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Notice2022-19004

Notice of Funding Opportunity for the Consolidated Rail Infrastructure and Safety Improvements Program

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Published

September 2, 2022

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

This notice details the application requirements and procedures to obtain grant funding for eligible projects under the Consolidated Rail Infrastructure and Safety Improvements Program for Fiscal Year 2022. This notice solicits applications for program funds made available by the Consolidated Appropriations Act, 2022 and the Infrastructure Investment and Jobs Act. This notice also solicits applications for projects under the Magnetic Levitation Technology Deployment Program, funded by the Consolidated Appropriations Act, 2021. The opportunity described in this notice is made available under Assistance Listings Number 20.325, "Consolidated Rail Infrastructure and Safety Improvements," and Assistance Listings Number 20.318, "Maglev Project Selection--SAFETEA- LU."

Full Text

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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54278-54295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19004]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Consolidated Rail
Infrastructure and Safety Improvements Program

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of funding opportunity (NOFO or notice).

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SUMMARY: This notice details the application requirements and
procedures to obtain grant funding for eligible projects under the
Consolidated Rail Infrastructure and Safety Improvements Program for
Fiscal Year 2022. This notice solicits applications for program funds
made available by the Consolidated Appropriations Act, 2022 and the
Infrastructure Investment and Jobs Act. This notice also solicits
applications for projects under the Magnetic Levitation Technology
Deployment Program, funded by the Consolidated Appropriations Act,
2021. The opportunity described in this notice

[[Page 54279]]

is made available under Assistance Listings Number 20.325,
``Consolidated Rail Infrastructure and Safety Improvements,'' and
Assistance Listings Number 20.318, ``Maglev Project Selection--SAFETEA-
LU.''

DATES: Applications for funding under this solicitation are due no
later than 5 p.m. ET, December 1, 2022. Applications that are
incomplete or received after 5 p.m. ET, on December 1, 2022 will not be
considered for funding. See section D of this notice for additional
information on the application process.

ADDRESSES: Applications must be submitted via <a href="http://www.Grants.gov">www.Grants.gov</a>. Only
applicants who comply with all submission requirements described in
this notice and submit applications through <a href="http://www.Grants.gov">www.Grants.gov</a> will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via <a href="http://www.Grants.gov">www.Grants.gov</a> (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Mr. Douglas Gascon, Office of Policy and Planning, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W38-212,
Washington, DC 20590. However, due to delays caused by enhanced
screening of mail delivered via the U.S. Postal Service, applicants are
advised to use other means of conveyance (such as courier service) to
assure timely receipt of materials before the application deadline.

FOR FURTHER INFORMATION CONTACT: For further information related to
this notice, please contact Mr. Douglas Gascon, Office of Policy and
Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Room W38-212, Washington, DC 20590; email: <a href="/cdn-cgi/l/email-protection#9bfff4eefcf7fae8b5fcfae8f8f4f5dbfff4efb5fcf4ed">[email&#160;protected]</a>;
phone: 202-493-0239; or Ms. Deborah Kobrin, Office of Policy and
Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Room W33-311, Washington, DC 20590; email at <a href="/cdn-cgi/l/email-protection#5c38393e332e3d347237333e2e35321c383328723b332a">[email&#160;protected]</a> or
202-420-1281.

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

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

1. Overview

The Consolidated Rail Infrastructure and Safety Improvements
(CRISI) Program is authorized under 49 U.S.C. 22907. The purpose of the
CRISI Program is to invest in a wide range of projects within the
United States to improve railroad safety, efficiency, and reliability;
mitigate congestion at both intercity passenger and freight rail
chokepoints to support more efficient travel and goods movement;
enhance multi-modal connections; and lead to new or substantially
improved Intercity Passenger Rail Transportation corridors. This
program invests in railroad infrastructure projects that improve
safety, support economic vitality (including through small businesses),
create good-paying jobs with the free and fair choice to join a union,
increase capacity and supply chain resilience, apply innovative
technology, and explicitly address climate change, gender equity and
racial equity. The purpose of this notice is to solicit applications
for the competitive CRISI Program provided in Consolidated
Appropriations Act, 2022, division L, title I, Public Law 117-103 (2022
Appropriation) and the advanced appropriation in the Infrastructure
Investment and Jobs Act, division J, title II, Public Law 117-58
(2021).
This NOFO also includes funds for eligible projects under the
Magnetic Levitation Technology Deployment Program (Maglev Grants
Program) and solicits applications for grants for eligible project
costs for the deployment of magnetic levitation transportation
projects, authorized under and funded in the Consolidated
Appropriations Act, 2021, division L, title I, Public Law 116-260 (2021
Appropriation), consistent with the language in section 1307(a) through
(c) of Public Law 109-59 (SAFETEA-LU), as amended by section 102 of
Public Law 110-244 (Technical Corrections Act) (23 U.S.C. 322 note).
Applications for Maglev Grants Program Funding that also seek funding
under the CRISI Program will be evaluated consistent with the selection
criteria for the Maglev Grants Program.
Discretionary grant awards, funded through the CRISI and Maglev
Grants Programs (collectively Programs), will support projects that
improve safety, economic strength and global competitiveness, equity,
and climate and sustainability, and transformation, consistent with the
U.S. Department of Transportation's (DOT) strategic goals.\1\
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\1\ DOT Strategic Plan FY 2022-2026 (March 2022) at <a href="https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf">https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf</a>.
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The Programs will be implemented, as appropriate and consistent
with law, in alignment with the priorities in Executive Order 14052,
Implementation of the Infrastructure Investments and Jobs Act (86 FR
64355), which are to invest efficiently and equitably, promote the
competitiveness of the U.S. economy, improve job opportunities by
focusing on high labor standards, strengthen infrastructure resilience
to all hazards including climate change, and to effectively coordinate
with State, local, Tribal, and territorial government partners.
In addition to improving safety, FRA seeks to fund projects under
the Programs that reduce greenhouse gas emissions and are designed with
specific elements to address climate change impacts. Specifically, FRA
is looking to award projects that align with the President's greenhouse
gas reduction goals, promote energy efficiency, support fiscally
responsible land use and efficient transportation design, increase
climate resilience, support domestic manufacturing, and reduce
pollution.
FRA also seeks to fund projects that address environmental justice,
particularly for communities that disproportionally experience climate
change-related consequences. Environmental justice, as defined by the
Environmental Protection Agency, is the fair treatment and meaningful
involvement of all people regardless of race, color, national origin,
or income, with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies. As part
of the implementation of Executive Order 14008, Tackling the Climate
Crisis at Home and Abroad (86 FR 7619), FRA seeks to fund projects
that, to the extent possible, target at least 40 percent of benefits
towards low-income communities, disadvantaged communities, communities
underserved by affordable transportation, or

[[Page 54280]]

overburdened \2\ communities. For more information, please consult
DOT's disadvantaged communities mapping tool to determine if a proposed
project impacts disadvantaged communities: Transportation Disadvantaged
Census Tracts (<a href="http://arcgis.com">arcgis.com</a>) and at: <a href="https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a">https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a</a>.
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\2\ Overburdened Community: Minority, low-income, tribal, or
indigenous populations or geographic locations in the United States
that potentially experience disproportionate environmental harms and
risks. This disproportionality can be as a result of greater
vulnerability to environmental hazards, lack of opportunity for
public participation, or other factors. Increased vulnerability may
be attributable to an accumulation of negative or lack of positive
environmental, health, economic, or social conditions within these
populations or places. The term describes situations where multiple
factors, including both environmental and socio-economic stressors,
may act cumulatively to affect health and the environment and
contribute to persistent environmental health disparities.
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Additionally, FRA seeks to fund projects that proactively address
racial equity and barriers to opportunity, including automobile
dependence, as a form of barrier, or redress prior inequities and
barriers to opportunity. Section E describes racial equity
considerations that an applicant can undertake, and FRA will consider,
during the review of applications.
In addition to prioritizing projects that address climate change,
proactively address racial equity, and reduce barriers to opportunity,
FRA will also prioritize projects that support the creation of good-
paying jobs with the free and fair choice to join a union and the
incorporation of strong labor standards and worker training and
placement programs, especially registered apprenticeships and local
hire agreements, in development. Projects that incorporate such
planning considerations are expected to support a strong economy and
labor market. Section E describes job creation and labor considerations
that an applicant can undertake, and that FRA will consider, during the
review of applications.
Furthermore, consistent with the Department's Rural Opportunities
to Use Transportation for Economic Success (ROUTES) initiative, the
Department seeks to award funding to rural projects that address
deteriorating conditions and disproportionately high fatality rates and
transportation costs in rural communities.
Section E of this NOFO, which outlines the grant selection
criteria, describes the process for selecting projects that further
these goals. Section F.3 describes progress and performance reporting
requirements for selected projects.

