[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22206-22228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06710]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for the FY 2023-FY 2024 
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 Years 2023 and 2024. This notice solicits applications for 
program funds made available by the Consolidated Appropriations Act, 
2023, Consolidated Appropriations Act, 2024, and the Infrastructure 
Investment and Jobs Act. This notice also solicits applications for 
projects under the Magnetic Levitation Technology Deployment Program, 
funded by the Consolidated Appropriations Act, 2021. The opportunity 
described in this notice is made available under Assistance Listings 
Number 20.325, ``Consolidated Rail Infrastructure and Safety 
Improvements,'' and Assistance Listings Number 20.318, ``Maglev Project 
Selection--SAFETEA-LU.''

DATES: Applications for funding under this solicitation are due no 
later than 11:59 p.m. EST, May 28, 2024. Applications that are 
incomplete or received after 11:59 p.m. EST, on May 28, 2024 will not 
be considered for funding. See section D of this notice for additional 
information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov will be 
eligible for award. For 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 Ms. Deborah Kobrin, Office of Rail Program Development, 
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

[[Page 22207]]

courier service) to ensure timely receipt of materials before the 
application deadline.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the FRA NOFO Support program staff via 
email at [email protected]. If additional assistance is needed, 
you may contact Ms. Deborah Kobrin, Supervisory Transportation 
Specialist, at email: [email protected] or telephone: 202-420-
1281; Ms. Jenny Zeng, Transportation Industry Analyst, at email: 
[email protected] or telephone: 857-330-2481; in FRA's Office of Rail 
Program Development.

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

Table of Contents

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

  Summary Overview of Key Information--Consolidated Rail Infrastructure
                 and Safety Improvements Program (CRISI)
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Issuing Agency...............  Federal Railroad Administration, U.S.
                                Department of Transportation
Program Overview.............  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 rail 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.
Eligible Applicants..........   A State (including the District
                                of Columbia).
                                A group of States.
                                An Interstate Compact.
                                A public agency or publicly
                                chartered authority established by 1 or
                                more states.
                                A political subdivision of a
                                State.
                                Amtrak or another rail carrier
                                that provides intercity rail passenger
                                transportation (as rail carrier and
                                intercity rail passenger transportation
                                are defined in 49 U.S.C. 24102).
                                A Class II railroad or Class III
                                Railroad, including any holding company
                                of a Class II or Class III railroad (as
                                those terms are defined in 49 U.S.C.
                                20102).
                                An association representing one
                                or more railroads described in paragraph
                                (g).
                                A federally recognized Indian
                                Tribe.
                                Any rail carrier or rail
                                equipment manufacturer in partnership
                                with at least one of the entities
                                described in paragraphs (a) through (e).
                                The Transportation Research
                                Board and any entity with which it
                                contracts in the development of rail-
                                related research, including cooperative
                                research programs.
                                A University transportation
                                center engaged in rail-related research.
                                A non-profit labor organization
                                representing a class or craft of
                                employees of rail carriers or rail
                                carrier contractors.
Eligible Project Types.......   Deployment of railroad safety
                                technology, including positive train
                                control and rail integrity inspection
                                systems.
                                A capital project as defined in
                                49 U.S.C. 22901(2), except that a
                                project shall not be required to be in a
                                State rail plan developed under 49
                                U.S.C. chapter 227.
                                A capital project identified by
                                the Secretary as being necessary to
                                address congestion or safety challenges
                                affecting rail service.
                                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.
                                A highway-rail grade crossing
                                improvement project.
                                A rail line relocation or
                                improvement project.
                                A capital project to improve
                                short-line or regional railroad
                                infrastructure.
                                The preparation of regional rail
                                and corridor service development plans
                                and corresponding environmental
                                analyses.
                                Any project that the Secretary
                                considers necessary to enhance
                                multimodal connections or facilitate
                                service integration between rail service
                                and other modes.
                                The development and
                                implementation of a safety program or
                                institute designed to improve rail
                                safety.
                                The development and
                                implementation of measures to prevent
                                trespassing and reduce associated
                                injuries and fatalities.
                                Any research that the Secretary
                                considers necessary to advance any
                                particular aspect of rail-related
                                capital, operations, or safety
                                improvements.
                                Workforce development and
                                training activities.
                                Research, development, and
                                testing to advance and facilitate
                                innovative rail projects.
                                The preparation of emergency
                                plans for communities through which
                                hazardous materials are transported by
                                rail.
                                Rehabilitating, remanufacturing,
                                procuring, or overhauling locomotives,
                                provided that such activities result in
                                a significant reduction of emissions.
                                 xvii. Deployment of Magnetic Levitation
                               Transportation Projects.
Funding......................  The total funding available for awards
                                under this NOFO is up to $2,478,391,050.
Deadline.....................  Deadline: May 28, 2024.
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[[Page 22208]]

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 rail 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 opportunities for 
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, 2023, division L, title I, Public Law 
117-328 (2023 Appropriation), Consolidated Appropriations Act, 2024, 
division F, title I, Public Law 118-42 (2024 Appropriation) and the 
2023 and 2024 advance appropriation in the Infrastructure Investment 
and Jobs Act, division J, title II, Public Law 117-58 (2021).
    In addition to the funding made available for the CRISI Program, 
this NOFO includes funds for eligible projects under the Magnetic 
Levitation Technology Deployment Program (Maglev Grants Program) and 
solicits applications for eligible project costs for the deployment of 
magnetic levitation transportation projects. The Maglev Grants Program 
is 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.
    This NOFO integrates FRA's Guidance on Development and 
Implementation of Railroad Capital Projects (88 FR 2163, Jan. 12, 2023) 
(FRA's Capital Projects Guidance) which assists project sponsors in 
developing effective and complete capital projects by defining the 
project development process and describing implementation tools, 
processes, and documentation that may be required for a grant. FRA's 
Capital Projects Guidance can be found here: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
    In December 2023, FRA updated its standard grant agreement terms 
and conditions. The new FRA grant agreement consists of three parts: 
Attachment 1: Standard Terms and Conditions, Attachment 2: Project-
Specific Terms and Conditions, and Terms and Conditions Exhibits. The 
updated agreements are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
    The Department seeks to fund projects that advance the 
Administration Priorities of safety, equity, climate and 
sustainability, workforce development, job quality, and wealth creation 
as described in the U.S. Department of Transportation (DOT) Strategic 
Plan,\1\ and in executive orders, which are described in section E.
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    \1\ Additional information about the USDOT Strategic Plan, 
Research, Development and Technology Strategic Plan can be found 
here: https://www.transportation.gov/dot-strategic-plan.
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2. Definitions of Key Terms

    Terms defined in this section are capitalized throughout this 
notice.
    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. All project submissions to the 
CRISI program require a Benefit-Cost Analysis. Please refer to the 
updated Benefit-Cost Analysis Guidance for Discretionary Grant Programs 
(2024) 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.\2\
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    \2\ Additional information about the BCA FAQs can be found here: 
https://railroads.dot.gov/rail-network-development/planning/project-planning/benefit-cost-analysis-guidance.
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    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,\3\ 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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    \3\ FRA will consider right-of-way acquisition only for 
applications which seek Construction funding.
    \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. ``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.
    d. ``Construction'' means the Lifecycle Stage of a Capital Project 
during which the Capital Project is completely built, installed and 
placed into use. Construction activities include, but are not limited 
to, physical construction and installation of the Capital Project, 
including testing of equipment, workforce training, and start-up 
testing. Construction activities occur after a project has completed 
Final Design.
    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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[[Page 22209]]

    f. ``Final Design'' or ``FD'' means the Lifecycle Stage of a 
Capital Project during which the Capital Project design is advanced to 
be ready for Construction. This is when the agreements necessary to 
construct and operate the Capital Project are secured, acquisition of 
right-of-way is completed, and final engineering plans and 
specifications necessary for construction of the project are produced. 
Final Design activities occur after a Capital Project has completed 
Project Development, and before a Capital Project can advance to 
Construction. Final Design is described in FRA's Capital Projects 
Guidance.
    g. ``Intercity Rail Passenger Transportation'' means rail passenger 
transportation, except commuter rail passenger transportation. see 49 
U.S.C. 22901(3), and in this NOFO, it has the same meaning as 
``Intercity Passenger Rail Service'' and ``Intercity Passenger Rail 
Transportation''.
    h. ``Lifecycle Stage'' means each of the consecutive stages of a 
Capital Project as it is developed and implemented that include Systems 
Planning, Project Planning, Project Development, Final Design, 
Construction, and Operation. Each sequential stage involves specific 
activities. Lifecycle Stages are described in FRA's Capital Projects 
Guidance.
    i. ``Major Project'' means a Capital Project with a capital cost 
estimate equal to or greater than $500 million and with at least $100 
million in federal assistance under the CRISI Program. Major Project is 
described in FRA's Capital Project Guidance.
    j. ``National Environmental Policy Act'' or ``NEPA'' (42 U.S.C. 
4321 et seq.) is a Federal law that requires Federal agencies to 
analyze and document the environmental impacts of a proposed action in 
consultation with appropriate Federal, Tribal, state, and local 
authorities, and with the public. Environmental review under NEPA 
consists of an Environmental Impact Statement (EIS), Environmental 
Assessment (EA) or Categorical Exclusion (CE). The NEPA class of action 
depends on the potential environmental impacts of the proposed action. 
For purposes of this NOFO, NEPA also includes all related Federal laws 
and regulations including the Clean Air Act, section 4(f) of the 
Department of Transportation Act, section 7 of the Endangered Species 
Act, and section 106 of the National Historic Preservation Act. 
Additional information regarding FRA's environmental processes and 
requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment. NEPA consultation and 
documentation are considered part of the Project Development Lifecycle 
Stage, as described in FRA's Capital Projects Guidance.
    k. ``Positive Train Control System'' (``PTC'') 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. ``Preliminary Engineering'' or ``PE'' means engineering design 
to define a Capital Project, including identification of all 
environmental impacts and design of all critical project elements at a 
level sufficient to ensure reliable cost estimates and schedules. The 
PE development process starts with specific project design alternatives 
that allow for the assessment of a range of rail improvements, specific 
alignments, and project designs. PE is considered part of the Project 
Development Lifecycle Stage, as described in FRA's Capital Projects 
Guidance.
    m. ``Project Development'' means the Lifecycle Stage of a Capital 
Project during which the project sponsor conducts design, 
environmental, and other studies to ensure the Capital Project is ready 
for implementation. Project Development activities occur after a 
project sponsor has completed Project Planning, and before a Capital 
Project can advance to Final Design. Project Development is described 
in FRA's Capital Projects Guidance.
    n. ``Project Management Plan'' means, under this NOFO, a document 
that describes how the Capital Project will be implemented, monitored, 
and controlled to help the project sponsor effectively, efficiently, 
and safely deliver the project on time, within budget, and at the 
highest appropriate quality. Project Management Plan is described in 
FRA's Capital Projects Guidance.
    o. ``Project Planning'' is the first Lifecycle Stage of a Capital 
Project during which the project sponsor identifies Capital Project 
concepts to adequately address transportation needs and opportunities 
identifies and compares costs, benefits, and impacts of project 
options; identifies the impacted environmental resources and engages 
with interested parties, agencies, and infrastructure owners. Project 
Planning activities are completed before a Capital Project advances to 
Project Development. Project Planning is described in FRA's Capital 
Projects Guidance and consistent with the 2023 Appropriation.
    p. ``Rural Area'' means any area that is not within an area 
designated as an urban area with at least 50,000 in population by the 
most recent decennial Census.
    q. ``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.
    r. ``Significant Reduction of 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 or Tier 3 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 and Tier designations for line-haul and switch locomotives 
are set by the U.S. Environmental Protection Agency, 40 CFR part 1033, 
subpart B.
    s. ``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. System 
Planning is described in FRA's Capital Projects Guidance.
    t. ``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 & Special Funding Set-Asides

