (1) failure to complete the
Grants.gov registration process before
the deadline; (2) failure to follow
Grants.gov instructions on how to
register and apply as posted on its
website; (3) failure to follow all the
instructions in this NOFO; and (4)
technical issues experienced with the
applicant’s computer or information
technology environment.
5. Intergovernmental Review
Intergovernmental Review is required
for this program. Applicants must
contact their State Single Point of
Contact to comply with their State’s
process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as
applicable, FRA will only approve preaward costs if such costs are incurred
pursuant to the negotiation and in
anticipation of the grant agreement and
if such costs are necessary for efficient
and timely performance of the scope of
work.17 Under 2 CFR 200.458, grant
recipients must seek written approval
from FRA for pre-award activities to be
17 For more information on pre-award costs, see
FRA Answers to Frequently Asked Questions about
Pre-Award Authority, available at: https://
railroads.dot.gov/elibrary/federal-railroadadministration-answers-frequently-asked-questionsabout-pre-award.
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eligible for reimbursement under the
grant. Activities initiated prior to the
execution of a grant or without FRA’s
written approval may be ineligible for
reimbursement or matching
contribution. Cost sharing or matching
may be used only for authorized Federal
award purposes.
Applicants may count costs incurred
for Preliminary Engineering costs on
Highway-Rail and Pathway-Rail Grade
Crossing Projects as part of the total
project costs. Consistent with 49 U.S.C.
22909(g), such costs are eligible as nonfederal share or reimbursement, even if
they were incurred before project
selection for award. Such costs must
have been incurred no earlier than
November 15, 2021, and must be
otherwise compliant with 2 CFR part
200 and the requirements of this NOFO.
7. Other Submission Requirements
Please use generally accepted formats
such as .pdf, .doc, .docx, .xls, .xlsx and
.ppt, when uploading attachments.
While applicants may embed picture
files, such as .jpg, .gif, and .bmp, in
document files, applicants should not
submit attachments in these formats.
Additionally, the following formats will
not be accepted: .com, .bat, .exe, .vbs,
.cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
.sys, and .zip.
E. Application Review Information
1. Criteria
a. Eligibility and Completeness
FRA will first screen each application
for applicant and project eligibility
(eligibility requirements are outlined in
section C of this NOFO), completeness
(application documentation and
submission requirements are outlined in
section D of this NOFO), and the 20
percent minimum non-federal match.
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b. Evaluation Criteria
FRA will evaluate all eligible and
complete applications using the
evaluation criteria outlined in this
section to determine project readiness,
technical merit, and project benefits.
i. Project Readiness:
In evaluating Project Readiness, FRA
will evaluate project and applicant risk
based on the applicant’s preparedness
and capacity to implement the proposed
project, including whether the applicant
is reasonably equipped to begin the
capital or planning project in a timely
manner to meet its proposed schedule.
FRA will evaluate whether the applicant
is able to meet project milestones and
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use Federal funds efficiently to deliver
the proposed project.18
FRA will evaluate the application for
the degree to which—
(A) The application demonstrates
strong project readiness, evidenced by
status of required NEPA actions and
environmental permitting readiness (if
applicable);
(B) The status and timeline of
agreements, such as an agreement
required under 49 U.S.C. 22905(c)(1),
necessary for the legal, financial, and
technical capacity to complete the
project as proposed, are sufficiently
developed;
(C) The application identifies the
appropriate Lifecycle Stage(s) for the
proposed project, demonstrates that the
project has completed or will complete
any preceding Lifecycle Stage(s), and
the project is able to complete all
requirements of the identified Lifecycle
Stage(s); and
(D) Project partner coordination and
commitments, including letters of
support, agreements, and funding, are
secured or able to be secured without
undue delay.
ii. Technical Merit:
In evaluating Technical Merit, FRA
will evaluate the degree to which the
application, statement of work, schedule
and budget are reasonable and
appropriate to achieve the expected
outcomes, commitment of necessary
resources and workforce to deliver the
project, and the proposed project
elements are appropriate for the project
funding request. FRA will also consider
applicant risk, including the applicant’s
past performance in developing and
delivering similar projects.
FRA will evaluate application
information for the degree to which—
(A) The tasks and subtasks outlined in
the SOW, project budget, and estimated
project schedule are appropriate to
achieve the expected outcomes of the
proposed project;
(B) The technical qualifications and
experience of key personnel the
applicant proposes to lead and perform
the technical efforts, including the
qualifications of the primary and
supporting organizations, demonstrates
the ability to fully and successfully
execute the proposed project within the
proposed time frame and budget;
18 Additional information on DOT’s Project
Readiness checklist can be found here: https://
www.transportation.gov/grants/dot-navigator/
project-readiness-checklist-dot-discretionary-grantapplicants.
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(C) The project is identified in the
freight investment plan component of a
state freight plan, a state rail plan, a
state highway-rail grade crossing action
plan, a state freight plan, or other
equivalent document;
(D) The project will use innovative
technologies, innovative design and
construction techniques, or construction
materials that reduce greenhouse gas
emissions;
(E) The project will use financial
support from impacted rail carriers; and
(F) The project will improve the
mobility of multiple modes of
transportation, including ingress and
egress from freight facilities, or users of
nonvehicular modes of transportation
such as pedestrians, bicycles, and
public transportation.
iii. Project Benefits:
FRA will evaluate application
information for the extent to which the
proposed project—
(A) Improves safety at Highway-Rail
or Pathway-Rail Grade Crossings;
(B) Proposes to grade separate,
eliminate, or close one or more
Highway-Rail or Pathway-Rail Grade
Crossings;
(C) Improves the mobility of both
people and goods;
(D) Reduces emissions, protects the
environment, and provides community
benefit (including noise reduction);
(E) Improves access to emergency
services;
(F) Improves access to communities;
(G) Provides economic benefit; and
(H) Uses contracting incentives to
employ local labor, to the extent
permissible under federal law.
For each evaluation criterion—Project
Readiness, Technical Merit, and Project
Benefits—FRA will evaluate whether
the application demonstrates level of
risk or responsiveness, as applicable, as
described in the rubrics below.
For each merit criterion, FRA will use
rubric ratings with applied criteria to
evaluate whether the applications meet
the defined thresholds:
Merit Criteria Ratings—Project
Readiness
For the Project Readiness Criteria
described in section E(B)(i), FRA will
evaluate the application’s
responsiveness to the criteria, including
an assessment of supporting
justifications, and assign a cumulative
Project Readiness risk rating.
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Unacceptable
High risk
Medium risk
Low risk
Application provides limited or no
information necessary to assess
the project readiness criteria; application does not demonstrate
support, progress, or completion
of required Lifecycle Stage(s)
pre-requisites; or application
contains one or more significant
barriers that would prevent
project delivery.
Application provides insufficient
information to assess the
project readiness criteria; application does not demonstrate
sufficient support, progress, or
completion of required Lifecycle
Stage(s) pre-requisites but indicates risk to advancing the
project without foreseeable
delays; or application contains
a barrier that would likely prevent project delivery in any of
these areas.
Application provides sufficient information to assess the project
readiness criteria; demonstrates
support, progress, or completion on one or more required
Lifecycle Stage(s) pre-requisites, but indicates some risk
to advancing the project in a
timely manner; and the application does not contain a barrier
that would likely prevent project
delivery in any of these areas.
Application provides thorough and
complete information and evidence to assess the project
readiness criteria, and demonstrates strong support,
progress, or completion on required Lifecycle Stage(s) prerequisites, and indicates minimal risk to advancing the
project in a timely manner; and
application does not contain a
barrier that would likely prevent
project delivery in any of these
areas.
Merit Criteria Ratings—Technical Merit
For the Technical Merit Criteria
described in section E(B)(ii), FRA will
justifications, and assign a cumulative
technical merit rating.
Unacceptable
Acceptable
Responsive
Highly responsive
Application provides limited or no
information necessary to assess
the technical merit criteria, or
application demonstrates one or
more significant technical challenges that would prevent the
applicant from delivering the
project.
Application contains insufficient
information to assess one or
more of the technical merit criteria, or application demonstrates technical challenges
that could affect project delivery, but not prevent the applicant from delivering the project.
Application provides sufficient information and evidence to assess the technical merit criteria
and demonstrates that the applicant can deliver the project
with minimal technical challenges.
Application provides thorough and
complete information and evidence to assess the technical
merit criteria, and sufficiently
demonstrates that the project
can be successfully delivered
by the applicant.
Merit Criteria Ratings—Project Benefits
For the Project Benefits Criteria
described in section E(B)(iii), FRA will
Unacceptable
The application contains limited
information to assess the
project benefits criteria; or the
project is not likely to achieve
all of its intended benefits.
In addition to the ratings described
above, FRA will also apply the selection
preferences described in section E(C)(i)
and consider the Administration
Priorities described in section E(2)(c)(ii).
c. Selection Criteria
After completing the merit review,
FRA will apply the selection criteria
and consider the Administration
Priorities in this section.
i. FRA will give preference to eligible
projects that—
(A) result in one or more grade
separated crossings;
(B) close grade crossings through
Track Relocation; or
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evaluate the application’s
responsiveness to the criteria, including
an assessment of supporting
Acceptable
Application provides insufficient information necessary to assess
the project benefits criteria, and
does not demonstrate that the
project will achieve its intended
benefits.
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evaluate the application’s
responsiveness to the criteria, including
an assessment of supporting
Jkt 262001
Responsive
Highly responsive
Application provides sufficient information to assess the project
benefits criteria, and adequately
demonstrates that the project
will likely achieve its intended
benefits.
Application provides thorough and
complete information and evidence to assess the project
benefits criteria, and sufficiently
demonstrates that the project
will achieve its intended benefits.
(C) result in corridor-wide grade
crossing improvements.19
ii. Administration Priorities
FRA will consider how projects
address the following key
Administration Priorities:
Safety: FRA will assess the project’s
ability to foster a safe transportation
system for the movement of goods and
people, consistent with DOT’s strategic
goal to reduce transportation-related
fatalities and serious injuries across the
transportation system. Such
considerations will include, but are not
limited to, the extent to which the
project improves and upgrades
infrastructure to achieve a higher level
19 FRA considers corridor-wide grade crossing
improvements to be projects that directly improve
a series of linked, consecutive grade crossings.
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justifications, and assign a cumulative
Project Benefits rating.
Sfmt 4703
of safety, reduces incidences of railrelated trespassing, upgrades
infrastructure to achieve a higher level
of safety, and uses an appropriately
trained workforce. Overall, FRA expects
that projects will provide positive safety
benefits for all users and not negatively
impact safety for all users.
Climate Change and Sustainability:
FRA will assess the project’s ability to
reduce the harmful effects of climate
change and anticipate necessary
improvements to prepare for extreme
weather events. Such considerations
may include, but are not limited to, the
extent to which the project reduces
emissions, promotes energy efficiency,
increases resiliency, incorporates
evidence-based climate resilience
measures or features, and avoids
adverse environmental impacts to air or
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water quality, wetlands, and endangered
species.
Applicants are encouraged to use the
DOT Navigator Climate checklist in
responding to this criterion.
Applications that are rated highly on
this criterion will be those that use datadriven and evidence-based methods to
demonstrate that the project will:
• Significantly reduce GHG emissions
in the transportation sector; and
• Incorporate evidence-based climate
resilience measures or features.
Equity and Justice40: FRA will assess
elements including how the project will
create positive outcomes that will
reduce, mitigate, or reverse how a
community is experiencing
disadvantage through increasing
affordable transportation options,
improving health or safety, reducing
pollution, connecting Americans to
good-paying jobs, fighting climate
change, and/or improving access to
nature, resources, transportation or
mobility, and quality of life. FRA will
consider the benefits and potential
burdens a project may create, who
would experience them and how the
benefits and potential burdens will
impact disadvantaged communities.
Applicants are strongly encouraged to
use the FRA’s Justice40 Rail Explorer
Tool (https://usdot.maps.arcgis.com/
apps/webappviewer/
index.html?id=fd9810f673b
64d228ae072bead46f703) to identify the
rail infrastructure in their project and
features of the surrounding community
as the basis of their assessment. The
Applicants are also encouraged to use
Climate & Economic Justice Screening
Tool (CEJST), a new tool by the White
House Council on Environmental
Quality (CEQ), that aims to help Federal
agencies identify disadvantaged
communities as part of the Justice40
initiative to accomplish the goal that
40% of benefits from certain federal
investment reach disadvantaged
communities. Applicants should use
CEJST to identify disadvantaged
communities (Justice40 communities).
Applicants are encouraged to use the
USDOT Equitable Transportation
Community (ETC) Explorer to
understand how their community or
project area is experiencing
disadvantage related to lack of
transportation investments or
opportunities. Through understanding
how a community or project area is
experiencing transportation-related
disadvantage, applicants are able to
address how the benefits of a project
will reverse or mitigate the burdens of
disadvantage and demonstrate how the
project will address challenges and
accrued benefits.
Workforce Development, Job Quality,
and Wealth Creation: FRA will assess
how the project will create good-paying,
safe jobs with free and fair choice to join
a union including through the use of a
project labor agreement, promote
investments in high-quality workforce
development programs, adopt local and
economic hiring preferences for the
project workforce, and promote local
inclusive economic and
entrepreneurship programs.
For Administration Priorities, FRA
will consider the application’s
responsiveness to the criteria, and will
result in a rating of ‘‘Non-responsive,
‘‘Acceptable,’’ ‘‘Responsive,’’ or ‘‘Highly
Responsive’’ as described in the rubric
below. Applicants do not need to
respond to all of the Administration
Priorities if the criterion is not
applicable to the proposed project.
Administration Priorities
For the Administration Priorities
Criteria described in section E(C)(ii),
FRA will consider the application’s
responsiveness to the criteria, including
an assessment of supporting
justifications.
Non-responsive
Acceptable
Responsive
Highly responsive
Application contains insufficient information to assess any of the
Administration Priorities, or
project is inconsistent with one
or more of the Administration
Priorities.
Application contains limited information that is supported by
some evidence, but primarily
described qualitatively, that the
project is consistent with at
least one of the Administration
Priorities.
Application contains sufficient information that is adequately
supported by both quantitative
and qualitative evidence that
the project has clear and direct
benefits in at least one of the
Administration Priorities.
Application contains thorough and
complete information that is
strongly supported by both
quantitative and qualitative evidence that the project has
clear, direct, and significant
benefits in one or more of the
Administration Priorities, and is
not inconsistent with any of the
Administration Priorities.
Upon completion of all reviews, FRA
will finalize an Overall Rating for each
application. This rating will be a
combination of the results of the three
Merit Criteria reviews, specifically
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FRA Justice40 Rail Explorer Tool is a
rail-specific complement to the USDOT
ETC Explorer and leverages the same
methodology and metrics. The FRA
Justice40 Rail Explorer Tool provides
GIS information on existing rail
infrastructure, communities, and
pollution levels based on the proposed
project’s location, and applicants can
thus use this tool to note how their
project location scores across several
different measures. Transportation
disadvantaged communities experience
burden, as a result of underinvestment
in transportation, in the following five
components: Transportation Insecurity,
Climate and Disaster Risk Burden,
Environmental Burden, Health
Vulnerability, and Social Vulnerability.
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Project Readiness, Project Benefits, and
Technical Merit criteria ratings as
described in sections E(B)(i)–E(B)(iii);
and the Administration Priorities as
described in section E(c)(ii). Provided in
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the Overall Rating Rubric below, each
rating has defined parameters to which
each application will be assessed.
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56803
OVERALL RATING
Not recommended
Acceptable
Recommended
Highly recommended
The application received an overall
score of not recommended
based on Project Readiness,
Technical Merit, and Project
Benefits ratings, and consideration of Administration Priorities.
The application received an overall score of acceptable based
on Project Readiness, Technical Merit, and Project Benefits
ratings, and consideration of
Administration Priorities.
The application received an overall score of recommended
based on Project Readiness,
Technical Merit, and Project
Benefits ratings, and has clear
and direct benefits in one of the
Administration Priorities.
The application received an overall score of highly recommended based on Project
Readiness, Technical Merit,
and Project Benefits ratings,
and has clear, direct, and significant benefits in one or more
of the Administration Priorities.
The evaluation process may draw
upon subject matter experts within FRA
Division offices whose expertise is
relevant to understanding the
application’s responsiveness to the
program criteria, such as assessing the
applicant’s capacity to successfully
deliver the project in compliance with
applicable federal requirements based
on factors including, but not limited to,
the recipient’s experience working with
federal agencies, previous experience
with DOT discretionary grant awards
and/or the technical experience and
resources dedicated to the project.