2. Definitions of Key Terms

Terms defined in this section are capitalized throughout this
notice.\3\
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\3\ The definitions used in this Notice are consistent with
FRA's Draft Guidance on Development and Implementation of Railroad
Capital Projects, currently available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(docket number FRA-2022-0035). The Draft Guidance may be subject to
change.
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a. ``Benefit-Cost Analysis'' (``BCA'') is a systematic, data-
driven, and transparent analysis comparing monetized project benefits
and costs, using a no-build baseline and properly discounted present
values, including concise documentation of the assumptions and
methodology used to produce the analysis; a description of the
baseline, data sources used to project outcomes, and values of key
input parameters; basis of modeling including spreadsheets, technical
memos, etc.; and presentation of the calculations in sufficient detail
and transparency to allow the analysis to be reproduced and for
sensitivity of results evaluated by FRA. Please refer to the Benefit-
Cost Analysis Guidance for Discretionary Grant Programs prior to
preparing a BCA at <a href="https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance">https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance</a>-discretionary-
grant-programs-0. In addition, please also refer to the BCA FAQs on
FRA's website for rail specific examples of how to apply the BCA
Guidance for Discretionary Grant Programs to CRISI applications.
b. ``Capital Project'' means a project for acquiring, constructing,
improving, or inspecting rail equipment, track and track structures, or
a rail facility, including expenses incidental to the acquisition or
construction including pre-construction activities (such as designing,
engineering, location surveying, mapping, acquiring rights-of-way) and
related relocation costs, environmental studies, and all work necessary
for FRA to consider the effects of the proposed project under the
National Environmental Policy Act; highway-rail grade crossing
improvements; communication and signalization improvements; and
rehabilitating, remanufacturing or overhauling rail rolling stock and
rail facilities.\4\
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\4\ For any project that includes purchasing Intercity Passenger
Rail rolling stock, applicants are encouraged to use a standardized
approach to the procurement of passenger rail equipment, such as the
specifications developed by the Next Generation Corridor Equipment
Pool Committee or a similar uniform process.
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c. ``Construction'' means the Capital Project Lifecycle Stage when
physical production of fixed works and structures, or substantial
alterations to such structures or land, or production of vehicles and
equipment are accomplished and placed into operational use.
Construction includes associated project administration, testing of
equipment as appropriate, systems integration testing, workforce
training, system certification, procurement of insurance, pre-revenue
service start-up testing, and other related costs.
d. ``Commuter Rail Passenger Transportation'' means short-haul rail
passenger transportation in metropolitan and suburban areas usually
having reduced fare, multiple rides, and commuter tickets and morning
and evening peak period operations, consistent with 49 U.S.C. 24102(3);
the term does not include rapid transit operations in an urban area
that are not connected to the general railroad system of
transportation.
e. ``Deployment of Magnetic Levitation Transportation Projects''
means, for purposes of this NOFO, transportation systems employing
magnetic levitation that would be capable of safe use by the public at
a speed in excess of 240 miles per hour.\5\
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\5\ This definition only applies to projects eligible under the
Maglev Grants Program. These projects may also be eligible for
funding under the CRISI program consistent with 49 U.S.C. 22907(c).
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f. ``Final Design (FD)'' means the Capital Project Lifecycle Stage
when final design and engineering plans and specifications necessary
for the Construction stage is completed, and at a minimum, includes
completion of (1) the final design plans, consistent with the
applicable environmental decision document, and detailed
specifications, (2) an updated Project Management Plan, (3) an updated
project schedule, cost estimate, and other necessary plans that may
include a financial plan, sufficiently detailed to inform decision
makers of the actions required to advance the project through
Construction. FD may include early construction or relocations and
procure equipment and materials during the final design stage, when
such work is permissible under applicable law.
g. ``Improvement'' means repair or enhancement to existing rail
infrastructure, or construction of new rail infrastructure, that
results in efficiency of the rail system and the safety of those
affected by the system.
h. ``Intercity Rail Passenger Transportation'' means rail passenger
transportation, except commuter rail

[[Page 54281]]

passenger transportation. See 49 U.S.C. 22901(3). In this notice,
``Intercity Passenger Rail Service'' and ``Intercity Passenger Rail
Transportation'' are equivalent terms to ``Intercity Rail Passenger
Transportation.''
i. ``Lifecycle Stage'' means each of the consecutive stages of a
Capital Project as it is developed and implemented that include Systems
Planning, project planning, Project Development, Final Design,
Construction, and operation. Each sequential stage involves specific
activities. FRA evaluates project readiness for a lifecycle stage when
considering a project for funding.
j. ``National Environmental Policy Act (NEPA)'' is a Federal law
that requires Federal agencies to analyze and document the
environmental impacts of a proposed action in consultation with
appropriate Federal, state, and local authorities, and with the public.
NEPA classes of action include Environmental Impact Statement (EIS),
Environmental Analysis (EA) or Categorical Exclusion (CE). The NEPA
class of action depends on the nature of the proposed action, its
complexity, and the potential impacts. For purposes of this NOFO, NEPA
also includes all related Federal laws and regulations including the
Clean Air Act, section 4(f) of the Department of Transportation Act,
section 7 of the Endangered Species Act, and section 106 of the
National Historic Preservation Act. Additional information regarding
FRA's environmental processes and requirements are located at <a href="https://www.fra.dot.gov/environment">https://www.fra.dot.gov/environment</a>.
k. ``Positive Train Control (PTC) system'' is defined by 49 CFR
270.5 to mean a system designed to prevent train-to-train collisions,
overspeed derailments, incursions into established work zone limits,
and the movement of a train through a switch left in the wrong
position, as described in 49 CFR part 236, subpart I.
l. ``Project Development'' means Capital Project Lifecyle Stage
during which (1) the environmental review process required under NEPA
and other related environmental laws is completed, and the permitting
processes is advanced as appropriate; (2) preliminary engineering and
other preliminary design is completed to support the environmental
review and the preparation of estimates of risk, costs, benefits, and
impacts; (3) a project management plan is completed that identifies
procurement requirements and strategies; and (4) the detailed project
schedule, cost estimate, and other necessary plans that may include a
financial plan are completed.
m. ``Project Management Plan'' means a documented plan that
describes how the Capital Project will be implemented, monitored, and
controlled to help the applicant effectively, efficiently, and safely
deliver the project on-time, within-budget, and at the highest
appropriate quality.
n. ``Preliminary Engineering (PE)'' means engineering design to
define a Capital Project, including identification of all environmental
impacts, design of all critical project elements at a level sufficient
to assure reliable cost estimates and schedules. The PE development
process starts with specific project design alternatives that allow for
the assessment of a range of rail improvements, specific alignments,
and project designs.
o. ``Rural Area'' means any area that is not within an area
designated as an urbanized area by the Bureau of the Census.
p. ``Rural Project'' means a project in which all or the majority
of the project (determined by the geographic location or locations
where the majority of the project funds will be spent) is located in a
Rural Area.
q. ``Significant Reduction in Emissions'' as used in this NOFO,
results from rehabilitating, remanufacturing, procuring, or
overhauling: (1) a Non-Tiered, Tier 0, or Tier 1 locomotive to at least
the Tier 2 level; (2) a Tier 2 locomotive to at least a Tier 4 level;
or (3) any locomotive to an all-electric, renewable diesel, battery-
powered, or other renewable energy locomotive. Non-tiered, Tier 0 and
Tier 1 locomotives must be retired if replaced. Emission standards for
line-haul and switch locomotives are set by the U.S. Environmental
Protection Agency, 40 CFR part 1033, subpart B.
r. ``Systems Planning'' means the first Lifecycle Stage when
planning activities that support the development of a railroad capital
plan, a state or regional rail plan, or a corridor service development
plan that may identify a Capital Project, are completed. Project
planning (e.g., planning specific to a Capital Project such as a rail
station or port improvement) is not eligible.
s. ``Relocation'' means moving a rail line vertically or laterally
to a new location. Vertical Relocation refers to raising above the
current ground level or sinking below the current ground level of a
rail line. Lateral Relocation refers to moving a rail line horizontally
to a new location.

B. Federal Award Information

1. Available Award Amount

The total funding available for awards under this NOFO is
$1,427,462,902.\6\ The total funding includes $2,000,000 in FY 2021
funding for the Maglev Grant Program, as detailed in this section.
Should additional CRISI Program funds become available after the
release of this NOFO, FRA may elect to award such additional funds to
applications received under this NOFO.
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\6\ Of the $1,625,000,000 in CRISI funding made available in the
2022 Appropriation and the advanced appropriation in division J of
the Infrastructure Investment and Jobs Act, $46,177,098 will be
separately made available for Special Transportation Circumstances
grants, $120,860,000 will be set aside for the purposes, and in
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the joint
explanatory statement, and $32,500,000 will be set aside for award
and program oversight conducted by FRA.
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Further, of this total, certain funding amounts are set-aside for
the following purposes under this NOFO:
a. Rural Area Set-Aside--At least $376,035,000, or 25 percent of
amounts appropriated, will be made available for projects in rural
areas as required in 49 U.S.C. 22907(g). FRA will consider a project to
be in a Rural Area if all or the majority of the project (determined by
the geographic location or locations where the majority of the project
funds will be spent) is located in a Rural Area.
b. Intercity Passenger Rail Set-Aside--At least $150,000,000 will
be made available for Capital Projects that support the development of
new Intercity Passenger Rail Service routes including alignments for
existing routes, as described in 49 U.S.C. 22907(c)(2) and as required
in the 2022 Appropriation;
c. Trespassing Measures Set-Aside--At least $25,000,000 will be
made available for the development and implementation of measures to
prevent trespassing and reduce associated injuries and fatalities, as
described in 49 U.S.C. 22907(c)(11) \7\ and as required in the 2022
Appropriation; and
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\7\ FRA will give preference to projects that are located in the
top 25 counties with the most pedestrian trespasser casualties.
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d. Magnetic Levitation Deployment Projects Set-Aside--$2,000,000 in
2021 Appropriation funding will be made available for the Deployment of
Magnetic Levitation Transportation Projects. In addition, up to
$5,000,000 will be made available from the 2022 Appropriation for
preconstruction planning activities and capital costs related to the
deployment of magnetic levitation transportation projects.