    The total funding available for awards under this NOFO is up to 
$2,478,391,050, made available by the 2023 Appropriation, 2024 
Appropriation, 2023 and 2024 advance appropriations provided in IIJA, 
and remaining unawarded 2022 CRISI balances.\6\ The total funding also

[[Page 22210]]

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. Any awards 
made under this NOFO are subject to the availability of appropriated 
funds.
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    \6\ In addition to the $2,478,391,050 in CRISI funding made 
available in this NOFO, $80,727,922 in CRISI funds will be 
separately made available for Special Transportation Circumstances 
grants, $129,383,997 in CRISI funds 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 $55,179,159 in CRISI funds will be 
set aside for award and program oversight conducted by FRA.
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    Further, of the available award amount listed above, certain 
funding amounts are set aside for the following purposes under this 
NOFO:
    a. Rural Set-Aside--At least $657,393,500, or 25 percent of the 
total amount appropriated of the CRISI Program funds, will be made 
available for projects located 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 as defined by 49 U.S.C. 22901(2) 
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 2023 Appropriation.
    c. Trespassing Measures Set-Aside--At least $32,724,132 \7\ 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) \8\ and as required in the 2023 
Appropriation.
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    \7\ This amount includes $25,000,000 in Fiscal Year 2023 Annual 
Appropriation and $7,724,132 in carryover funding from Fiscal Year 
2022.
    \8\ 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, $5,000,000 
will be made available from the 2023 Appropriation for preconstruction 
planning activities and capital costs related to the deployment of 
magnetic levitation transportation projects.
    e. Workforce Development Set-Aside--At least $5,000,000 will be 
made available for workforce development and training activities, as 
described in 49 U.S.C. 22907(c)(13) and as required by the 2023 
Appropriation.

2. Award Size

    FRA anticipates making multiple awards with the available funding. 
FRA may not be able to award grants to all eligible applications even 
if they meet or exceed the stated evaluation criteria (see section E, 
Application Review Information). FRA strongly encourages applicants to 
seek funding for the appropriate Lifecycle Stage of a Capital Project, 
consistent with the application tracks in section C(3)(c) below. Where 
an application includes multiple Lifecycle Stages of a Capital Project, 
FRA may decide to only award funds for what it determines is the 
appropriate Lifecycle Stage.
    In addition, projects may require more funding than is available. 
FRA encourages applicants to propose a project that has operational 
independence, or a component of such project, which can be completed 
and implemented with funding under this NOFO as a part of the total 
project cost together with other, non-Federal sources. (See section 
C(3)(c) for more information). While there is no predetermined minimum 
or maximum dollar threshold for individual awards, FRA encourages 
applications that request funding in excess of $1,000,000.
    Applicants are not limited in the number of projects for which they 
seek funding. Applicants submitting more than one application are 
requested to submit a priority ranking of their submitted applications 
that is consistent with each application package submitted.

3. Award Type

    FRA will make awards for projects selected under this notice 
through grant agreements and/or cooperative agreements. Grant 
agreements are used when FRA does not expect to have substantial 
Federal involvement in carrying out the funded activity. Cooperative 
agreements allow for substantial Federal involvement in carrying out 
the agreed upon investment, including technical assistance, review of 
interim work products, and increased program oversight. The term 
``grant'' is used throughout this document and is intended to reference 
funding awarded through a grant agreement or a cooperative agreement.
    The funding provided under this NOFO will be made available to 
grantees on a reimbursable basis. Applicants must certify that their 
expenditures are allowable, allocable, reasonable, and necessary to the 
approved project before seeking reimbursement from FRA. Additionally, 
the grantee is expected to expend matching funds at the required 
percentage concurrent with Federal funds throughout the life of the 
project.
    The new FRA grant agreement consists of three parts: Attachment 1: 
Standard Terms and Conditions, Attachment 2: Project-Specific Terms and 
Conditions, and Terms and Conditions Exhibits. The grant agreement 
templates are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements. These templates are subject to 
revision.

4. Concurrent Applications

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

C. Eligibility Information

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

1. Eligible Applicants

    The following entities are eligible applicants for all CRISI 
projects under this notice: \9\
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    \9\ For applications seeking funding under the Maglev Grant 
Program, only a State, States, or an authority designated by one or 
more States are eligible to receive funding under this NOFO.
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    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 
one 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 49 U.S.C. 24102).
    g. A Class II railroad or Class III railroad, including any holding

[[Page 22211]]

company of a Class II or Class III railroad (as those terms are defined 
in 49 U.S.C. 20102).\10\
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    \10\ Consistent with 49 U.S.C. 20102, a Class II and Class III 
railroad is defined as an entity that is a railroad carrier (under 
49 U.S.C. 20102(3)) with an annual carrier operating revenue that 
meets the threshold amount for Class II and Class III carriers, as 
determined by the Surface Transportation Board in 49 CFR 1201.1-1.
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    h. An association representing one 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 one 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.
    Amounts awarded from the 2023 and 2024 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 recipient of the grant award. An 
application may identify entities that are not eligible applicants as 
project partners.

2. Cost Sharing and Matching

    The Federal share of total costs for CRISI Program projects funded 
under this NOFO 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, environmental 
analyses, and information on the expected use of equipment and/or 
facilities. Additionally, in preparing estimates of total project 
costs, applicants are encouraged to use FRA's cost estimate guidance 
documentation, ``Capital Cost Estimating: Guidance for Project 
Sponsors,'' which is available at: https://www.fra.dot.gov/Page/P0926. 
Project sponsors should account for the impact of factors such as 
inflation as the applicant prepares their scope, schedule, and budget.
    The minimum 20 percent non-Federal share may be comprised of public 
sector (e.g., State or local) or private sector funding. FRA will not 
consider any Federal financial assistance, or any non-Federal funds 
already expended (or otherwise encumbered) toward the matching 
requirement, unless such sources are compliant with 2 CFR part 200. In-
kind contributions, including the donation of services, materials, and 
equipment, may be credited as a project cost in a uniform manner 
consistent with 2 CFR 200.306. In addition, applicants may count costs 
incurred for Preliminary Engineering associated with highway-rail grade 
crossing improvement projects and trespassing prevention projects as 
described in 49 U.S.C. 22907(c)(5) and (11), respectively, 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).\11\ 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.
---------------------------------------------------------------------------

    \11\ FRA interprets the language in 49 U.S.C. 22907(h)(4) to 
permit FRA to reimburse grantees for Preliminary Engineering costs 
on Highway-rail grade crossing projects 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.
---------------------------------------------------------------------------

    If Amtrak or another rail carrier is an applicant under this CRISI 
Program, Amtrak or such 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 elements/activities (e.g., new deliverables) are 
eligible for funding under this NOFO.
    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See section D(2)(a)(iii) 
for required application information on non-Federal match and section E 
for further discussion of FRA's consideration of matching funds in the 
review and selection process. FRA will approve pre-award costs incurred 
after announcement of awards consistent with 2 CFR 200.458, as 
applicable. See section D(6). Cost sharing or matching may be used only 
for eligible expenses for authorized Federal award purposes.
    All contracts for projects financed with Federal funds will be 
subject to applicable Federal requirements. Applicants that have 
entered into contracts for a proposed project prior to award must 
ensure that applicable Federal requirements are included in the 
contract in the event the project is selected and Federal funds are 
obligated.

3. Eligible Projects

a. The Following Are Eligible Under This NOFO
    i. Deployment of railroad safety technology, including positive 
train control (PTC) 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.\12\
---------------------------------------------------------------------------

    \12\ Only costs for FD and Construction stages and forward are 
eligible within this eligibility category.
---------------------------------------------------------------------------

    ii. A capital project as defined in 49 U.S.C. 22901(2), except that 
a project shall not be required to be included in a State rail plan 
developed under 49 U.S.C. chapter 227.
    iii. A capital project identified by the Secretary as being 
necessary to address congestion or safety challenges affecting rail 
service.\13\
---------------------------------------------------------------------------

    \13\ FRA interprets ``capital project'' in this section to mean 
a Capital Project as defined in this NOFO. For example, a track 
improvement project that also addresses congestion or safety issues.
---------------------------------------------------------------------------

    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.\14\
---------------------------------------------------------------------------

    \14\ FRA interprets ``capital project'' in this section to mean 
a Capital Project as defined in this NOFO. For example, an intercity 
passenger rail track project on a heavily trafficked corridor.
---------------------------------------------------------------------------

    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

[[Page 22212]]

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.\15\
---------------------------------------------------------------------------

    \15\ These are planning activities normally performed during the 
Systems Planning Lifecycle Stage. Consistent with the 2023 
Appropriations, railroad project-level planning activities are also 
eligible.
---------------------------------------------------------------------------

    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.\16\
---------------------------------------------------------------------------

    \16\ FRA interprets ``project'' in this section to mean a 
Capital Project as defined in this NOFO.
---------------------------------------------------------------------------

    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.\17\
---------------------------------------------------------------------------

    \17\ 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.\18\ Project eligibility is further provided in Track 5, as 
described in section C(3)(c)(v).
---------------------------------------------------------------------------

    \18\ 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. Project Component
    If an applicant requests funding for a component or set of 
components of a larger Capital Project, the project component(s) 
included in the application must be attainable with the award amount 
and comply with all eligibility requirements described in section C. In 
addition, the component(s) must enable independent analysis and 
decision making, as determined by FRA, under NEPA (i.e., have 
independent utility, connect logical termini, and not restrict the 
consideration of alternatives for other reasonably foreseeable rail 
projects).
c. Application Tracks
    Applicants are not limited in the number of projects for which they 
seek funding. FRA generally evaluates applications in Tracks based on 
the Lifecycle Stages of a Capital Project. While applications covering 
multiple Lifecycle Stages are not precluded, FRA generally expects that 
applications identify only one of the following tracks for an eligible 
proposed project:
     Track 1--Systems Planning and Project Planning;
     Track 2--Project Development;
     Track 3--FD/Construction;
     Track 4--Research, Workforce Development, Safety Programs 
and Institutes (Non-Railroad Infrastructure); or
     Track 5--Deployment of Magnetic Levitation Transportation 
Projects.
    FRA strongly encourages applicants to seek funding for the 
appropriate Lifecycle Stage of a Capital Project, consistent with these 
application tracks. To the extent possible, applicants should describe 
their projects consistent with FRA's Capital Projects Guidance, which 
provides a detailed description of each Lifecycle Stage and its 
required activities: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
    If an application seeks funding under more than one application 
Track for multiple Lifecycle Stages, FRA may award funds for the 
application Track and corresponding Lifecycle Stage(s) it determines 
most appropriate based on project readiness information. Applicants are 
directed to identify the project components and estimated amount of 
Federal funding requested for each Lifecycle Stage. If an application 
selected for award includes multiple Lifecycle Stages, FRA will require 
the grantee to complete the Lifecycle Stages in the order consistent 
with FRA's Capital Projects Guidance.
    i. Track 1--Systems Planning and Project Planning: Track 1 consists 
of Systems Planning and/or Project Planning specific to an eligible 
Capital Project. Systems 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. Example 
activities for Project Planning include: the development of a purpose 
and need statement; completion of conceptual engineering and other 
design; documentation showing that project alternatives were 
considered; completion of an environmental resource inventory and 
potential environmental concerns analysis; scale design drawings; 
public and stakeholder involvement; completion of an order-of-magnitude 
project cost estimate; and for Major Projects, completion of an initial 
Project Management Plan. Project Planning projects funded under this 
NOFO must be sufficiently developed when complete to support Project 
Development activities.
    ii. Track 2--Project Development: Track 2 consists of projects for 
eligible Project Development activities. Example activities include: 
completion of PE and architectural or other design; PE drawings and 
specifications (scale drawings at the 30 percent design level, 
including track geometry as appropriate); design criteria, schematics 
and/or track charts that support the development of PE; work that can 
be funded in conjunction with developing PE, such as operations 
modeling, surveying, project work/management

