[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54278-54295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov will be 
eligible for award. For any supporting application materials that an 
applicant is unable to submit via www.Grants.gov (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: [email protected]; 
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 [email protected] 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 https://www.transportation.gov/sites/dot.gov/files/2022-04/US_DOT_FY2022-26_Strategic_Plan.pdf.
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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 (arcgis.com) and at: https://usdot.maps.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a.
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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 https://www.regulations.gov 
(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 https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance-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 https://www.fra.dot.gov/environment.
    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: https://www.fra.dot.gov/eLib/Details/L19057. 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: 
https://www.fra.dot.gov/Page/P0926.
    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\
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    \10\ Only costs for FD and Construction stages and forward are 
eligible within this eligibility category.
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    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 https://www.Grants.gov. 
Applicants must submit all application materials in their entirety 
through https://www.Grants.gov 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 Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that 
information is available in appropriate alternative formats to meet the 
requirements of persons who have a 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: 
[email protected]; 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: https://safetydata.fra.dot.gov/OfficeofSafety/default.aspx. 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 https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/1265/USCommunityTrespassPreventionGuide_2010F%282-29%29.pdf.
---------------------------------------------------------------------------

    (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 https://www.fra.dot.gov/Page/P0274). 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 https://www.fra.dot.gov/environment.
    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 
atwww.Grants.gov.
    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 https://www.fra.dot.gov/Page/P0325. 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 https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. 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 https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
    viii. FRA F 251--Applicant Financial Capability Questionnaire, 
located at https://railroads.dot.gov/elibrary/fra-f-251.
    ix. SF LLL--Disclosure of Lobbying Activities, 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 Grants.gov, applicants must be 
properly registered in SAM before submitting an application; provide a 
valid unique entity identifier in its application; and continue to 
maintain an active SAM registration as described in detail below. 
Complete instructions on how to register and submit an application can 
be found atwww.Grants.gov. Registering with Grants.gov is a one-time 
process; however, it can take up to several weeks for first-time 
registrants to receive confirmation and a user password. FRA recommends 
that applicants start the registration process as early as possible to 
prevent delays that may preclude submitting an application package by 
the application deadline. Applications will not be accepted after the 
due date. Delayed registration is not an acceptable justification for 
an application extension.
    FRA may not make a grant award to an applicant until the applicant 
has complied with all applicable SAM requirements. 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 Grants.gov applicant requirements in 
a timely manner will not be considered. If an applicant has not fully 
complied with the requirements by the submission deadline, the 
application will not be considered. To submit an application through 
Grants.gov, applicants must:
a. Register With 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 subrecipients. 
Organizations that have previously submitted applications via 
Grants.gov are already registered with SAM, as it is a requirement for 
Grants.gov registration. Please note, however, that applicants must 
update or renew their SAM registration at least once per year to 
maintain an active status. Therefore, it is critical to check 
registration status well in advance of the application deadline. If an 
applicant is selected for an award, the applicant must maintain an 
active SAM registration with current information throughout the period 
of the award, including information on a 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 
(SAM.gov). This new identifier is called the Unique Entity Identifier 
(UEI), or the Entity ID. To find or request a Unique Entity Identifier, 
please visit www.sam.gov.
c. Create a Grants.gov Username and Password
    Applicants must complete an Authorized Organization Representative 
(AOR) profile on www.Grants.gov and create a username and password. 
Applicants must use the organization's UEI to complete this step. 
Additional information about the registration process is available at: 
https://www.grants.gov/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 atwww.Grants.gov to 
authorize the applicant as the AOR. Please note there can be more than 
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This 
NOFO
    If an applicant has trouble at any point during this process, 
please call the Grants.gov Customer Center Hotline at 1-800-518-4726, 
24 hours a day, 7 days a week (closed on Federal holidays). For 
information and instructions on each of these processes, please see 
instructions at: https://www.grants.gov/web/grants/applicants/apply-for-grants.html.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 5 p.m. ET, December 1, 2022. Applicants will receive a 
system-generated acknowledgement of receipt. FRA reviews www.Grants.gov 
information on dates/times of applications submitted to determine 
timeliness of submissions. Late applications will be neither reviewed 
nor considered. 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 
Grants.gov. 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 Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; and (4) technical issues experienced 
with the applicant's computer or information technology environment.

5. Intergovernmental Review

    Intergovernmental Review is required for this program. Applicants 
must contact their State Single Point of Contact to comply with their 
state's process under Executive Order 12372.

6. Funding Restrictions

    Consistent with 2 CFR 200.458, as applicable, FRA will only approve 
pre-award costs if such costs are incurred pursuant to the negotiation 
and in anticipation of the grant agreement and if such costs are 
necessary for efficient and timely performance of the scope of work. 
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.
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    \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 Grants.gov, 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\
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    \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
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    \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 https://railroads.dot.gov/safety-data, 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 https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. 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 https://railroads.fra.dot.gov/elibrary/award-administration-and-grant-conditions. 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 https://www.govinfo.gov/content/pkg/FR-2022-03-04/pdf/2022-04530.pdf 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 https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
---------------------------------------------------------------------------

    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 https://www.epa.gov/ejscreen.
---------------------------------------------------------------------------

    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.
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    \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.
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    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: https://www.dol.gov/agencies/ofccp/faqs/construction-compliance.
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 https://www.cisa.gov/cpgs.
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
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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; [email protected]; 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 
[email protected] 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