[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7842-7845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03579]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for Law Enforcement Strategies for 
Reducing Trespassing Pilot Grant Program

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

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: This notice details the application requirements and 
procedures to obtain grant \1\ funding for eligible projects under the 
Law Enforcement Strategies for Reducing Trespassing Pilot Grant 
Program. The opportunities described in this notice are available under 
Catalog of Federal Domestic Assistance number 20.301, ``Rail Safety 
Grants.''
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    \1\ The term ``grant'' is used throughout this document and is 
intended to reference funding awarded through a grant agreement, as 
well as funding awarded through a cooperative agreement.

DATES: Applications for funding under this solicitation are due no 
later than 5:00 p.m. EDT, on April 23, 2018. Applications for funding 
received after 5:00 p.m. EDT on April 23, 2018 will not be considered 
for funding. See Section D of this notice for additional information on 
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the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through Grants.gov will be eligible 
for award. For any supporting application materials that an applicant 
is unable to submit via Grants.gov, an applicant may submit an original 
and two (2) copies to Amy Houser, Office of Program Delivery, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-412, 
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.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, please contact Michail Grizkewitsch, Office of Railroad Safety, 
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-
446, Washington, DC 20590; email: [email protected]; phone: 
(202) 493-1370.

SUPPLEMENTARY INFORMATION: 
    Notice to applicants: FRA recommends that applicants read this 
notice in its entirety prior to preparing application materials. There 
are several administrative prerequisites and eligibility requirements 
described herein that applicants must comply with to submit an 
application. 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 Contact

A. Program Description

    Trespassing on a railroad's private property and along railroad 
rights-of-way is the leading cause of rail-related fatalities in 
America. Since 1997, more people have been fatally injured each year by 
trespassing than in motor vehicle collisions with trains at highway-
rail grade crossings. Nationally, approximately 500 trespassing deaths 
occur each year.
    By definition, trespassers are on railroad property without 
permission. They are most often people who walk across or along 
railroad tracks as a shortcut to another destination. They also may be 
engaged in another activity such as loitering, hunting, bicycling, 
snowmobiling, or all-terrain vehicle (ATV) riding.
    From August 3 to August 6, 2015, FRA sponsored the 2015 Right-of-
Way (ROW) Fatality and Trespass Prevention Workshop in Charlotte, North 
Carolina (https://www.fra.dot.gov/conference/row/index.shtml). One of 
the main objectives of the workshop was to present best practices and 
solicit new ideas about new or expanded initiatives, strategies, 
programs, and trespass prevention. The workshop provided a variety of 
presentations which covered key topic areas such as community outreach, 
enforcement, hazard management, infrastructure design and technology, 
pedestrian issues, and intentional deaths/acts.
    The Enforcement Session of the Workshop covered effective safety 
and security initiatives to identify, apprehend, prosecute, and track 
trespassers along railroad ROWs. One of the top recommended actions 
from the Enforcement Session was to ``establish a federally funded 
grant program designed specifically for the enforcement of state, 
county, or municipal laws relating to railroad trespass violations.''
    In response to that recommendation, FRA is initiating a ``Pilot 
Grant Program'' to assist communities at risk for rail trespassing 
related incidents and fatalities. The objective of this program is to 
evaluate the effectiveness of funding local law enforcement activities 
intended to reduce trespassing on the rail ROWs.
    The funded agencies will perform rail trespassing enforcement 
related activities and report those activities and associated benefits 
to FRA. The data obtained from the activities performed in this Pilot 
Grant Program will help determine the effectiveness of funding local 
law enforcement agencies for rail trespass prevention activities.
    Funding for research and development, including this Pilot Grant 
Program, was made available by the Consolidated Appropriations Act, 
2016, Public Law 114-113, Div. L, Tit. I, 129 Stat. 2242, 2853 (2015). 
FRA's research and development programs are authorized in 49 U.S.C. 
20108, 49 U.S.C. 301(6) and 49 U.S.C. 103(i) authorizes the 
Administrator to make grants.

B. Federal Award Information

    This notice contains the requirements and procedures applicants 
must follow to secure funding under the Pilot Grant Program. The total 
amount of discretionary funding available for approved expenses under 
this NOFO is $150,000. There are no predetermined minimum or maximum 
dollar thresholds for awards. FRA anticipates making multiple awards 
with the available funding. FRA may not be able to award grants to all 
eligible applications, nor even to all applications that meet or exceed 
the stated evaluation criteria (see Section E, Application Review 
Information). Projects must be completed within the six-month period of 
performance under the grant. FRA will make awards for projects selected 
under this notice

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through cooperative agreements. 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 under 2 CFR part 200, 
appendix I. The funding provided under these cooperative agreements 
will be made available to grantees on a reimbursable basis. Applicants 
must certify that their expenditures are allowable, allocable, 
reasonable, and necessary to the approved project before seeking 
reimbursement from FRA.