[[Page 22213]]

plans, preliminary cost estimates, and preliminary project schedules; 
completion of environmental review; and completion of applicable 
project management documentation (such as a project management plan, 
schedule, capital cost estimate, and financial plan). Project 
Development projects funded under this NOFO must first demonstrate 
completion of Project Planning elements prior to Project Development 
funds being awarded and be sufficiently developed when complete to 
support FD or Construction activities.
    iii. Track 3--FD/Construction: Track 3 consists of projects for 
eligible FD and Construction activities. Applicants must complete all 
necessary Planning and Project Development stages, including PE and 
NEPA requirements, prior to moving to the FD/Construction stage of a 
project. FD activities may include completion of the FD documentation, 
acquisition of right-of-way,\19\ resolving remaining uncertainties or 
risks associated with changes to the design and scope of the Capital 
Project; addressing procurement processes; and updating/completing the 
applicable project management documentation (such as a Project 
Management Plan, schedule, capital cost estimate, and financial 
plan).\20\ Construction activities may include physical construction 
and installation of the capital project, including procurement and 
manufacturing of vehicles and equipment, project administration, 
testing of equipment (e.g., signal equipment and rolling stock), 
systems integration testing, workforce training, system certification, 
procurement of insurance, provision of warrantees, pre-revenue service, 
and start-up testing. Prior to obligation, applicants selected for 
funding for FD/Construction must demonstrate completion of applicable 
Systems Planning and Project Planning and Project Development 
activities, consistent with FRA's Capital Projects Guidance.
---------------------------------------------------------------------------

    \19\ FRA will only award funds for right-of-way (ROW)/property 
acquisition activities if the proposed project also includes 
construction activities consistent with the Construction Lifecycle 
Stage. FRA will not fund ROW acquisition activities independently or 
if proposed project only includes pre-construction activities or 
Lifecycle Stages (i.e., Project Planning, Project Development, or 
Final Design).
    \20\ Applicants selected for funding are encouraged to submit 
the following before obligation: an updated Project Management Plan 
(including a schedule, capital cost estimate, and financial plan), 
as grantees will be expected to develop a Project Management Plan 
under the grant agreement. See FRA's Capital Projects Guidance, 
Section V--Project Management for additional information.
---------------------------------------------------------------------------

    iv. Track 4--Research, Workforce Development, Safety Programs, and 
Institutes (Non-Railroad Infrastructure): Track 4 consists of projects 
not falling within Tracks 1-3, or 5, and includes 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. Applicants with proposed projects at the FRA 
Transportation Technology Center (TTC), located in Pueblo, Colorado, 
must demonstrate there is appropriate participation from relevant 
stakeholders, at the time of application.
    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. Eligible project costs are: 
(1) The capital cost of the fixed guideway infrastructure of a Maglev 
project including land acquisition, support structures, 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 future operational right-of-way). 
Applicants applying under Track 5 will be evaluated under the 
additional Maglev Grants Program criteria, even if also applying for 
CRISI Program funding. Please see section E(2)(b) 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

    Required documents for the application are outlined in the 
following paragraphs. Applicants must complete and submit all 
components of the application for the application to be reviewed by 
FRA. An applicant that fails to submit all required documentation prior 
to the closing period of the notice may have its application deemed 
incomplete and will not advance to evaluation review. See section D(2) 
for the required documents and information for an application package. 
FRA welcomes the submission of additional relevant supporting 
documentation, such as planning, engineering, and design documentation, 
and letters of support from partnering organizations, which will not 
count against the Project Narrative 25-page limit.

1. Address To Request Application Package

    Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their 
entirety through https://www.Grants.gov no later than 11:59 p.m. EST, 
on May 28, 2024. Applicants must complete an Authorized Organization 
Representative (AOR) profile on www.Grants.gov and create a username 
and password. Additional information about the registration process is 
available at: https://www.grants.gov/applicants/applicant-registration.
    Applicants are strongly encouraged to apply early to ensure that 
all materials are received before the application deadline. FRA 
reserves the right to modify this deadline. General information for 
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that 
information is available in appropriate alternative formats to meet the 
requirements of persons who have a disability. If you require an 
alternative version of files provided or paper copies of materials, 
please contact Ms. Laura Mahoney, Office of the Chief Financial 
Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590; email: [email protected]; or telephone: 202-
578-9337.
    The E-Biz point of contact (E-Biz POC) at the applicant's 
organization

[[Page 22214]]

must respond to the registration email from Grants.gov and login at 
www.Grants.gov to authorize the applicant as the AOR. Please note there 
can be more than one AOR for an organization.
    If an applicant has difficulty at any point during this process, 
please call the Grants.gov Customer Center Hotline at 1-800-518-4726, 
24 hours a day, 7 days a week (closed on Federal holidays). For 
information and instructions on each of these processes, please see 
instructions at: https://www.grants.gov/support.

2. Content and Form of Application Submission

    FRA strongly advises applicants to read this section carefully. 
Applicants must submit all required information and components of the 
application package to be considered for funding. Applications that are 
not submitted on time or do not contain all required documentation will 
not be considered for funding. To support the application, applicants 
may provide additional relevant and available optional supporting 
documentation that may have been developed by the applicant, especially 
such documentation that provides evidence of completion of the 
appropriate Lifecycle Stage(s) of a Capital Project. Additionally, 
applicants selected to receive funding must satisfy the requirements in 
49 U.S.C. 22905, including FRA's Buy America requirement and conditions 
explained in part at https://www.fra.dot.gov/page/P0185 and further in 
section F.2 of this notice. Required documents and information for an 
application package include the following:

------------------------------------------------------------------------
        Application information             NOFO section for guidance
------------------------------------------------------------------------
Project Narrative......................  See D.2.a.
Statement of Work......................  See D.2.b.i.
Benefit-Cost Analysis..................  See D.2.b.ii.
Environmental Compliance Documentation.  See D.2.b.iii.
Draft Agreement required under 49        See D.2.b.iv.
 U.S.C. 22905(c)(1), if applicable.
SF 424--Application for Federal          See D.2.b.v.
 Assistance \21\.
SF 424A--Budget Information for Non-     See. D.2.b.vi.
 Construction or SF 424C--Budget
 Information for Construction.
SF 424B--Assurances for Non-             See D.2.b.vii.
 Construction or SF 424D--Assurances
 for Construction.
FRA's F 30--Certifications Regarding     See D.2.b.viii.
 Debarment, Suspension and Other
 Responsibility Matters, Drug-Free
 Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial           See D.2.b.ix.
 Capability Questionnaire.
SF LLL--Disclosure of Lobbying           See D.2.b.x.
 Activities, if applicable.
------------------------------------------------------------------------

a. Project Narrative
---------------------------------------------------------------------------

    \21\ The amount requested from the CRISI program on the SF-424 
is the official record of request, and therefore must be consistent 
with the amount requested in the Project Narrative and Statement of 
Work documents, including the breakdown of Federal and Non-Federal 
sources. For applications with discrepancies, FRA will defer to the 
funding amount in the SF-424.
---------------------------------------------------------------------------

    This section describes the minimum content the applicant is 
required to provide in the Project Narrative section of the grant 
application. The Project Narrative must follow the basic outline below 
to address the program requirements and assist evaluators in locating 
relevant information.

 
 
 
I. Cover Page..........................  See D.2.a.i.
II. Project Summary....................  See D.2.a.ii.
III. Grant Funds, Sources and Uses of    See D.2.a.iii.
 Project Funds.
IV. Applicant Eligibility Criteria.....  See D.2.a.iv.
V. Project Eligibility Criteria........  See D.2.a.v.
VI. Detailed Project Description.......  See D.2.a.vi.
VII. 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.
 

    The applicant must provide the content listed above in a narrative 
statement. The Project Narrative may not exceed 25 pages in length 
(excluding cover pages, table of contents, and supporting 
documentation). When possible, applicants should submit supporting 
documents via website links rather than hard copies. If supporting 
documents are submitted, applicants must clearly identify the relevant 
portion of the supporting document with the page numbers of the cited 
information in the Project Narrative. The Project Narrative must adhere 
to the following outline.
    i. Cover Page: include a cover page that lists the following 
elements in either a table or formatted list:

 
 
 
Project Title..............................  ...........................
Applicant Name.............................  ...........................
Amount of CRISI Program Funding Requested    $:
 under this NOFO.
Amount of Proposed Non-Federal Match.......  $:
Other Sources of Federal funding, if         Provide funding source and
 applicable.                                  amount.
                                             $:
Source(s) of Proposed Non-Federal Match....  ...........................
Total Project Cost.........................  $:
Was a Federal Grant Application Previously   Yes/No. If yes, please
 Submitted for this Project?.                 specify the program,
                                              funding year and project
                                              title of the previous
                                              application, and identify
                                              any differences between
                                              the applications.
City(ies), County(ies), State(s) Where the   ...........................
 Project is Located.
Is the Project Located in a Rural Area?....  Yes/No.
Congressional District(s) Where the Project  ...........................
 is Located.
Application Track(s) proposed to be funded   ...........................
 by this NOFO?
Lifecyle Stage(s) proposed to be funded by   ...........................
 this NOFO?

