[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56788-56807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15061]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for the FY 2023-FY 2024 Railroad 
Crossing Elimination Program

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

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

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SUMMARY: This Notice details the application requirements and 
procedures to obtain grant funding for eligible projects under the 
Railroad Crossing Elimination Program for Fiscal Years (FY) 2023 and 
2024. This Notice solicits applications for funds made available by the 
Infrastructure Investment and Jobs Act (IIJA). The opportunity 
described in this notice is made available under Assistance Listings 
Number 20.327, ``Railroad Crossing Elimination.''

DATES: Applications for funding under this solicitation are due no 
later than 11:59 p.m. EST, September 23, 2024. Applications that are 
incomplete or received after 11:59 p.m. EST, on September 23, 2024 will 
not be considered for funding. See section D of this notice for 
additional information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only 
applicants who comply with all submission requirements described in 
this notice and submit applications through www.Grants.gov will be 
eligible for award.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice, please contact the FRA NOFO Support program staff via 
email at dot.gov">FRA-NOFO-Support@dot.gov. If additional assistance is needed, 
you may contact Ms. Jenny Zeng, Transportation Industry Analyst, at 
email: dot.gov">Jenny.Zeng@dot.gov or telephone: 857-330-2481; Stefani Gaede, 
Transportation Industry Analyst, at email: dot.gov">stefani.gaede@dot.gov or 
telephone: 202-940-8426; in FRA's Office of Rail Program Development.

SUPPLEMENTARY INFORMATION: 
    Notice to applicants: FRA recommends that applicants read this 
notice in its entirety prior to preparing

[[Page 56789]]

application materials. Definitions of key terms used throughout the 
NOFO are provided in section A(2) below. These key terms are 
capitalized throughout the NOFO. There are several administrative and 
specific eligibility requirements described herein with which 
applicants must comply. Additionally, applicants should note that the 
required Project Narrative component of the application package may not 
exceed 25 pages in length.

Table of Contents

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

   Summary Overview of Key Information: Railroad Crossing Elimination
                              Program (RCE)
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Issuing Agency...............  Federal Railroad Administration, U.S.
                                Department of Transportation.
Program Overview.............  The purpose of the RCE Program is to fund
                                highway-rail or pathway-rail grade
                                crossing improvement projects that focus
                                on improving the safety and mobility of
                                people and goods.
Eligible Applicants..........   A State (including the District
                                of Columbia Puerto Rico, and other
                                United States territories and
                                possessions).
                                A political subdivision of a
                                State.
                                A federally recognized Indian
                                Tribe.
                                A unit of local government or a
                                group of local governments.
                                A public port authority.
                                A metropolitan planning
                                organization.
                                A group of entities included
                                above.
Eligible Project Types.......   Grade separation or closure,
                                including through the use of a bridge,
                                embankment, tunnel, or combination
                                thereof.
                                Track relocation.
                                The improvement or installation
                                of protective devices, signals, signs,
                                or other measures to improve safety,
                                provided that such activities are
                                related to a separation or relocation
                                project described above.
                                Other means to improve the
                                safety and mobility of people and goods
                                at highway-rail grade crossings
                                (including technological solutions).
                                A group of related projects
                                described above that would collectively
                                improve the mobility of people and
                                goods.
                                The planning, environmental
                                studies, and final design for a project
                                or group of projects described above.
Funding......................  The total funding available for awards
                                under this NOFO is up to $1,148,809,580.
Deadline.....................  Deadline: No later than 11:59 p.m. EST,
                                September 23, 2024.
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A. Program Description