Finally, in determining the allocation of
program funds, FRA may also consider
geographic diversity, diversity in the
size of the systems receiving funding,
and the applicant’s receipt of other
competitive awards.
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2. Review and Selection Process
FRA will conduct a five-part
application review process, as follows:
• Intake and Eligibility Phase: Screen
applications for applicant and project
eligibility, completeness, and the
minimum match (completed by the
Evaluation Management and Oversight
Team, or ‘‘EMOT,’’ comprised of FRA
program review directors who manage
the pre-award process);
• Evaluation Review Phase: Evaluate
remaining applications against the
statutory technical merit criteria, project
benefit criteria, project readiness and
the applicant’s ability (based on past
performance and relevant project
factors) to develop and deliver similar
projects, and alignment with
Administration Priorities (completed by
technical merit review panels consisting
of FRA and other Department of
Transportation (DOT) staff). The EMOT
will compile the results of the
Evaluation Review Phase consistent
with the RCE Program set-asides and
selection preferences. After considering
all FRA reviews under the statutory
criteria, applications will be assigned an
overall rating of ‘‘Highly
Recommended,’’ ‘‘Recommended,’’
‘‘Acceptable,’’ or ‘‘Not Recommended’’;
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• Steering Committee Phase: The
Steering Committee is comprised of
Senior Directors with the Office of
Railroad Development, which may also
include senior leadership from the
Railroad Office of Safety and other
relevant offices. The EMOT briefs the
Steering Committee on all rated
applications, and the Steering
Committee may request more
information from FRA offices whose
expertise may be relevant. The Steering
Committee provides strategic direction,
in line with program goals outlined in
this NOFO, on the development of
materials and approach for the Senior
Review Team (SRT) briefing;
• Senior Review Phase: The SRT,
which may include senior leadership
from the Office of the Secretary and
FRA, will review and apply selection
criteria, and recommend an initial
selection of projects for the FRA
Administrator’s review; and
• Selection and Award Phase: The
FRA Administrator will recommend
awards for the Secretary or his
designee’s review and approval.
3. Reporting Matters Related to Integrity
and Performance
Before making a federal award with a
total amount of federal share greater
than the simplified acquisition
threshold per 2 CFR 200.1 and 2 CFR
200.320, FRA will review and consider
any information about the applicant that
is in the designated integrity and
performance system accessible through
SAM (currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)). See 41 U.S.C. 2313.
An applicant, at its option, may
review information in the designated
integrity and performance systems
accessible through SAM and comment
on any information about itself that a
federal awarding agency previously
entered and is currently in the
designated integrity and performance
system accessible through SAM.
FRA will consider any comments by
the applicant, in addition to the other
information, in making a judgment
about the applicant’s integrity, business
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ethics, and record of performance under
federal awards when completing the
review of risk posed by applicants as
described in 2 CFR 200.206
F. Federal Award Administration
Information 20
1. Federal Award Notices
FRA will announce applications
selected for funding in a press release
and on FRA’s website after the
application review period. This
announcement is FRA’s notification to
successful and unsuccessful applicants
alike. Following this announcement,
FRA will contact the point of contact
listed in the SF 424 to initiate
negotiation of a project-specific grant
agreement. This notification is not an
authorization to begin proposed project
activities. FRA requires satisfaction of
applicable requirements by the
applicant and a formal agreement signed
by both the grantee and FRA, including
an approved scope, schedule, and
budget, before obligating the grant.
2. Administrative and National Policy
Requirements
In connection with any program or
activity conducted with or benefiting
from funds awarded under this notice,
grantees of funds must comply with all
applicable requirements of federal law,
including, without limitation, the
Constitution of the United States; the
relevant authorization and
appropriations, the conditions of
performance, nondiscrimination
requirements, and other assurances
made applicable to the award of funds
in accordance with regulations of DOT;
and applicable federal financial
assistance and contracting principles
promulgated by the Office of
Management and Budget. In complying
with these requirements, grantees must
ensure that no concession agreements
are denied, or other contracting
decisions made on the basis of speech
or other activities protected by the First
20 More information on FRA Discretionary Grant
Agreements can be found at: https://
railroads.dot.gov/grants-loans/fra-discretionarygrant-agreements.
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Amendment. If DOT determines that a
grantee has failed to comply with
applicable federal requirements, DOT
may terminate the award of funds and
disallow previously incurred costs,
requiring the grantee to reimburse any
expended award funds. The new FRA
grant agreement consists of three parts:
Attachment 1: Standard Terms and
Conditions, Attachment 2: ProjectSpecific Terms and Conditions, and
Terms and Conditions Exhibits.
Examples of administrative and
national policy requirements include: 2
CFR part 200; procurement standards at
2 CFR part 200 subpart D, 2 CFR
1207.317, and 2 CFR 200.401;
compliance with federal civil rights
laws and regulations; disadvantaged
business enterprises requirements;
debarment and suspension
requirements; drug-free workplace
requirements; FRA’s and OMB’s
Assurances and Certifications; the
Americans with Disabilities Act (ADA);
safety requirements; NEPA;
environmental justice; compliance with
49 U.S.C. 24905(c)(2) for the duration of
NEC Projects; and 2 CFR 200.315,
governing rights to intangible property.
Projects assisted with funds provided
through the Maglev Grants Program are
subject to 49 U.S.C. 5333(a). Unless
otherwise stated in statutory or
legislative authority, or appropriations
language, all financial assistance awards
follow the Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject
to the grant conditions in 49 U.S.C.
22905, including labor protective
arrangements that are equivalent to 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,
subject to 49 U.S.C. 22905, the provision
deeming operators as rail carriers and
employers for certain purposes, and
grantee agreements with railroad rightof-way owners for projects using
railroad rights-of-way (see section
D(2)(a)(viii)(A)(5)).21
Projects selected under this NOFO for
commuter rail passenger transportation
for positive train control projects may be
transferred to the Federal Transit
Administration for grant administration
at the Secretary’s discretion. If such a
project is transferred to the Federal
21 More information on labor protections can be
found here: https://railroads.dot.gov/elibrary/
equivalent-labor-protections.
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Transit Administration, applicants will
be required to comply with chapter 53
of title 49 of the United States Code.
Projects that have not sufficiently
considered climate change and
environmental justice in their planning,
as determined by FRA, will be required
to do so before receiving funds for
construction, consistent with core
policy goals of assessing these potential
impacts. For example, see Executive
Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR
7619), and Executive Order 14096,
Revitalizing Our Nation’s Commitment
to Environmental Justice. In the grant
agreement, recipients will be expected
to describe activities they have taken or
will take prior to obligation of
construction funds to address climate
change and environmental justice (EJ).
(See Article 9 of FRA’s Attachment 2:
Project-Specific Terms and Conditions
for a list of project activities that address
climate change and environmental
justice priorities, available at: https://
railroads.dot.gov/sites/fra.dot.gov/files/
2024-02/Attachment_2_Project_
Specific_Terms_12.11.23_PDFa.pdf.)
Activities that address climate change
include, but are not limited to,
demonstrating the project: will result in
significant greenhouse gas emissions
reductions; supports emissions
reductions goals in a local/regional/state
plan; improves disaster preparedness
and resilience; incorporates resilience in
its design; and primarily focuses on
funding for state of good repair and
clean transportation options, including
public transportation, walking, biking,
and micro-mobility. Activities that
address environmental justice may
include, but are not limited to: basing
project design on consideration of
community impacts; information gained
from screening tools such as CEJST,
EPA’s EJ Screen, or other appropriate
environmental and community impacts
tools developed by a State agency;
connecting transportation
disadvantaged communities or other
communities with environmental justice
concerns based on information gained
from either the screening tools noted
above or FRA’s Justice40 Rail Explorer
Tool; conducting enhanced, targeted
outreach to potentially affected
communities, including disadvantaged
communities; considering
environmental justice in alternatives
analysis and final project design; and
supporting a modal shift in freight or
passenger movement to reduce
emissions or reduce induced travel
demand.
Projects must consider and address
equity and barriers to opportunity in
their planning, as determined by FRA,
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and as a condition of receiving
construction funds, consistent with
Executive Order 13985, Advancing
Racial Equity and Support for
Underserved Communities Through the
Federal Government (86 FR 7009). The
grant agreement should include the
grantee’s description of activities it has
taken or will take prior to obligation of
construction funds that address equity
and barriers to opportunity. These
activities may include, but are not
limited to: completing an equity impact
analysis for the project; completing a
community needs assessment; adopting
an equity and inclusion program/plan;
conducting meaningful public
engagement to ensure underserved
communities are provided an
opportunity to be involved in the
planning process in a manner consistent
with Title VI of the Civil Rights Act
(Title VI); including investments that
either redress past barriers to
opportunity or that proactively create
new connections and opportunities for
underserved communities; hiring from
local communities; improving access to
or providing economic growth and
wealth building opportunities for
underserved, overburdened, or rural
communities; or addressing historic or
current inequitable air pollution or
other environmental, health, or
economic burdens and impacts. (See
Article 10 of FRA’s Attachment 2:
Project-Specific Terms and Conditions
for a list of project activities that address
efforts to improve racial equity and
reduce barriers to opportunity, available
at: https://railroads.dot.gov/sites/
fra.dot.gov/files/2024-02/Attachment_2_
Project_Specific_Terms_12.11.23_
PDFa.pdf.) While not a selection
criterion to the extent the project
includes or is part of a station area, DOT
encourages project sponsors to consider
how the submitted project could
develop or facilitate economic
development, including commercial and
residential development that enhances
the economic vitality and
competitiveness of the surrounding
neighborhoods and region.
To the extent that applicants have not
sufficiently considered job quality and
labor rights in their planning, as
determined by the Department of Labor,
applicants will be required to do so
before receiving funds for construction,
consistent with Executive Order 14025,
Worker Organizing and Empowerment
(86 FR 22829), and Executive Order
14052, Implementation of the
Infrastructure Investment and Jobs Act
(86 FR 64335). Specifically, the project
planning activities and project delivery
actions must support: strong labor
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standards and the free and fair choice to
join a union, including project labor
agreements, local hire agreements,
distribution of workplace rights notices,
and use of an appropriately trained
workforce; support of high-quality
workforce development programs,
including registered apprenticeship,
labor-management training programs,
and supportive services to help train,
place, and retain people in good-paying
jobs and apprenticeships; and
comprehensive planning and policies to
promote hiring and inclusion for all
groups of workers, including through
the use of local and economic hiring
preferences, linkage agreements with
workforce programs that serve
underrepresented groups, and proactive
plans to prevent harassment. (See
Article 11 of FRA’s Attachment 2:
Project-Specific Terms and Conditions
for a list of project activities that address
efforts to support good-paying jobs and
strong labor standards, available at:
https://railroads.dot.gov/sites/
fra.dot.gov/files/2024-02/Attachment_2_
Project_Specific_Terms_12.11.23_
PDFa.pdf.)
a. Federal Contract Compliance
As a condition of grant award and
consistent with Executive Order 11246,
Equal Employment Opportunity (30 FR
12319, and as amended), all federally
assisted contractors are required to
make good faith efforts to meet the goals
of 6.9 percent of construction project
hours being performed by women, in
addition to goals that vary based on
geography for construction work hours
and for work being performed by people
of color. Under section 503 of the
Rehabilitation Act of 1973 and its
implementing regulations, affirmative
action obligations for certain contractors
include an aspirational employment
goal of 7 percent workers with
disabilities.
The U.S. Department of Labor’s Office
of Federal Contract Compliance
Programs (OFCCP) is charged with
enforcing Executive Order 11246,
section 503 of the Rehabilitation Act,
and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974.
OFCCP has a Mega Construction Project
Program through which it engages with
project sponsors as early as the design
phase to help promote compliance with
non-discrimination and affirmative
action obligations. OFCCP will identify
projects that receive an award under
this notice and are required to
participate in OFCCP’s Mega
Construction Project Program from a
wide range of Federally assisted projects
over which OFCCP has jurisdiction and
that have a project cost above $35
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million. DOT will require project
sponsors with costs above $35 million
that receive awards under this funding
opportunity to partner with OFCCP (if
selected by OFCCP) as a condition of
their DOT award.
b. Critical Infrastructure Security,
Cybersecurity and Resilience
It is the policy of the United States to
strengthen the security and resilience of
its critical infrastructure against all
hazards, including physical and cyber
risks, consistent with Presidential
Policy Directive 21—Critical
Infrastructure Security and Resilience,
and National Security Memorandum
(NSM–5) on Improving Cybersecurity for
Critical Infrastructure Control Systems.
Each applicant selected for federal
funding must demonstrate, prior to
signing of the grant agreement, efforts to
consider and address physical and cyber
security risks relevant to the
transportation mode and type and scale
of the project. Projects that have not
appropriately considered and addressed
physical and cyber security and
resilience in their planning, design, and
project oversight, as determined by DOT
and the Department of Homeland
Security, will be required to do so
before receiving funds.
c. Domestic Preference Requirements
As expressed in Executive Order
14005, Ensuring the Future Is Made in
All of America by All of America’s
Workers (86 FR 7475), the executive
branch should maximize, consistent
with law, the use of goods, products,
and materials produced in, and services
offered in, the United States. Funds
made available under this notice are
subject to the domestic preference
requirement in 49 U.S.C. 22905(a) (FRA
Buy America) and the Build America,
Buy America Act, Public Law 117–58,
70901–52. DOT expects all applicants to
comply with the applicable domestic
preference requirements. However,
Major Projects applicants should
include a domestic sourcing plan that
provides details on the extent to which
the materials covered by the plan are to
be imported and the extent to which
such materials can be sourced
domestically. Applicants should also
provide an explanation in the plan of
the number of domestic jobs—
temporary and permanent—that will be
generated by the project and outline a
plan to transition any foreign labor
responsibilities to domestic jobs. Major
Projects applicants may also request a
waiver from certain Buy America
requirements along with the domestic
sourcing plan.
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d. Civil Rights and Title VI
As a condition of a grant award, grant
recipients should demonstrate that the
recipient has a plan for compliance with
civil rights obligations and
nondiscrimination laws, including Title
VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR part
21), the Americans with Disabilities Act
of 1990 (ADA), section 504 of the
Rehabilitation Act, and all other civil
rights requirements and accompanying
regulations. This may include a current
Title VI plan, completed Community
Participation Plan, and a plan to address
any legacy infrastructure or facilities
that are not compliant with ADA
standards. DOT’s and FRA’s Offices of
Civil Rights may work with awarded
grant recipients to ensure full
compliance with federal civil rights
requirements.
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for a grant
will be required to comply with all
standard FRA reporting requirements,
including quarterly progress reports,
quarterly federal financial reports, and
interim and final performance reports,
as well as all applicable auditing,
monitoring, and close out requirements.
Reports may be submitted
electronically. Pursuant to 2 CFR
170.210, non-federal entities applying
under this NOFO must have the
necessary processes and systems in
place to comply with the reporting
requirements should they receive
federal funding.
b. Additional Reporting
Applicants selected for funding are
required to comply with all reporting
requirements in the standard terms and
conditions for FRA grant awards,
including 2 CFR 180.335 and 2 CFR
180.350. If the total value of a selected
applicant’s active grants, cooperative
agreements, and procurement contracts
from all federal awarding agencies
exceeds $10,000,000 for any period of
time during the period of performance
of this federal award, the applicant
during that period of time must
maintain the information reported to
SAM and ensure it is made available in
the designated integrity and
performance system (currently the
Federal Awardee Performance and
Integrity Information System (FAPIIS))
about civil, criminal, or administrative
proceedings described in paragraph 2 of
this award term and condition. This is
a statutory requirement under section
872 of Public Law 110–417, as amended
(41 U.S.C. 2313). As required by section
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3010 of Public Law 111–212, all
information posted in the designated
integrity and performance system on or
after April 15, 2011, except past
performance reviews required for
federal procurement contracts, will be
publicly available.
c. Performance and Program Evaluation
Recipients and subrecipients are also
encouraged to incorporate program
evaluation, including associated data
collection activities from the outset of
their program design and
implementation, to meaningfully
document and measure their progress
towards meeting an agency priority
goal(s). Title I of the Foundations for
Evidence-Based Policymaking Act of
2018 (Evidence Act), Public Law 115–
435 (2019) urges Federal awarding
agencies and Federal assistance
recipients and subrecipients to use
program evaluation as a critical tool to
learn, improve equitable delivery, and
elevate program service and delivery
across the program lifecycle. Evaluation
means ‘‘an assessment using systematic
data collection and analysis of one or
more programs, policies, and
organizations intended to assess their
effectiveness and efficiency’’ (5 U.S.C.