[[Page 54282]]

2. Award Size

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

3. Award Type

FRA will make awards for projects selected under this notice
through grant agreements and/or cooperative agreements. Grant
agreements are used when FRA does not expect to have substantial
Federal involvement in carrying out the funded activity. Cooperative
agreements allow for substantial Federal involvement in carrying out
the agreed upon investment, including technical assistance, review of
interim work products, and increased program oversight. The term
``grant'' is used throughout this document and is intended to reference
funding awarded through a grant agreement or a cooperative agreement.
The funding provided under this NOFO will be made available to grantees
on a reimbursable basis. Applicants must certify that their
expenditures are allowable, allocable, reasonable, and necessary for
the approved project before seeking reimbursement from FRA.
Additionally, the grantees are expected to expend matching funds at the
percentage required in the grant concurrent with Federal funds
throughout the life of the project. See an example of standard terms
and conditions for FRA grant awards at: <a href="https://www.fra.dot.gov/eLib/Details/L19057">https://www.fra.dot.gov/eLib/Details/L19057</a>. This template is subject to revision.

4. Concurrent Applications

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

C. Eligibility Information

This section of the notice explains applicant eligibility, cost
sharing and matching requirements, project eligibility, and project
component operational independence. Applications that do not meet the
requirements in this section are ineligible for funding. Instructions
for submitting eligibility information to FRA are detailed in section D
of this NOFO.

1. Eligible Applicants

The following entities are eligible applicants under CRISI:
a. A State (including the District of Columbia).
b. A group of States.
c. An Interstate Compact.
d. A public agency or publicly chartered authority established by 1
or more States.
e. A political subdivision of a State.
f. Amtrak or another rail carrier that provides intercity rail
passenger transportation (as rail carrier and intercity rail passenger
transportation are defined in section 24102).
g. A Class II railroad or Class III railroad, including any holding
company of a Class II railroad or Class III railroad (as those terms
are defined in section 20102).
h. An association representing 1 or more railroads described in
paragraph (g).
i. A federally recognized Indian Tribe.
j. Any rail carrier or rail equipment manufacturer in partnership
with at least 1 of the entities described in paragraphs (a) through
(e).
k. The Transportation Research Board and any entity with which it
contracts in the development of rail-related research, including
cooperative research programs.
l. A University transportation center engaged in rail-related
research.
m. A non-profit labor organization representing a class or craft of
employees of rail carriers or rail carrier contractors.
Applicants eligible to receive Maglev Grant Program Funds must be a
State, States, or an authority designated by one or more States.
Amounts awarded from the 2022 Appropriation for otherwise eligible
projects that implement or sustain Positive Train Control Systems are
not subject to the limitation in 49 U.S.C. 22905(f) and may therefore
be awarded for commuter rail passenger transportation projects. FRA may
transfer such projects to the appropriate agency to administer.
The applicant serves as the primary point of contact for the
application, and if selected, as the grantee of the grant award. An
application may identify entities that are not eligible applicants as
project partners.

2. Cost Sharing or Matching

The Federal share of total costs for CRISI Program projects funded
under this notice shall not exceed 80 percent. The estimated total cost
of a project must be based on the best available information, including
engineering studies, studies of economic feasibility, and environmental
analyses. Additionally, in preparing estimates of total project costs,
applicants may use FRA's cost estimate guidance, ``Capital Cost
Estimating: Guidance for Project Sponsors,'' which is available at:
<a href="https://www.fra.dot.gov/Page/P0926">https://www.fra.dot.gov/Page/P0926</a>.
The minimum 20 percent non-Federal share may be comprised of public
sector funding (e.g., State or local) or private sector funding. FRA
will not consider any Federal financial assistance \8\ or any non-
Federal funds already expended (or otherwise encumbered) toward the
matching requirement, unless compliant with 2 CFR part 200. In-kind
contributions, including the donation of services, materials, and
equipment, may be credited as a project cost, in a uniform manner
consistent with 2 CFR 200.306. In addition, applicants may count costs
incurred for PE associated with highway-rail grade crossing improvement
projects, eligible under and as described in 49 U.S.C. 22907(c)(5), and
trespassing prevention projects, as described in 49 U.S.C.
22907(c)(11), as part of the total project costs. Such costs are
eligible as non-Federal share or for reimbursement, even if they were
incurred before project selection for award, consistent with 49 U.S.C.
22907(h)(4).\9\ Such costs must

[[Page 54283]]

have been incurred no earlier than November 15, 2021, and must be
otherwise compliant with 2 CFR part 200 and the requirements of this
CRISI Program.
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\8\ See section D(2)(a)(iii) for supporting information required
to demonstrate eligibility of Federal funds for use as match.
\9\ FRA interprets the language in 49 U.S.C. 22907(h)(4) to
permit FRA to reimburse grantees for Preliminary Engineering costs
incurred before the date of project selection, if the costs would be
permitted as part of total project costs if incurred after the date
of project selection, and if they are consistent with 2 CFR part
200.
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If Amtrak or another rail carrier is an applicant under this CRISI
Program, Amtrak or the other rail carrier, as applicable, may use
ticket and other revenues generated from its operations and other
sources to satisfy the non-Federal share requirements.
Funding under this NOFO may not be used for costs that are included
in, or used to meet cost sharing or matching requirements of, any other
Federally financed award or program. If the applicant is seeking
additional funding for a project that has already received Federal
financial assistance, costs associated with the scope of work for the
existing Federal award are not eligible for funding under this NOFO.
Only new scope (e.g., new deliverables) is eligible for funding under
this NOFO.
Before applying, applicants should carefully review the principles
for cost sharing or matching in 2 CFR 200.306. See section D(2)(a)(iii)
for required application information on non-Federal match and section E
for further discussion of FRA's consideration of matching funds. FRA
will approve pre-award costs consistent with 2 CFR 200.458, as
applicable. See section D(6). Cost sharing or matching may be used only
for eligible expenses under the Program and are subject to the
requirements of the Federal award.

3. Other

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

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

ii. A capital project as defined in section 22901(2), except that a
project shall not be required to be in a State rail plan developed
under chapter 227.
iii. A capital project identified by the Secretary as being
necessary to address congestion or safety challenges affecting rail
service.
iv. A capital project identified by the Secretary as being
necessary to reduce congestion and facilitate ridership growth in
intercity passenger rail transportation along heavily traveled rail
corridors.
v. A highway-rail grade crossing improvement project, including
installation, repair, or improvement of grade separations, railroad
crossing signals, gates, and related technologies, highway traffic
signalization, highway lighting and crossing approach signage, roadway
improvements such as medians or other barriers, railroad crossing
panels and surfaces, and safety engineering improvements to reduce risk
in quiet zones or potential quiet zones.
vi. A rail line relocation or improvement project.
vii. A capital project to improve short-line or regional railroad
infrastructure.
viii. The preparation of regional rail and corridor service
development plans and corresponding environmental analyses.\11\
---------------------------------------------------------------------------

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

ix. Any project that the Secretary considers necessary to enhance
multimodal connections or facilitate service integration between rail
service and other modes, including between intercity rail passenger
transportation and intercity bus service or commercial air service.
x. The development and implementation of a safety program or
institute designed to improve rail safety.
xi. The development and implementation of measures to prevent
trespassing and reduce associated injuries and fatalities. Examples
include: trespass-related Capital Projects (such as physical barriers,
fencing, or equipment), trespassing enforcement activities, and
outreach campaigns resulting in trespasser deterrence and prevention.
xii. Any research that the Secretary considers necessary to advance
any particular aspect of rail-related capital, operations, or safety
improvements.
xiii. Workforce development and training activities, coordinated to
the extent practicable with the existing local training programs
supported by the Department of Transportation, the Department of Labor,
and the Department of Education.\12\
---------------------------------------------------------------------------

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

xiv. Research, development, and testing to advance and facilitate
innovative rail projects, including projects using electromagnetic
guideways in an enclosure in a very low-pressure environment.
xv. The preparation of emergency plans for communities through
which hazardous materials are transported by rail.
xvi. Rehabilitating, remanufacturing, procuring, or overhauling
locomotives, provided that such activities result in a significant
reduction of emissions.
xvii. Deployment of Magnetic Levitation Transportation
Projects.\13\ Project eligibility is further provided in Track 5, as
described in section C3(c)(v).
---------------------------------------------------------------------------

\13\ This category covers projects that are eligible under the
Maglev Grants Program. Projects under this category may also be
eligible to receive CRISI Program funds, to the extent the
application complies with all CRISI Program requirements.
Applications for funding under both Programs will be evaluated
consistent with the selection criteria for the Maglev Grants
Program.
---------------------------------------------------------------------------

b. Component and Operational Independence
If an applicant requests funding for a component or set of
components of a larger project, then the component(s) must be
attainable with the award amount and must comply with all eligibility
requirements described in section C.
In addition, the component(s) must enable independent analysis and
decision making, as determined by FRA, under NEPA (i.e., have
independent utility, connect logical termini, and do not restrict the
consideration of alternatives for other reasonably foreseeable rail
projects).
c. Application Tracks
Applicants are not limited in the number of projects for which they
seek funding. FRA expects that applications identify only one of the
following tracks for an eligible activity: Track 1--Systems Planning;
Track 2--Project Development; Track 3--FD/Construction; Track 4--
Research, Safety Programs and Institutes; or Track 5- Deployment of
Magnetic Levitation Transportation Projects. FRA strongly encourages
applicants to seek funding for the appropriate Lifecycle Stage of a

[[Page 54284]]