1. Overview

    The RCE Program provides a federal funding opportunity to fund 
highway-rail or pathway-rail grade crossing improvement projects that 
focus on improving the safety and mobility of people and goods. Such 
projects will improve American rail infrastructure to enhance rail 
safety, improve the health and safety of communities, eliminate 
highway-rail and pathway-rail grade crossings that are frequently 
blocked by trains, and reduce the impacts that freight movement and 
railroad operations may have on underserved communities.
    The purpose of this NOFO is to solicit applications for projects 
through the competitive RCE Program, which is authorized by the 
Infrastructure Investment and Jobs Act (IIJA), Sec. 22104, Public Law 
117-58 (November 15, 2021), and funded by the 2023 and 2024 advance 
appropriations in Title VIII of Division J of the IIJA. This NOFO 
describes funding available, application submission requirements, and 
the selection and evaluation criteria for projects under the RCE 
Program. The RCE Program requirements are codified at 49 U.S.C. 22909.
    This NOFO integrates FRA's Guidance on Development and 
Implementation of Railroad Capital Projects (Jan. 12, 2023, 88 FR 2163) 
(FRA's Capital Projects Guidance), which assists project sponsors in 
developing effective and complete capital projects by defining the 
project development process and describing implementation tools, 
processes, and documentation that may be required for a grant. FRA's 
Capital Projects Guidance can be found here: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
    In December 2023, FRA updated its standard grant agreement terms 
and conditions. The new FRA grant agreement consists of three parts: 
Attachment 1: Standard Terms and Conditions, Attachment 2: Project-
Specific Terms and Conditions, and Terms and Conditions Exhibits. The 
updated agreements are available at: https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
    DOT seeks to fund projects that advance the Administration 
Priorities of safety, equity, climate and sustainability, workforce 
development, job quality, and wealth creation as described in the U.S. 
Department of Transportation (DOT) Strategic Plan,\1\ and in executive 
orders, which are described in section E.
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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. ``Capital Project'' means a project for acquiring, constructing, 
improving, or inspecting rail equipment, track and track structures, or 
a rail facility, including expenses incidental to the acquisition or 
construction including pre-construction activities (such as designing, 
engineering, location surveying, mapping, acquiring rights-of-way) and 
related relocation costs,\2\ environmental studies, and all work 
necessary for FRA to consider the effects of the proposed project under 
the National Environmental Policy Act; Highway-Rail Grade Crossing 
improvements; communication and signalization improvements; and 
rehabilitating, remanufacturing, or overhauling rail rolling stock and 
rail facilities.
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    \2\ FRA will consider right-of-way acquisition only if it is 
included in an application also seeking Construction funding.
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    b. ``Commuter Rail Passenger Transportation'' means short-haul rail 
passenger transportation in metropolitan and suburban areas usually 
having reduced fare, multiple rides, and commuter tickets, and morning 
and evening peak period

[[Page 56790]]