[[Page 22215]]

 
Current Lifecycle Stage and Anticipated      ...........................
 completion of current Lifecycle Stage?
Is the Project located on real property      If yes, list real property
 owned by someone other than the applicant?.  owners and the nature of
                                              the property interest.
Host Railroad/Infrastructure Owner(s) of     ...........................
 Project Assets;
Other impacted Railroad(s).................  ...........................
Tenant Railroad(s), if applicable..........  ...........................
If applicable, is a 49 U.S.C. 22905-         Yes/No/Pending.
 compliant Railroad Agreement executed or
 pending?.
Is the project currently programmed in ANY   Yes/No, and if yes,
 medium- or long-range planning document:     specify.
 For example, State rail plan, or
 interregional intercity passenger rail
 systems planning study, State Freight
 Plan, TIP, STIP, MPO Long Range
 Transportation Plan, State Long Range
 Transportation Plan, etc.?.
Is the project located on a potential        Yes/No, if yes, specify the
 corridor selected for the Corridor           corridor(s).
 Identification and Development Program?
 \22\.
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 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     Yes/No.
 project located in a county identified in
 FRA's National Strategy to Prevent
 Trespassing on Railroad Property?.
Is the application seeking consideration     Yes/No.
 for funding under the Maglev Grants
 Program?.
 

    ii. Project Summary: Provide a brief 4-6 sentence summary of the 
proposed project. Include challenges the proposed project aims to 
address and summarize the intended outcomes and anticipated benefits 
that will result from the proposed project.
---------------------------------------------------------------------------

    \22\ For more information about selected Corridors under the 
Corridor Identification Program, please visit: https://railroads.dot.gov/elibrary/fy22-CID-program-selections.
---------------------------------------------------------------------------

    iii. Grant Funds, Sources and Uses of Project Funds:
    Project budgets should show how different funding sources will 
share in each activity and present the data in dollars and percentages. 
The budget should identify other Federal funds the applicant is 
applying for, has been awarded, or intends to use. Funding sources 
should be grouped into three categories: non-Federal, CRISI request, 
and other Federal with specific amounts for each funding source. As 
shown in the table format below, the applicant should indicate the 
amount in dollars and percentages of CRISI or Maglev Grants Program 
funding requested, the amount of non-Federal match, source(s) for all 
non-Federal match,\23\ other Federal funds (if applicable), and the 
total project cost. FRA may not award more funding for a project than 
is requested in an application. The applicant should itemize funding by 
project Lifecycle Stage(s) and by project activity. For a Major 
Project, applicants are encouraged to provide an annualized budget in 
year of expenditure dollars. Project budget information must be 
consistent throughout all application materials, specifically the 
Standard Form (SF) 424, Project Narrative, Statement of Work, and 
funding commitment letters.\24\ The project budget should be specific 
to the project scope described in the applicant's request for funding 
under this NOFO. If the project proposed to be funded under this NOFO 
is part of a larger scope, the applicant may reference the larger scope 
in the Project Narrative but should only include the project scope 
proposed to be funded under this NOFO within the budget table.
---------------------------------------------------------------------------

    \23\ Applicants should submit evidence of the availability of 
Non-Federal funds, which may include a board resolution, letter of 
support from the State, a budget document highlighting the line item 
or section committing funds to the proposed project. The applicant 
may provide this documentation in an appendix. Documentation of 
previous and recent local investments in the project may evidence of 
local financial commitment project, but cannot be used to satisfy 
non-Federal matching requirements. Any funding commitment letters 
must be signed by an authorized representative of the entity 
providing a Non-Federal match.
    \24\ If there is a discrepancy between materials, FRA will defer 
to the funding amounts shown in the applicant's SF 424 as the amount 
requested for funding.
---------------------------------------------------------------------------

    If applicable, the applicant should explain if the CRISI Program 
request or other funds must be obligated or spent by a certain date.
    If applicable, the applicant should provide the type and estimated 
value of any proposed in-kind contributions, as well as explain how the 
contributions meet the requirements in 2 CFR 200.306. If the applicant 
is requesting set-aside funds per section B(1), identify the dedicated 
activities and amount requested within the budget table.
    Example Project Funding Table: Applicants may use the following 
table to describe project funding, and may use additional rows and 
columns, or additional project funding tables, as appropriate.

----------------------------------------------------------------------------------------------------------------
                                  Task name/                                                Source of funds and
            Task #                 project             Cost          Percentage of total       citation, as
                                  component                                 cost                applicable
----------------------------------------------------------------------------------------------------------------
1............................
----------------------------------------------------------------------------------------------------------------
2............................
----------------------------------------------------------------------------------------------------------------
Total Project Cost............................
----------------------------------------------------------------------------------------------------------------
Federal Funding Requested in
 this Application (CRISI
 Program Request).
----------------------------------------------------------------------------------------------------------------

[[Page 22216]]

 
Non-Federal Funding (State)..  Cash:..........
                               In-Kind:.......
----------------------------------------------------------------------------------------------------------------
Non-Federal Funding (Private   Cash:..........
 Sector).                      In-Kind:.......
----------------------------------------------------------------------------------------------------------------
Non-Federal Federal Funding    Cash:..........
 (Local).                      In-Kind:.......
----------------------------------------------------------------------------------------------------------------
Other Committed Federal
 Funding \25\ (e.g., Federal
 Highway Administration,
 congressionally directed/
 earmark, other FRA grant
 program funds--including
 previous CRISI grants, etc.).
Note: If there are multiple
 sources of other federal
 funding, please break
 funding down by each source.
----------------------------------------------------------------------------------------------------------------
Other Pending Federal Funding
 Requests \26\.
----------------------------------------------------------------------------------------------------------------
Amount (if any) of funding
 request eligible for set-
 aside funds as described in
 section B(1).
----------------------------------------------------------------------------------------------------------------
Portion of Total Project
 Costs Spent in a Rural Area,
 if applicable.
----------------------------------------------------------------------------------------------------------------
For Highway-rail grade         If yes, how
 crossing and trespass          much?
 prevention projects only.
 Does some or all the
 proposed Non-Federal Match
 for the total project cost
 consist of preliminary
 engineering costs incurred
 before project selection
 (but after November 15,
 2021)? \27\.
----------------------------------------------------------------------------------------------------------------

    iv. Applicant Eligibility Criteria: In this section, the applicant 
must explain how it meets the applicant eligibility criteria outlined 
in section C of this NOFO and include citations to appropriate 
authorities that demonstrate the applicant's eligibility to receive 
federal funds. For example, if the applicant is a political subdivision 
of a State, public agency or publicly chartered authority established 
by one or more States, the applicant should provide relevant 
legislative language, including citations to the applicable enabling 
legislation, that demonstrate the applicant's legal status. Applicants 
that fail to adequately demonstrate their legal status may be found 
ineligible and their application will not be reviewed.
---------------------------------------------------------------------------

    \25\ For other Federal funding sources proposed as match, the 
applicant should explain why the Federal funds are eligible as match 
and the legal basis for that determination.
    \26\ For other Federal funds that will be used for the project, 
the applicant should identify the Federal program and fiscal year of 
the funding request(s), as well as highlight new or revised 
information in the application responsive to this NOFO that differs 
from the application(s) to other financial assistance programs.
    \27\ If seeking to use Preliminary Engineering costs as match 
for a Highway-Rail Grade Crossing Improvement Project or trespassing 
prevention projects, please identify the costs incurred before 
project selection (but after November 15, 2021).
---------------------------------------------------------------------------

    v. Project Eligibility Criteria: Explain how the proposed project 
meets the project eligibility criteria in section C(3) of this NOFO.
    vi. Detailed Project Description: In this section, the applicant 
must provide a detailed project description that expands upon the brief 
project summary. This detailed description should provide, at a 
minimum: additional background on the challenges the project aims to 
address; a summary of current and proposed railroad operations in the 
project area and service frequency, which should include identification 
of all railroad owners and operators; typical daily, weekly, or annual 
train counts by operator; the primary expected project outcomes such as 
increased safety outcomes or reduced delays, improved rail network 
asset condition and performance, or similar outcomes and benefits; the 
expected users and beneficiaries of the project, including all railroad 
operators; the specific components and elements of the project; and any 
other information the applicant deems necessary to justify the proposed 
project. For all projects, applicants must provide information about 
proposed performance measures, as described in section F(3) and 
required in 2 CFR 200.301.
    (A) Grade crossing information, if applicable: For any project that 
includes grade crossing components, applicants must provide the 
following information for each grade crossing to be addressed in the 
application. The following table

[[Page 22217]]

format can be used within the Project Narrative or, if more space is 
needed, in a separate, unlocked Excel file attachment (the table will 
not count against the 25-page Project Narrative page limit):
    1. US DOT grade crossing inventory number (for projects involving 
pathway-rail grade crossings that do not have US DOT grade crossing 
inventory numbers or data, applicants should provide as much locational 
data as possible); \28\
---------------------------------------------------------------------------

    \28\ To find US DOT grade crossing inventory number(s) and 
location(s) please see https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search. Applicants are 
encouraged to review and reference safety data including the most 
recent 5-year history of highway-rail crossing incidents relevant to 
their project on FRA's public safety website: https://safetydata.fra.dot.gov/OfficeofSafety/publicsite/crossing/crossing.aspx or https://data.transportation.gov/dataset/Highway-Rail-Grade-Crossing-Accident-Data-Form-57-/aeeh-bp8c/explore.
---------------------------------------------------------------------------

    2. The proposed improvement requested in the application, using 
``new, separated, closed or improved'' (such as gate additions, lights, 
etc.) to describe proposed improvement;
    3. The operator(s) (i.e., the entity(ies) that operates on the 
railroad right-of-way);
    4. The property owner (i.e., the entity(ies) which own the 
underlying property or right-of-way;
    5. The infrastructure owner (i.e., the entity that owns the 
infrastructure within the railroad right-of-way); and
    6. The grade crossing location latitude and longitude coordinates, 
expressed with at least five decimal places of precision.\29\
---------------------------------------------------------------------------

    \29\ For example, if a project was proposed to take place at the 
Department of Transportation Headquarters in Washington, DC then the 
reported latitude should be 38.87589 and the longitude should be 
reported as-77.00337.
---------------------------------------------------------------------------

    Example Table 1. In Project Narrative or attached as an appendix in 
unlocked Excel file format:

----------------------------------------------------------------------------------------------------------------
                                                                      Latitude coordinates        Longitude
    US DOT grade          Proposed           Rail         Railroad       (at least five        coordinates (at
crossing inventory #    improvement      operator(s)        owner       decimal places of    least five decimal
                                                                           precision)       places of precision)
----------------------------------------------------------------------------------------------------------------
                      ...............  ...............  ............  ....................  ....................
----------------------------------------------------------------------------------------------------------------
                      ...............  ...............  ............  ....................  ....................
----------------------------------------------------------------------------------------------------------------
                      ...............  ...............  ............  ....................  ....................
----------------------------------------------------------------------------------------------------------------
* Example Table 1: Grade Crossing Information for Proposed Project.

    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, applicants must describe how the project is located on 
a heavily traveled rail corridor.
    (C) PTC information, if applicable: For any project that includes 
deploying PTC, 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 PTC, 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 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. Applicants are strongly 
encouraged 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 project is 
located in a county(ies) with high 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 \30\ into their project approach, 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,\31\ 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.
---------------------------------------------------------------------------

    \30\ 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.
    \31\ Funding for law enforcement activities is limited to hourly 
wages for law enforcement officials to undertake enforcement 
activities at areas that demonstrate a rail trespassing problem in 
their community on FRA-regulated track. The hourly rate for law 
enforcement officers performing enforcement activities should be 
limited to the officer's regular and overtime wage rate (e.g. 1.5 
times the base rate).
---------------------------------------------------------------------------