Capital Project, consistent with these application tracks. If an
application seeks funding under more than one track, FRA may award
funds for only one stage of a Capital Project.
i. Track 1--Systems Planning: Track 1 consists of projects for
eligible rail planning. Examples include the technical analyses and
associated environmental analyses that support the development of
railroad capital plans, state rail plans, regional rail plans, and
corridor service development plans, including: Identification of
alternatives, rail network planning, market analysis, travel demand
forecasting, revenue forecasting, railroad system design, railroad
operations analysis and simulation, equipment fleet planning, station
and access analysis, conceptual engineering and capital programming,
operating and maintenance cost forecasting, capital replacement and
renewal analysis, and economic analysis. Project-specific (e.g.,
planning specific to a Capital Project such as a rail station or port
improvements) planning is not an eligible Track 1 project.
ii. Track 2--Project Development: Track 2 consists of projects for
eligible Project Development activities. PE examples include: PE
drawings and specifications (scale drawings at the 30 percent design
level, including track geometry as appropriate); design criteria,
schematics and/or track charts that support the development of PE; and
work that can be funded in conjunction with developing PE, such as
operations modeling, surveying, project work/management plans,
preliminary cost estimates, and preliminary project schedules. PE/NEPA
projects funded under this NOFO must be sufficiently developed to
support FD or Construction activities including with respect to
equipment.
iii. Track 3--Final Design (FD)/Construction: Track 3 consists of
projects for eligible FD and Construction, and project implementation
and deployment activities, including with respect to equipment.
Applicants must complete all necessary Planning, Project Development,
PE and NEPA requirements for FD/Construction projects. FD funded under
this track must resolve remaining uncertainties or risks associated
with changes to the design and scope of the Capital Project; address
procurement processes; and update and refine the schedule, cost
estimate, and plans for financing the project or program to reflect
accurately the expected year-of expenditure costs and cash flow
projections. Prior to obligation, applicants selected for funding for
FD/Construction must demonstrate the following to FRA's satisfaction:
(A) PE is completed for the proposed project, resulting in project
designs that are reasonably expected to conform to all regulatory,
safety, security, and other design requirements, including those under
the Americans with Disabilities Act (ADA); (B) NEPA is completed for
the proposed project; (C) the applicant(s) has entered into the
appropriate agreements with key project partners, including
infrastructure-owning entities; and (D) a Project Management Plan is
complete and up-to-date for managing the implementation of the proposed
project, including the management and mitigation of project risks.
iv. Track 4--Research, Safety Programs and Institutes (Non-Railroad
Infrastructure): Track 4 consists of projects not falling within Tracks
1-3, or 5 including workforce development activities, research, safety
programs or institutes designed to improve rail safety that clearly
demonstrate the expected positive impact on rail safety and research,
development and testing to advance innovative rail projects. Sufficient
detail must be provided on what the project will accomplish, over what
duration as well as the applicant's capability to achieve the proposed
outcomes. Funding under this track may be sought for projects extending
over multiple fiscal years. Examples include initiatives for improving
rail safety, training, preparation of hazardous materials emergency
plans, trespass enforcement activities, and outreach campaigns
resulting in trespasser deterrence and prevention.
v. Track 5--Deployment of Magnetic Levitation Transportation
Projects: Track 5 consists of eligible projects that (1) Involve a
segment or segments of a high-speed ground transportation corridor; (2)
result in an operating transportation facility that provides a revenue
producing service; (3) are approved by the Secretary based on an
application submitted to the Secretary of Transportation by a State or
authority designated by one or more States. Funding under this NOFO may
not be used for costs that are included in, or used to meet cost
sharing or matching requirements of, any other Federally financed award
or program. If the applicant is seeking additional funding for a
project that has already received Federal financial assistance, costs
associated with the scope of work for the existing Federal award are
not eligible for funding under this NOFO. Only new scope (e.g., new
deliverables) is eligible for funding under this NOFO. Eligible project
costs are: (1) The capital cost of the fixed guideway infrastructure of
a Maglev project including land, piers, guideways, propulsion equipment
and other components attached to guideways, power distribution
facilities (including substations), control and communications
facilities, access roads, and storage, repair, and maintenance
facilities and (2) preconstruction planning activities. Eligible
project costs exclude new stations and rolling stock, as well as costs
incurred solely for land or right-of-way acquisition (even if such
acquisition is to secure operational right-of-way). Applicants applying
under Track 5, will be evaluated under the additional the Maglev Grants
Program criteria, even if also applying for CRISI Program funding.
Please see section E.1.b.ii for further details.
d. Rural Project
FRA will consider a project to be in a Rural Area 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. 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.

D. Application and Submission Information

1. Address To Request Application Package

Application materials may be accessed at <a href="https://www.Grants.gov">https://www.Grants.gov</a>.
Applicants must submit all application materials in their entirety
through <a href="https://www.Grants.gov">https://www.Grants.gov</a> no later than 5 p.m. ET, on December 1,
2022. 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 <a href="http://Grants.gov">Grants.gov</a> can be found at: <a href="https://www.fra.dot.gov/Page/P0270">https://www.fra.dot.gov/Page/P0270</a>. FRA is committed to ensuring that
information is available in appropriate alternative formats to meet the
requirements of persons who have a disability. If you require an
alternative version of files provided, please contact Laura Mahoney,
Office of the Chief Financial Officer, Federal Railroad Administration,
1200 New Jersey Avenue SE, Washington, DC 20590; email:
<a href="/cdn-cgi/l/email-protection#c7aba6b2b5a6e9aaa6afa8a9a2be87a3a8b3e9a0a8b1">[email&#160;protected]</a>; phone: 202-578-9337.

2. Content and Form of Application Submission

FRA strongly advises applicants to read this section carefully.
Applicants must submit all required information

[[Page 54285]]

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 other relevant and available
optional supporting documentation that may have been developed by the
applicant, especially such documentation that evidences completion of
appropriate Lifecycle Stage(s) of a Capital Project.
Required documents for an application package are outlined in the
checklist below.
a. Project Narrative (see D.2.a).
b. Statement of Work (see D.2.b.i).
c. Benefit-Cost Analysis (See D.2.b.ii).
d. Environmental Compliance Documentation (see D.2.b.iii).
e. SF 424--Application for Federal Assistance.
f. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
g. SF 424B--Assurances for Non-Construction or SF 424D--Assurances
for Construction.
h. FRA F 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying.
i. FRA F 251--Applicant Financial Capability Questionnaire.
j. SF LLL--Disclosure of Lobbying Activities, if applicable.
a. Project Narrative
This section describes the minimum content required in the Project
Narrative of grant applications. 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. Project Funding................... See D.2.a.iii.
IV. Applicant Eligibility.............. See D.2.a.iv.
V. Project Eligibility................. See D.2.a.v.
VI. Detailed Project Description....... See D.2.a.vi.
VII. Project Location.................. See D.2.a.vii.
VIII. Evaluation and Selection Criteria See D.2.a.viii.
IX. Project Implementation and See D.2.a.ix.
Management.
X. Planning Readiness for Tracks 2 and See D.2.a.x.
3 (Project Development and FD/
Construction).
XI. Design Readiness for Track 3 (FD/ See D.2.a.xi.
Construction).
XII. Environmental Readiness........... See D.2.a.xii.
XIII. Strategic Goals.................. See D.2.a.xiii.

The above content must be provided in a narrative statement
submitted by the applicant. The Project Narrative may not exceed 25
pages in length (excluding cover pages, table of contents, and
supporting documentation). If 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
Federal Funding Requested Under this NOFO.. $:
Proposed Non-Federal Match................. $: In-Kind:
Does some or all of the proposed Non- If yes, how much?
Federal Match for the total project cost
consist of preliminary engineering costs
associated with a Highway-rail Grade
Crossing Improvement Project or a
trespassing prevention project incurred
before project selection?
Other Sources of Federal funding, if Source:
applicable. $:
Total Project Cost......................... $
Was a Federal Grant Application Previously Yes/No.
Submitted for this Project?. If yes, please specify the
program, funding year and
project title of the
previous application.
City(-ies), State(s) Where the Project is
Located.
Congressional District(s) Where the Project
is Located.
Is this a project eligible under 49 U.S.C. Yes/No.
22907(c)(2) that supports the development
of new intercity passenger rail service
routes including alignments for existing
routes?
Is this a Rural Project? What percentage of Percentage of total project
the project cost is based in a Rural Area? cost:
Is this a project eligible under 49 U.S.C. Yes/No.
22907(c)(11) that supports the development
and implementation of measures to prevent
trespassing and reduce associated injuries
and fatalities?
If YES to the previous question, is this If possible, quantify.
project located in a county with the most
pedestrian trespasser casualties as
identified in the Federal Railroad
Administration's National Strategy to
Prevent Trespassing on Railroad Property?
Is the application seeking consideration Yes/No.
for funding under the Maglev Grants
Program?
Is the project currently programmed in: Yes/No.
State rail plan, State Freight Plan, TIP, (If yes, please specify in
STIP, MPO Long Range Transportation Plan, which plans the project is
State Long Range Transportation Plan? currently programmed and
how the plan may be
accessed).
------------------------------------------------------------------------

ii. Project Summary: Provide a brief 4-6 sentence summary of the
proposed project and what the project will entail. Include challenges
the proposed project aims to address and summarize the intended
outcomes and anticipated benefits that will result from the proposed
project.
iii. Project Funding Summary: Indicate in table format the amount
of Federal funding requested, the proposed non-Federal match, and total
project cost. Identify the source(s) of matching and other funds, and
clearly and distinctly reflect these funds as part of the total project
cost in the application budget. Specifically, identify the financial
support, if any, from impacted rail carriers. Include funding
commitment letters outlining funding agreements, as attachments or in
an appendix. If Federal funding is proposed as match, demonstrate the
applicant's determination of eligibility for such use, and the legal
basis for that determination. Also, note if the