operations, consistent with 49 U.S.C. 24102(3); the term does not 
include rapid transit operations in an urban area that are not 
connected to the general railroad system of transportation.
    c. ``Construction'' means the Lifecycle Stage of a Capital Project 
during which the Capital Project is completely built, installed, and 
placed in use. Construction activities include, but are not limited to, 
physical construction and installation of the Capital Project, 
including testing of equipment, workforce training, and start-up 
testing. Construction activities occur after a project has completed 
Final Design. Construction is described in FRA's Capital Projects 
Guidance.
    d. ``Final Design'' or ``FD'' means the Lifecycle Stage of a 
Capital Project during which the Capital Project design is advanced to 
be ready for Construction. This is when the agreements necessary to 
construct and operate the Capital Project are secured, acquisition of 
right-of-way is completed, and final engineering plans and 
specifications necessary for the construction of the project are 
produced. Final Design activities occur after a Capital Project has 
completed Project Development, and before a Capital Project can advance 
to Construction. Final Design is described in FRA's Capital Projects 
Guidance.
    e. ``Grade Separation or Closure'' means an underpass or overpass 
to eliminate level crossings between railroad and highway users at an 
existing highway-rail or pathway-rail grade crossing, or the closing of 
a highway-rail grade crossing to vehicular or pedestrian traffic.
    f. ``Highway-Rail Grade Crossing'' means a location where a public 
highway, road, street, or private roadway, including associated 
sidewalks and pathways, crosses one or more railroad tracks at grade.
    g. ``Improvement Project'' means a project related to an existing 
highway or pathway-rail crossing including: installation, repair, or 
improvement of crossings, grade separations, railroad crossing signals, 
gates, bells, audible warning devices and related technologies; highway 
traffic signalization, lighting, crossing approach signage, and roadway 
improvements such as medians or other barriers; pathway improvements 
such as bollards; railroad crossing panels and surfaces; and other 
safety engineering improvements, or highway-rail programs to reduce 
risk.
    h. ``Intercity Rail Passenger Transportation'' means rail passenger 
transportation, except Commuter Rail Passenger Transportation, see 49 
U.S.C. 22901(3), and in this NOFO, it has the same meaning as 
``Intercity Passenger Rail Service'' and ``Intercity Passenger Rail 
Transportation.''
    i. ``Lifecycle Stage'' means each of the consecutive stages of a 
Capital Project as it is developed and implemented that include Systems 
Planning, Project Planning, Project Development, Final Design, 
Construction, and Operation. Each sequential stage involves specific 
activities. Lifecycle Stages are described in FRA's Capital Projects 
Guidance.
    j. ``Major Project'' means a Capital Project with a capital cost 
estimate equal to or greater than $500 million and with at least $100 
million in federal assistance under the Railroad Crossing Elimination 
Program. Major Project is described in FRA's Capital Project Guidance.
    k. ``National Environmental Policy Act'' or ``NEPA'' (42 U.S.C. 
4321 et seq.) is a federal law that requires federal agencies to 
analyze and document the environmental impacts of a proposed action in 
consultation with appropriate federal, tribal, state, and local 
authorities, and with the public. Environmental Review under NEPA 
consists of an Environmental Impact Statement (EIS), Environmental 
Analysis (EA) or Categorical Exclusion (CE). The NEPA class of action 
depends on the potential environmental impacts of the proposed action. 
For purposes of this NOFO, NEPA also includes all related federal laws 
and regulations including the Clean Air Act, section 4(f) of the 
Department of Transportation Act, section 7 of the Endangered Species 
Act, and section 106 of the National Historic Preservation Act. 
Additional information regarding FRA's environmental processes and 
requirements is located at https://railroads.dot.gov/rail-network-development/environment/environment. NEPA consultation and 
documentation are considered part of the Project Development Lifecycle 
Stage, as described in FRA's Capital Projects Guidance.
    l. ``Pathway-Rail Grade Crossing'' means a pathway that crosses one 
or more railroad tracks at grade and that is: (1) explicitly authorized 
by a public authority or a railroad; (2) dedicated for the use of non-
vehicular traffic, including pedestrians, bicyclists, and others; and 
(3) not associated with a public highway, road, or street, or a private 
roadway.
    m. ``Preliminary Engineering'' or ``PE'' means engineering design 
to define a Capital Project, including identification of all 
environmental impacts and design of all critical project elements at a 
level sufficient to ensure reliable cost estimates and schedules. The 
PE development process starts with specific project design alternatives 
that allow for the assessment of a range of rail improvements, specific 
alignments, and project designs. PE is considered part of the Project 
Development Lifecycle Stage, as described in FRA's Capital Projects 
Guidance.
    n. ``Project Development'' means the Lifecycle Stage of a Capital 
Project during which the project sponsor conducts design, 
environmental, and other studies to ensure the project is ready for 
implementation. Project Development activities occur after a project 
has completed Project Planning, and before a Capital Project can 
advance to Final Design. Project Development is described in FRA's 
Capital Projects Guidance.
    o. ``Project Management Plan'' means, under this NOFO, a document 
that describes how the Capital Project will be implemented, monitored, 
and controlled to help the project sponsor effectively, efficiently, 
and safely deliver the project on-time, within budget, and at the 
highest appropriate quality. Project Management Plan is described in 
FRA's Capital Projects Guidance.
    p. ``Project Planning'' is the first Lifecycle Stage of a Capital 
Project during which the project sponsor identifies Capital Project 
concepts to adequately address transportation needs and opportunities; 
identifies and compares costs, benefits, and impacts of project 
options; identifies the impacted environmental resources; and engages 
with interested parties, agencies, and infrastructure owners. Project 
Planning activities are completed before a Capital Project advances to 
Project Development. Project Planning is described in FRA's Capital 
Projects Guidance.
    q. ``Rural Area'' means any area that is not within an area 
designated as an urbanized area by the most recent Bureau of the 
Census.
    r. ``Track Relocation'' means moving a rail line vertically or 
laterally to a new location in order to eliminate an existing Highway-
Rail Grade Crossing. ``Vertical Relocation'' refers to raising above 
the current ground level or sinking below the current ground level of a 
rail line. ``Lateral Relocation'' refers to moving a rail line 
horizontally to a new location.
    s. ``Tribal Lands'' means any lands reserved for a federally 
recognized Native American tribe or tribes under treaty or other 
agreement with the United States, executive order, or federal statute 
or administrative action as permanent tribal homelands, and

[[Page 56791]]

where the federal government holds title to the land in trust on behalf 
of the tribe.