    (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

[[Page 22218]]

anticipated emissions reductions earned and fuel saving estimates. FRA 
has developed the Locomotive Emissions Comparison Tool, which 
applicants may use to calculate locomotive emissions reductions. The 
Tool is available at: https://railroads.dot.gov/elibrary/fra-locomotive-emissions-comparison-tool.
    (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 rationales 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. Applicants must provide a detailed description 
of the project, which should include, at a minimum: 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. Applicants should provide specific information 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, for example, a 
variety of at-grade, elevated and depressed guideway structures; 
extreme temperatures; or 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). The applicant should specify whether they are 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: Applicants must include geospatial data for 
the project, as well as a map of the project's location. Geospatial 
data must be expressed in decimal degrees for latitude and longitude 
with at least five decimal places of precision. If the project includes 
a length of track or corridor development, the start and end 
coordinates for each corridor or segment must be provided. Milepost, 
railroad, and subdivision identifiers can also be provided but must be 
accompanied by corresponding latitudes and longitudes. For projects 
with multiple locations, the corresponding geospatial data must be 
included for each location, with individual columns for latitude and 
longitude, in table form as an attachment to the application. On the 
map, include the Congressional districts in which the project will take 
place.
    viii. Evaluation and Selection Criteria: The applicant must include 
a thorough discussion of how the proposed project meets the evaluation 
and selection criteria. As described in section E, FRA will evaluate 
applications based on project readiness, technical merit and project 
benefits, and will consider how the applicant's project aligns with the 
Administration Priorities. If an application does not sufficiently 
address the evaluation criteria and the selection criteria, it is 
unlikely to be a competitive application. Applicants are expected to 
follow the directions and format requested in this NOFO, and adherence 
to these directions will be considered in evaluations. Applicants are 
encouraged to include quantifiable railroad data, such as information 
on delay, failure or safety incidents, daily train movement, or similar 
metrics, and should include qualitative data on accessibility 
improvements to either new or existing assets. To the extent feasible, 
such railroad metrics should be provided and analyzed discretely for 
intercity passenger rail and, if applicable, commuter rail passenger 
transportation and freight rail transportation services involved in the 
proposed project. For more information on performance metrics see FRA's 
Metrics and Minimum Standards for Intercity Passenger Rail Service, 
available at: https://railroads.dot.gov/elibrary/metrics-and-standards-final-rule-november-16-2020.
    xiii. Project Implementation and Management: Applicants must 
describe proposed project implementation and project management 
arrangements. Include descriptions of the expected arrangements for 
project contracting (construction, maintenance and operation), contract 
oversight and control, change-order management, risk management, and 
conformance to Federal requirements for project progress reporting (see 
FRA Reports, available at: https://www.fra.dot.gov/Page/P0274). 
Further, applicants must provide their plan for taking affirmative 
steps to employ small businesses consistent with 2 CFR 200.321. 
Describe experience in managing and overseeing similar projects; the 
technical qualifications and demonstrated experience of key personnel 
proposed to lead and perform the technical efforts; and the 
qualifications of the primary and supporting organizations to fully and 
successfully execute the proposed project within the proposed timeframe 
and budget, including a discussion of the factors in 2 CFR 200.206(b) 
and the proposed approach to assessing and mitigating project risk.
b. Additional Application Elements
    Applicants must submit the following documents and forms. Note, the 
Standard OMB Forms needed for the electronic application process are 
available at: www.Grants.gov.
    i. A Statement of Work (SOW) addressing the scope, schedule, 
budget, and performance measures for the proposed project if it were 
selected for award. The applicant should include sufficient detail in 
the SOW so FRA can understand the expected outcomes of the proposed 
work to be performed and can monitor progress toward completing project 
tasks and deliverables during a prospective grant's period of 
performance. Applicants are expected to include Articles 4-7 of 
Attachment 2: Project Specific Terms and Conditions, at a minimum.\32\ 
Applications that do not follow this format may be considered 
incomplete and may not be reviewed.
---------------------------------------------------------------------------

    \32\ https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------

    When preparing the budget, the total cost of a project must be 
based on the

[[Page 22219]]

best available information as indicated in cited references that 
include engineering studies, economic feasibility studies, 
environmental analyses, and information on the expected use of 
equipment or facilities. Applicants must include annual budget 
estimates in year of expenditure dollars for the duration of the 
project.
    ii. A Benefit-Cost Analysis (BCA), as an appendix to the Project 
Narrative, for each project described in the application. A Benefit-
Cost Analysis is required for all CRISI program submissions. The BCA 
must demonstrate in economic terms the merits of investing in the 
proposed project. 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.). The 
BCA for Track 1 Planning and Track 2 Project Development projects 
should be for the underlying project, not the planning or PE/NEPA work 
itself. The Project Narrative should summarize the project's benefits, 
and should draw from the BCA, as necessary, for quantitative support.
    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, available at: https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In addition, 
please also refer to FRA's BCA FAQs for some rail-specific examples of 
how to apply the BCA Guidance for Discretionary Grant Programs to CRISI 
funding found here: https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/19011/BCA_FAQ_updated_Sept2019.pdf.
    iii. Environmental compliance documentation, as applicable, if a 
website link to such documentation is not provided in the Project 
Narrative.
    Applicants should explain what Federal (and, if appropriate, State, 
Tribal, and local) environmental compliance and permitting requirements 
have been completed. Such requirements include NEPA and other Federal, 
Tribal, local, and State environmental permitting requirements, if 
applicable. For all other Federal, State, Tribal, and local permitting 
requirements, the applicant should describe which permits apply, the 
status of those reviews, and the expected timeline for completion. If 
the NEPA process is complete, an applicant should indicate the date of 
completion, and provide a website link or other reference to the 
documents demonstrating compliance with NEPA, which might include a 
final Categorical Exclusion determination documentation, Finding of No 
Significant Impact, or Record of Decision. If the NEPA process is not 
yet underway, the application should state this. If the NEPA process is 
underway, but not complete, the application should detail the type of 
NEPA review underway, where the project is in the process, and indicate 
the anticipated date of completion of all NEPA and other environmental 
requirements. Additional information regarding FRA's environmental 
processes and requirements is located at https://fra.dot.gov/environment.
    iv. Draft or finalized agreement required under 49 U.S.C. 
22905(c)(1), if applicable. Provide information about the status of 
agreements with infrastructure owners. FRA encourages early cooperation 
between applicants and any relevant infrastructure owners. Under 
section 22905(c)(1), a grant applicant must have entered into a written 
agreement with a railroad that owns rights-of-way to be used by the 
project (referred to as the 22905 Agreement) prior to grant obligation. 
If the agreement is complete at the time of the application, an 
applicant should indicate the agreement's effective date, and provide a 
website link or attach the agreement as part of the application. 
Applicants are also encouraged to provide draft agreements. The written 
agreement between the grantee and the railroad should describe use and 
ownership, including any compensation for such use; assurances 
regarding the adequacy of infrastructure capacity to accommodate both 
existing and future freight and passenger operations; an assurance by 
the railroad that collective bargaining agreements with the railroad's 
employees including terms regulating the contracting of work will 
remain in full force and effect according to their terms for work 
performed by the railroad on the railroad transportation corridor; and 
an assurance that the grantee complies with liability requirements 
consistent with 49 U.S.C. 28103. For additional guidance see the FRA 
Answers to Frequently Asked Questions about Rail Improvement Grant 
Conditions under 49 U.S.C. 22905(c)(1): https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
    v. SF 424--Application for Federal Assistance.
    vi. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
    vii. SF 424B--Assurances for Non-Construction or SF 424D--
Assurances for Construction.
    viii. FRA F30--Certification Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.
    ix. FRA F 251--Applicant Financial Capability Questionnaire, 
located at https://railroads.dot.gov/elibrary/fra-f-251.
    x. SF LLL--Disclosure of Lobbying Activities.
c. Post-Selection Requirements
    See section F(2) of this notice for post-selection requirements.

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

    To apply for funding through Grants.gov, applicants must be 
properly registered in SAM before submitting an application, provide a 
valid unique entity identifier in its application, and continue to 
maintain an active SAM registration all as described in detail below. 
Complete instructions on how to register and submit an application can 
be found at www.Grants.gov. Registering with Grants.gov is a one-time 
process; however, it can take up to several weeks for first-time 
registrants to receive confirmation and a user password. FRA recommends 
that applicants start the registration process as early as possible to 
prevent delays that may preclude submitting an application package by 
the application deadline. Applications will not be accepted after the 
due date.
    FRA may not make a grant award to an applicant until the applicant 
has

[[Page 22220]]

complied with all applicable SAM requirements, and if an applicant has 
not fully complied with the requirements by the time the Federal 
awarding agency is ready to make a Federal award, the Federal awarding 
agency may determine that the applicant is not qualified to receive a 
Federal award and use that determination as a basis for making a 
Federal award to another applicant. Late applications, including those 
that are the result of a failure to register or comply with Grants.gov 
applicant requirements in a timely manner, will not be considered. If 
an applicant has not fully complied with the requirements by the 
submission deadline, the application will not be considered. To submit 
an application through Grants.gov, applicants must follow the 
directions below in subsection D.
a. Register With the SAM at www.SAM.gov
    All applicants for Federal financial assistance must maintain 
current registrations in the SAM database. An applicant must be 
registered in SAM to successfully register in Grants.gov. The SAM 
database is the repository for standard information about Federal 
financial assistance applicants, grantees, and subrecipients. 
Organizations that have previously submitted applications via 
Grants.gov are already registered with SAM, as it is a requirement for 
Grants.gov registration. Please note, however, that applicants must 
update or renew their SAM registration at least once per year to 
maintain an active status. Therefore, it is critical to check 
registration status well in advance of the application deadline. If an 
applicant is selected for an award, the applicant must maintain an 
active SAM registration with current information throughout the period 
of the award, including information on a grantee's immediate and 
highest-level owner and subsidiaries, as well as on all predecessors 
that have been awarded a Federal contract or grant within the last 
three years, if applicable. Information about SAM registration 
procedures is available at www.SAM.gov.
b. Obtain a Unique Entity Identifier
    On April 4, 2022, the Federal government discontinued using DUNS 
numbers. The DUNS Number was replaced by a new, non-proprietary 
identifier that is provided by the System for Award Management 
(www.SAM.gov). This new identifier is called the Unique Entity 
Identifier (UEI), or the Entity ID. To find or request a Unique Entity 
Identifier, please visit www.SAM.gov.
c. Create a Grants.gov Username and Password
    Applicants must complete an Authorized Organization Representative 
(AOR) profile on www.Grants.gov and create a username and password. 
Applicants must use the organization's UEI to complete this step. 
Additional information about the registration process is available at: 
https://www.grants.gov/applicants/applicant-registration.
d. Acquire Authorization for Your AOR From the E-Business Point of 
Contact (E-Biz POC)
    The E-Biz POC at the applicant's organization must respond to the 
registration email from Grants.gov and login at www.Grants.gov to 
authorize the applicant as the AOR. Please note there can be more than 
one AOR for an organization.
e. Submit an Application Addressing All Requirements Outlined in This 
NOFO
    If an applicant has trouble at any point during this process, 
please call the Grants.gov Customer Center Hotline at 1-800-518-4726, 
24 hours a day, 7 days a week (closed on Federal holidays). For 
information and instructions on each of these processes, please see 
instructions at: https://www.grants.gov/support.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 11:59 p.m. ET, May 28, 2024. Applicants will receive a 
system-generated acknowledgement of receipt. FRA reviews www.Grants.gov 
information on dates/times of applications submitted to determine 
timeliness of submissions. Late applications will be neither reviewed 
nor considered, no exceptions. To apply for funding under this 
announcement, all applicants are required to be registered as an 
organization with Grants.gov. Applicants are strongly encouraged to 
apply early to ensure all materials are received before this deadline.
    To ensure fair competition for limited discretionary funds, no late 
submissions will be reviewed for any reason, including: (1) failure to 
complete the Grants.gov registration process before the deadline; (2) 
failure to follow Grants.gov instructions on how to register and apply 
as posted on its website; (3) failure to follow all the instructions in 
this NOFO; and (4) technical issues experienced with the applicant's 
computer or information technology environment.