311). Credible program evaluation
activities are implemented with
relevance and utility, rigor,
independence and objectivity,
transparency, and ethics (OMB Circular
A–11, Part 6 Section 290).
For grant recipients receiving an
award, evaluation costs are allowable
costs (either as direct or indirect), unless
prohibited by statute or regulation, and
such costs may include the personnel
and equipment needed for data
infrastructure and expertise in data
analysis, performance, and evaluation (2
CFR part 200).
d. Performance Reporting
Each applicant selected for funding
must collect information and report on
the project’s performance using
measures mutually agreed upon by FRA
and the grantee to assess progress in
achieving strategic goals and objectives.
Examples of some rail performance
measures for RCE funding are listed in
the table below. The applicable
measure(s) will depend upon the type of
project.
PERFORMANCE MEASURE EXAMPLES
Unit measure
Temporal
Primary
administration
goal
Secondary
administration
goal
Reduced Grade Crossing
Incidents.
Count .................................
Annual ..............
Safety ........................
Equity and Barriers to
Opportunity.
Reduced blocked crossing
times.
Count .................................
Annual ..............
Economic Strength ...
Safety ........................
Improved emergency vehicle response times due
to reduced blocked
crossings.
Time/Trip ............................
Annual ..............
Safety ........................
Equity and Barriers to
Opportunity.
Increased percentage of
freight transported by rail
from commercial facility.
Average Daily Minutes of
Delay.
Percentage ........................
Annual ..............
Economic Strength ...
Climate Change ........
Average daily minutes of
delay experience by vehicles.
Minutes/Day .....
Economic Strength ...
Equity and Barriers to
Opportunity.
ddrumheller on DSK120RN23PROD with NOTICES1
Rail measures
e. Program Evaluation
As a condition of grant award,
grantees may be required to participate
in an evaluation undertaken by DOT, or
another agency or partner. The
evaluation may take different forms,
such as an implementation assessment
across grant recipients, an impact or
outcomes analysis of all or selected sites
within or across grantees, or a benefit/
cost analysis or assessment of return on
investment. DOT may require applicants
to collect data elements to aid the
evaluation. As a part of the evaluation,
and as a condition of award, grantees
must agree to: (1) make records available
to the evaluation contractor; (2) provide
access to program records and any other
relevant documents to calculate costs
and benefits; (3) in the case of an impact
analysis, facilitate access to relevant
VerDate Sep<11>2014
18:33 Jul 09, 2024
Jkt 262001
information as requested; and (4) follow
evaluation procedures as specified by
the evaluation contractor or DOT staff.
For grant recipients, evaluation
expenses are allowable costs (either as
direct or indirect), unless prohibited by
statute or regulation, and such expenses
may include the personnel and
equipment needed for data
infrastructure and expertise in data
analysis, performance, and evaluation (2
CFR part 200).
f. Project Signage and Public
Acknowledgements
As a condition of grant award, for
construction and non-construction
projects, recipients may be required to
post project signage and to include
public acknowledgments in published
and other collateral materials (e.g., press
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
Description
The number of grade crossing incidents at the grade crossings addressed by the project. Comparison
of actual versus baseline and expected post-project number of incidents.
Average amount of time trains blocks
the grade crossings addressed by
the project. Comparison of actual
performance versus baseline and
expected post-project performance.
Measures how improvements impact
emergency service vehicle response operations. Comparison of
actual performance versus baseline
and expected post-performance.
Increased amount of freight transported compared to the baseline
pre-project.
Traffic analysis can be performed to
determine the average daily minutes of delay experienced by vehicles compared to baseline and expected post-project performance.
releases, marketing materials, website,
etc.) satisfactory in form and substance
to DOT, that identifies the nature of the
project and indicates that ‘‘the project is
funded by the Bipartisan Infrastructure
Law.’’ In addition, recipients employing
project signage are required to use the
official Investing in America emblem in
accordance with the official Investing in
America Emblem Style Guide. Costs
associated with signage and public
acknowledgments must be reasonable
and limited. Signs or public
acknowledgments should not be
produced, displayed, or published if
doing so results in unreasonable cost,
expense, or recipient burden. The
recipient is encouraged to use recycled
or recovered materials when procuring
signs.
E:\FR\FM\10JYN1.SGM
10JYN1
Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Notices
G. Federal Awarding Agency Contacts
For further information concerning
this notice, please contact the FRA
NOFO Support program staff via email
at FRA-NOFO-Support@dot.gov. If
additional assistance is needed, you
may contact Ms. Jenny Zeng,
Transportation Industry Analyst in
FRA’s Office of Rail Program
Development, by email: Jenny.Zeng@
dot.gov or telephone: 857–330–2481.
H. Other Information
All information submitted as part of
or in support of any application must
use publicly available data or data that
can be made public and methodologies
that are accepted by industry practice
and standards, to the extent possible. If
an application includes information the
applicant considers to be a trade secret
or confidential commercial or financial
information, the applicant should do the
following: (1) note on the front cover
that the submission ‘‘Contains
Confidential Business Information
(CBI)’’; (2) mark each affected page
‘‘CBI’’; and (3) highlight or otherwise
denote the CBI portions.
DOT regulations implementing the
Freedom of Information Act (FOIA) are
found at 49 CFR part 7 subpart C—
Availability of Reasonably Described
Records under the Freedom of
Information Act, which sets forth rules
for FRA to make requested materials,
information, and records publicly
available under FOIA. Unless prohibited
by law and to the extent permitted
under the FOIA, contents of
applications and proposals submitted by
successful applicants may be released in
response to FOIA requests. DOT may
share application information within
DOT or with other Federal agencies if
DOT determines that sharing is relevant
to the respective program’s objectives.
Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024–15061 Filed 7–9–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
ddrumheller on DSK120RN23PROD with NOTICES1
[FTA Docket No. FTA 2024–0005]
Agency Information Collection Activity
Under OMB Review: FTA Program
Evaluation for Processes and
Outcomes
Federal Transit Administration,
Department of Transportation (DOT).
ACTION: Notice of request for comments.
AGENCY:
VerDate Sep<11>2014
18:33 Jul 09, 2024
Jkt 262001
In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICR describe the nature of the
information collection and their
expected burdens.
DATES: Comments must be submitted on
or before August 9, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Tia
Swain, Office of Administration,
Management Planning Division, 1200
New Jersey Avenue SE, Mail Stop TAD–
10, Washington, DC 20590 (202) 366–
0354 or tia.swain@dot.gov.
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On December 7,
2023, FTA published a 60-day notice
(88 FR 85357) in the Federal Register
soliciting comments on the ICR that the
agency was seeking OMB approval. FTA
received no comments after issuing this
60-day notice. Accordingly, DOT
announces that these information
collection activities have been reevaluated and certified under 5 CFR
SUMMARY:
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
56807
1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR
1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the
30-day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The requirements are being
submitted for clearance by OMB as
required by the PRA.
Title: FTA Program Evaluation for
Processes and Outcomes.
OMB Control Number: 2132–NEW
INFORMATION COLLECTION
REQUEST.
Background: The Foundations for
Evidence-Based Policymaking Act of
2018 (the Evidence Act) requires
Federal agencies to develop evidence to
support policymaking. Federal agencies,
including FTA, must systematically
collect and analyze data to assess the
effectiveness and efficiency of their
programs through evaluation. According
to the Evidence Act, ‘‘an evaluation is
an assessment, using systematic data
collection and analysis, of one or more
programs, policies, and/or organizations
intended to assess their effectiveness
and efficiency.’’ Evidence resulting from
evaluations and other evidence-building
activities should be used to inform
leaders about whether Federal programs
and activities are achieving their
intended results and contribute to
improved use of data and evidencebased decision making.
To effectively evaluate programs, FTA
needs to collect data directly from
program participants, such as State
Departments of Transportation (DOTs),
Metropolitan Planning Organizations
(MPOs), Transit Authorities, State and
Local Government Units, and Indian
Tribes, to understand their experiences
and benefits of program participation.
Participants may be engaged through
surveys or focus groups to collect
E:\FR\FM\10JYN1.SGM
10JYN1
]]>Agencies
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56788-56807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15061]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the FY 2023-FY 2024 Railroad
Crossing Elimination Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity (NOFO or Notice).
-----------------------------------------------------------------------
SUMMARY: This Notice details the application requirements and
procedures to obtain grant funding for eligible projects under the
Railroad Crossing Elimination Program for Fiscal Years (FY) 2023 and
2024. This Notice solicits applications for funds made available by the
Infrastructure Investment and Jobs Act (IIJA). The opportunity
described in this notice is made available under Assistance Listings
Number 20.327, ``Railroad Crossing Elimination.''
DATES: Applications for funding under this solicitation are due no
later than 11:59 p.m. EST, September 23, 2024. Applications that are
incomplete or received after 11:59 p.m. EST, on September 23, 2024 will
not be considered for funding. See section D of this notice for
additional information on the application process.
ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the FRA NOFO Support program staff via
email at dot.gov">FRA-NOFO-Support@dot.gov. If additional assistance is needed,
you may contact Ms. Jenny Zeng, Transportation Industry Analyst, at
email: dot.gov">Jenny.Zeng@dot.gov or telephone: 857-330-2481; Stefani Gaede,
Transportation Industry Analyst, at email: dot.gov">stefani.gaede@dot.gov or
telephone: 202-940-8426; in FRA's Office of Rail Program Development.
SUPPLEMENTARY INFORMATION:
Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing
[[Page 56789]]
application materials. Definitions of key terms used throughout the
NOFO are provided in section A(2) below. These key terms are
capitalized throughout the NOFO. There are several administrative and
specific eligibility requirements described herein with which
applicants must comply. Additionally, applicants should note that the
required Project Narrative component of the application package may not
exceed 25 pages in length.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information
Summary Overview of Key Information: Railroad Crossing Elimination
Program (RCE)
------------------------------------------------------------------------
------------------------------------------------------------------------
Issuing Agency............... Federal Railroad Administration, U.S.
Department of Transportation.
Program Overview............. The purpose of the RCE Program is to fund
highway-rail or pathway-rail grade
crossing improvement projects that focus
on improving the safety and mobility of
people and goods.
Eligible Applicants.......... A State (including the District
of Columbia Puerto Rico, and other
United States territories and
possessions).
A political subdivision of a
State.
A federally recognized Indian
Tribe.
A unit of local government or a
group of local governments.
A public port authority.
A metropolitan planning
organization.
A group of entities included
above.
Eligible Project Types....... Grade separation or closure,
including through the use of a bridge,
embankment, tunnel, or combination
thereof.
Track relocation.
The improvement or installation
of protective devices, signals, signs,
or other measures to improve safety,
provided that such activities are
related to a separation or relocation
project described above.
Other means to improve the
safety and mobility of people and goods
at highway-rail grade crossings
(including technological solutions).
A group of related projects
described above that would collectively
improve the mobility of people and
goods.
The planning, environmental
studies, and final design for a project
or group of projects described above.
Funding...................... The total funding available for awards
under this NOFO is up to $1,148,809,580.
Deadline..................... Deadline: No later than 11:59 p.m. EST,
September 23, 2024.
------------------------------------------------------------------------
A. Program Description
1. Overview
The RCE Program provides a federal funding opportunity to fund
highway-rail or pathway-rail grade crossing improvement projects that
focus on improving the safety and mobility of people and goods. Such
projects will improve American rail infrastructure to enhance rail
safety, improve the health and safety of communities, eliminate
highway-rail and pathway-rail grade crossings that are frequently
blocked by trains, and reduce the impacts that freight movement and
railroad operations may have on underserved communities.
The purpose of this NOFO is to solicit applications for projects
through the competitive RCE Program, which is authorized by the
Infrastructure Investment and Jobs Act (IIJA), Sec. 22104, Public Law
117-58 (November 15, 2021), and funded by the 2023 and 2024 advance
appropriations in Title VIII of Division J of the IIJA. This NOFO
describes funding available, application submission requirements, and
the selection and evaluation criteria for projects under the RCE
Program. The RCE Program requirements are codified at 49 U.S.C. 22909.
This NOFO integrates FRA's Guidance on Development and
Implementation of Railroad Capital Projects (Jan. 12, 2023, 88 FR 2163)
(FRA's Capital Projects Guidance), which assists project sponsors in
developing effective and complete capital projects by defining the
project development process and describing implementation tools,
processes, and documentation that may be required for a grant. FRA's
Capital Projects Guidance can be found here: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
In December 2023, FRA updated its standard grant agreement terms
and conditions. The new FRA grant agreement consists of three parts:
Attachment 1: Standard Terms and Conditions, Attachment 2: Project-
Specific Terms and Conditions, and Terms and Conditions Exhibits. The
updated agreements are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
DOT seeks to fund projects that advance the Administration
Priorities of safety, equity, climate and sustainability, workforce
development, job quality, and wealth creation as described in the U.S.
Department of Transportation (DOT) Strategic Plan,\1\ and in executive
orders, which are described in section E.
---------------------------------------------------------------------------
\1\ Additional information about the USDOT Strategic Plan,
Research, Development and Technology Strategic Plan can be found
here: https://www.transportation.gov/dot-strategic-plan.
---------------------------------------------------------------------------
2. Definitions of Key Terms
Terms defined in this section are capitalized throughout this
notice.
a. ``Capital Project'' means a project for acquiring, constructing,
improving, or inspecting rail equipment, track and track structures, or
a rail facility, including expenses incidental to the acquisition or
construction including pre-construction activities (such as designing,
engineering, location surveying, mapping, acquiring rights-of-way) and
related relocation costs,\2\ environmental studies, and all work
necessary for FRA to consider the effects of the proposed project under
the National Environmental Policy Act; Highway-Rail Grade Crossing
improvements; communication and signalization improvements; and
rehabilitating, remanufacturing, or overhauling rail rolling stock and
rail facilities.
---------------------------------------------------------------------------
\2\ FRA will consider right-of-way acquisition only if it is
included in an application also seeking Construction funding.
---------------------------------------------------------------------------
b. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple rides, and commuter tickets, and morning
and evening peak period
[[Page 56790]]
operations, consistent with 49 U.S.C. 24102(3); the term does not
include rapid transit operations in an urban area that are not
connected to the general railroad system of transportation.
c. ``Construction'' means the Lifecycle Stage of a Capital Project
during which the Capital Project is completely built, installed, and
placed in use. Construction activities include, but are not limited to,
physical construction and installation of the Capital Project,
including testing of equipment, workforce training, and start-up
testing. Construction activities occur after a project has completed
Final Design. Construction is described in FRA's Capital Projects
Guidance.
d. ``Final Design'' or ``FD'' means the Lifecycle Stage of a
Capital Project during which the Capital Project design is advanced to
be ready for Construction. This is when the agreements necessary to
construct and operate the Capital Project are secured, acquisition of
right-of-way is completed, and final engineering plans and
specifications necessary for the construction of the project are
produced. Final Design activities occur after a Capital Project has
completed Project Development, and before a Capital Project can advance
to Construction. Final Design is described in FRA's Capital Projects
Guidance.
e. ``Grade Separation or Closure'' means an underpass or overpass
to eliminate level crossings between railroad and highway users at an
existing highway-rail or pathway-rail grade crossing, or the closing of
a highway-rail grade crossing to vehicular or pedestrian traffic.
f. ``Highway-Rail Grade Crossing'' means a location where a public
highway, road, street, or private roadway, including associated
sidewalks and pathways, crosses one or more railroad tracks at grade.
g. ``Improvement Project'' means a project related to an existing
highway or pathway-rail crossing including: installation, repair, or
improvement of crossings, grade separations, railroad crossing signals,
gates, bells, audible warning devices and related technologies; highway
traffic signalization, lighting, crossing approach signage, and roadway
improvements such as medians or other barriers; pathway improvements
such as bollards; railroad crossing panels and surfaces; and other
safety engineering improvements, or highway-rail programs to reduce
risk.
h. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except Commuter Rail Passenger Transportation, see 49
U.S.C. 22901(3), and in this NOFO, it has the same meaning as
``Intercity Passenger Rail Service'' and ``Intercity Passenger Rail
Transportation.''
i. ``Lifecycle Stage'' means each of the consecutive stages of a
Capital Project as it is developed and implemented that include Systems
Planning, Project Planning, Project Development, Final Design,
Construction, and Operation. Each sequential stage involves specific
activities. Lifecycle Stages are described in FRA's Capital Projects
Guidance.
j. ``Major Project'' means a Capital Project with a capital cost
estimate equal to or greater than $500 million and with at least $100
million in federal assistance under the Railroad Crossing Elimination
Program. Major Project is described in FRA's Capital Project Guidance.
k. ``National Environmental Policy Act'' or ``NEPA'' (42 U.S.C.