C. Eligibility Information

    This section of the notice explains the requirements for submitting 
an eligible grant application. Applications that do not meet the 
requirements in this section will be considered ineligible for funding. 
Instructions for conveying eligibility information to FRA are detailed 
in Section D of this NOFO.

1. Eligible Applicants

    The following entities are eligible applicants for all project 
types permitted under this notice (see Section C.3, ``Other--Project 
Eligibility''):
    a. The applicant and co-applicant pool is limited to state, county, 
municipal, local, and regional law enforcement agencies in the U.S.
    b. Applicants for this grant must have a demonstrated rail trespass 
problem in their community.
    c. At least 1 mile of FRA-regulated railroad mainline track must be 
within the boundaries of the applying agency's jurisdiction.

2. Cost Sharing or Matching

    Neither cost sharing nor matching is a requirement for this grant 
program.

3. Other--Project Eligibility

    Projects eligible for funding under this NOFO are for enforcement 
activities focused on specific railroad trespassing laws to reduce 
related incidents and casualties, particularly in areas near railroad 
trespass ``hot'' spots.
    The hourly rate for enforcement officer activities should be 
limited to the officer's overtime rate (e.g. 1.5 times the base rate). 
Administrative costs are capped at 1% of the total grant award. 
Projects must be completed within the six-month period of performance 
under the grant.
    The applicant must collect and report the following information to 
FRA for activities performed using the grant funding:
     Date, time, number of officers, location and description 
of enforcement activity;
     Justification or reason for selected enforcement activity;
     Number of contacts (i.e. encounters with trespassers);
     Number of warnings and/or citations issued; and
     The deterrence effect of such activities and method for 
measuring such deterrence. The grantee must explain how they determine 
deterrence effect.

D. Application and Submission Information

    Required documents for the application package are outlined below. 
Applicants must complete and submit the application package. The 
application package must include historical data such as law 
enforcement activity, trespassing incident and casualty records, or 
criminal complaints. FRA suggests submission of supporting 
documentation such as letters of support.

1. Address To Request Application Package

    Applicants must submit all application materials through http://www.Grants.gov no later than 5:00 p.m. EDT, on April 23, 2018. 
Applicants are strongly encouraged to apply early to ensure that all 
materials are received before the application deadline. General 
information for submitting applications through Grants.gov can be found 
at: https://www.fra.dot.gov/Page/P0270.

2. Content and Form of Application Submission

    Applicants should read this section carefully and must submit all 
required information.
a. Project Narrative
    This section describes the minimum requirement for the Project 
Narrative. FRA also recommends the Project Narrative generally adhere 
to the following outline. The narrative may include spreadsheet 
documents, tables, maps, drawings, and other materials, as appropriate. 
The Project Narrative must not exceed 25 pages excluding cover pages 
and table of contents. Pages in excess of the maximum will not be 
reviewed.
    The Project Narrative must:
    i. Include a title page that lists the following elements in either 
a table or formatted list: project title; location (i.e., town, city, 
county, State, Congressional district); applicant organization name; 
name of any co-applicants; and amount of Federal funding requested;
    ii. Designate a point of contact for the applicant and provide his 
or her name and contact information, including phone number, mailing 
address, and email address. The point of contact must be an employee of 
the applicant;
    iii. Explain how the applicant meets the applicant eligibility 
criteria outlined in Section C of this notice;
    iv. Provide a brief 4-6 sentence summary of the proposed project, 
capturing the challenges the proposed project aims to address, intended 
outcomes, and anticipated benefits that will result from the proposed 
project;
    v. Include a detailed project description that expands upon the 
brief summary required above. This detailed description should provide, 
at a minimum, additional background on the challenges the project aims 
to address, the expected beneficiaries of the project, the specific 
components and elements of the project, and any other information the 
applicant deems necessary to justify the proposed project. The detailed 
description should clearly explain how the proposed project meets the 
project eligibility criteria in Section C of this notice;
    vi. Include geospatial data for the project showing trespass 
``hotspots.'' If applicable, the project description must also cite 
specific DOT National Highway-Rail Crossing Inventory information for 
trespass ``hot'' spots at grade crossings, including the name of the 
railroad that owns the infrastructure (or the crossing owner, if 
different from the railroad), the name of the primary operating 
railroad, the DOT National Highway-Rail Crossing Inventory Number, and 
the name of the roadway at the crossing. Applicants can search for data 
to meet this requirement at the following link: http://safetydata.fra.dot.gov/OfficeofSafety/default.aspx; and
    vii. Include a thorough discussion of how the proposed project 
meets all the evaluation criteria. Applicants should note that FRA 
reviews applications based upon the evaluation criteria in Section 
E.1.b; therefore, an application should sufficiently address the 
evaluation criteria.
b. Additional Application Elements
    Applicants must include the following documents in the application 
package:
    i. SF 424--Application for Federal Assistance;
    ii. SF 424A--Budget Information for Non-Construction;
    iii. SF 424B--Assurances for Non-Construction;
    iv. FRA's Additional Assurances and Certifications; and

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    v. SF LLL--Disclosure of Lobbying Activities.
    Forms needed for the electronic application process are at 
www.grants.gov.
c. Post-Selection Requirements
    See Section F(2) for post-selection requirements.