5. Intergovernmental Review

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

6. Funding Restrictions

    Consistent with 2 CFR 200.458, as applicable, FRA will only approve 
pre-award costs if such costs are incurred pursuant to the negotiation 
and in anticipation of the grant agreement and if such costs are 
necessary for efficient and timely performance of the scope of 
work.\33\ Under 2 CFR 200.458, grant recipients 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.
---------------------------------------------------------------------------

    \33\ For more information on pre-award costs, see FRA Answers to 
Frequently Asked Questions about Pre-Award Authority, available at: 
https://railroads.dot.gov/elibrary/federal-railroad-administration-answers-frequently-asked-questions-about-pre-award.
---------------------------------------------------------------------------

    Applicants may count costs incurred for Preliminary Engineering 
costs on highway-rail grade crossing 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 as non-Federal share or reimbursement, even if they 
were incurred before project selection for award, consistent with 49 
U.S.C. 22907(h)(4). Such costs must have been incurred no earlier than 
November 15, 2021, and must be otherwise compliant with 2 CFR part 200 
and the requirements of this NOFO.

7. Other Submission Requirements

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

[[Page 22221]]

E. Application Review Information

1. Criteria

a. Eligibility and Completeness
    FRA will first screen each application for applicant and project 
eligibility (eligibility requirements are outlined in section C of this 
NOFO), completeness (application documentation and submission 
requirements are outlined in section D of this NOFO), and the 20 
percent minimum non-Federal match.
b. Evaluation Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria outlined in this section to determine project 
readiness, technical merit, and project benefits.
    i. Project Readiness:
    In evaluating Project Readiness, FRA will evaluate project and 
applicant risk based on the applicant's preparedness and capacity to 
implement the proposed project, including whether the applicant is 
reasonably equipped to begin the capital or planning project in a 
timely manner to meet its proposed schedule. FRA will evaluate whether 
the applicant is able to meet project milestones and use Federal funds 
efficiently to deliver the proposed project.\34\
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    \34\ Additional information on DOT's Project Readiness checklist 
can be found here: https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants.
---------------------------------------------------------------------------

    FRA will evaluate the application for the degree to which--
    (A) The application demonstrates strong project readiness, 
evidenced by status of required NEPA actions and environmental 
permitting readiness (if applicable);
    (B) The status and timeline of agreements, such as an agreement 
required under 49 U.S.C. 22905(c)(1), necessary for the legal, 
financial, and technical capacity to complete the project as proposed, 
are sufficiently developed;
    (C) The application identifies the appropriate Lifecycle Stage(s) 
for the proposed project, demonstrates that the project has completed 
or will complete any preceding Lifecycle Stage(s), and the project is 
able to complete all requirements of the identified Lifecycle Stage(s); 
and
    (D) Project partner coordination and commitments, including letters 
of support, agreements, and funding, are secured or able to be secured 
without undue delay.
    ii. Technical Merit:
    In evaluating Technical Merit, FRA will evaluate the degree to 
which the application, statement of work, schedule and budget are 
reasonable and appropriate to achieve the expected outcomes, commitment 
of necessary resources and workforce to deliver the project, and the 
proposed project elements are appropriate for the project funding 
request. FRA will also consider applicant risk, including the 
applicant's past performance in developing and delivering similar 
projects.
    FRA will evaluate application information for the degree to which--
    (A) The tasks and subtasks outlined in the statement of work (SOW) 
are appropriate to achieve the expected outcomes of the proposed 
project;
    (B) The technical qualifications and experience of key personnel 
the applicant proposes to lead and perform the technical efforts, 
including the qualifications of the primary and supporting 
organizations, demonstrates the ability to fully and successfully 
execute the proposed project within the proposed time frame and budget;
    (C) The proposed project's business plan considers potential 
private sector participation in the financing, construction, or 
operation of the proposed project.
    (D) 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.
    (E) The degree to which the applicant and project deploy innovative 
technology, encourage innovative approaches to project delivery, and 
incentivize the use of innovative financing.
    (F) 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.
    iii. Project Benefits:
    FRA will evaluate the Benefit-Cost Analysis and as well as the 
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 the narrative and 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.
    For each evaluation criterion--Project Readiness, Technical Merit 
and Project Benefits--FRA will evaluate whether the application 
demonstrates level of risk or responsiveness, as applicable, as 
described in the rubrics below.
    For each merit criterion, FRA will use rubric ratings with applied 
criteria to evaluate whether the applications meet the defined 
thresholds:

[[Page 22222]]



                Merit Criteria Ratings--Project Readiness
  For the Project Readiness Criteria described in section E(2)(a), FRA
     will evaluate the application's responsiveness to the criteria,
   including an assessment of supporting justifications, and assign a
                cumulative Project Readiness risk rating.
------------------------------------------------------------------------
   Unacceptable        High risk         Medium risk        Low risk
------------------------------------------------------------------------
Application        Application        Application       Application
 provides limited   provides           provides          provides
 or no              insufficient       sufficient        thorough and
 information        information to     information to    complete
 necessary to       assess the         assess the        information and
 assess the         project            project           evidence to
 project            readiness          readiness         assess the
 readiness          criteria;          criteria;         project
 criteria;          application does   demonstrates      readiness
 application does   not demonstrate    support,          criteria, and
 not demonstrate    sufficient         progress, or      demonstrates
 support,           support,           completion on     strong support,
 progress, or       progress, or       one or more       progress, or
 completion of      completion of      required          completion on
 required           required           Lifecycle         required
 Lifecycle          Lifecycle          Stage(s) pre-     Lifecycle
 Stage(s) pre-      Stage(s) pre-      requisites, but   Stage(s) pre-
 requisites; or     requisites but     indicates some    requisites, and
 application        indicates risk     risk to           indicates
 contains one or    to advancing the   advancing the     minimal risk to
 more significant   project without    project in a      advancing the
 barriers that      foreseeable        timely manner;    project in a
 would prevent      delays; or         and the           timely manner;
 project            application        application       and application
 delivery.          contains a         does not          does not
                    barrier that       contain a         contain a
                    would likely       barrier that      barrier that
                    prevent project    would likely      would likely
                    delivery in any    prevent project   prevent project
                    of these areas.    delivery in any   delivery in any
                                       of these areas.   of these areas.
------------------------------------------------------------------------


                 Merit Criteria Ratings--Technical Merit
 For the Technical Merit Criteria described in section E(2)(b), FRA will
 evaluate the application's responsiveness to the criteria, including an
    assessment of supporting justifications, and assign a cumulative
                         technical merit rating.
------------------------------------------------------------------------
                                                             Highly
   Unacceptable        Acceptable        Responsive        responsive
------------------------------------------------------------------------
Application        Application        Application       Application
 provides limited   contains           provides          provides
 or no              insufficient       sufficient        thorough and
 information        information to     information and   complete
 necessary to       assess one or      evidence to       information and
 assess the         more of the        assess the        evidence to
 technical merit    technical merit    technical merit   assess the
 criteria, or       criteria, or       criteria and      technical merit
 application        application        demonstrates      criteria, and
 demonstrates one   demonstrates       that the          sufficiently
 or more            technical          applicant can     demonstrates
 significant        challenges that    deliver the       that the
 technical          could affect       project with      project can be
 challenges that    project            minimal           successfully
 would prevent      delivery, but      technical         delivered by
 the applicant      not prevent the    challenges.       the applicant.
 from delivering    applicant from
 the project.       delivering the
                    project.
------------------------------------------------------------------------


Merit Criteria Ratings--Technical Merit (Only Applicable to Applications
          That Request Funding Under the Maglev Grants Program)
      For projects identified as Deployment of Magnetic Levitation
 Transportation Projects in section E(2)(b), FRA will also evaluate the
application's responsiveness to the criteria, including an assessment of
   supporting justifications, and assign a cumulative technical merit
                                 rating.
------------------------------------------------------------------------
                                                             Highly
   Unacceptable        Acceptable        Responsive        responsive
------------------------------------------------------------------------
The application    Application        Application       Application
 provides little    contains           provides          provides
 or no              insufficient       sufficient        thorough and
 information        information to     information and   complete
 necessary to       assess one or      evidence to       information and
 assess the         more of the        assess the        evidence to
 technical merit    technical merit    technical merit   assess the
 criteria, or       criteria, or       criteria and      technical merit
 application        application        demonstrates      criteria, and
 demonstrates one   demonstrates       that the          sufficiently
 or more            technical          applicant can     demonstrates
 significant        challenges that    deliver the       that the
 technical          could affect       project with      project can be
 challenges that    project            minimal           successfully
 would prevent      delivery, but      technical         delivered by
 the applicant      not prevent the    challenges.       the applicant.
 from delivering    applicant from
 the project.       delivering the
                    project.
------------------------------------------------------------------------


                 Merit Criteria Ratings--Project Benefits
For the Project Benefits Criteria described in section E(2)(c), FRA will
 evaluate the application's responsiveness to the criteria, including an
assessment of supporting justifications, and assign a cumulative Project
                            Benefits rating.
------------------------------------------------------------------------
                                                             Highly
   Unacceptable        Acceptable        Responsive        responsive
------------------------------------------------------------------------
Application        The application    Application       Application
 provides           contains limited   provides          provides
 insufficient       information to     sufficient        thorough and
 information        assess the         information to    complete
 necessary to       project benefits   assess the        information and
 assess the         criteria; or the   project           evidence to
 project benefits   project is not     benefits          assess the
 criteria, and      likely to          criteria, and     project
 does not           achieve all of     adequately        benefits
 demonstrate that   its intended       demonstrates      criteria, and
 the project will   benefits.          that the          sufficiently
 achieve its                           project will      demonstrates
 intended                              likely achieve    that the
 benefits.                             its intended      project will
                                       benefits.         achieve its
                                                         intended
                                                         benefits.
------------------------------------------------------------------------

    In addition to the ratings described above, FRA will also apply the 
selection preferences described in section E(3)(a) and consider the 
Administration Priorities described in section E(3)(b).
c. Selection Criteria
    After completing the merit review, FRA will apply the selection 
criteria and consider the Administration Priorities in this section.
    i. FRA will give preference to eligible projects in the following 
circumstances:
    (A). The project may not be addressed by other FRA grant programs 
including short line railroad infrastructure and equipment, safety 
projects and technology, workforce development, congestion relief 
projects addressing freight and passenger rail chokepoints, and 
intercity passenger rail state of good repair (on shared public-private 
and publicly owned infrastructure);
    (B) The proposed Federal share of total project costs does not 
exceed 50 percent; \35\
---------------------------------------------------------------------------

    \35\ 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 2023 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.
---------------------------------------------------------------------------

    (C) The net benefits of the grant funds will be maximized 
considering the Benefit-Cost Analysis, including

[[Page 22223]]

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); \36\ and
---------------------------------------------------------------------------

    \36\ 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.
---------------------------------------------------------------------------

    (D) The project is eligible under 49 U.S.C. 22907(c)(11), 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.\37\ 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.
---------------------------------------------------------------------------