4321 et seq.) is a federal law that requires federal agencies to
analyze and document the environmental impacts of a proposed action in
consultation with appropriate federal, tribal, state, and local
authorities, and with the public. Environmental Review under NEPA
consists of an Environmental Impact Statement (EIS), Environmental
Analysis (EA) or Categorical Exclusion (CE). The NEPA class of action
depends on the potential environmental impacts of the proposed action.
For purposes of this NOFO, NEPA also includes all related federal laws
and regulations including the Clean Air Act, section 4(f) of the
Department of Transportation Act, section 7 of the Endangered Species
Act, and section 106 of the National Historic Preservation Act.
Additional information regarding FRA's environmental processes and
requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment. NEPA consultation and
documentation are considered part of the Project Development Lifecycle
Stage, as described in FRA's Capital Projects Guidance.
l. ``Pathway-Rail Grade Crossing'' means a pathway that crosses one
or more railroad tracks at grade and that is: (1) explicitly authorized
by a public authority or a railroad; (2) dedicated for the use of non-
vehicular traffic, including pedestrians, bicyclists, and others; and
(3) not associated with a public highway, road, or street, or a private
roadway.
m. ``Preliminary Engineering'' or ``PE'' means engineering design
to define a Capital Project, including identification of all
environmental impacts and design of all critical project elements at a
level sufficient to ensure reliable cost estimates and schedules. The
PE development process starts with specific project design alternatives
that allow for the assessment of a range of rail improvements, specific
alignments, and project designs. PE is considered part of the Project
Development Lifecycle Stage, as described in FRA's Capital Projects
Guidance.
n. ``Project Development'' means the Lifecycle Stage of a Capital
Project during which the project sponsor conducts design,
environmental, and other studies to ensure the project is ready for
implementation. Project Development activities occur after a project
has completed Project Planning, and before a Capital Project can
advance to Final Design. Project Development is described in FRA's
Capital Projects Guidance.
o. ``Project Management Plan'' means, under this NOFO, a document
that describes how the Capital Project will be implemented, monitored,
and controlled to help the project sponsor effectively, efficiently,
and safely deliver the project on-time, within budget, and at the
highest appropriate quality. Project Management Plan is described in
FRA's Capital Projects Guidance.
p. ``Project Planning'' is the first Lifecycle Stage of a Capital
Project during which the project sponsor identifies Capital Project
concepts to adequately address transportation needs and opportunities;
identifies and compares costs, benefits, and impacts of project
options; identifies the impacted environmental resources; and engages
with interested parties, agencies, and infrastructure owners. Project
Planning activities are completed before a Capital Project advances to
Project Development. Project Planning is described in FRA's Capital
Projects Guidance.
q. ``Rural Area'' means any area that is not within an area
designated as an urbanized area by the most recent Bureau of the
Census.
r. ``Track Relocation'' means moving a rail line vertically or
laterally to a new location in order to eliminate an existing Highway-
Rail Grade Crossing. ``Vertical Relocation'' refers to raising above
the current ground level or sinking below the current ground level of a
rail line. ``Lateral Relocation'' refers to moving a rail line
horizontally to a new location.
s. ``Tribal Lands'' means any lands reserved for a federally
recognized Native American tribe or tribes under treaty or other
agreement with the United States, executive order, or federal statute
or administrative action as permanent tribal homelands, and
[[Page 56791]]
where the federal government holds title to the land in trust on behalf
of the tribe.
B. Federal Award Information
1. Available Award Amount & Special Funding Set-Asides
The total funding available for awards under this NOFO is up to
$1,148,809,580, made available by the FY 2023 and 2024 advance
appropriations provided in Title VIII of Division J of IIJA and by
remaining unawarded FY 2022 RCE Program balances.\3\ Should additional
RCE Program funds become available after the release of this NOFO, FRA
may elect to award such additional funds to applications received under
this NOFO. Any selection and award under this NOFO are subject to the
availability of appropriated funds.
---------------------------------------------------------------------------
\3\ $1,146,528,000 in combined FY 2023-2024 supplemental
appropriations ($573,264,000 each year) are provided by Title VIII
of Division J of IIJA, as well as $2,281,580 in carryover FY 2022
supplemental appropriations from Title VIII of Division J of IIJA.
This creates a total of $1,148,809,580 available.
---------------------------------------------------------------------------
Further, of the available award amount listed above, certain
funding amounts are set-aside for the following purposes under this
NOFO:
a. Planning Projects--At least three percent of the total FY 2023-
2024 RCE Program grant funds available, or $36,000,000, as well as
$2,281,580 in FY 2022 RCE funds, will combine to make $38,281,580
available for planning projects described in 49 U.S.C. 22909(d)(6). Of
these funds, $10,840,000 (which includes $1,840,000 in FY 2022
carryover funds) will be made available for planning projects located
in Rural Areas or on Tribal Lands. Further, FRA specifically expects to
support planning projects that seek to advance efforts to grade
separate at least one or more at-grade crossings. Planning projects are
also subject to special considerations for award size and preference,
as detailed in the following section 2(a).
b. Rural or Tribal set-aside--At least 20 percent of the total FY
2023-2024 RCE Program grant funds available, or $229,305,600, will be
made available for projects located in Rural Areas or on Tribal Lands,
as required by 49 U.S.C. 22909(f)(3)(A).\4\ At least five percent of
these set-aside funds, or $11,465,280, will be made available for
projects in counties with 20 or fewer residents per square mile,
according to the most recent decennial census, provided that sufficient
eligible applications have been submitted.
---------------------------------------------------------------------------
\4\ FRA awarded all of the FY 2022 Rural or Tribal set-aside to
eligible applicants. No additional set-aside funds are carried
forward to FY 2023-2024.
---------------------------------------------------------------------------
c. In addition, FRA will make at least $3,000,000 available for
grants that carry out Highway-Rail Grade Crossing safety information
and education programs. FRA expects that activities to promote further
awareness of grade crossing safety will be based on existing best
practices and such efforts will be implemented in a comprehensive
manner through coordination with relevant stakeholders.
2. Award Size
FRA anticipates making multiple awards with the available funding.
FRA may not be able to award grants to all eligible applications even
if they meet or exceed the stated evaluation criteria (see section E,
Application Review Information). FRA strongly encourages applicants to
seek funding for the appropriate Lifecycle Stage of a Capital Project,
consistent with the application tracks in section C(3)(c) below. Where
an application includes multiple Lifecycle Stages of a Capital Project,
FRA may decide to only award funds for what it determines is the
appropriate Lifecycle Stage.
In addition, projects may require more funding than is available.
FRA encourages applicants to propose a project that has operational
independence, or a component of such project, which can be completed
and implemented with funding under this NOFO as a part of the total
project cost together with other, non-federal sources. (See section
C(3)(c) for more information). There are no predetermined maximum
dollar thresholds for individual awards, but no more than 20 percent of
the grant funds available ($229,761,916 total from both FY 2023-2024
funding and FY 2022 carryover funds) will be awarded for projects in
any single State.
Applicants are not limited in the number of projects for which they
seek funding. Applicants submitting more than one application are
requested to submit a priority ranking of their submitted applications
that is consistent with each application package submitted.
a. Award Minimums and Planning Exception
FRA will not award grants for less than $1,000,000, except for a
Planning project, as described in 49 U.S.C. 22909(d)(6). Projects
requesting less than $1,000,000 must consist solely of Planning
activities (Planning is defined in section A.3.n of this NOFO) to be
considered eligible. Applications that request funding for a
combination of Planning and Project Development activities must exceed
$1,000,000 in federal assistance under this NOFO.
3. Award Type
FRA will make awards for projects selected under this notice
through grant agreements and/or cooperative agreements. Grant
agreements are used when FRA does not expect to have substantial
federal involvement in carrying out the funded activity. Cooperative
agreements allow for substantial federal involvement in carrying out
the agreed upon investment, including technical assistance, review of
interim work products, and increased program oversight. The term
``grant'' is used throughout this document and is intended to reference
funding awarded through a grant agreement or a cooperative agreement.
The funding provided under this NOFO will be made available to
grantees on a reimbursable basis. Applicants must certify that their
expenditures are allowable, allocable, reasonable, and necessary to the
approved project before seeking reimbursement from FRA. Additionally,
the grantee is expected to expend matching funds at the required
percentage concurrent with federal funds throughout the life of the
project.
The new FRA grant agreement consists of three parts: Attachment 1:
Standard Terms and Conditions, Attachment 2: Project-Specific Terms and
Conditions, and Terms and Conditions Exhibits. The grant agreement
templates are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements. These templates are subject to
revision.
4. Concurrent Applications
DOT and FRA may concurrently solicit applications for
transportation infrastructure projects for several financial assistance
programs. Applicants may submit applications requesting funding for a
particular project to one or more of these programs. In the application
for funding under this NOFO, applicants must indicate the other
program(s) to which they submitted an application for funding the
entire project or certain components, as well as highlight new or
revised information in the application responsive to this NOFO that
differs from the previously submitted application(s).
C. Eligibility Information
This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and project
component
[[Page 56792]]
operational independence. Applications that do not meet the
requirements in this section are ineligible for funding. Instructions
for submitting eligibility information to FRA are detailed in section D
of this NOFO.
1. Eligible Applicants
The following entities are eligible applicants for all projects
permitted under this notice:
a. A State (including the District of Columbia, Puerto Rico, and
other United States territories and possessions).
b. A political subdivision of a State.
c. A federally recognized Indian Tribe.
d. A unit of local government or a group of local governments.
e. A public port authority.
f. A metropolitan planning organization.
g. A group of entities described in any of paragraphs (a) through
(f).
The applicant serves as the primary point of contact for the
application, and if selected, as the recipient of the RCE Program grant
award. An application may identify entities that are not eligible
applicants as project partners.
2. Cost Sharing and Matching
The federal share of total costs for RCE Program projects funded
under this NOFO may not exceed 80 percent. The estimated total cost of
a project must be based on the best available information, including
engineering studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment and/or
facilities. Additionally, in preparing estimates of total project
costs, applicants are encouraged to use FRA's cost estimate guidance
documentation, ``Capital Cost Estimating: Guidance for Project
Sponsors,'' which is available at: https://www.fra.dot.gov/Page/P0926.
Project sponsors should account for the impact of factors such as
inflation as the applicant prepares their scope, schedule, and budget.
The minimum 20 percent non-federal share may be comprised of public
sector (e.g., State or local) or private sector funding. FRA will not
consider any federal financial assistance, or any non-federal funds
already expended (or otherwise encumbered) toward the matching
requirement, unless such sources are compliant with 2 CFR part 200. In-
kind contributions, including the donation of services, materials, and
equipment, may be credited as a project cost in a uniform manner
consistent with 2 CFR 200.306. In addition, applicants may count costs
incurred for Preliminary Engineering associated with Highway-Rail Grade
Crossing and Pathway-Rail Grade Crossing Improvement Projects as part
of the total project costs. Such costs are eligible as non-federal
share or for reimbursement, even if they were incurred before project
selection for award, consistent with 49 U.S.C. 22909(g). Such costs
must have been incurred no earlier than November 15, 2021, and must be
otherwise compliant with 2 CFR part 200 and the requirements of this
RCE Program.
Funding under this NOFO may not be used for costs that are included
in or used to meet cost sharing or matching requirements of any other
federally financed award or program. If the applicant is seeking
additional funding for a project that has already received federal
financial assistance, costs associated with the scope of work for the
existing federal award are not eligible for funding under this NOFO.
Only new scope elements/activities (e.g., new deliverables) are
eligible for funding under this NOFO.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See section D(2)(a)(iii)
of this NOFO for required application information on non-federal match
and section E for further discussion of FRA's consideration of matching
funds in the review and selection process. FRA will approve pre-award
costs incurred after announcement of awards consistent with 2 CFR
200.458, as applicable. See section D(6). Cost sharing or matching may
be used only for eligible expenses for authorized Federal award
purposes.
All contracts for projects financed with federal funds will be
subject to applicable federal requirements. Applicants that have
entered into contracts for a proposed project prior to award must
ensure that applicable federal requirements are included in the
contract in the event the project is selected and federal funds are
obligated.
3. Eligible Projects
a. The Following Are Eligible Under This NOFO
The following Highway-Rail or Pathway-Rail Grade Crossing
Improvement Projects (including acquiring real property interests) that
focus on improving the safety and mobility of people and goods are
eligible for funding under 49 U.S.C. 22909(d) and this NOFO:
i. Grade separation or closure, including through the use of a
bridge, embankment, tunnel, or combination thereof;
ii. Track Relocation;
iii. The improvement or installation of protective devices,
signals, signs, or other measures the improve safety, provided that
such activities are related to a separation or relocation project
described in paragraph (i) or (ii);
iv. Other means to improve the safety and mobility of people and
goods at highway-rail grade crossings (including technological
solutions); \5\
---------------------------------------------------------------------------
\5\ Highway-Rail Grade Crossing Safety Information and Education
Programs are eligible under this category. FRA generally interprets
this project eligibility category to relate to projects that
directly improve safety and mobility at existing at-grade crossing
locations.
---------------------------------------------------------------------------
v. A group of related projects described in paragraphs (i) through
(iv) that would collectively improve the mobility of people and goods;
or
vi. The planning, environmental review, and design of an eligible
project described in paragraphs (i) through (v).
Consistent with 49 U.S.C. 22909(j)(1), grants under the RCE Program
are not subject to the limitation in 49 U.S.C. 22905(f) and may
therefore be awarded for commuter rail passenger transportation
projects. Consistent with 49 U.S.C. 22909(j)(2), FRA will transfer such
projects to the Federal Transit Administration to administer.
b. Project Component
If an applicant requests funding for a component or set of
components of a larger Capital Project, the project component(s)
included in the application must be attainable with the award amount
and comply with all eligibility requirements described in section C. In
addition, the component(s) must enable independent analysis and
decision making, as determined by FRA, under NEPA (i.e., have
independent utility, connect logical termini, and not restrict the
consideration of alternatives for other reasonably foreseeable rail
projects).
c. Application Tracks
Applicants are not limited in the number of projects for which they
seek funding. FRA generally evaluates applications in Tracks based on
the Lifecycle Stages of a Capital Project. While applications covering
multiple Lifecycle Stages are not precluded, FRA generally expects that
applications identify only one of the following tracks for an eligible
proposed project:
Track 1--Project Planning;
Track 2--Project Development;
Track 3--Final Design (FD)/Construction.
FRA strongly encourages applicants to seek funding for the
appropriate Lifecycle Stage of a Capital Project, consistent with these
application tracks.
[[Page 56793]]
To the extent possible, applicants should describe their projects
consistent with FRA's Capital Projects Guidance, which provides a
detailed description of each Lifecycle Stage and its required
activities: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
If an application seeks funding under more than one application
Track for multiple Lifecycle Stages, FRA may award funds for the
application Track and corresponding Lifecycle Stage(s) it determines
most appropriate based on project readiness information. Applicants are
directed to identify the project components and estimated amount of
federal funding requested for each Lifecycle Stage. If an application
selected for award includes multiple Lifecycle Stages, FRA will require
the grantee to complete the Lifecycle Stages in the order consistent
with FRA's Capital Projects Guidance.
i. Track 1--Project Planning: Track 1 consists of Project Planning
specific to an eligible Capital Project. Example activities for Project
Planning include: the development of a purpose and need statement;
completion of conceptual engineering and other design; documentation
showing that project alternatives were considered; completion of an
environmental resource inventory and potential environmental concerns
analysis; scale design drawings; public and stakeholder involvement;
completion of an order-of-magnitude project cost estimate; and for
Major Projects, completion of an initial Project Management Plan.
Project Planning projects funded under this NOFO must be sufficiently
developed when complete to support Project Development activities.