[[Page 54286]]

requested Federal funding under this NOFO or other programs must be
obligated or spent by a certain date due to dependencies or
relationships with other Federal or non-Federal funding sources,
related projects, law, or other factors. If applicable, provide the
type and estimated value of any proposed in-kind contributions, as well
as substantiate how the contributions meet the requirements in 2 CFR
200.306. Finally, specify whether Federal funding for the project has
previously been sought, and identify the Federal program and fiscal
year of the funding request(s), as well as highlight new or revised
information in the CRISI Program application that differs from the
application(s) to other financial assistance programs. If costs
incurred for Preliminary Engineering activities, consistent with
section C.2 is proposed as match, describe the activities including the
date(s) costs were incurred.
Example Project Funding Table:

------------------------------------------------------------------------
Task name/project Percentage of
Task # component Cost total cost
------------------------------------------------------------------------
1
------------------------------------------------------------------------
2
------------------------------------------------------------------------
Total Project Cost
------------------------------------------------------------------------
Federal Funds Received from Previous
Grant
------------------------------------------------------------------------
Federal Funding Under this NOFO
Request
------------------------------------------------------------------------
Non-Federal Funding/Match Cash:
In-Kind:
Preliminary
Engineering
costs,
consistent with
section C.2:
------------------------------------------------------------------------
Portion of Non-Federal Funding from
the Private Sector.
Please list amounts per source.
------------------------------------------------------------------------
Portion of Total Project Costs Spent
in a Rural Area
------------------------------------------------------------------------
Pending Federal Funding Requests
------------------------------------------------------------------------

iv. Applicant Eligibility: Explain how the applicant meets the
applicant eligibility criteria outlined in section C of this notice.
For public agencies and publicly chartered authorities established by
one or more states, the explanation must include citations to the
applicable enabling legislation. If the applicant is eligible under 49
U.S.C. 22907(b)(8) as a rail carrier or rail equipment manufacturer in
partnership with at least one of the other eligible entities, the
applicant should explain the partnership and each entity's contribution
to the partnership. For a holding company of a Class II or Class III
railroad, the applicant must demonstrate its status as a holding
company and percentage of ownership of an operating Class II or III
railroad with supporting documentation. For an association representing
1 or more Class II or III railroads, provide the documentation
establishing the association and a current membership list.
v. Project Eligibility: Identify which project eligibility category
in section C(3) the project is eligible under, and explain how the
project meets the project eligibility criteria.
vi. Detailed Project Description: Include 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; the expected outcomes; 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. For all projects, applicants must provide information about
proposed performance measures, as described in section F(3)(c) and
required in 2 CFR 200.301. Further, applicants must provide their plan
for taking affirmative steps to employ small businesses consistent with
2 CFR 200.321.
(A) Grade crossing information, if applicable: For any project that
includes grade crossing components, provide specific DOT National Grade
Crossing Inventory information, including the railroad that owns the
infrastructure (or the crossing owner, if different from the railroad),
the primary railroad operator, the DOT crossing inventory number, and
the roadway at the crossing. Applicants can search for data to meet
this requirement at the following link: <a href="https://safetydata.fra.dot.gov/OfficeofSafety/default.aspx">https://safetydata.fra.dot.gov/OfficeofSafety/default.aspx</a>. In addition, if applicable, applicants
should provide the page number in the State Highway-Rail Grade Crossing
Action Plan where the grade crossing is referenced. Applicants should
specify whether the project will result in the elimination of one or
more grade crossings through grade separation or otherwise.
(B) Heavily traveled rail corridor information, if applicable: For
any project eligible under the eligibility category that reduces
congestion and facilitates ridership growth in Intercity Passenger Rail
Transportation, describe how the project is located on a heavily
traveled rail corridor.
(C) PTC information, if applicable: For any project that includes
deploying PTC systems, applicants must: (1.) Document submission of a
Positive Train Control Implementation Plan (PTCIP) to FRA pursuant to
either 49 U.S.C. 20157(a) or 49 CFR part 236, subpart I (FRA's PTC
regulations); (2.) Document that it is a tenant on one or more host
railroads that submitted a PTCIP to FRA; or (3.) Document how the
proposed project will assist in the deployment (i.e., installation and/
or full implementation) of a PTC system, including whether the PTC
technology is being implemented voluntarily or pursuant to the
statutory mandate for certain main lines.
(D) Workforce development and training information, if applicable:
For any project that includes workforce development, applicants must
document to the extent practicable similar existing local training
programs supported by the Department of Transportation, the Department
of Labor, and/or the Department of

[[Page 54287]]

Education. The applicant must also (a) describe whether the workforce
development project incorporates union representation, and (b) describe
any involvement or partnership with existing in-house skills training
programs, unions and worker organizations, community colleges and
public school districts, community-based organizations, supportive
services providers, pre-apprenticeships tied to Registered
Apprenticeships, Registered Apprenticeship programs and other labor-
management training programs, or other quality workforce training
providers. We strongly encourage applicants to outline their plan to
recruit, train, and retain a locally hired, diverse workforce.
(E) Trespassing injury and fatality prevention and reduction, if
applicable: Provide documentation indicating whether the projects are
located in counties with the most pedestrian trespasser casualties as
identified in FRA's National Strategy to Prevent Trespassing on
Railroad Property, whether the applicant has incorporated the Community
Trespass Prevention Program \14\ into project development, whether and
how law enforcement agencies will undertake trespass enforcement
activities as part of a larger strategy, whether the project would
include funding for law enforcement wages to undertake trespass
enforcement activities, and how and whether the project targets hot
spots identified by geospatial data. If the project includes an
outreach campaign to reduce suicide by railroad, applicants must
provide a detailed description of the proposed outreach campaign,
including (but not limited to) relevant data on rail-related suicides
in the project location, the manner and extent to which trespass
suicide is expected to be reduced, and examples of prior efforts to
address rail-related suicide.
---------------------------------------------------------------------------

\14\ The Community Trespass Prevention Program is a problem-
solving model designed to provide a step-by-step approach for
dealing with trespassing issues in communities. For more
information, see <a href="https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/1265/USCommunityTrespassPreventionGuide_2010F%282-29%29.pdf">https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/1265/USCommunityTrespassPreventionGuide_2010F%282-29%29.pdf</a>.
---------------------------------------------------------------------------

(F) Emissions reductions information, if applicable: For any
projects involving rehabilitating, remanufacturing, procuring, or
overhauling locomotives resulting in significant reduction of
emissions, identify the number of locomotives that will be procured,
replaced, or retired. Also, describe the anticipated emissions
reductions earned and fuel saving estimates.
(G) Community Emergency Plans, if applicable: For projects
involving the preparation of emergency plans for communities through
which hazardous materials are transported by railroad, include
commitments for coordination by stakeholders including representatives
from the chemical manufacturing industry, distributors, shippers,
railroads (and other transportation industry and supply chain
representatives), emergency response providers (including firefighters,
emergency medical technicians hazmat employees, and law enforcement)
and federal, state and local governments. Based on information provided
by the transporting railroads, identify the hazardous materials
transported through the relevant community by hazard class as defined
in 49 CFR 173.2. Proposed plans should address all such hazardous
materials and may include rationale for focusing on certain hazardous
materials if appropriate. Include the emergency types planned for and
the approach for developing and communicating the plan. Include a
description of proposed training, including frequency (funding may be
sought for projects extending multiple years) and attendees and any
required materials.
(H) Maglev Grants Program Magnetic Levitation Transportation
Projects, if applicable. This detailed description should provide, at a
minimum: additional background on the current transportation challenges
the project aims to address, the expected users, beneficiaries, and
outcomes of the project, and any other information the applicant deems
necessary to justify the proposed project. Be specific regarding the
relevance or relationship of the proposed project to other investments
in the region along the corridor, as well as the operating changes that
are anticipated to result from the introduction and integration of
Maglev services within existing transportation corridors and assess the
major risks (including safety risks and energy consumption) or
obstacles to Maglev's successful deployment and operation. Provide
information on the variety of operating conditions that would be
expected for the project area, which may include a variety of at-grade,
elevated and depressed guideway structures, extreme temperatures, and
intermodal connections at terminals. Provide a detailed summary of all
work completed to date, including any preliminary engineering work, the
project's previous accomplishments and funding history including
Federal financial assistance, and a chronology of key documents
produced and funding events (e.g., grants and financing). An applicant
should specify whether it is seeking funding for a project that has
already received Federal financial assistance, and if applicable,
explain how the new scope proposed to be funded under this NOFO relates
to the previous scope.
vii. Project Location: Include geospatial data for the project, as
well as a map of the project's location. Geospatial data can be
expressed in terms of decimal degrees for latitude and longitude of at
least five decimal places of precision, or start and end mileposts
designating railroad code and subdivision name. On the map, include the
Congressional districts in which the project will take place.
viii. Evaluation and Selection Criteria: Include a thorough
discussion of how the proposed project meets all of the evaluation and
selection criteria, as outlined in section E of this notice. If an
application does not sufficiently address the evaluation criteria and
the selection criteria, it is unlikely to be a competitive application.
ix. Project Implementation and Management: Describe proposed
project implementation and project management arrangements, including
between the applicant, project partners and other stakeholders
necessary for project implementation, if any. Describe progress made to
date on a Project Management Plan. through the relevant community by
hazard class as defined in 49 CFR 173.2. Proposed plans should address
all such hazardous materials and may include rationale for focusing on
certain
Include descriptions of the expected arrangements for project
contracting, contract oversight and control, change-order management,
risk management, and conformance to Federal requirements for project
progress reporting (see <a href="https://www.fra.dot.gov/Page/P0274">https://www.fra.dot.gov/Page/P0274</a>). Describe
past experience in managing and overseeing similar projects.
x. Planning Readiness for Tracks 2 and 3 (Project Development and
FD/Construction): Provide information about the Systems Planning and
project planning processes that analyzed the investment needs and
service objectives, and led to the clear definition of the Capital
Project. If applicable, cite sources of this information from a service
development plan, State or regional rail plan, or similar planning
document where the project has been identified for solving a specific
existing transportation problem, and makes the case for investing in
the proposed solution.
xi. Design Readiness for Track 3 (FD/Construction): Provide
information to demonstrate the maturity of project design including
completion of PE and