    \37\ FRA has identified these 25 counties through https://railroads.dot.gov/safety-data, and includes the following: 
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. Administration Priorities:
    FRA will consider projects that address the following key 
Administration Priorities:
    Safety: FRA will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with 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 and upgrades infrastructure to achieve a 
higher level of safety, reduces incidences of rail-related trespassing, 
upgrades infrastructure to achieve a higher level of safety, and uses 
an appropriately trained workforce. Overall, FRA expects that projects 
will provide positive safety benefits for all users and not negatively 
impact safety for all users.
    Climate Change and Sustainability: FRA will assess the project's 
ability to reduce the harmful effects of climate change and anticipate 
necessary improvements to prepare for extreme weather events. Such 
considerations may include, but are not limited to, the extent to which 
the project reduces emissions, promotes energy efficiency, increases 
resiliency, incorporates evidence-based climate resilience measures or 
features, and avoids adverse environmental impacts to air or water 
quality, wetlands, and endangered species. Projects that lead to a 
significant reduction of emissions resulting from rehabilitating, 
remanufacturing, procuring, and overhauling a locomotive meet the 
objective of this priority.
    Applicants are encouraged to use the DOT Navigator Climate 
checklist in responding to this criterion. Applications that are rated 
highly on this criterion will be those that use data-driven and 
evidence-based methods to demonstrate that the project will:
     Significantly reduce GHG emissions in the transportation 
sector; and
     Incorporate evidence-based climate resilience measures or 
features.
    Equity and Justice40: FRA will assess elements including how the 
project will create positive outcomes that will reduce, mitigate, or 
reverse how a community is experiencing disadvantage through increasing 
affordable transportation options, improving health or safety, reducing 
pollution, connecting Americans to good-paying jobs, fighting climate 
change, and/or improving access to nature, resources, transportation or 
mobility, and quality of life. FRA will consider the benefits and 
potential burdens a project may create, who would experience them and 
how the benefits and potential burdens will impact disadvantaged 
communities.
    Applicants are encouraged to use Climate & Economic Justice 
Screening Tool (CEJST), a new tool by the White House Council on 
Environmental Quality (CEQ), that aims to help Federal agencies 
identify disadvantaged communities as part of the Justice40 initiative 
to accomplish the goal that 40% of benefits from certain federal 
investment reach disadvantaged communities. Applicants should use CEJST 
as the primary tool to identify disadvantaged communities (Justice40 
communities). Applicants are strongly encouraged to use the USDOT 
Equitable Transportation Community (ETC) Explorer to understand how 
their community or project area is experiencing disadvantage related to 
lack of transportation investments or opportunities. Through 
understanding how a community or project area is experiencing 
transportation-related disadvantage, applicants are able to address how 
the benefits of a project will reverse or mitigate the burdens of 
disadvantage and demonstrate how the project will address challenges 
and accrued benefits.
    Applicants are strongly encouraged to use the FRA's Justice40 Rail 
Explorer Tool, (https://usdot.maps.arcgis.com/apps/webappviewer/index.html?id=fd9810f673b64d228ae072bead46f703) to identify the rail 
infrastructure in their project and features of the surrounding 
community as the basis of their assessment. The FRA Justice40 Rail 
Explorer Tool is a rail-specific complement to the USDOT ETC Explorer 
and leverages the same methodology and metrics. The FRA Justice40 Rail 
Explorer Tool provides GIS information on existing rail infrastructure, 
communities, and pollution levels based on the proposed project's 
location, and applicants can thus use this tool to note how their 
project location scores across several different measures. 
Transportation disadvantaged communities experience burden, as a result 
of underinvestment in transportation, in the following five components: 
Transportation Insecurity, Climate and Disaster Risk Burden, 
Environmental Burden, Health Vulnerability, and Social Vulnerability.
    Workforce Development, Job Quality, and Wealth Creation: FRA will 
assess how the project will create good-paying, safe jobs with free and 
fair choice to join a union including through the use of a project 
labor agreement, promote investments in high-quality workforce 
development programs, adopt local and economic hiring preferences for 
the project workforce, and promote local inclusive economic and 
entrepreneurship programs.
    For Administration Priorities, FRA will consider the application's 
responsiveness to the criteria, and will result in a rating of ``Non-
responsive, ``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as 
described in the rubric below. Applicants do not need to respond to all 
of the Administration Priorities if the criterion is not applicable to 
the proposed project.

[[Page 22224]]



                        Administration Priorities
For the Administration Priorities Criteria described in section E(3)(b),
   FRA will consider the application's responsiveness to the criteria,
          including an assessment of supporting justifications.
------------------------------------------------------------------------
                                                             Highly
  Non-responsive       Acceptable        Responsive        responsive
------------------------------------------------------------------------
Application        Application        Application       Application
 contains           contains limited   contains          contains
 insufficient       information that   sufficient        thorough and
 information to     is supported by    information       complete
 assess any of      some evidence,     that is           information
 the                but primarily      adequately        that is
 Administration     described          supported by      strongly
 Priorities, or     qualitatively,     both              supported by
 project is         that the project   quantitative      both
 inconsistent       is consistent      and qualitative   quantitative
 with one or more   with at least      evidence that     and qualitative
 of the             one of the         the project has   evidence that
 Administration     Administration     clear and         the project has
 Priorities.        Priorities.        direct benefits   clear, direct,
                                       in at least one   and significant
                                       of the            benefits in one
                                       Administration    or more of the
                                       Priorities.       Administration
                                                         Priorities, and
                                                         is not
                                                         inconsistent
                                                         with any of the
                                                         Administration
                                                         Priorities.
------------------------------------------------------------------------

    Upon completion of all reviews, FRA will finalize an Overall Rating 
for each application. This rating will be a combination of the results 
of the three Merit Criteria reviews, specifically Project Readiness, 
Project Benefits, and Technical Merit criteria ratings as described in 
sections E(2)(a)-E(2)(c); the benefit-cost analysis as identified in 
section E(2)(c) and further described in section D(2)(b)(ii); and the 
Administration Priorities as described in section E(3)(b). Provided in 
the Overall Rating Rubric below, each rating has defined parameters to 
which each application will be assessed.

                             Overall Rating
------------------------------------------------------------------------
                                                             Highly
 Not recommended       Acceptable        Recommended       recommended
------------------------------------------------------------------------
The application    The application    The application   The application
 received an        received an        received an       received an
 overall score of   overall score of   overall score     overall score
 not recommended    acceptable based   of recommended    of highly
 based on Project   on Project         based on          recommended
 Readiness,         Readiness,         Project           based on
 Technical Merit,   Technical Merit,   Readiness,        Project
 and Project        and Project        Technical         Readiness,
 Benefits           Benefits           Merit, and        Technical
 ratings,           ratings,           Project           Merit, and
 confidence in      confidence in      Benefits          Project
 the                the benefit-cost   ratings,          Benefits
 application's      analysis, and      confidence in     ratings,
 BCA, and           consideration of   the benefit-      confidence in
 consideration of   Administration     cost analysis,    the benefit-
 Administration     Priorities.        and has clear     cost analysis,
 Priorities.                           and direct        and has clear,
                                       benefits in one   direct, and
                                       of the            significant
                                       Administration    benefits in one
                                       Priorities.       or more of the
                                                         Administration
                                                         Priorities.
------------------------------------------------------------------------

    The evaluation process may draw upon subject matter experts within 
FRA Division offices whose expertise is relevant to understanding the 
application's responsiveness to the program criteria, such as assessing 
the applicant's capacity to successfully deliver the project in 
compliance with applicable Federal requirements based on factors 
including, but not limited to, the recipient's experience working with 
Federal agencies, previous experience with DOT discretionary grant 
awards and/or the technical experience and resources dedicated to the 
project. Finally, in determining the allocation of program funds, FRA 
may also consider geographic diversity, diversity in the size of the 
systems receiving funding, and the applicant's receipt of other 
competitive awards.

2. Review and Selection Process

    FRA will conduct a five-part application review process, as 
follows:
     Intake and Eligibility Phase: Screen applications for 
applicant and project eligibility, completeness, and the minimum match 
(completed by the Evaluation Management and Oversight Team, or 
``EMOT,'' comprised of FRA program review directors who manage the pre-
award process);
     Evaluation Review Phase: Evaluate remaining applications 
against the statutory technical merit criteria, project benefit 
criteria, project readiness and the applicant's ability (based on past 
performance and relevant project factors) to develop and deliver 
similar projects, and alignment with Administration Priorities 
(completed by technical merit review panels consisting of FRA and 
Department of Transportation (DOT) staff). The EMOT will compile the 
results of the Evaluation Review Phase consistent with the CRISI 
Program set-asides and selection preferences. After considering all FRA 
reviews under the statutory criteria, applications will be assigned an 
overall rating of ``Highly Recommended,'' ``Recommended,'' 
``Acceptable,'' or ``Not Recommended'';
     Steering Committee Phase: The Steering Committee is 
comprised of Senior Directors with the Office of Railroad Development, 
which may also include senior leadership from the Railroad Office of 
Safety and other relevant offices. The EMOT briefs the Steering 
Committee on all rated applications, and the Steering Committee may 
request more information from FRA offices whose expertise may be 
relevant. The Steering Committee provides strategic direction, in line 
with program goals outlined in this NOFO, on the development of 
materials and approach for the Senior Review Team (SRT) briefing;
     Senior Review Phase: The SRT will review, apply selection 
criteria, and recommend initial selection of projects for the FRA 
Administrator's review (completed by the SRT, which may include senior 
leadership from the Office of the Secretary and FRA); and
     Selection and Award Phase: Select recommended awards for 
the Secretary's or his designee's review and approval (completed by the 
FRA Administrator).

3. Reporting Matters Related to Integrity and Performance

    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold 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.

[[Page 22225]]

    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 38
---------------------------------------------------------------------------

    \38\ More information on FRA Discretionary Grant Agreements can 
be found at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------

1. Federal Award Notices

    FRA will announce applications selected for funding in a press 
release and on FRA's website after the application review period. This 
announcement is FRA's notification to successful and unsuccessful 
applicants alike. Following this announcement, FRA will contact the 
point of contact listed in the SF 424 to initiate negotiation of a 
project-specific grant agreement. This notification is not an 
authorization to begin proposed project activities. FRA requires 
satisfaction of applicable requirements by the applicant and a formal 
agreement signed by both the grantee and the FRA, including an approved 
scope, schedule, and budget, before obligating the grant.