B. Federal Award Information

1. Available Award Amount & Special Funding Set-Asides

    The total funding available for awards under this NOFO is up to 
$1,148,809,580, made available by the FY 2023 and 2024 advance 
appropriations provided in Title VIII of Division J of IIJA and by 
remaining unawarded FY 2022 RCE Program balances.\3\ Should additional 
RCE Program funds become available after the release of this NOFO, FRA 
may elect to award such additional funds to applications received under 
this NOFO. Any selection and award under this NOFO are subject to the 
availability of appropriated funds.
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    \3\ $1,146,528,000 in combined FY 2023-2024 supplemental 
appropriations ($573,264,000 each year) are provided by Title VIII 
of Division J of IIJA, as well as $2,281,580 in carryover FY 2022 
supplemental appropriations from Title VIII of Division J of IIJA. 
This creates a total of $1,148,809,580 available.
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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. Planning Projects--At least three percent of the total FY 2023-
2024 RCE Program grant funds available, or $36,000,000, as well as 
$2,281,580 in FY 2022 RCE funds, will combine to make $38,281,580 
available for planning projects described in 49 U.S.C. 22909(d)(6). Of 
these funds, $10,840,000 (which includes $1,840,000 in FY 2022 
carryover funds) will be made available for planning projects located 
in Rural Areas or on Tribal Lands. Further, FRA specifically expects to 
support planning projects that seek to advance efforts to grade 
separate at least one or more at-grade crossings. Planning projects are 
also subject to special considerations for award size and preference, 
as detailed in the following section 2(a).
    b. Rural or Tribal set-aside--At least 20 percent of the total FY 
2023-2024 RCE Program grant funds available, or $229,305,600, will be 
made available for projects located in Rural Areas or on Tribal Lands, 
as required by 49 U.S.C. 22909(f)(3)(A).\4\ At least five percent of 
these set-aside funds, or $11,465,280, will be made available for 
projects in counties with 20 or fewer residents per square mile, 
according to the most recent decennial census, provided that sufficient 
eligible applications have been submitted.
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    \4\ FRA awarded all of the FY 2022 Rural or Tribal set-aside to 
eligible applicants. No additional set-aside funds are carried 
forward to FY 2023-2024.
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    c. In addition, FRA will make at least $3,000,000 available for 
grants that carry out Highway-Rail Grade Crossing safety information 
and education programs. FRA expects that activities to promote further 
awareness of grade crossing safety will be based on existing best 
practices and such efforts will be implemented in a comprehensive 
manner through coordination with relevant stakeholders.

2. Award Size

    FRA anticipates making multiple awards with the available funding. 
FRA may not be able to award grants to all eligible applications even 
if they meet or exceed the stated evaluation criteria (see section E, 
Application Review Information). FRA strongly encourages applicants to 
seek funding for the appropriate Lifecycle Stage of a Capital Project, 
consistent with the application tracks in section C(3)(c) below. Where 
an application includes multiple Lifecycle Stages of a Capital Project, 
FRA may decide to only award funds for what it determines is the 
appropriate Lifecycle Stage.
    In addition, projects may require more funding than is available. 
FRA encourages applicants to propose a project that has operational 
independence, or a component of such project, which can be completed 
and implemented with funding under this NOFO as a part of the total 
project cost together with other, non-federal sources. (See section 
C(3)(c) for more information). There are no predetermined maximum 
dollar thresholds for individual awards, but no more than 20 percent of 
the grant funds available ($229,761,916 total from both FY 2023-2024 
funding and FY 2022 carryover funds) will be awarded for projects in 
any single State.
    Applicants are not limited in the number of projects for which they 
seek funding. Applicants submitting more than one application are 
requested to submit a priority ranking of their submitted applications 
that is consistent with each application package submitted.
a. Award Minimums and Planning Exception
    FRA will not award grants for less than $1,000,000, except for a 
Planning project, as described in 49 U.S.C. 22909(d)(6). Projects 
requesting less than $1,000,000 must consist solely of Planning 
activities (Planning is defined in section A.3.n of this NOFO) to be 
considered eligible. Applications that request funding for a 
combination of Planning and Project Development activities must exceed 
$1,000,000 in federal assistance under this NOFO.

3. Award Type

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

4. Concurrent Applications

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

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost 
sharing and matching requirements, project eligibility, and project 
component

[[Page 56792]]

operational independence. Applications that do not meet the 
requirements in this section are ineligible for funding. Instructions 
for submitting eligibility information to FRA are detailed in section D 
of this NOFO.

1. Eligible Applicants

    The following entities are eligible applicants for all projects 
permitted under this notice:
    a. A State (including the District of Columbia, Puerto Rico, and 
other United States territories and possessions).
    b. A political subdivision of a State.
    c. A federally recognized Indian Tribe.
    d. A unit of local government or a group of local governments.
    e. A public port authority.
    f. A metropolitan planning organization.
    g. A group of entities described in any of paragraphs (a) through 
(f).
    The applicant serves as the primary point of contact for the 
application, and if selected, as the recipient of the RCE Program grant 
award. An application may identify entities that are not eligible 
applicants as project partners.