[[Page 54288]]

any other necessary preliminary design, including a website link or
reference to submitted optional documentation.
xii. Environmental Readiness for Track 3 (FD/Construction): 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, 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-related milestones. If the
last agency action with respect to NEPA documents occurred more than
three years before the application date, the applicant should describe
why the project has been delayed and why NEPA documents have not been
updated and include a proposed approach for verifying and, if
necessary, updating this material in accordance with applicable NEPA
requirements. Additional information regarding FRA's environmental
processes and requirements are located at <a href="https://www.fra.dot.gov/environment">https://www.fra.dot.gov/environment</a>.
xiii. DOT Strategic Goals: Applicants should describe efforts to
consider climate change and sustainability impacts, as well as efforts
to improve equity and reduce barriers to opportunity in project
planning. In addition, applicants should describe how planning
activities and project delivery actions advance good-paying, quality
jobs and workforce programs and hiring policies that promote workforce
inclusion. Additional information about strong labor standards that
grant award recipients will be expected to meet are described below in
Administrative and National Policy Requirements (section F.2).
b. Additional Application Elements
Applicants must submit the following documents and forms. Note, the
Standard OMB Forms needed for theelectronic application process are
<a href="http://atwww.Grants.gov">atwww.Grants.gov</a>.
i. A Statement of Work (SOW) addressing the scope, schedule,
budget, and performance measures for the proposed project if it were
selected for award. The SOW must contain sufficient detail so FRA, and
the applicant, 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 must use FRA's standard SOW, schedule, budget,
and performance measures templates to be considered for award. The four
required templates are labeled Example General Grants--Attachments 2-5
and are located at <a href="https://www.fra.dot.gov/Page/P0325">https://www.fra.dot.gov/Page/P0325</a>. Applications
that do not include all four of the grant package templates will be
considered incomplete and will not be reviewed. 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.
ii. A Benefit-Cost Analysis (BCA), as an appendix to the Project
Narrative for each project submitted by an applicant. The BCA must
demonstrate in economic terms the merits of investing in the proposed
project. The BCA for Track 2--Project Development projects should be
for the underlying project, not the PE/NEPA work itself. The project
narrative should summarize the project's benefits.
Benefits may apply to existing and new rail users, as well as users
of other modes of transportation. In some cases, benefits may be
applied to populations in the general vicinity of the project area.
Improvements to multimodal connections and shared-use rail corridors
may benefit all users involved. Benefits may be quantified for savings
in safety costs, reduced costs from disruption of service, maintenance
costs, reduced travel time, emissions reductions, and increases in
capacity or ability to offer new types of freight or passenger
services. Applicants may also describe other categories of benefits
that are difficult to quantify such as noise reduction, environmental
impact mitigation, improved quality of life, or reliability of travel
times. All benefits claimed for the project must be clearly tied to the
expected outcomes of the project. Please refer to the Benefit-Cost
Analysis Guidance for Discretionary Grant Programs prior to preparing a
BCA at <a href="https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance">https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance</a>. In addition, please also refer
to the BCA FAQs on FRA's website for some rail specific examples of how
to apply the BCA Guidance for Discretionary Grant Programs to CRISI
funding.
For Tracks 1 and 4--Applicants are required to document project
benefits and costs. Estimates of benefits should be presented in
monetary terms whenever possible; if a monetary estimate is not
possible, the applicant should provide a quantitative estimate (in
physical, non-monetary terms, such as crash or employee casualty rates,
ridership estimates, emissions levels, energy efficiency improvements,
etc.).
iii. Environmental compliance documentation, as applicable, if a
website link is not cited in the Project Narrative.
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. FRAF 30--Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug-Free Workplace Requirements and
Lobbying, located at <a href="https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters">https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters</a>.
viii. FRA F 251--Applicant Financial Capability Questionnaire,
located at <a href="https://railroads.dot.gov/elibrary/fra-f-251">https://railroads.dot.gov/elibrary/fra-f-251</a>.
ix. SF LLL--Disclosure of Lobbying Activities, if applicable.
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 <a href="http://Grants.gov">Grants.gov</a>, 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 as described in detail below.
Complete instructions on how to register and submit an application can
be found <a href="http://atwww.Grants.gov">atwww.Grants.gov</a>. Registering with <a href="http://Grants.gov">Grants.gov</a> 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. If an applicant has
not fully complied with these requirements by the time the Federal
awarding agency

[[Page 54289]]

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 that are the result of a
failure to register or comply with <a href="http://Grants.gov">Grants.gov</a> 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
<a href="http://Grants.gov">Grants.gov</a>, applicants must:
a. Register With SAM at <a href="http://www.SAM.gov">www.SAM.gov</a>
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 <a href="http://Grants.gov">Grants.gov</a>. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and subrecipients.
Organizations that have previously submitted applications via
<a href="http://Grants.gov">Grants.gov</a> are already registered with SAM, as it is a requirement for
<a href="http://Grants.gov">Grants.gov</a> 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 recipient'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
(<a href="http://SAM.gov">SAM.gov</a>). 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 <a href="http://Grants.gov">Grants.gov</a> Username and Password
Applicants must complete an Authorized Organization Representative
(AOR) profile on <a href="http://www.Grants.gov">www.Grants.gov</a> 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:
<a href="https://www.grants.gov/web/grants/applicants/organization-registration.html">https://www.grants.gov/web/grants/applicants/organization-registration.html</a>.
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 <a href="http://Grants.gov">Grants.gov</a> and login <a href="http://atwww.Grants.gov">atwww.Grants.gov</a> 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 <a href="http://Grants.gov">Grants.gov</a> 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: <a href="https://www.grants.gov/web/grants/applicants/apply-for-grants.html">https://www.grants.gov/web/grants/applicants/apply-for-grants.html</a>.

4. Submission Dates and Times

Applicants must submit complete applications to <a href="http://www.Grants.gov">www.Grants.gov</a> no
later than 5 p.m. ET, December 1, 2022. Applicants will receive a
system-generated acknowledgement of receipt. FRA reviews <a href="http://www.Grants.gov">www.Grants.gov</a>
information on dates/times of applications submitted to determine
timeliness of submissions. Late applications will be neither reviewed
nor considered. Delayed registration is not an acceptable reason for
late submission. To apply for funding under this announcement, all
applicants are expected to be registered as an organization with
<a href="http://Grants.gov">Grants.gov</a>. Applicants are strongly encouraged to apply early to ensure
all materials are received before this deadline.
To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) failure to complete the <a href="http://Grants.gov">Grants.gov</a> registration process before the
deadline; (2) failure to follow <a href="http://Grants.gov">Grants.gov</a> 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.
Under 2 CFR 200.458, grantees must seek written approval from FRA for
pre-award activities to be 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
associated with highway-rail grade crossing improvement projects, as
described in 49 U.S.C. 22907(c)(5), and trespassing prevention
projects, as described in 49 U.S.C. 22907(c)(11), as part of the total
project costs. Such costs are eligible for reimbursement, even if they
were incurred before project selection for award, consistent with 49
U.S.C. 22907(h)(4).\15\ Such costs must have been incurred no earlier
than November 15, 2021, and must be otherwise compliant with 2 CFR part
200 and the requirements of this CRISI Program.
---------------------------------------------------------------------------

\15\ FRA interprets the language in 49 U.S.C. 22907(h)(4) to
permit FRA to reimburse grantees for Preliminary Engineering costs
incurred before the date of project selection if the costs would be
permitted as part of total project costs if incurred after the date
of project selection and are consistent with 2 CFR part 200.
---------------------------------------------------------------------------

7. Other Submission Requirements

For any supporting application materials that an applicant cannot
submit via <a href="http://Grants.gov">Grants.gov</a>, such as oversized engineering drawings, an
applicant may submit an original and two (2) copies to Douglas Gascon,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590. However, due to delays caused by enhanced screening of mail
delivered via the U.S. Postal Service, FRA advises applicants to use
other means of conveyance (such as courier service) to assure timely
receipt of materials before the application deadline. Additionally, if
documents can be obtained online, explaining to FRA how to access files
on a referenced website may also be sufficient.
Note: Please use generally accepted formats such as .pdf, .doc,
.docx, .xls, .xlsx and .ppt, when uploading

[[Page 54290]]