3. Unique Entity Identifier, System for Award Management (SAM), and 
Submission Instructions

    To apply for funding through Grants.gov, applicants must be 
properly registered. Complete instructions on how to register and 
submit an application can be found at www.Grants.gov. Registering with 
Grants.gov is a one-time process; however, it can take up to several 
weeks for first-time registrants to receive confirmation and a user 
password. FRA recommends that applicants start the registration process 
as early as possible to prevent delays that may preclude submitting an 
application package by the application deadline. Applications will not 
be accepted after the due date. Delayed registration is not an 
acceptable justification for an application extension.
    FRA may not make a grant award to an applicant until the applicant 
has complied with all applicable Data Universal Numbering System (DUNS) 
and SAM requirements. (Please note that if a Dun & Bradstreet DUNS 
number must be obtained or renewed, this may take a significant amount 
of time to complete.) Late applications that are the result of a 
failure to register or comply with Grants.gov applicant requirements in 
a timely manner will not be considered. To submit an application 
through Grants.gov, applicants must:
a. Obtain a DUNS number
    A DUNS number is required for Grants.gov registration. The Office 
of Management and Budget requires that all businesses and nonprofit 
applicants for Federal funds include a DUNS number in their 
applications for a new award or renewal of an existing award. A DUNS 
number is a unique nine-digit sequence recognized as the universal 
standard for the government in identifying and keeping track of 
entities receiving Federal funds. The identifier is used for tracking 
purposes and to validate address and point of contact information for 
Federal assistance applicants, recipients, and sub-recipients. The DUNS 
number will be used throughout the grant life cycle. Obtaining a DUNS 
number is a free, one-time activity. Applicants may obtain a DUNS 
number by calling 1-866-705-5711 or by applying online at http://www.dnb.com/us.
b. Register With the SAM at www.SAM.gov
    All applicants for Federal financial assistance must maintain 
current registrations in the SAM database. An applicant must be 
registered in SAM to successfully register in Grants.gov. The SAM 
database is the repository for standard information about Federal 
financial assistance applicants, recipients, and sub recipients. 
Organizations that have previously submitted applications via 
Grants.gov are already registered with SAM, as it is a requirement for 
Grants.gov registration. Please note, however, that applicants must 
update or renew their SAM registration at least once per year to 
maintain an active status. Therefore, it is critical to check 
registration status well in advance of the application deadline. If an 
applicant is selected for an award, the applicant must maintain an 
active SAM registration with current information throughout the period 
of the award. Information about SAM registration procedures is 
available at www.sam.gov.
c. Create a Grants.gov username and password
    Applicants must complete an Authorized Organization Representative 
(AOR) profile on www.Grants.gov and create a username and password. 
Applicants must use the organization's DUNS number to complete this 
step. Additional information about the registration process is 
available at: https://www.grants.gov/web/grants/applicants/organization-registration.html.
d. Acquire Authorization for Your AOR From the E-Business Point of 
Contact (E-Biz POC)
    The E-Biz POC at the applicant's organization must respond to the 
registration email from Grants.gov and login at www.Grants.gov to 
authorize the applicant as the AOR. Please note there can be more than 
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This 
NOFO
    If an applicant experiences difficulties at any point during this 
process, please call the Grants.gov Customer Center Hotline at 1-800-
518-4726, 24 hours a day, 7 days a week (closed on Federal holidays). 
For information and instructions on each of these processes, please see 
instructions at: http://www.grants.gov/web/grants/applicants/apply-for-grants.html.

    Note: Please use generally accepted formats such as .pdf, .doc, 
.docx, .xls, .xlsx and .ppt, when uploading attachments. While 
applicants may embed picture files, such as .jpg, .gif, and .bmp, in 
document files, applicants should not submit attachments in these 
formats. Additionally, the following formats will not be accepted: 
.com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, 
.ora, .sys, and .zip.

4. Submission Dates and Times

    Complete applications must be received through www.Grants.gov no 
later than 5:00 p.m. EDT, on April 23, 2018.
    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 Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; or (4) technical issues experienced with 
the applicant's computer or information technology environment.

5. Intergovernmental Review

    Executive Order 12372 requires applicants from State and local 
units of government or other organizations providing services within a 
State to submit a copy of the application to the State Single Point of 
Contact (SPOC), if one exists, and if this program has been selected 
for review by the State. Applicants must contact their State SPOC to 
determine if the program has been selected for State review.