FRA strongly encourages Track 1 Planning projects given the RCE
Program's dedicated set-aside funding for planning activities. Please
note that, pursuant to 49 U.S.C. 22909(d)(6), the minimum award
requirement of $1,000,000 does not apply to applications for awards
that fund only activities consistent with the Project Planning
Lifecycle Stage. Consistent with Section A.2 of this NOFO, FRA intends
to prioritize Planning projects that seek to grade separate one or more
grade crossings.
ii. Track 2--Project Development: Track 2 consists of projects for
eligible Project Development activities. Example activities include:
completion of PE and architectural or other design; PE drawings and
specifications (scale drawings at the 30 percent design level,
including track geometry as appropriate); design criteria, schematics
and/or track charts that support the development of PE; work that can
be funded in conjunction with developing PE, such as operations
modeling, surveying, project work/management plans, preliminary cost
estimates, and preliminary project schedules; completion of
environmental review; and completion of applicable project management
documentation (such as a Project Management Plan, schedule, capital
cost estimate, and financial plan). Project Development projects funded
under this NOFO must first demonstrate completion of Project Planning
elements prior to Project Development funds being awarded and be
sufficiently developed when complete to support FD or Construction
activities.
iii. Track 3--Final Design (FD)/Construction: Track 3 consists of
projects for eligible FD and Construction activities. Applicants must
complete all necessary Planning and Project Development stages,
including PE and NEPA requirements, prior to moving to the FD/
Construction stage of a project. FD activities may include completion
of the FD documentation, acquisition of right-of-way,\6\ resolving
remaining uncertainties or risks associated with changes to the design
and scope of the Capital Project; addressing procurement processes; and
updating/completing the applicable project management documentation
(such as a Project Management Plan, schedule, capital cost estimate,
and financial plan).\7\ Construction activities may include physical
construction and installation of the Capital Project, including
procurement and manufacturing of vehicles and equipment, project
administration, testing of equipment (e.g., signal equipment and
rolling stock), systems integration testing, workforce training, system
certification, procurement of insurance, provision of warrantees, pre-
revenue service, and start-up testing. Prior to obligation, applicants
selected for funding for FD/Construction must demonstrate completion of
applicable Systems Planning and Project Planning and Project
Development activities, consistent with FRA's Capital Projects
Guidance.
---------------------------------------------------------------------------
\6\ FRA will only award funds for right-of-way (ROW)/property
acquisition activities if the proposed project also includes
construction activities consistent with the Construction Lifecycle
Stage. FRA will not fund ROW acquisition activities independently or
if proposed project only includes pre-construction activities or
Lifecycle Stages (i.e., Project Planning, Project Development, or
Final Design).
\7\ Applicants selected for funding are encouraged to submit the
following before obligation: an updated Project Management Plan
(including a schedule, capital cost estimate, and financial plan),
as grantees will be expected to develop a Project Management Plan
under the grant agreement. See FRA's Capital Projects Guidance,
Section V--Project Management for additional information.
---------------------------------------------------------------------------
d. Rural or Tribal Lands Project
FRA will consider a project to be in a Rural Area or on Tribal
Lands if all or the majority of the project (determined by geographic
location(s) where the majority of the project funds will be spent) is
located in a Rural Area or on Tribal Lands. However, in the event FRA
elects to fund a component of the project, then FRA will reevaluate
whether the project is in a Rural Area or on Tribal Lands.
D. Application and Submission Information
Required documents for the application are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application for the application to be reviewed by
FRA. An applicant that fails to submit all required documentation prior
to the closing period of the notice may have its application deemed
incomplete and will not advance to evaluation review. See section D(2)
for the required documents and information for an application package.
FRA welcomes the submission of additional relevant supporting
documentation, such as planning, engineering, and design documentation,
and letters of support from partnering organizations, which will not
count against the Project Narrative 25-page limit.
1. Address To Request Application Package
Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their
entirety through https://www.Grants.gov no later than 11:59 p.m. EST,
on September 23, 2024. Applicants must complete an Authorized
Organization Representative (AOR) profile on www.Grants.gov and create
a username and password. Additional information about the registration
process is available at: https://www.grants.gov/applicants/applicant-registration.
Applicants are strongly encouraged to apply early to ensure that
all materials are received before the application deadline. FRA
reserves the right to modify this deadline. General information for
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a
[[Page 56794]]
disability. If you require an alternative version of files provided or
paper copies of materials, please contact Ms. Laura Mahoney, Office of
the Chief Financial Officer, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590; email: dot.gov">laura.mahoney@dot.gov;
or telephone: 202-578-9337.
The E-Biz point of contact (E-Biz POC) at the applicant's
organization must respond to the registration email from Grants.gov and
login at www.Grants.gov to authorize the applicant as the AOR. Please
note there can be more than one AOR for an organization.
---------------------------------------------------------------------------
\8\ The amount requested from the RCE program on the SF-424 is
the official record of request, and therefore must be consistent
with the amount requested in the Project Narrative and Statement of
Work documents, including the breakdown of Federal and non-Federal
sources. For applications with discrepancies, FRA will defer to the
funding amount in the SF-424.
---------------------------------------------------------------------------
If an applicant has difficulty at any point during this process,
please call the Grants.gov Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on federal holidays). For
information and instructions on each of these processes, please see
instructions at: https://www.grants.gov/support.
2. Content and Form of Application Submission
FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information and components of the
application package to be considered for funding. Applications that are
not submitted on time or do not contain all required documentation will
not be considered for funding. To support the application, applicants
may provide additional relevant and available optional supporting
documentation that may have been developed by the applicant, especially
such documentation that provides evidence of completion of the
appropriate Lifecycle Stage(s) of a Capital Project. Additionally,
applicants selected to receive funding must satisfy the requirements in
49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and
conditions explained in part at https://www.fra.dot.gov/page/P0185 and
further in section F.2 of this notice.
Required documents and information for an application package
include the following:
------------------------------------------------------------------------
Application information NOFO section for guidance
------------------------------------------------------------------------
Project Narrative.......................... See D.2.a.
Statement of Work (SOW), project budget, See D.2.b.i.
estimated project schedule, and
performance measures.
Environmental Compliance Documentation..... See D.2.b.ii.
Draft Agreement required under 49 U.S.C See D.2.b.iii.
22905(c)(1), if applicable.
SF 424--Application for Federal Assistance See D.2.b.iv.
\8\.
SF 424A--Budget Information for Non- See D.2.b.v.
Construction or SF 424C--Budget
Information for Construction.
SF 424B--Assurances for Non-Construction or See D.2.b.vi.
SF 424D--Assurances for Construction.
FRA's F 30--Certifications Regarding See D.2.b.vii.
Debarment, Suspension and Other
Responsibility Matters, Drug-Free
Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial Capability See D.2.b.viii.
Questionnaire.
SF LLL--Disclosure of Lobbying Activities, See D.2.b.ix.
if applicable.
------------------------------------------------------------------------
a. Project Narrative
This section describes the minimum content the applicant is
required to provide in the Project Narrative section of the grant
application. The Project Narrative must follow the basic outline below
to address the program requirements and assist evaluators in locating
relevant information.
------------------------------------------------------------------------
------------------------------------------------------------------------
I. Cover Page.............................. See D.2.a.i.
II. Project Summary........................ See D.2.a.ii.
III. Grant Funds, Sources and Uses of See D.2.a.iii.
Project Funds.
IV. Applicant Eligibility Criteria......... See D.2.a.iv.
V. Project Eligibility Criteria............ See D.2.a.v.
VI. Detailed Project Description........... See D.2.a.vi.
VII. Highway-Rail Grade Crossing Safety See D.2.a.vii.
Information and Education Programs.
VIII. Project Location..................... See D.2.a.viii.
IX. Grade Crossing Information............. See D.2.a.ix.
X. Safety Benefit.......................... See D.2.a.x.
XI. Evaluation and Selection Criteria...... See D.2.a.xi.
XII. Project Implementation and Management. See D.2.a.xii.
------------------------------------------------------------------------
[[Page 56795]]
The applicant must provide the content listed above in a narrative
statement. The Project Narrative may not exceed 25 pages in length
(excluding cover pages, table of contents, and supporting
documentation). When possible, applicants should submit supporting
documents via website links rather than hard copies. If supporting
documents are submitted, applicants must clearly identify the relevant
portion of the supporting document with the page numbers of the cited
information in the Project Narrative. The Project Narrative must adhere
to the following outline.
i. Cover Page: include a cover page that lists the following
elements in either a table or formatted list:
------------------------------------------------------------------------
------------------------------------------------------------------------
Project Title..............................
Applicant Name.............................
------------------------------------------------------------------------
FUNDING
------------------------------------------------------------------------
Amount of RCE Program Funding Requested $:
under this NOFO.
Amount of Proposed Non-Federal Match....... $:
Does some or all of the proposed Non- If yes, how much?
Federal Match for the total project cost
consist of Preliminary Engineering costs
incurred before project selection (but
after November 15, 2021)?
Other Sources of Federal funding, if Provide funding source and
applicable. amount $:
Source(s) of Proposed Non-Federal Match....
If applicable, are set-aside funds Yes/No. If yes, please
requested? Is the project eligible for a specify which one
funding set-aside in Section B.1? [Planning Projects, Safety
Information and Education
Program, Rural or Tribal
Set-Aside].
If ``Yes,'' amount of set-aside funds $:
requested:.
Total Project Cost......................... $:
------------------------------------------------------------------------
PREVIOUS FEDERAL GRANTS
------------------------------------------------------------------------
Was a Federal Grant Application Previously Yes/No. If yes, please
Submitted for this Project?. specify the program,
funding year and project
title of the previous
application, and identify
any differences between
the applications.
------------------------------------------------------------------------
LOCATION
------------------------------------------------------------------------
City(ies), County(ies), State(s) Where the
Project is Located.
Is the Project Located in a Rural Area or Yes/No.
on Tribal Lands?.
If the Project is located in a Rural Area Yes/No.
or Tribal Land, is the Project Located in
a county with 20 or fewer residents per
square mile, according to the most recent
decennial census?
Congressional District(s) Where the Project
is Located.
------------------------------------------------------------------------
APPLICATION TRACKS/PROJECT LIFECYCLE STAGES
------------------------------------------------------------------------
Application Track(s) proposed to be funded
by this NOFO?
Lifecyle Stage(s) proposed to be funded by
this NOFO?
Current Lifecycle Stage and Anticipated
completion of current Lifecycle Stage?
------------------------------------------------------------------------
RAIL LINE INFORMATION
------------------------------------------------------------------------
Is the Project located on real property Yes/No. If yes, list real
owned by someone other than the applicant?. property owners and the
nature of the property
interest.
Host Railroad/Infrastructure Owner(s) of
Project Assets;
Other impacted Railroad(s).................
Tenant Railroad(s), if applicable..........
If applicable, is a 49 U.S.C. 22905- Yes/No/Pending.
compliant Railroad Agreement executed or
pending?.
------------------------------------------------------------------------
PLANNING CONSIDERATIONS
------------------------------------------------------------------------
Is the project currently programmed in ANY Yes/No. If yes, please
medium- or long-range planning document: specify.
For example, State rail plan, or
interregional intercity passenger rail
systems planning study, State Freight
Plan, TIP, STIP, MPO Long Range
Transportation Plan, State Long Range
Transportation Plan, etc.?
Is the project located on a potential Yes/No. If yes, please
corridor selected for the Corridor specify the corridor(s).
Identification and Development Program?
\9\
------------------------------------------------------------------------
ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project. Include challenges the proposed project aims to
address and summarize the intended outcomes and anticipated benefits
that will result from the proposed project.
---------------------------------------------------------------------------
\9\ For more information about selected Corridors under the
Corridor Identification Program, please visit: https://railroads.dot.gov/elibrary/fy22-CID-program-selections.
---------------------------------------------------------------------------
iii. Grant Funds, Sources and Uses of Project Funds: Project
budgets should show how different funding sources will fund project
activities and present the data in dollars and percentages. The budget
should identify other federal funds the applicant is applying for or
has been awarded, if any, or intends to use. Funding sources should be
grouped into three categories: RCE request, non-federal, and other
federal with specific amounts for each funding source. If other federal
funding is proposed as match, demonstrate the applicant's determination
of eligibility for such use,
[[Page 56796]]
and the legal basis for that determination. If federal funding for the
project is currently or has previously been sought, identify the
federal program and fiscal year of the funding request(s), as well as
highlight new or revised information in the application responsive to
this NOFO that differs from the application(s) to other financial
assistance programs.
As shown in the table format below, the applicant should indicate
the amount in dollars and percentages of RCE Program funding requested,
the amount of non-federal match, source(s) for all non-federal
match,\10\ other federal funds (if applicable), and the total project
cost. FRA may not award more funding for a project than is requested in
an application.
---------------------------------------------------------------------------
\10\ Applicants should submit evidence of the availability of
non-Federal funds, which may include a board resolution, letter of
support from the State, a budget document highlighting the line item
or section committing funds to the proposed project. The applicant
may provide this documentation in an appendix. Documentation of
previous and recent local investments in the project may evidence of
local financial commitment project, but cannot be used to satisfy
non-Federal matching requirements. Any funding commitment letters
must be signed by an authorized representative of the entity
providing a non-Federal match.
---------------------------------------------------------------------------
The applicant should itemize funding by project Lifecycle Stage(s)
and by project activity. For a Major Project, applicants are encouraged
to provide an annualized budget in year of expenditure dollars. Project
budget information must be consistent throughout all application
materials, specifically the Standard Form (SF) 424, Project Narrative,
Statement of Work, and funding commitment letters.\11\ The project
budget should be specific to the project scope described in the
applicant's request for funding under this NOFO. If the project
proposed to be funded under this NOFO is part of a larger scope, the
applicant may reference the larger scope in the Project Narrative but
should only include the project scope proposed to be funded under this
NOFO within the budget table.
---------------------------------------------------------------------------
\11\ If there is a discrepancy between materials, FRA will defer
to the funding amounts shown in the applicant's SF 424 as the amount
requested for funding.
---------------------------------------------------------------------------
If applicable, the applicant should explain if the RCE Program
request or other funds must be obligated or spent by a certain date.
If applicable, the applicant should provide the type and estimated
value of any proposed in-kind contributions, as well as explain how the
contributions meet the requirements in 2 CFR 200.306. If the applicant
is requesting set-aside funds per section B(1), identify the dedicated
activities and amount requested within the budget table.
Example Project Funding Table: Applicants may use the following
table to describe project funding, and may use additional rows and
columns, or additional project funding tables, as appropriate.
----------------------------------------------------------------------------------------------------------------
Source of
Task name Percentage of funds and
Task No. project Cost total cost citation, as
component applicable
----------------------------------------------------------------------------------------------------------------
1.....................................
2.....................................
-------------------------------------------------------
Total Project Cost....................................
Federal Funding Requested in this Application (RCE
Program Request).
Total Non-Federal Match...............................
Non-Federal Funding (State)........................... Cash:
In-Kind:
Non-Federal Funding (Private Sector).................. Cash:
In-Kind:
Non-Federal Federal Funding (Local)................... Cash:
In-Kind:
Other Committed Federal Funding \12\ (e.g., Federal
Highway Administration, congressionally directed/
earmark, other FRA grant program funds--including
previous RCE grants, etc.).
Note: If there are multiple sources of other federal
funding, please break funding down by each source.
Other Pending Federal Funding Requests \13\...........
Amount (if any) of funding request eligible for set-
aside funds as described in section B(1) (Planning,
Rural/Tribal set-aside, or Highway-Rail Grade
Crossing safety information and education programs).
Portion of Total Project Costs Spent in a Rural Area,
if applicable.
Does some or all the proposed Non-Federal Match for If yes, how much?
the total project cost consist of Preliminary
Engineering costs incurred before project selection
(but after November 15, 2021)? \14\.
----------------------------------------------------------------------------------------------------------------
iv. Applicant Eligibility Criteria: In this section, the applicant
must explain how it meets the applicant eligibility criteria outlined
in section C of this NOFO and include citations to appropriate
authorities that demonstrate the applicant's eligibility to receive
federal funds. For example, if the applicant is a political subdivision
of a State, public agency or publicly chartered authority established
by one or more States, the applicant should provide relevant
legislative language, including citations to the applicable enabling
legislation, that demonstrate the applicant's legal status. Applicants
that fail to adequately demonstrate their
[[Page 56797]]
legal status may be found ineligible and their application will not be
reviewed.
---------------------------------------------------------------------------
\12\ For other Federal funding sources proposed as match, the
applicant should explain why the Federal funds are eligible as match
and the legal basis for that determination.