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, Completeness and Applicant Risk Review
FRA will first screen each application for applicant and project
eligibility (eligibility requirements are outlined in section C of this
notice), completeness (application documentation and submission
requirements are outlined in section D of this notice), and the 20
percent minimum non-Federal match.
FRA will then consider applicant risk, including the applicant's
past performance in developing and delivering similar projects.
b. Evaluation Criteria
FRA will evaluate all eligible and complete applications using the
evaluation criteria outlined in this section to determine project
benefits and technical merit. In applying the evaluation criteria, FRA
will consider the Lifecycle Stage and application track of the project.
i. Project Benefits:
FRA will evaluate the Benefit-Cost Analysis and project benefits of
the proposed project for the anticipated private and public benefits
relative to the costs of the proposed project and the summary of
benefits provided in response to subsection D(2)(b)(ii) including--
(A) Effects on system and service performance;
(B) Effects on safety, competitiveness, reliability, trip or
transit time, and resilience;
(C) Efficiencies from improved integration with other modes; and
(D) Ability to meet existing or anticipated demand.
ii. Technical Merit:
FRA will evaluate application information for the degree to which--
(A) The tasks and subtasks outlined in the SOW are appropriate to
achieve the expected outcomes of the proposed project.
(B) Applications indicate strong project readiness and meet
requirements under the project track(s) designated by the applicant.
(C) The technical qualifications and 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 are demonstrated.
(D) The proposed project's business plan considers potential
private sector participation in the financing, construction, or
operation of the proposed project.
(E) The applicant has, or will have the legal, financial, and
technical capacity to carry out the proposed project; satisfactory
continuing control over the use of the equipment or facilities; and the
capability and willingness to maintain the equipment or facilities.
(F) The degree to which the applicant and project deploy innovative
technology, encourage innovative approaches to project delivery, and
incentivize the use of innovative financing.
(G) The proposed project is consistent with planning guidance and
documents set forth by DOT, including those required by law or State
rail plans developed under title 49, United State Code, chapter 227.
For projects identified as Deployment of Magnetic Levitation
Transportation Projects (Track 5), FRA will also evaluate application
information for the degree to which--
(A) The project would feasibly integrate Maglev systems with
conventional rail systems, such as establishing efficient connections
and transfers.
(B) The funds awarded under this section would result in
investments that are beneficial not only to the Maglev project, but
also to other current or near-term transportation projects.
(C) The project demonstrates: (a) The potential for public-private
partnerships and (b) that the project will stand alone as a complete,
self-sustaining operation where fully allocated operating expenses of
the Maglev service are projected to be offset by revenues attributable
to the service.
(D) The financial commitment to the construction of the proposed
project from both non-Federal public and private sources is
demonstrated.
(E) The project demonstrates coordination and consistency with any
applicable ongoing or completed environmental and planning studies for
passenger rail on or connecting to the geographic route segment being
proposed for Maglev investment.
(F) The project will successfully operate in the variety of Maglev
operating conditions which are to be expected in the United States.
(G) The project may feasibly be capable of safe use by the public
at a speed in excess of 240 miles per hour.
c. Selection Criteria
In addition to the eligibility and completeness review and the
evaluation criteria outlined above, the FRA will apply the following
selection criteria:
i. FRA will give preference to the following:
(A) A proposed project for which the proposed Federal share of
total project costs does not exceed 50 percent; \16\
---------------------------------------------------------------------------

\16\ This preference applies to funds made available by IIJA,
division J. However, 49 U.S.C. 22907(e)(1)(A) does not apply to
projects funded by the 2022 Appropriation. Because the preference
still applies to the IIJA funding, FRA encourages applicants to
identify sufficient non-Federal contribution so that the Federal
share does not exceed 50 percent.
---------------------------------------------------------------------------

(B) Projects for which the net benefits of the grant funds will be
maximized considering the Benefit-Cost Analysis, including anticipated
private and public benefits relative to the costs of the proposed
project, and factoring in the other considerations in 49 U.S.C.
22907(e)(2); \17\ and
---------------------------------------------------------------------------

\17\ These benefits may include the effects on system and
service performance, including measures such as improved safety,
competitiveness, reliability, trip or transit time, resilience,
efficiencies from improved integration with other modes, the ability
to meet existing or anticipated demand, and any other benefits.
---------------------------------------------------------------------------

(C) For projects eligible under 49 U.S.C. 22907(c)(11), projects
for the development and implementation of measures to prevent
trespassing and reduce associated injuries and fatalities that are
located in the top 25 counties with the most pedestrian casualties.\18\
In addition, FRA is strongly interested in applications that
incorporate a comprehensive approach to project development such as is
described in FRA's Community Trespass Prevention Program, and will
prioritize selections for those applications that involve multiple
project partners and include infrastructure improvements in combination
with a safety program focused on enforcement and outreach.
---------------------------------------------------------------------------

\18\ FRA has identified these 25 counties through <a href="https://railroads.dot.gov/safety-data">https://railroads.dot.gov/safety-data</a>, which includes the following
counties: California--Los Angeles, San Bernardino, Kern, San
Joaquin, Alameda, Contra Costa, Fresno, Riverside, Sacramento, Santa
Clara, Orange, Stanislaus, San Diego; Florida--Palm Beach, Broward;
Illinois--Cook; Nevada--Clark; Oregon--Multnomah; Pennsylvania--
Philadelphia; Tennessee--Davidson; Texas--Tarrant, Dallas, Bexar,
Harris; and Washington--King.
---------------------------------------------------------------------------

ii. Strategic Goals:
After the eligibility and completeness review and the evaluation
criteria outlined in this section, FRA will then consider the extent to
which the projects address the following DOT Strategic Goals:
(A) Safety. FRA will assess the project's ability to foster a safe
transportation system for the movement

[[Page 54291]]

of goods and people, consistent with the Department'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 safety at
highway-rail grade crossings, reduces incidences of rail-related
trespassing, upgrades infrastructure to achieve a higher level of
safety, and uses an appropriately trained workforce.
(B) Equitable Economic Strength and Improving Core Assets.
1. Infrastructure Investment and Job Creation. In support of
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), FRA will assess the project's
ability to contribute to economic progress stemming from infrastructure
investment and associated job creation in the industry. Such
considerations will include, but are not limited to, the extent to
which the project results in long-term job creation by supporting good-
paying construction and manufacturing jobs directly related to the
project with free and fair choice to join a union, such as through the
use of project labor agreements, pre-apprenticeships tied to Registered
Apprenticeships, Registered Apprenticeships, community-benefit
agreements, and local hiring provisions, or other targeted preferential
hiring requirements, or other similar standards or protections; invests
in vital infrastructure assets and provides opportunities for families
to achieve economic security through rail industry employment.
2. Support Resilient Supply Chains & Economic Opportunity. Projects
will also be assessed by their ability to promote the efficiency and
resilience of supply chains by increasing freight rail capacity,
reducing congestions, alleviating bottlenecks, and increasing
multimodal connections. In addition, projects are encouraged to
consider the ability of the project to provide greater access to
economic opportunity to residents through greater connections to jobs,
commerce, and educational opportunities.
(C) Equity and Barriers to Opportunity. In support of Executive
Order 13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government (86 FR 7009) and Executive
Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR
7619), FRA will assess the project's ability to address equity and
barriers to opportunity, to the extent possible within the program and
consistent with law. Such considerations will include, but are not
limited to, the applicant's plan for using small businesses to complete
its project, the extent to which the project improves or expands
transportation options for underserved communities, mitigates the
safety risks and detrimental quality of life effects that rail lines
can have on communities especially those communities that might have
been historically disconnected due to the railroad infrastructure, and
expands workforce development and career pathway opportunities to
foster a more diverse rail industry. This will also include community
engagement efforts already taken or planned, the extent to which
engagement efforts are designed to reach impacted communities, whether
engagement is accessible for persons with disabilities or limited
English proficient persons within the impacted communities, and how
community feedback is taken into account in decision-making.
(D) Climate Change and Sustainability. In support of E.O. 14008,
``Tackling the Climate Crisis at Home and Abroad,'' 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 will include, but are not limited to, the
extent to which the project reduces emissions, promotes energy
efficiency, increases resiliency, and recycles or redevelops existing
infrastructure.
(E) Transformation. FRA will assess the project's ability to expand
and improve the nation's rail network, which needs to balance new
infrastructure for increased capacity with proper maintenance of aging
assets. Such considerations will include, but are not limited to, the
extent to which the project adds capacity to congested corridors,
improve supply chain resilience, and ensures assets will be improved to
a state of good repair.

1. Review and Selection Process

FRA will conduct a four-part application review process, as
follows:
a. Screen applications for applicant and project eligibility,
completeness, the minimum match, and applicant risk including past
performance in developing and delivering similar projects;
b. Apply evaluation criteria to remaining applications (completed
by technical panels);
c. Apply selection criteria and recommend initial selection of
projects for the FRA Administrator's review (completed by a Senior
Review Team, which includes senior leadership from the Office of the
Secretary and FRA); and
d. Select recommended awards for the Secretary's or his
designeedesignee's review and approval (completed by the FRA
Administrator).

2. 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 of $250,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), 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 200.205.

F. Federal Award Administration Information

1. Federal Award Notice

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. FRA will contact applicants with successful
applications after announcement with information and instructions about
the award process. 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 the FRA, including an approved scope, schedule, and budget,
before obligating the grant. See an example of standard terms and
conditions for FRA grant awards at <a href="https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions">https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions</a>. This template is
subject to revision.