6. Funding Restrictions

    Court costs are not an eligible expense under this grant. FRA will 
only approve pre-award costs consistent with 2 CFR 200.458. Under 2 CFR 
200.458, grant recipients must seek written approval from FRA for pre-
award activities to be eligible for reimbursement under the cooperative 
agreement.

E. Application Review Information

1. Criteria

a. Intake and Eligibility Criteria
    FRA will first screen each application for eligibility (eligibility 
requirements are outlined in Section C of this notice) and completeness 
(application documentation and submission requirements are outlined in 
Section D of this notice).

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b. Evaluation Criteria
    FRA-led technical panels of subject-matter experts will evaluate 
all eligible and complete applications using the evaluation criteria 
outlined in this section. FRA will analyze each application using the 
criteria and factors below.
    i. Technical Merit. FRA will evaluate application information for 
the degree to which:
    a. The application is thorough and responsive to all the 
requirements outlined in this notice.
    b. The tasks outlined in the project narrative are appropriate to 
achieve the expected safety benefits of the proposed project.
    c. The proposed costs or level of effort are realistic and 
sufficient to accomplish the tasks.
    ii. Project Benefits
    FRA intends to award funds to projects that achieve the maximum 
benefits possible. FRA will evaluate the extent to which:
    a. The application contains data and/or supporting information to 
describe the safety risk posed by rail trespassing in the applicant's 
jurisdiction. This information could include counts of trespass 
incidents and casualties, close calls and media coverage of high-
visibility encounters.
    b. The applicant describes the expected safety benefit of the 
project, namely how initiatives funded by this program will reduce 
trespassing on the rail ROW.
    c. The applicant demonstrates a cooperative relationship with 
stakeholders (e.g. rail owners and operators, adjacent property owners, 
municipal governments).
c. Selection Criteria
    In addition to the evaluation criteria, the projects selected for 
funding will advance FRA's current mission and key priorities.

2. Review and Selection Process

    FRA will review the applications as follows:
    a. Screen applications for completeness and eligibility;
    b. Evaluate complete and eligible applications (conducted by 
technical panels applying the evaluation criteria); and
    c. Select projects for funding (completed by the FRA Administrator 
applying selection criteria).

F. Federal Award Administration Information

1. Federal Award Notices

    Applications selected for funding will be announced after the 
application review period through a press release on FRA's website. 
Following the announcement, unsuccessful applicants will be notified in 
writing of the outcomes of the application selection process with a 
brief explanation of the decision. FRA will contact applicants with 
successful applications after announcement with information and 
instructions about the award process. Notification of a selected 
application is not an authorization to begin proposed project 
activities. A formal Notice of Grant Agreement signed by both the 
grantee and the FRA containing an approved scope, schedule, and budget, 
is required before the award is considered complete.
    The period of performance for grants awarded under this notice will 
be six months. FRA will only consider written requests to extend the 
period of performance with specific and compelling justifications for 
why an extension is required. Any obligated funding not spent by the 
grantee and reimbursed by the FRA upon completion of the grant will be 
de-obligated.

2. Administrative and National Policy Requirements

    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested. In those cases, 
applicants must be able to demonstrate that the proposed projects are 
still viable and can be completed with the amount awarded.
    Grantees and entities receiving funding from the grantee (sub-
recipients) must comply with all applicable laws and regulations. A 
non-exclusive list of administrative and national policy requirements 
that grantees must follow includes: 2 CFR part 200; procurement 
standards; compliance with Federal civil rights laws and regulations; 
disadvantaged business enterprises; debarment and suspension; drug-free 
workplace; FRA's and OMB's Assurances and Certifications; Americans 
with Disabilities Act; and labor standards, safety requirements, 
environmental protection, National Environmental Policy Act, 
environmental justice, and Buy American (41 U.S.C. 8302) provisions. 
See: https://www.fra.dot.gov/Page/P0269.

3. Reporting

a. 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 (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 the designated integrity and performance system, 
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.
b. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports may be submitted electronically.
c. Performance Reporting
    Each applicant selected for funding must collect information and 
report on the project's performance as directed by the FRA to assess 
progress.
    The applicant must comply with all relevant requirements of 2 CFR 
part 200.

G. Federal Awarding Agency Contact

    For further information regarding this notice and the grants 
program, please contact Michail Grizkewitsch, Office of Railroad 
Safety, Federal Railroad Administration, 1200 New Jersey Avenue SE, 
Room W33-446, Washington, DC 20590; email: 
[email protected].

    Issued in Washington, DC on February 15, 2018.
Jamie Rennert,
Director, Office of Program Delivery, Federal Railroad Administration.
[FR Doc. 2018-03579 Filed 2-21-18; 8:45 am]
 BILLING CODE 4910-06-P