\13\ For other Federal funds that will be used for the project,
the applicant should identify the Federal program and fiscal year of
the funding request(s), as well as highlight new or revised
information in the application responsive to this NOFO that differs
from the application(s) to other financial assistance programs.
\14\ If seeking to use Preliminary Engineering costs as match
for a Highway-Rail and Pathway-Rail Grade Crossing Improvement
Project or trespassing prevention projects, please identify the
costs incurred before project selection (but after November 15,
2021).
---------------------------------------------------------------------------
v. Project Eligibility Criteria: Explain how the proposed project
meets the project eligibility criteria in section C(3) of this NOFO.
vi. Detailed Project Description: In this section, the applicant
must provide a detailed project description that expands upon the brief
project summary. This detailed description should provide, at a
minimum: additional background on the challenges the project aims to
address; a summary of current and proposed railroad operations in the
project area and service frequency, which should include identification
of all railroad owners and operators; typical daily, weekly, or annual
train counts by operator; the primary expected project outcomes such as
increased safety outcomes or reduced delays, improved rail network
asset condition and performance, or similar outcomes and benefits; the
expected users and beneficiaries of the project, including all railroad
operators; the specific components and elements of the project; and any
other information the applicant deems necessary to justify the proposed
project. Applicants should specify whether the project will result in
the elimination of one or more grade crossings. Provide detailed
descriptions on the proposed improvement to each grade crossing
included in the application. For all projects, applicants must provide
information about proposed performance measures, as described in
section F(3) and required in 2 CFR 200.301.
vii. Highway-Rail Grade Crossing Safety Information and Education
Programs: For these projects, specify how the program will enhance
education and informational outreach to help prevent and reduce
pedestrian, motor vehicle and other accidents, incidents, injuries, and
facilities, and how the program will help improve awareness along
railroad rights-of-way and at Highway-Rail Grade Crossings. FRA expects
that activities to promote further awareness of grade crossing safety
will be based on existing best practices and such efforts will be
implemented in a comprehensive manner through coordination with
relevant stakeholders.
viii. Project Location: Applicants must include geospatial data for
the project, as well as a map of the project's location. Geospatial
data must be expressed in decimal degrees for latitude and longitude
with at least five decimal places of precision. If the project includes
a length of track or corridor development, the start and end
coordinates for each corridor or segment must be provided. Milepost,
railroad, and subdivision identifiers can also be provided but must be
accompanied by corresponding latitudes and longitudes. For projects
with multiple locations, the corresponding geospatial data must be
included for each location, with individual columns for latitude and
longitude, in table form as an attachment to the application. On the
map, include the Congressional districts in which the project will take
place.
ix. Grade Crossing Information: Cite specific US DOT National Grade
Crossing Inventory information for each grade crossing to be addressed
in the proposed application, including the US DOT grade crossing
inventory number. Include latitude and longitude coordinates for each
grade crossing location, the railroad that owns the infrastructure (or
the crossing owner, if different from the railroad), the primary
railroad operator, and the roadway at the crossing. To find US DOT
grade crossing inventory number(s) and location(s), please visit:
https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search. For projects involving Pathway-Rail
Grade Crossings that do not have US DOT grade crossing inventory
numbers or data, please provide as much locational data as possible.
List the following details for each grade crossing involved in the
application scope of work, either in the following table format within
the Project Narrative or, if more space is needed, in a separate,
unlocked Excel file attachment (the table will not count against the
25-page Project Narrative page limit). Please include, to the best of
the applicant's ability, specific US DOT National Grade Crossing
Inventory information that may combine information requested under both
this section and E.2.a.viii ``Grade Crossing Information,'' including:
a. US DOT grade crossing inventory number;
b. The proposed improvement requested in the application, using
``new, separated, closed, or improved'' to describe proposed
improvement (such as gate additions, lights, etc.);
c. The primary railroad operator;
d. The railroad that owns the infrastructure (or the crossing
owner, if different from the railroad); and
e. The roadway at the crossing with location latitude and longitude
coordinates.
Example Table 1. In Project Narrative or attached as an appendix in
unlocked Excel file format:
* Example Table 1--Grade Crossing Information for Proposed Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
Latitude coordinates Longitude coordinates
(at least five (at least five
US DOT grade crossing inventory # Proposed improvement Rail operator(s) Railroad owner decimal places of decimal places of
precision) precision)
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
x. Safety Benefit Data: Applicants are strongly encouraged to
submit safety justifications for the project that rely on standardized,
objective safety metrics and data, if available, including data from
sources such as: GradeDec.Net; National Risk Index; 49 CFR part 234;
safety metrics found in Appendix D of 49 CFR part 222; the FRA crossing
incident dashboard (FRA Safety Data & Reporting [verbar] FRA
(dot.gov)); or other relevant safety data or metrics. FRA will analyze
data for each grade crossing, including information and data detailing
the history of each crossing's incident history for the past five
calendar years (2019-2023), to demonstrate the existing level of risk
for each grade crossing proposed for improvement, as well as other
tools and measures to better inform selection evaluation.\15\
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\15\ Applicants can review the history of highway-rail crossing
incidents relevant to their project on FRA's public safety website:
https://safetydata.fra.dot.gov/OfficeofSafety/publicsite/crossing/crossing.aspx or https://data.transportation.gov/dataset/Highway-Rail-Grade-Crossing-Accident-Data-Form-57-/aeeh-bp8c/explore.
---------------------------------------------------------------------------
viii. Evaluation and Selection Criteria: The applicant must include
a thorough discussion of how the proposed project meets the evaluation
and selection criteria. As described in section E, FRA will evaluate
applications based on project readiness, technical merit, and project
benefits, and will consider how the applicant's project aligns with the
[[Page 56798]]
Administration Priorities. If an application does not sufficiently
address the evaluation criteria and the selection criteria, it is
unlikely to be a competitive application. Applicants are expected to
follow the directions and format requested in this NOFO, and adherence
to these directions will be considered in evaluations. Applicants are
encouraged to include quantifiable railroad data, such as information
on delay, failure or safety incidents, daily train movement, or similar
metrics, and should include qualitative data on accessibility
improvements to either new or existing assets. To the extent feasible,
such railroad metrics should be provided and analyzed discretely for
intercity passenger rail and, if applicable, Commuter Rail Passenger
Transportation and freight rail transportation services involved in the
proposed project. For more information on performance metrics see FRA's
Metrics and Minimum Standards for Intercity Passenger Rail Service,
available at: https://railroads.dot.gov/elibrary/metrics-and-standards-final-rule-november-16-2020.
xiii. Project Implementation and Management: Applicants must
describe proposed project implementation and project management
arrangements. Include descriptions of the expected arrangements for
project contracting (construction, maintenance, and operation),
contract oversight and control, change-order management, risk
management, and conformance to federal requirements for project
progress reporting (see FRA Reports, available at: https://www.fra.dot.gov/Page/P0274). Further, applicants must provide their
plan for taking affirmative steps to employ small businesses consistent
with 2 CFR 200.321. Describe experience in managing and overseeing
similar projects; the technical qualifications and demonstrated
experience of key personnel proposed to lead and perform the technical
efforts; and the qualifications of the primary and supporting
organizations to fully and successfully execute the proposed project
within the proposed timeframe and budget, including a discussion of the
factors in 2 CFR 200.206(b) and the proposed approach to assessing and
mitigating project risk.
b. Additional Application Elements
Applicants must submit the following documents and forms. Note, the
Standard OMB Forms needed for the electronic application process are
available at: www.Grants.gov.
i. A Statement of Work (SOW), addressing the scope, project budget,
estimated project schedule, and performance measures, for the proposed
project if it were selected for award. The applicant should include
sufficient detail in those documents so that FRA can understand the
expected outcomes of the proposed work to be performed and can monitor
progress toward completing project tasks and deliverables during a
prospective grant's period of performance. Applicants are expected to
include Articles 4-7 of Attachment 2: Project Specific Terms and
Conditions, at a minimum.\16\ Applications that do not follow this
format may be considered incomplete and may not be reviewed. In
addition, FRA encourages applicants submitting planning projects to
look at the planning-specific Statement of Work template available
here: https://railroads.dot.gov/elibrary/RCE-Grant-Project-Planning-SOW-sample.
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\16\ https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------
When preparing the budget, the total cost of a project must be
based on the best available information as indicated in cited
references that include engineering studies, economic feasibility
studies, environmental analyses, and information on the expected use of
equipment or facilities. Applicants must include annual budget
estimates in year of expenditure dollars for the duration of the
project.
ii. Environmental compliance documentation, as applicable, if a
website link to such documentation is not provided in the Project
Narrative.
Applicants should explain what Federal (and, if appropriate, State,
Tribal, and local) environmental compliance and permitting requirements
have been completed. Such requirements include NEPA and other Federal,
State, Tribal, and local environmental permitting requirements, if
applicable. For all other Federal, State, Tribal, and local permitting
requirements, the applicant should describe which permits apply, the
status of those reviews, and the expected timeline for completion. If
the NEPA process is complete, an applicant should indicate the date of
completion, and provide a website link or other reference to the
documents demonstrating compliance with NEPA, which might include a
final Categorical Exclusion determination documentation, Finding of No
Significant Impact, or Record of Decision. If the NEPA process is not
yet underway, the application should state this. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all NEPA and other environmental
requirements. Additional information regarding FRA's environmental
processes and requirements is located at https://fra.dot.gov/environment.
iii. Draft or finalized agreement required under 49 U.S.C.
22905(c)(1), if applicable. Provide information about the status of
agreements with infrastructure owners. FRA encourages early cooperation
between applicants and any relevant infrastructure owners. Under
section 22905(c)(1), a grant applicant must have entered into a written
agreement with a railroad that owns rights-of-way to be used by the
project (referred to as the 22905 Agreement) prior to grant obligation.
If the agreement is complete at the time of the application, an
applicant should indicate the agreement's effective date, and provide a
website link or attach the agreement as part of the application.
Applicants are also encouraged to provide draft agreements. The written
agreement between the grantee and the railroad should describe use and
ownership, including any compensation for such use; 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 grantee complies with liability requirements
consistent with 49 U.S.C. 28103. For additional guidance see the FRA
Answers to Frequently Asked Questions about Rail Improvement Grant
Conditions under 49 U.S.C. 22905(c)(1): https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
iv. SF 424--Application for Federal Assistance.
v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
vii. FRA F30--Certification Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
[[Page 56799]]
viii. FRA F 251--Applicant Financial Capability Questionnaire,
located at https://railroads.dot.gov/elibrary/fra-f-251.
ix. SF LLL--Disclosure of Lobbying Activities.
Forms needed for the electronic application process are at
www.Grants.gov.
c. Post-Selection Requirements
See section F(2) of this notice for post-selection requirements.
3. Unique Entity Identifier and System for Award Management (SAM)
To apply for funding through Grants.gov, applicants must be
properly registered in SAM before submitting an application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration all as described in detail below.
Complete instructions on how to register and submit an application can
be found at www.Grants.gov. Registering with Grants.gov is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for
an application extension.
FRA may not make a grant award to an applicant until the applicant
has complied with all applicable SAM requirements, and if an applicant
has not fully complied with the requirements by the time the federal
awarding agency is ready to make a federal award, the federal awarding
agency may determine that the applicant is not qualified to receive a
federal award and use that determination as a basis for making a
federal award to another applicant. Late applications, including those
that are the result of a failure to register or comply with Grants.gov
applicant requirements in a timely manner, will not be considered. If
an applicant has not fully complied with the requirements by the
submission deadline, the application will not be considered. To submit
an application through Grants.gov, applicants must follow the
directions below in this subsection.
a. Register With the SAM at www.SAM.gov
All applicants for federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in Grants.gov. The SAM
database is the repository for standard information about federal
financial assistance applicants, grantees, and subrecipients.
Organizations that have previously submitted applications via
Grants.gov are already registered with SAM, as it is a requirement for
Grants.gov registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award, including information on a grantee's immediate and
highest-level owner and subsidiaries, as well as on all predecessors
that have been awarded a federal contract or grant within the last
three years, if applicable. Information about SAM registration
procedures is available at www.SAM.gov.
b. Obtain a Unique Entity Identifier
On April 4, 2022, the Federal government discontinued using DUNS
numbers. The DUNS Number was replaced by a new, non-proprietary
identifier that is provided by the System for Award Management
(SAM.gov). This new identifier is called the Unique Entity Identifier
(UEI), or the Entity ID. To find or request a Unique Entity Identifier,
please visit: www.SAM.gov.
c. Create a Grants.gov Username and Password
Applicants must complete an Authorized Organization Representative
(AOR) profile on www.Grants.gov and create a username and password.
Applicants must use the organization's UEI to complete this step.
Additional information about the registration process is available at:
https://www.grants.gov/applicants/applicant-registration.
d. Acquire Authorization for Your AOR From the E-Business Point of
Contact (E-Biz POC)
The E-Biz POC at the applicant's organization must respond to the
registration email from Grants.gov and login at www.Grants.gov to
authorize the applicant as the AOR. Please note there can be more than
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This
NOFO
If an applicant has trouble at any point during this process,
please call the Grants.gov Customer Center Hotline at 1-800-518-4726,
24 hours a day, 7 days a week (closed on Federal holidays). For
information and instructions on each of these processes, please see
instructions at: https://www.grants.gov/support.
4. Submission Dates and Times
Applicants must submit complete applications to www.Grants.gov no
later than 11:59 p.m. EST, September 23, 2024. Applicants will receive
a system-generated acknowledgement of receipt. FRA reviews
www.Grants.gov information on dates/times of applications submitted to
determine timeliness of submissions. Late applications will be neither
reviewed nor considered, no exceptions. To apply for funding under this
announcement, all applicants are required to be registered as an
organization with Grants.gov. Applicants are strongly encouraged to
apply early to ensure all materials are received before this deadline.
To ensure fair competition for limited discretionary funds, no late
submissions will be reviewed for any reason, including: (1) failure to
complete the Grants.gov registration process before the deadline; (2)
failure to follow Grants.gov instructions on how to register and apply
as posted on its website; (3) failure to follow all the instructions in
this NOFO; and (4) technical issues experienced with the applicant's
computer or information technology environment.
5. Intergovernmental Review
Intergovernmental Review is required for this program. Applicants
must contact their State Single Point of Contact to comply with their
State's process under Executive Order 12372.
6. Funding Restrictions
Consistent with 2 CFR 200.458, as applicable, FRA will only approve
pre-award costs if such costs are incurred pursuant to the negotiation
and in anticipation of the grant agreement and if such costs are
necessary for efficient and timely performance of the scope of
work.\17\ Under 2 CFR 200.458, grant recipients must seek written
approval from FRA for pre-award activities to be
[[Page 56800]]
eligible for reimbursement under the grant. Activities initiated prior
to the execution of a grant or without FRA's written approval may be
ineligible for reimbursement or matching contribution. Cost sharing or
matching may be used only for authorized Federal award purposes.
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\17\ For more information on pre-award costs, see FRA Answers to
Frequently Asked Questions about Pre-Award Authority, available at:
https://railroads.dot.gov/elibrary/federal-railroad-administration-answers-frequently-asked-questions-about-pre-award.
---------------------------------------------------------------------------
Applicants may count costs incurred for Preliminary Engineering
costs on Highway-Rail and Pathway-Rail Grade Crossing Projects as part
of the total project costs. Consistent with 49 U.S.C. 22909(g), such
costs are eligible as non-federal share or reimbursement, even if they
were incurred before project selection for award. Such costs must have
been incurred no earlier than November 15, 2021, and must be otherwise
compliant with 2 CFR part 200 and the requirements of this NOFO.
7. Other Submission Requirements
Please use generally accepted formats such as .pdf, .doc, .docx,
.xls, .xlsx and .ppt, when uploading attachments. While applicants may
embed picture files, such as .jpg, .gif, and .bmp, in document files,
applicants should not submit attachments in these formats.
Additionally, the following formats will not be accepted: .com, .bat,
.exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, .sys, and
.zip.
E. Application Review Information
1. Criteria
a. Eligibility and Completeness
FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in section C of this
NOFO), completeness (application documentation and submission
requirements are outlined in section D of this NOFO), and the 20
percent minimum non-federal match.