[[Page 54292]]

2. Administrative and National Policy Requirements

In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, grantees 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; and applicable Federal financial assistance and
contracting principles promulgated by the Office of Management and
Budget (OMB). In complying with these requirements, grantees, in
particular, 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 Amendment. If FRA determines that a
grant recipient has failed to comply with applicable Federal
requirements, FRA may terminate the award of funds and disallow
previously incurred costs, requiring the grantee to reimburse any
expended award funds. See an example of standard terms and conditions
for FRA grant awards at <a href="https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions">https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions</a>. This template is subject to
revision.
Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards at 2 CFR part 200
subpart D--Procurement Standards; 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; Americans with Disabilities Act;
safety requirements; NEPA; environmental justice requirements;
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 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 rail carriers and
employers for certain purposes, and grantee agreements with railroad
right-of-way owners for projects using railroad rights-of-way (see
D.2.b.xi).\19\
---------------------------------------------------------------------------

\19\ FRA has posted draft guidance to grantees on implementing
protective arrangements at <a href="https://www.govinfo.gov/content/pkg/FR-2022-03-04/pdf/2022-04530.pdf">https://www.govinfo.gov/content/pkg/FR-2022-03-04/pdf/2022-04530.pdf</a> to assist grantees implementing the
protective arrangements; and answers to frequently asked questions
intended to assist grantees subject to the requirements of 49 U.S.C.
22905(c)(1) at <a href="https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1">https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1</a>.
---------------------------------------------------------------------------

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
sustainability in their planning, as determined by FRA, will be
required to do so before receiving funds for construction, consistent
with Executive Order 14008, Tackling the Climate Crisis at Home and
Abroad (86 FR 7619). In the grant agreement, recipients will be
expected to describe activities they have taken, or will take prior to
obligation of construction funds that addresses climate change and
environmental justice (EJ). Activities that address climate change
include, but are not limited to, demonstrating: the project will result
in significant greenhouse gas emissions reductions; the project
supports emissions reductions goals in a Local/Regional/State plan; and
the project primarily focuses on funding for state of good repair and
clean transportation options, including public transportation, walking,
biking, micro-mobility. Activities that address EJ include, but are not
limited to: basing project design on the results of a proven EJ
screening tool (developed by another Federal agency such as the
EPA,\20\ a state agency, etc.); conducting enhanced, targeted outreach
to EJ communities; considering EJ 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.
---------------------------------------------------------------------------

\20\ For more information regarding the EPA EJ screening tool
see <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a>.
---------------------------------------------------------------------------

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 they have taken, or will take
prior to obligation of construction funds that addresses equity and
barriers to opportunity. These activities may include, but are not
limited to: completing an equity impact analysis for the project;
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 and is conducted in
a manner that is consistent with title VI requirements; 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 opportunities for underserved, overburdened,
or rural communities; or addressing historic or current inequitable air
pollution or other environmental burdens and impacts. While not a
selection criteria, to the extent the project includes or is part of an
station area, the Department encourages project sponsors to consider
how the submitted project could develop or facilitate economic
development, including commercial and residential development that
enhance the economic vitality and competitiveness of the surrounding
neighborhood 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, the 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: (a) strong labor standards and
the free and fair choice to join a union,\21\ including project labor

[[Page 54293]]

agreements, local hire agreements,\22\ distribution of workplace rights
notices, and use of an appropriately trained workforce; (b) 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 (c) 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 these underrepresented
groups, and proactive plans to prevent harassment.
---------------------------------------------------------------------------

\21\ Federal funds may not be used to support or oppose union
organizing, whether directly or as an offset for other funds.
\22\ IIJA division B 25019 provides authority to use
geographical and economic hiring preferences, including local hire,
for construction jobs, subject to any applicable State and local
laws, policies, and procedures.
---------------------------------------------------------------------------

Consistent with E.O. 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% 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. The U.S. Department of Labor's Office of
Federal Contract Compliance Programs (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. Through the program, OFCCP offers
contractors and subcontractors extensive compliance assistance,
conducts compliance evaluations, and helps to build partnerships
between the project sponsor, prime contractor, subcontractors, and
relevant stakeholders. 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. Under that partnership, OFCCP will ask these project sponsors to
make clear to prime contractors in the pre-bid phase that project
sponsor's award terms will require their participation in the Mega
Construction Project Program. Additional information on how OFCCP makes
their selections for participation in the Mega Construction Project
Program is outlined under ``Scheduling'' on the Department of Labor
website: <a href="https://www.dol.gov/agencies/ofccp/faqs/construction-compliance">https://www.dol.gov/agencies/ofccp/faqs/construction-compliance</a>.
Critical Infrastructure Security and Resilience
It is the policy of the United States to strengthen the security
and resilience of its critical infrastructure against both physical and
cyber threats, consistent with Presidential Policy Directive 21--
Critical Infrastructure Security and Resilience. Each applicant
selected for Federal funding under this notice 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 the
Department and the Department of Homeland Security, will be required to
do so before receiving funds for construction, consistent with the
cybersecurity performance goals for critical infrastructure and control
systems directed by the National Security Presidential Memorandum on
Improving Cybersecurity for Critical Infrastructure Control Systems,
found at <a href="https://www.cisa.gov/cpgs">https://www.cisa.gov/cpgs</a>.
Domestic Preference Requirements
Assistance under this NOFO is subject to the Buy America
requirements in 49 U.S.C. 22905(a) and the Build America, Buy America
Act, Public Law 117-58, sections 70901-52. In addition, as expressed in
Executive Order 14005, Ensuring the Future Is Made in All of America by
All of America's Workers (86 FR 7475), it is the policy of the
executive branch to maximize, consistent with law, the use of goods,
products, and materials produced in, and services offered in, the
United States. FRA expects all applicants to comply with that
requirement without needing a waiver. However, to obtain a waiver, a
recipient must be prepared to demonstrate how they will maximize the
use of domestic goods, products, and materials in constructing their
project.
Civil Rights and Title VI
Recipients of Federal transportation funding will be required to
comply fully with title VI of the Civil Rights Act of 1964 and
implementing regulations (49 CFR 21), the Americans with Disabilities
Act of 1990 (ADA), section 504 of the Rehabilitation Act of 1973, and
all other civil rights requirements. The Department's and FRA's Office
of Civil Rights may provide resources and technical assistance to
recipients to ensure full and sustainable 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 must 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 currently 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, then the applicant during that
period of time must maintain the currency of information reported SAM
that 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 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

[[Page 54294]]

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, to improve equitable delivery, and to 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 CRISI
Funding are listed in the table below. The applicable measure(s) will
depend upon the project activities. Applicants requesting funding for
the acquisition of rolling stock must integrate at least one equipment/
rolling stock performance measure, consistent with the application
materials and program goals.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Measurement Measurement Primary strategic Secondary strategic
Rail measures Unit measured period frequency goal goal Definition
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles............. Miles........... ................ Quarterly.......... State of Good Repair Safety.............. The number of miles
per quarter within
the project area
that have temporary
speed restrictions
(``slow orders'')
imposed due to
track condition.
This is an
indicator of the
overall condition
of track. This
measure can be used
for projects to
rehabilitate
sections of a rail
line since the
rehabilitation
should eliminate,
or at least reduce
the slow orders
upon project
completion.
Gross Ton.................... Gross Tons...... ................ Quarterly.......... Economic State of Good Repair The annual gross
Competitiveness. tonnage of freight
shipped in the
project area. Gross
tons include
freight cargo minus
tare weight of the
rail cars. This
measures the volume
of freight a
railroad ships in a
year. This measure
can be useful for
projects that are
anticipated to
increase freight
shipments.
Rail Track Grade Separation.. Count........... Could be based Quarterly.......... Economic Safety.............. The number of
on daily Competitiveness. automobile
traffic counts crossings that are
(for 1-5 days) eliminated at an at-
or otherwise grade crossing as a
estimated. result of a new
grade separation.
Passenger Counts............. Count........... ................ Quarterly.......... Economic State of Good Repair Count of the
Competitiveness. passenger boardings
and alightings at
stations within the
project area.
Travel Time.................. Time/Trip....... ................ Quarterly.......... Economic Quality of Life..... Point-to-point
Competitiveness. travel times
between pre-
determined station
stops within the
project area. This
measure
demonstrates how
track improvements
and other upgrades
improve operations
on a rail line. It
also helps make
sure the railroad
is maintaining the
line after project
completion.
Track weight capacity........ Lbs............. ................ Annual............. State of Good Repair Economic If a project is
Competitiveness. upgrading a line to
accommodate heavier
rail cars
(typically an
increase from
263,000 lb. rail
cars to 286,000 lb.
rail cars.)
Track Miles.................. Miles........... ................ Annual............. State of Good Repair Economic The number of track
Competitiveness. miles that exist
within the project
area. This measure
can be beneficial
for projects
building sidings or
sections of
additional main
line track on a
railroad.
Pedestrian Trespasser Count........... Duration of the Annual............. Safety.............. .................... The number of
Incidents \23\ Project trespasser
Performance casualties that are
Period and one eliminated. This
year before and measure can be
one year after. helpful to identify
the success of the
measures taken to
prevent trespasser
fatalities.
Equity in Contracting........ Count of small Duration of the Annual............. Economic .................... Contracting with
businesses Project Competitiveness. small and minority
contracted. Performance businesses, women's
Period. business
enterprises, and
labor surplus area
firms (each a
``Small Business'')
for the Project].

[[Page 54295]]

Fuel Savings/Emissions....... Gallons......... ................ Annual............. Environmental .................... The total gallons of
Sustainability. fuel saved as a
result of
rehabilitating,
remanufacturing,
procuring, or
overhauling
locomotives.
--------------------------------------------------------------------------------------------------------------------------------------------------------

G. Federal Awarding Agency Contacts
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\23\ Trespasser incidents occur when a trespasser is injured,
fatally or otherwise, on railroad rights-of-way regardless of
whether such injury is train or rail equipment related.
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For further information related to this notice, please contact
Douglas Gascon, Office of Policy and Planning, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Room W38-212, Washington, DC
20590; <a href="/cdn-cgi/l/email-protection#96f2f9e3f1faf7e5b8f1f7e5f5f9f8d6f2f9e2b8f1f9e0">[email&#160;protected]</a>; 202-493-0239; or Ms. Deborah Kobrin,
Office of Policy and Planning, Federal Railroad Administration, 1200
New Jersey Avenue SE, Room W33-311, Washington, DC 20590; email at
<a href="/cdn-cgi/l/email-protection#bdd9d8dfd2cfdcd593d6d2dfcfd4d3fdd9d2c993dad2cb">[email&#160;protected]</a> or 202-420-1281.

H. Other Information

All information submitted as part of or in support of any
application shall 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 the 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.
The 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 and 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 application and proposals
submitted by successful applicants may be released in response to FOIA
requests.
The Department may share application information within the
Department or with other Federal agencies if the Department determines
that sharing is relevant to the respective program's objectives.

Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-19004 Filed 9-1-22; 8:45 am]
BILLING CODE 4910-06-P

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