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, grantees of funds must 
comply with all applicable requirements of Federal law, including, 
without limitation, the Constitution of the United States; the relevant 
authorization and appropriations, the conditions of performance, 
nondiscrimination requirements, and other assurances made applicable to 
the award of funds in accordance with regulations of DOT; and 
applicable Federal financial assistance and contracting principles 
promulgated by the Office of Management and Budget. In complying with 
these requirements, grantees, 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 DOT determines that a grantee has failed to comply with 
applicable Federal requirements, DOT may terminate the award of funds 
and disallow previously incurred costs, requiring the grantee to 
reimburse any expended award funds. The new FRA grant agreement 
consists of three parts: Attachment 1: Standard Terms and Conditions, 
Attachment 2: Project-Specific Terms and Conditions, and Terms and 
Conditions Exhibits.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards at 2 CFR part 200, 
subpart D--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; and environmental justice; compliance with 
49 U.S.C. 24905(c)(2) for the duration of NEC Projects; and 2 CFR 
200.315, governing rights to intangible property. Projects assisted 
with funds provided through the Maglev Grants Program are subject to 49 
U.S.C. 5333(a). Unless otherwise stated in statutory or legislative 
authority, or appropriations language, all financial assistance awards 
follow the Uniform Administrative Requirements, Cost Principles and 
Audit Requirements for Federal Awards at 2 CFR part 200 and 2 CFR part 
1201.
    Assistance under this NOFO is subject to the grant conditions in 49 
U.S.C. 22905, including labor protective arrangements that are 
equivalent to the protective arrangements established under section 504 
of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 836) with respect to employees affected by actions taken in 
connection with the project to be financed in whole or in part by 
grants subject to 49 U.S.C. 22905, the provision deeming operators rail 
carriers and employers for certain purposes, and grantee agreements 
with railroad right-of-way owners for projects using railroad rights-
of-way (see section D(2)(a)(viii)(A)(5)).\39\
---------------------------------------------------------------------------

    \39\ More information on labor protections can be found here: 
https://railroads.dot.gov/elibrary/equivalent-labor-protections.
---------------------------------------------------------------------------

    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 
environmental justice in their planning, as determined by FRA, will be 
required to do so before receiving funds for construction, consistent 
with core policy goals of assessing these potential impacts. For 
example, see Executive Order 14008, Tackling the Climate Crisis at Home 
and Abroad (86 FR 7619) and Executive Order 14096, Revitalizing Our 
Nation's Commitment to Environmental Justice. In the grant agreement, 
recipients will be expected to describe activities they have taken or 
will take prior to obligation of construction funds to address climate 
change and environmental justice (EJ). (See Article 9 of FRA's 
Attachment 2: Project-Specific Terms and Conditions for a list of 
project activities that address climate change and environmental 
justice priorities, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf). Activities that 
address climate change include, but are not limited to, demonstrating 
the project will result in significant greenhouse gas emissions 
reductions; the project supports emissions reductions goals in a Local/
Regional/State plan; the project improves disaster preparedness and 
resilience; the project incorporates resilience in its design, and the 
project primarily focuses on funding for state of good repair and clean 
transportation options, including public transportation, walking, 
biking, and micro-mobility. Activities that address environmental 
justice may include, but are not limited to: basing project design on 
consideration of community impacts; information gained from screening 
tools such as CEJST, EPA's EJ Screen, or another appropriate 
environmental and community impacts tools developed by a State agency; 
connecting transportation disadvantaged communities or other 
communities with environmental justice concerns based on information 
gained from the screening tools noted above or FRA's Justice40 Rail 
Explorer Tool; conducting enhanced, targeted outreach to potentially 
affected communities, including disadvantaged communities; considering 
environmental justice in alternatives analysis and final project 
design; and supporting a modal shift in freight or passenger movement 
to reduce emissions or reduce induced travel demand.
    Projects must consider and address equity and barriers to 
opportunity in their planning, as determined by FRA, and as a condition 
of receiving construction funds, consistent with Executive Order 13985, 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (86 FR 7009). The grant agreement should include 
the

[[Page 22226]]

grantee's description of activities it has 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; completing a 
community needs assessment; adopting an equity and inclusion program/
plan; conducting meaningful public engagement to ensure underserved 
communities are provided an opportunity to be involved in the planning 
process and is conducted in a manner that is consistent with Title VI 
of the Civil Rights Act (Title VI); including investments that either 
redress past barriers to opportunity or that proactively create new 
connections and opportunities for underserved communities; hiring from 
local communities; improving access to or providing economic growth and 
wealth building opportunities for underserved, overburdened, or rural 
communities; or addressing historic or current inequitable air 
pollution or other environmental, health, or economic burdens and 
impacts. (See Article 10 of FRA's Attachment 2: Project-Specific Terms 
and Conditions for a list of project activities that address efforts to 
improve racial equity and reduce barriers to opportunity, available at: 
https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf). While not a 
selection criterion to the extent the project includes or is part of a 
station area, 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, including project labor 
agreements, local hire agreements, 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 underrepresented groups, 
and proactive plans to prevent harassment. (See Article 11 of FRA's 
Attachment 2: Project-Specific Terms and Conditions for a list of 
project activities that address efforts to support good-paying jobs and 
strong labor standards, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.
a. Federal Contract Compliance
    As a condition of grant award and consistent with Executive Order 
11246, Equal Employment Opportunity (30 FR 12319, and as amended), all 
Federally assisted contractors are required to make good faith efforts 
to meet the goals of 6.9 percent of construction project hours being 
performed by women, in addition to goals that vary based on geography 
for construction work hours and for work being performed by people of 
color. Under Section 503 of the Rehabilitation Act and its implementing 
regulations, affirmative action obligations for certain contractors 
include an aspirational employment goal of 7 percent workers with 
disabilities.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam 
Era Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega 
Construction Project Program through which it engages with project 
sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. OFCCP will 
identify projects that receive an award under this notice and are 
required to participate in OFCCP's Mega Construction Project Program 
from a wide range of Federally-assisted projects over which OFCCP has 
jurisdiction and that have a project cost above $35 million. DOT will 
require project sponsors with costs above $35 million that receive 
awards under this funding opportunity to partner with OFCCP, if 
selected by OFCCP, as a condition of their DOT award.
b. Critical Infrastructure Security, Cybersecurity and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against all hazards, 
including physical and cyber risks, consistent with Presidential Policy 
Directive 21--Critical Infrastructure Security and Resilience, and the 
National Security Memorandum (NSM-5) on Improving Cybersecurity for 
Critical Infrastructure Control Systems. Each applicant selected for 
Federal funding must demonstrate, prior to signing of the grant 
agreement, efforts to consider and address physical and cyber security 
risks relevant to the transportation mode and type and scale of the 
project. Projects that have not appropriately considered and addressed 
physical and cyber security and resilience in their planning, design, 
and project oversight, as determined by the Department and the 
Department of Homeland Security, will be required to do so before 
receiving funds.
c. Domestic Preference Requirements
    As expressed in Executive Order 14005, Ensuring the Future Is Made 
in All of America by All of America's Workers (86 FR 7475), the 
executive branch should maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. Funds made available under this notice are subject 
to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy 
America) and the Build America, Buy America Act, Public Law 117-58, 
70901-52. The Department expects all applicants to comply with the 
applicable domestic preference requirements. However, Major Projects 
applicants should include a domestic sourcing plan that provides 
details on the extent to which the materials covered by the plan are to 
be imported and the extent to which such materials can be sourced 
domestically.; and (2) Applicants should also provide an explanation in 
the plan of the number of domestic jobs, temporary and permanent, that 
will be generated by the project and outline a plan to transition any 
foreign labor responsibilities to domestic jobs. Major projects 
applicants may also request a waiver from certain Buy America 
requirements along with the domestic sourcing plan.
d. Civil Rights and Title VI
    As a condition of a grant award, grant recipients should 
demonstrate that the recipient has a plan for compliance with civil 
rights obligations and nondiscrimination laws, including Title

[[Page 22227]]

VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR 
part 21), the Americans with Disabilities Act of 1990 (ADA), Section 
504 of the Rehabilitation Act, all other civil rights requirements, and 
accompanying regulations. This may include a current Title VI plan, 
completed Community Participation Plan, and a plan to address any 
legacy infrastructure or facilities that are not compliant with ADA 
standards. DOT's and FRA's Offices of Civil Rights may work with 
awarded grant recipients to ensure full compliance with Federal civil 
rights requirements.

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports may be submitted electronically. 
Pursuant to 2 CFR 170.210, non-Federal entities applying under this 
NOFO must have the necessary processes and systems in place to comply 
with the reporting requirements should they receive Federal funding.
b. Additional Reporting
    Applicants selected for funding are required to comply with all 
reporting requirements in the standard terms and conditions for FRA 
grant awards including 2 CFR 180.335 and 2 CFR 180.350. If the total 
value of a selected applicant's 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 information reported to SAM and ensure 
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 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 15-435 (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 type of project. 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Primary             Secondary
         Rail measures              Unit measure     Measurement period     Measurement       administration        administration        Description
                                                                             frequency           priority              priority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles...............  Miles.............  ..................  Quarterly........  Workforce           Safety...............  The number of
                                                                                             Development, Job                           miles per
                                                                                             Quality, and                               quarter within
                                                                                             Wealth Creation.                           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........  Workforce           .....................  The annual gross
                                                                                             Development, Job                           tonnage of
                                                                                             Quality, and                               freight shipped
                                                                                             Wealth Creation.                           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.............  ..................  Quarterly........  Workforce           Safety...............  The number of
                                                                                             Development, Job                           automobile
                                                                                             Quality, and                               crossings that
                                                                                             Wealth Creation.                           are eliminated
                                                                                                                                        at an at-grade
                                                                                                                                        crossing as a
                                                                                                                                        result of a new
                                                                                                                                        grade
                                                                                                                                        separation.
Equity in Contracting..........  Count of small      Duration of the     Annual...........  Equity and          .....................  Contracting with
                                  businesses          Project                                Justice40.                                 small and
                                  contracted.         Performance                                                                       socially
                                                      Period.                                                                           disadvantaged
                                                                                                                                        business
                                                                                                                                        enterprises, and
                                                                                                                                        labor surplus
                                                                                                                                        area firms (each
                                                                                                                                        a ``Small
                                                                                                                                        Business'') for
                                                                                                                                        the Project.
Fuel Savings/Emissions.........  Gallons...........  ..................  Annual...........  Climate Change and  .....................  The total gallons
                                                                                             Sustainability.                            of fuel saved as
                                                                                                                                        a result of
                                                                                                                                        rehabilitating,
                                                                                                                                        remanufacturing,
                                                                                                                                        procuring, or
                                                                                                                                        overhauling
                                                                                                                                        locomotives.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 22228]]

e. Program Evaluation
    As a condition of grant award, grantees may be required to 
participate in an evaluation undertaken by DOT, or another agency or 
partner. The evaluation may take different forms such as an 
implementation assessment across grant recipients, an impact and/or 
outcomes analysis of all or selected sites within or across grantee, or 
a benefit/cost analysis or assessment of return on investment. The 
Department may require applicants to collect data elements to aid the 
evaluation. As a part of the evaluation, as a condition of award, 
grantee must agree to: (1) make records available to the evaluation 
contractor; (2) provide access to program records, and any other 
relevant documents to calculate costs and benefits; (3) in the case of 
an impact analysis, facilitate the access to relevant information as 
requested; and (4) follow evaluation procedures as specified by the 
evaluation contractor or DOT staff. For grant recipients, evaluation 
expenses are allowable costs (either as direct or indirect), unless 
prohibited by statute or regulation, and such expenses may include the 
personnel and equipment needed for data infrastructure and expertise in 
data analysis, performance, and evaluation (2 CFR part 200).
f. Project Signage and Public Acknowledgements
    As a condition of grant award, for construction and non-
construction projects, recipients may be required to post project 
signage and to include public acknowledgments in published and other 
collateral materials (e.g., press releases, marketing materials, 
website, etc.) satisfactory in form and substance to DOT, that 
identifies the nature of the project and indicates that ``the project 
is funded by the Bipartisan Infrastructure Law''. In addition, 
recipients employing project signage are required to use the official 
Investing in America emblem in accordance with the Official Investing 
in America Emblem Style Guide. Costs associated with signage and public 
acknowledgments must be reasonable and limited. Signs or public 
acknowledgments should not be produced, displayed, or published if 
doing so results in unreasonable cost, expense, or recipient burden. 
The Recipient is encouraged to use recycled or recovered materials when 
procuring signs.

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
FRA NOFO Support program staff via email at [email protected]. 
If additional assistance is needed, you may contact Ms. Deborah Kobrin, 
Supervisory Transportation Specialist, at email: [email protected] 
or telephone: 202-420-1281 in FRA's Office of Rail Program Development.

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 which 
sets forth rules for FRA to make requested materials, information, and 
records publicly available under FOIA. Unless prohibited by law and to 
the extent permitted under the FOIA, contents of 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.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024-06710 Filed 3-28-24; 8:45 am]
BILLING CODE 4910-06-P