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine project
readiness, technical merit, and project benefits.
i. Project Readiness:
In evaluating Project Readiness, FRA will evaluate project and
applicant risk based on the applicant's preparedness and capacity to
implement the proposed project, including whether the applicant is
reasonably equipped to begin the capital or planning project in a
timely manner to meet its proposed schedule. FRA will evaluate whether
the applicant is able to meet project milestones and use Federal funds
efficiently to deliver the proposed project.\18\
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\18\ Additional information on DOT's Project Readiness checklist
can be found here: https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants.
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FRA will evaluate the application for the degree to which--
(A) The application demonstrates strong project readiness,
evidenced by status of required NEPA actions and environmental
permitting readiness (if applicable);
(B) The status and timeline of agreements, such as an agreement
required under 49 U.S.C. 22905(c)(1), necessary for the legal,
financial, and technical capacity to complete the project as proposed,
are sufficiently developed;
(C) The application identifies the appropriate Lifecycle Stage(s)
for the proposed project, demonstrates that the project has completed
or will complete any preceding Lifecycle Stage(s), and the project is
able to complete all requirements of the identified Lifecycle Stage(s);
and
(D) Project partner coordination and commitments, including letters
of support, agreements, and funding, are secured or able to be secured
without undue delay.
ii. Technical Merit:
In evaluating Technical Merit, FRA will evaluate the degree to
which the application, statement of work, schedule and budget are
reasonable and appropriate to achieve the expected outcomes, commitment
of necessary resources and workforce to deliver the project, and the
proposed project elements are appropriate for the project funding
request. FRA will also consider applicant risk, including the
applicant's past performance in developing and delivering similar
projects.
FRA will evaluate application information for the degree to which--
(A) The tasks and subtasks outlined in the SOW, project budget, and
estimated project schedule are appropriate to achieve the expected
outcomes of the proposed project;
(B) The technical qualifications and experience of key personnel
the applicant proposes to lead and perform the technical efforts,
including the qualifications of the primary and supporting
organizations, demonstrates the ability to fully and successfully
execute the proposed project within the proposed time frame and budget;
(C) The project is identified in the freight investment plan
component of a state freight plan, a state rail plan, a state highway-
rail grade crossing action plan, a state freight plan, or other
equivalent document;
(D) The project will use innovative technologies, innovative design
and construction techniques, or construction materials that reduce
greenhouse gas emissions;
(E) The project will use financial support from impacted rail
carriers; and
(F) The project will improve the mobility of multiple modes of
transportation, including ingress and egress from freight facilities,
or users of nonvehicular modes of transportation such as pedestrians,
bicycles, and public transportation.
iii. Project Benefits:
FRA will evaluate application information for the extent to which
the proposed project--
(A) Improves safety at Highway-Rail or Pathway-Rail Grade
Crossings;
(B) Proposes to grade separate, eliminate, or close one or more
Highway-Rail or Pathway-Rail Grade Crossings;
(C) Improves the mobility of both people and goods;
(D) Reduces emissions, protects the environment, and provides
community benefit (including noise reduction);
(E) Improves access to emergency services;
(F) Improves access to communities;
(G) Provides economic benefit; and
(H) Uses contracting incentives to employ local labor, to the
extent permissible under federal law.
For each evaluation criterion--Project Readiness, Technical Merit,
and Project Benefits--FRA will evaluate whether the application
demonstrates level of risk or responsiveness, as applicable, as
described in the rubrics below.
For each merit criterion, FRA will use rubric ratings with applied
criteria to evaluate whether the applications meet the defined
thresholds:
Merit Criteria Ratings--Project Readiness
For the Project Readiness Criteria described in section E(B)(i),
FRA will evaluate the application's responsiveness to the criteria,
including an assessment of supporting justifications, and assign a
cumulative Project Readiness risk rating.
[[Page 56801]]
----------------------------------------------------------------------------------------------------------------
Unacceptable High risk Medium risk Low risk
----------------------------------------------------------------------------------------------------------------
Application provides limited or no Application provides Application provides Application provides
information necessary to assess the insufficient sufficient information thorough and complete
project readiness criteria; information to assess to assess the project information and
application does not demonstrate the project readiness readiness criteria; evidence to assess the
support, progress, or completion of criteria; application demonstrates support, project readiness
required Lifecycle Stage(s) pre- does not demonstrate progress, or criteria, and
requisites; or application contains sufficient support, completion on one or demonstrates strong
one or more significant barriers progress, or more required support, progress, or
that would prevent project delivery. completion of required Lifecycle Stage(s) pre- completion on required
Lifecycle Stage(s) pre- requisites, but Lifecycle Stage(s) pre-
requisites but indicates some risk to requisites, and
indicates risk to advancing the project indicates minimal risk
advancing the project in a timely manner; to advancing the
without foreseeable and the application project in a timely
delays; or application does not contain a manner; and
contains a barrier barrier that would application does not
that would likely likely prevent project contain a barrier that
prevent project delivery in any of would likely prevent
delivery in any of these areas. project delivery in
these areas. any of these areas.
----------------------------------------------------------------------------------------------------------------
Merit Criteria Ratings--Technical Merit
For the Technical Merit Criteria described in section E(B)(ii), FRA
will evaluate the application's responsiveness to the criteria,
including an assessment of supporting justifications, and assign a
cumulative technical merit rating.
----------------------------------------------------------------------------------------------------------------
Unacceptable Acceptable Responsive Highly responsive
----------------------------------------------------------------------------------------------------------------
Application provides limited or no Application contains Application provides Application provides
information necessary to assess the insufficient sufficient information thorough and complete
technical merit criteria, or information to assess and evidence to assess information and
application demonstrates one or more one or more of the the technical merit evidence to assess the
significant technical challenges technical merit criteria and technical merit
that would prevent the applicant criteria, or demonstrates that the criteria, and
from delivering the project. application applicant can deliver sufficiently
demonstrates technical the project with demonstrates that the
challenges that could minimal technical project can be
affect project challenges. successfully delivered
delivery, but not by the applicant.
prevent the applicant
from delivering the
project.
----------------------------------------------------------------------------------------------------------------
Merit Criteria Ratings--Project Benefits
For the Project Benefits Criteria described in section E(B)(iii),
FRA will evaluate the application's responsiveness to the criteria,
including an assessment of supporting justifications, and assign a
cumulative Project Benefits rating.
----------------------------------------------------------------------------------------------------------------
Unacceptable Acceptable Responsive Highly responsive
----------------------------------------------------------------------------------------------------------------
Application provides insufficient The application Application provides Application provides
information necessary to assess the contains limited sufficient information thorough and complete
project benefits criteria, and does information to assess to assess the project information and
not demonstrate that the project the project benefits benefits criteria, and evidence to assess the
will achieve its intended benefits. criteria; or the adequately project benefits
project is not likely demonstrates that the criteria, and
to achieve all of its project will likely sufficiently
intended benefits. achieve its intended demonstrates that the
benefits. project will achieve
its intended benefits.
----------------------------------------------------------------------------------------------------------------
In addition to the ratings described above, FRA will also apply the
selection preferences described in section E(C)(i) and consider the
Administration Priorities described in section E(2)(c)(ii).
c. Selection Criteria
After completing the merit review, FRA will apply the selection
criteria and consider the Administration Priorities in this section.
i. FRA will give preference to eligible projects that--
(A) result in one or more grade separated crossings;
(B) close grade crossings through Track Relocation; or
(C) result in corridor-wide grade crossing improvements.\19\
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\19\ FRA considers corridor-wide grade crossing improvements to
be projects that directly improve a series of linked, consecutive
grade crossings.
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ii. Administration Priorities
FRA will consider how projects address the following key
Administration Priorities:
Safety: FRA will assess the project's ability to foster a safe
transportation system for the movement of goods and people, consistent
with DOT's strategic goal to reduce transportation-related fatalities
and serious injuries across the transportation system. Such
considerations will include, but are not limited to, the extent to
which the project improves and upgrades infrastructure to achieve a
higher level of safety, reduces incidences of rail-related trespassing,
upgrades infrastructure to achieve a higher level of safety, and uses
an appropriately trained workforce. Overall, FRA expects that projects
will provide positive safety benefits for all users and not negatively
impact safety for all users.
Climate Change and Sustainability: FRA will assess the project's
ability to reduce the harmful effects of climate change and anticipate
necessary improvements to prepare for extreme weather events. Such
considerations may include, but are not limited to, the extent to which
the project reduces emissions, promotes energy efficiency, increases
resiliency, incorporates evidence-based climate resilience measures or
features, and avoids adverse environmental impacts to air or
[[Page 56802]]
water quality, wetlands, and endangered species.
Applicants are encouraged to use the DOT Navigator Climate
checklist in responding to this criterion. Applications that are rated
highly on this criterion will be those that use data-driven and
evidence-based methods to demonstrate that the project will:
Significantly reduce GHG emissions in the transportation
sector; and
Incorporate evidence-based climate resilience measures or
features.
Equity and Justice40: FRA will assess elements including how the
project will create positive outcomes that will reduce, mitigate, or
reverse how a community is experiencing disadvantage through increasing
affordable transportation options, improving health or safety, reducing
pollution, connecting Americans to good-paying jobs, fighting climate
change, and/or improving access to nature, resources, transportation or
mobility, and quality of life. FRA will consider the benefits and
potential burdens a project may create, who would experience them and
how the benefits and potential burdens will impact disadvantaged
communities.
Applicants are strongly encouraged to use the FRA's Justice40 Rail
Explorer Tool (https://usdot.maps.arcgis.com/apps/webappviewer/?id=fd9810f673b64d228ae072bead46f703) to identify the rail
infrastructure in their project and features of the surrounding
community as the basis of their assessment. The FRA Justice40 Rail
Explorer Tool is a rail-specific complement to the USDOT ETC Explorer
and leverages the same methodology and metrics. The FRA Justice40 Rail
Explorer Tool provides GIS information on existing rail infrastructure,
communities, and pollution levels based on the proposed project's
location, and applicants can thus use this tool to note how their
project location scores across several different measures.
Transportation disadvantaged communities experience burden, as a result
of underinvestment in transportation, in the following five components:
Transportation Insecurity, Climate and Disaster Risk Burden,
Environmental Burden, Health Vulnerability, and Social Vulnerability.
Applicants are also encouraged to use Climate & Economic Justice
Screening Tool (CEJST), a new tool by the White House Council on
Environmental Quality (CEQ), that aims to help Federal agencies
identify disadvantaged communities as part of the Justice40 initiative
to accomplish the goal that 40% of benefits from certain federal
investment reach disadvantaged communities. Applicants should use CEJST
to identify disadvantaged communities (Justice40 communities).
Applicants are encouraged to use the USDOT Equitable Transportation
Community (ETC) Explorer to understand how their community or project
area is experiencing disadvantage related to lack of transportation
investments or opportunities. Through understanding how a community or
project area is experiencing transportation-related disadvantage,
applicants are able to address how the benefits of a project will
reverse or mitigate the burdens of disadvantage and demonstrate how the
project will address challenges and accrued benefits.
Workforce Development, Job Quality, and Wealth Creation: FRA will
assess how the project will create good-paying, safe jobs with free and
fair choice to join a union including through the use of a project
labor agreement, promote investments in high-quality workforce
development programs, adopt local and economic hiring preferences for
the project workforce, and promote local inclusive economic and
entrepreneurship programs.
For Administration Priorities, FRA will consider the application's
responsiveness to the criteria, and will result in a rating of ``Non-
responsive, ``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as
described in the rubric below. Applicants do not need to respond to all
of the Administration Priorities if the criterion is not applicable to
the proposed project.
Administration Priorities
For the Administration Priorities Criteria described in section
E(C)(ii), FRA will consider the application's responsiveness to the
criteria, including an assessment of supporting justifications.
----------------------------------------------------------------------------------------------------------------
Non-responsive Acceptable Responsive Highly responsive
----------------------------------------------------------------------------------------------------------------
Application contains insufficient Application contains Application contains Application contains
information to assess any of the limited information sufficient information thorough and complete
Administration Priorities, or that is supported by that is adequately information that is
project is inconsistent with one or some evidence, but supported by both strongly supported by
more of the Administration primarily described quantitative and both quantitative and
Priorities. qualitatively, that qualitative evidence qualitative evidence
the project is that the project has that the project has
consistent with at clear and direct clear, direct, and
least one of the benefits in at least significant benefits
Administration one of the in one or more of the
Priorities. Administration Administration
Priorities. Priorities, and is not
inconsistent with any
of the Administration
Priorities.
----------------------------------------------------------------------------------------------------------------
Upon completion of all reviews, FRA will finalize an Overall Rating
for each application. This rating will be a combination of the results
of the three Merit Criteria reviews, specifically Project Readiness,
Project Benefits, and Technical Merit criteria ratings as described in
sections E(B)(i)-E(B)(iii); and the Administration Priorities as
described in section E(c)(ii). Provided in the Overall Rating Rubric
below, each rating has defined parameters to which each application
will be assessed.
[[Page 56803]]
Overall Rating
----------------------------------------------------------------------------------------------------------------
Not recommended Acceptable Recommended Highly recommended
----------------------------------------------------------------------------------------------------------------
The application received an overall The application The application The application
score of not recommended based on received an overall received an overall received an overall
Project Readiness, Technical Merit, score of acceptable score of recommended score of highly
and Project Benefits ratings, and based on Project based on Project recommended based on
consideration of Administration Readiness, Technical Readiness, Technical Project Readiness,
Priorities. Merit, and Project Merit, and Project Technical Merit, and
Benefits ratings, and Benefits ratings, and Project Benefits
consideration of has clear and direct ratings, and has
Administration benefits in one of the clear, direct, and
Priorities. Administration significant benefits
Priorities. in one or more of the
Administration
Priorities.
----------------------------------------------------------------------------------------------------------------
The evaluation process may draw upon subject matter experts within
FRA Division offices whose expertise is relevant to understanding the
application's responsiveness to the program criteria, such as assessing
the applicant's capacity to successfully deliver the project in
compliance with applicable federal requirements based on factors
including, but not limited to, the recipient's experience working with
federal agencies, previous experience with DOT discretionary grant
awards and/or the technical experience and resources dedicated to the
project. Finally, in determining the allocation of program funds, FRA
may also consider geographic diversity, diversity in the size of the
systems receiving funding, and the applicant's receipt of other
competitive awards.
2. Review and Selection Process
FRA will conduct a five-part application review process, as
follows:
Intake and Eligibility Phase: Screen applications for
applicant and project eligibility, completeness, and the minimum match
(completed by the Evaluation Management and Oversight Team, or
``EMOT,'' comprised of FRA program review directors who manage the pre-
award process);
Evaluation Review Phase: Evaluate remaining applications
against the statutory technical merit criteria, project benefit
criteria, project readiness and the applicant's ability (based on past
performance and relevant project factors) to develop and deliver
similar projects, and alignment with Administration Priorities
(completed by technical merit review panels consisting of FRA and other
Department of Transportation (DOT) staff). The EMOT will compile the
results of the Evaluation Review Phase consistent with the RCE Program
set-asides and selection preferences. After considering all FRA reviews
under the statutory criteria, applications will be assigned an overall
rating of ``Highly Recommended,'' ``Recommended,'' ``Acceptable,'' or
``Not Recommended'';
Steering Committee Phase: The Steering Committee is
comprised of Senior Directors with the Office of Railroad Development,
which may also include senior leadership from the Railroad Office of
Safety and other relevant offices. The EMOT briefs the Steering
Committee on all rated applications, and the Steering Committee may
request more information from FRA offices whose expertise may be
relevant. The Steering Committee provides strategic direction, in line
with program goals outlined in this NOFO, on the development of
materials and approach for the Senior Review Team (SRT) briefing;
Senior Review Phase: The SRT, which may include senior
leadership from the Office of the Secretary and FRA, will review and
apply selection criteria, and recommend an initial selection of
projects for the FRA Administrator's review; and
Selection and Award Phase: The FRA Administrator will
recommend awards for the Secretary or his designee's review and
approval.
3. Reporting Matters Related to Integrity and Performance
Before making a federal award with a total amount of federal share
greater than the simplified acquisition threshold per 2 CFR 200.1 and 2
CFR 200.320, FRA will review and consider any information about the
applicant that is in the designated integrity and performance system
accessible through SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS)). See 41 U.S.C. 2313.
An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
FRA will consider any comments by the applicant, in addition to the
other information, in making a judgment about the applicant's
integrity, business ethics, and record of performance under federal
awards when completing the review of risk posed by applicants as
described in 2 CFR 200.206
F. Federal Award Administration Information 20
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\20\ More information on FRA Discretionary Grant Agreements can
be found at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
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1. Federal Award Notices
FRA will announce applications selected for funding in a press
release and on FRA's website after the application review period. This
announcement is FRA's notification to successful and unsuccessful
applicants alike. Following this announcement, FRA will contact the
point of contact listed in the SF 424 to initiate negotiation of a
project-specific grant agreement. This notification is not an
authorization to begin proposed project activities. FRA requires
satisfaction of applicable requirements by the applicant and a formal
agreement signed by both the grantee and FRA, including an approved
scope, schedule, and budget, before obligating the grant.
2. Administrative and National Policy Requirements
In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees of funds must
comply with all applicable requirements of federal law, including,
without limitation, the Constitution of the United States; the relevant
authorization and appropriations, the conditions of performance,
nondiscrimination requirements, and other assurances made applicable to
the award of funds in accordance with regulations of DOT; and
applicable federal financial assistance and contracting principles
promulgated by the Office of Management and Budget. In complying with
these requirements, grantees must ensure that no concession agreements
are denied, or other contracting decisions made on the basis of speech
or other activities protected by the First
[[Page 56804]]
Amendment. If DOT determines that a grantee has failed to comply with
applicable federal requirements, DOT may terminate the award of funds
and disallow previously incurred costs, requiring the grantee to
reimburse any expended award funds. The new FRA grant agreement
consists of three parts: Attachment 1: Standard Terms and Conditions,
Attachment 2: Project-Specific Terms and Conditions, and Terms and
Conditions Exhibits.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D, 2 CFR 1207.317, and 2 CFR 200.401; compliance with federal
civil rights laws and regulations; disadvantaged business enterprises
requirements; debarment and suspension requirements; drug-free
workplace requirements; FRA's and OMB's Assurances and Certifications;
the Americans with Disabilities Act (ADA); safety requirements; NEPA;
environmental justice; compliance with 49 U.S.C. 24905(c)(2) for the
duration of NEC Projects; and 2 CFR 200.315, governing rights to
intangible property. Projects assisted with funds provided through the
Maglev Grants Program are subject to 49 U.S.C. 5333(a). Unless
otherwise stated in statutory or legislative authority, or
appropriations language, all financial assistance awards follow the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
Assistance under this NOFO is subject to the grant conditions in 49
U.S.C. 22905, including labor protective arrangements that are
equivalent to 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, subject to 49 U.S.C. 22905, the provision deeming operators as
rail carriers and employers for certain purposes, and grantee
agreements with railroad right-of-way owners for projects using
railroad rights-of-way (see section D(2)(a)(viii)(A)(5)).\21\
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\21\ More information on labor protections can be found here:
https://railroads.dot.gov/elibrary/equivalent-labor-protections.
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Projects selected under this NOFO for commuter rail passenger
transportation for positive train control projects may be transferred
to the Federal Transit Administration for grant administration at the
Secretary's discretion. If such a project is transferred to the Federal
Transit Administration, applicants will be required to comply with
chapter 53 of title 49 of the United States Code.
Projects that have not sufficiently considered climate change and
environmental justice in their planning, as determined by FRA, will be
required to do so before receiving funds for construction, consistent
with core policy goals of assessing these potential impacts. For
example, see Executive Order 14008, Tackling the Climate Crisis at Home
and Abroad (86 FR 7619), and Executive Order 14096, Revitalizing Our
Nation's Commitment to Environmental Justice. In the grant agreement,
recipients will be expected to describe activities they have taken or
will take prior to obligation of construction funds to address climate
change and environmental justice (EJ). (See Article 9 of FRA's
Attachment 2: Project-Specific Terms and Conditions for a list of
project activities that address climate change and environmental
justice priorities, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.) Activities that
address climate change include, but are not limited to, demonstrating
the project: will result in significant greenhouse gas emissions
reductions; supports emissions reductions goals in a local/regional/
state plan; improves disaster preparedness and resilience; incorporates
resilience in its design; and primarily focuses on funding for state of
good repair and clean transportation options, including public
transportation, walking, biking, and micro-mobility. Activities that
address environmental justice may include, but are not limited to:
basing project design on consideration of community impacts;
information gained from screening tools such as CEJST, EPA's EJ Screen,
or other appropriate environmental and community impacts tools
developed by a State agency; connecting transportation disadvantaged
communities or other communities with environmental justice concerns
based on information gained from either the screening tools noted above
or FRA's Justice40 Rail Explorer Tool; conducting enhanced, targeted
outreach to potentially affected communities, including disadvantaged
communities; considering environmental justice in alternatives analysis
and final project design; and supporting a modal shift in freight or
passenger movement to reduce emissions or reduce induced travel demand.
Projects must consider and address equity and barriers to
opportunity in their planning, as determined by FRA, and as a condition
of receiving construction funds, consistent with Executive Order 13985,
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government (86 FR 7009). The grant agreement should include
the grantee's description of activities it has taken or will take prior
to obligation of construction funds that address equity and barriers to
opportunity. These activities may include, but are not limited to:
completing an equity impact analysis for the project; completing a
community needs assessment; adopting an equity and inclusion program/
plan; conducting meaningful public engagement to ensure underserved
communities are provided an opportunity to be involved in the planning
process in a manner consistent with Title VI of the Civil Rights Act
(Title VI); including investments that either redress past barriers to
opportunity or that proactively create new connections and
opportunities for underserved communities; hiring from local
communities; improving access to or providing economic growth and
wealth building opportunities for underserved, overburdened, or rural
communities; or addressing historic or current inequitable air
pollution or other environmental, health, or economic burdens and
impacts. (See Article 10 of FRA's Attachment 2: Project-Specific Terms
and Conditions for a list of project activities that address efforts to
improve racial equity and reduce barriers to opportunity, available at:
https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.) While not a
selection criterion to the extent the project includes or is part of a
station area, DOT encourages project sponsors to consider how the
submitted project could develop or facilitate economic development,
including commercial and residential development that enhances the
economic vitality and competitiveness of the surrounding neighborhoods
and region.
To the extent that applicants have not sufficiently considered job
quality and labor rights in their planning, as determined by the
Department of Labor, applicants will be required to do so before
receiving funds for construction, consistent with Executive Order
14025, Worker Organizing and Empowerment (86 FR 22829), and Executive
Order 14052, Implementation of the Infrastructure Investment and Jobs
Act (86 FR 64335). Specifically, the project planning activities and
project delivery actions must support: strong labor
[[Page 56805]]
standards and the free and fair choice to join a union, including
project labor agreements, local hire agreements, distribution of
workplace rights notices, and use of an appropriately trained
workforce; support of high-quality workforce development programs,
including registered apprenticeship, labor-management training
programs, and supportive services to help train, place, and retain
people in good-paying jobs and apprenticeships; and comprehensive
planning and policies to promote hiring and inclusion for all groups of
workers, including through the use of local and economic hiring
preferences, linkage agreements with workforce programs that serve
underrepresented groups, and proactive plans to prevent harassment.
(See Article 11 of FRA's Attachment 2: Project-Specific Terms and
Conditions for a list of project activities that address efforts to
support good-paying jobs and strong labor standards, available at:
https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.)
a. Federal Contract Compliance
As a condition of grant award and consistent with Executive Order
11246, Equal Employment Opportunity (30 FR 12319, and as amended), all
federally assisted contractors are required to make good faith efforts
to meet the goals of 6.9 percent of construction project hours being
performed by women, in addition to goals that vary based on geography
for construction work hours and for work being performed by people of
color. Under section 503 of the Rehabilitation Act of 1973 and its
implementing regulations, affirmative action obligations for certain
contractors include an aspirational employment goal of 7 percent
workers with disabilities.
The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) is charged with enforcing Executive Order
11246, section 503 of the Rehabilitation Act, and the Vietnam Era
Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega
Construction Project Program through which it engages with project
sponsors as early as the design phase to help promote compliance with
non-discrimination and affirmative action obligations. OFCCP will
identify projects that receive an award under this notice and are
required to participate in OFCCP's Mega Construction Project Program
from a wide range of Federally assisted projects over which OFCCP has
jurisdiction and that have a project cost above $35 million. DOT will
require project sponsors with costs above $35 million that receive
awards under this funding opportunity to partner with OFCCP (if
selected by OFCCP) as a condition of their DOT award.
b. Critical Infrastructure Security, Cybersecurity and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against all hazards,
including physical and cyber risks, consistent with Presidential Policy
Directive 21--Critical Infrastructure Security and Resilience, and
National Security Memorandum (NSM-5) on Improving Cybersecurity for
Critical Infrastructure Control Systems. Each applicant selected for
federal funding must demonstrate, prior to signing of the grant
agreement, efforts to consider and address physical and cyber security
risks relevant to the transportation mode and type and scale of the
project. Projects that have not appropriately considered and addressed
physical and cyber security and resilience in their planning, design,
and project oversight, as determined by DOT and the Department of
Homeland Security, will be required to do so before receiving funds.
c. Domestic Preference Requirements
As expressed in Executive Order 14005, Ensuring the Future Is Made
in All of America by All of America's Workers (86 FR 7475), the
executive branch should maximize, consistent with law, the use of
goods, products, and materials produced in, and services offered in,
the United States. Funds made available under this notice are subject
to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy
America) and the Build America, Buy America Act, Public Law 117-58,
70901-52. DOT expects all applicants to comply with the applicable
domestic preference requirements. However, Major Projects applicants
should include a domestic sourcing plan that provides details on the
extent to which the materials covered by the plan are to be imported
and the extent to which such materials can be sourced domestically.
Applicants should also provide an explanation in the plan of the number
of domestic jobs--temporary and permanent--that will be generated by
the project and outline a plan to transition any foreign labor
responsibilities to domestic jobs. Major Projects applicants may also
request a waiver from certain Buy America requirements along with the
domestic sourcing plan.
d. Civil Rights and Title VI
As a condition of a grant award, grant recipients should
demonstrate that the recipient has a plan for compliance with civil
rights obligations and nondiscrimination laws, including Title VI of
the Civil Rights Act of 1964 and implementing regulations (49 CFR part
21), the Americans with Disabilities Act of 1990 (ADA), section 504 of
the Rehabilitation Act, and all other civil rights requirements and
accompanying regulations. This may include a current Title VI plan,
completed Community Participation Plan, and a plan to address any
legacy infrastructure or facilities that are not compliant with ADA
standards. DOT's and FRA's Offices of Civil Rights may work with
awarded grant recipients to ensure full compliance with federal civil
rights requirements.
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring,
and close out requirements. Reports may be submitted electronically.
Pursuant to 2 CFR 170.210, non-federal entities applying under this
NOFO must have the necessary processes and systems in place to comply
with the reporting requirements should they receive federal funding.
b. Additional Reporting
Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards, including 2 CFR 180.335 and 2 CFR 180.350. If the total
value of a selected applicant's active grants, cooperative agreements,
and procurement contracts from all federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of
this federal award, the applicant during that period of time must
maintain the information reported to SAM and ensure it is made
available in the designated integrity and performance system (currently
the Federal Awardee Performance and Integrity Information System
(FAPIIS)) about civil, criminal, or administrative proceedings
described in paragraph 2 of this award term and condition. This is a
statutory requirement under section 872 of Public Law 110-417, as
amended (41 U.S.C. 2313). As required by section
[[Page 56806]]
3010 of Public Law 111-212, all information posted in the designated
integrity and performance system on or after April 15, 2011, except
past performance reviews required for federal procurement contracts,
will be publicly available.
c. Performance and Program Evaluation
Recipients and subrecipients are also encouraged to incorporate
program evaluation, including associated data collection activities
from the outset of their program design and implementation, to
meaningfully document and measure their progress towards meeting an
agency priority goal(s). Title I of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019)
urges Federal awarding agencies and Federal assistance recipients and
subrecipients to use program evaluation as a critical tool to learn,
improve equitable delivery, and elevate program service and delivery
across the program lifecycle. Evaluation means ``an assessment using
systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and
efficiency'' (5 U.S.C. 311). Credible program evaluation activities are
implemented with relevance and utility, rigor, independence and
objectivity, transparency, and ethics (OMB Circular A-11, Part 6
Section 290).
For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation (2 CFR part 200).
d. Performance Reporting
Each applicant selected for funding must collect information and
report on the project's performance using measures mutually agreed upon
by FRA and the grantee to assess progress in achieving strategic goals
and objectives. Examples of some rail performance measures for RCE
funding are listed in the table below. The applicable measure(s) will
depend upon the type of project.
Performance Measure Examples
--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary Secondary
Rail measures Unit measure Temporal administration goal administration goal Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reduced Grade Crossing Incidents... Count................. Annual................ Safety............... Equity and Barriers The number of grade
to Opportunity. crossing incidents
at the grade
crossings addressed
by the project.
Comparison of actual
versus baseline and
expected post-
project number of
incidents.
Reduced blocked crossing times..... Count................. Annual................ Economic Strength.... Safety............... Average amount of
time trains blocks
the grade crossings
addressed by the
project. Comparison
of actual
performance versus
baseline and
expected post-
project performance.
Improved emergency vehicle response Time/Trip............. Annual................ Safety............... Equity and Barriers Measures how
times due to reduced blocked to Opportunity. improvements impact
crossings. emergency service
vehicle response
operations.
Comparison of actual
performance versus
baseline and
expected post-
performance.
Increased percentage of freight Percentage............ Annual................ Economic Strength.... Climate Change....... Increased amount of
transported by rail from freight transported
commercial facility. compared to the
baseline pre-
project.
Average Daily Minutes of Delay..... Average daily minutes Minutes/Day........... Economic Strength.... Equity and Barriers Traffic analysis can
of delay experience to Opportunity. be performed to
by vehicles. determine the
average daily
minutes of delay
experienced by
vehicles compared to
baseline and
expected post-
project performance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
e. Program Evaluation
As a condition of grant award, grantees may be required to
participate in an evaluation undertaken by DOT, or another agency or
partner. The evaluation may take different forms, such as an
implementation assessment across grant recipients, an impact or
outcomes analysis of all or selected sites within or across grantees,
or a benefit/cost analysis or assessment of return on investment. DOT
may require applicants to collect data elements to aid the evaluation.
As a part of the evaluation, and as a condition of award, grantees must
agree to: (1) make records available to the evaluation contractor; (2)
provide access to program records and any other relevant documents to
calculate costs and benefits; (3) in the case of an impact analysis,
facilitate access to relevant information as requested; and (4) follow
evaluation procedures as specified by the evaluation contractor or DOT
staff. For grant recipients, evaluation expenses are allowable costs
(either as direct or indirect), unless prohibited by statute or
regulation, and such expenses may include the personnel and equipment
needed for data infrastructure and expertise in data analysis,
performance, and evaluation (2 CFR part 200).
f. Project Signage and Public Acknowledgements
As a condition of grant award, for construction and non-
construction projects, recipients may be required to post project
signage and to include public acknowledgments in published and other
collateral materials (e.g., press releases, marketing materials,
website, etc.) satisfactory in form and substance to DOT, that
identifies the nature of the project and indicates that ``the project
is funded by the Bipartisan Infrastructure Law.'' In addition,
recipients employing project signage are required to use the official
Investing in America emblem in accordance with the official Investing
in America Emblem Style Guide. Costs associated with signage and public
acknowledgments must be reasonable and limited. Signs or public
acknowledgments should not be produced, displayed, or published if
doing so results in unreasonable cost, expense, or recipient burden.
The recipient is encouraged to use recycled or recovered materials when
procuring signs.
[[Page 56807]]
G. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
FRA NOFO Support program staff via email at dot.gov">FRA-NOFO-Support@dot.gov.
If additional assistance is needed, you may contact Ms. Jenny Zeng,
Transportation Industry Analyst in FRA's Office of Rail Program
Development, by email: dot.gov">Jenny.Zeng@dot.gov or telephone: 857-330-2481.
H. Other Information
All information submitted as part of or in support of any
application must use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If an application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
DOT regulations implementing the Freedom of Information Act (FOIA)
are found at 49 CFR part 7 subpart C--Availability of Reasonably
Described Records under the Freedom of Information Act, which sets
forth rules for FRA to make requested materials, information, and
records publicly available under FOIA. Unless prohibited by law and to
the extent permitted under the FOIA, contents of applications and
proposals submitted by successful applicants may be released in
response to FOIA requests. DOT may share application information within
DOT or with other Federal agencies if DOT determines that sharing is
relevant to the respective program's objectives.
Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024-15061 Filed 7-9-24; 8:45 am]
BILLING CODE 4910-06-P