2. Cost Sharing and Matching

    The federal share of total costs for RCE Program projects funded 
under this NOFO may not exceed 80 percent. The estimated total cost of 
a project must be based on the best available information, including 
engineering studies, studies of economic feasibility, environmental 
analyses, and information on the expected use of equipment and/or 
facilities. Additionally, in preparing estimates of total project 
costs, applicants are encouraged to use FRA's cost estimate guidance 
documentation, ``Capital Cost Estimating: Guidance for Project 
Sponsors,'' which is available at: https://www.fra.dot.gov/Page/P0926. 
Project sponsors should account for the impact of factors such as 
inflation as the applicant prepares their scope, schedule, and budget.
    The minimum 20 percent non-federal share may be comprised of public 
sector (e.g., State or local) or private sector funding. FRA will not 
consider any federal financial assistance, or any non-federal funds 
already expended (or otherwise encumbered) toward the matching 
requirement, unless such sources are compliant with 2 CFR part 200. In-
kind contributions, including the donation of services, materials, and 
equipment, may be credited as a project cost in a uniform manner 
consistent with 2 CFR 200.306. In addition, applicants may count costs 
incurred for Preliminary Engineering associated with Highway-Rail Grade 
Crossing and Pathway-Rail Grade Crossing Improvement Projects as part 
of the total project costs. Such costs are eligible as non-federal 
share or for reimbursement, even if they were incurred before project 
selection for award, consistent with 49 U.S.C. 22909(g). Such costs 
must have been incurred no earlier than November 15, 2021, and must be 
otherwise compliant with 2 CFR part 200 and the requirements of this 
RCE Program.
    Funding under this NOFO may not be used for costs that are included 
in or used to meet cost sharing or matching requirements of any other 
federally financed award or program. If the applicant is seeking 
additional funding for a project that has already received federal 
financial assistance, costs associated with the scope of work for the 
existing federal award are not eligible for funding under this NOFO. 
Only new scope elements/activities (e.g., new deliverables) are 
eligible for funding under this NOFO.
    Before applying, applicants should carefully review the principles 
for cost sharing or matching in 2 CFR 200.306. See section D(2)(a)(iii) 
of this NOFO for required application information on non-federal match 
and section E for further discussion of FRA's consideration of matching 
funds in the review and selection process. FRA will approve pre-award 
costs incurred after announcement of awards consistent with 2 CFR 
200.458, as applicable. See section D(6). Cost sharing or matching may 
be used only for eligible expenses for authorized Federal award 
purposes.
    All contracts for projects financed with federal funds will be 
subject to applicable federal requirements. Applicants that have 
entered into contracts for a proposed project prior to award must 
ensure that applicable federal requirements are included in the 
contract in the event the project is selected and federal funds are 
obligated.

3. Eligible Projects

a. The Following Are Eligible Under This NOFO
    The following Highway-Rail or Pathway-Rail Grade Crossing 
Improvement Projects (including acquiring real property interests) that 
focus on improving the safety and mobility of people and goods are 
eligible for funding under 49 U.S.C. 22909(d) and this NOFO:
    i. Grade separation or closure, including through the use of a 
bridge, embankment, tunnel, or combination thereof;
    ii. Track Relocation;
    iii. The improvement or installation of protective devices, 
signals, signs, or other measures the improve safety, provided that 
such activities are related to a separation or relocation project 
described in paragraph (i) or (ii);
    iv. Other means to improve the safety and mobility of people and 
goods at highway-rail grade crossings (including technological 
solutions); \5\
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    \5\ Highway-Rail Grade Crossing Safety Information and Education 
Programs are eligible under this category. FRA generally interprets 
this project eligibility category to relate to projects that 
directly improve safety and mobility at existing at-grade crossing 
locations.
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    v. A group of related projects described in paragraphs (i) through 
(iv) that would collectively improve the mobility of people and goods; 
or
    vi. The planning, environmental review, and design of an eligible 
project described in paragraphs (i) through (v).
    Consistent with 49 U.S.C. 22909(j)(1), grants under the RCE Program 
are not subject to the limitation in 49 U.S.C. 22905(f) and may 
therefore be awarded for commuter rail passenger transportation 
projects. Consistent with 49 U.S.C. 22909(j)(2), FRA will transfer such 
projects to the Federal Transit Administration to administer.
b. Project Component
    If an applicant requests funding for a component or set of 
components of a larger Capital Project, the project component(s) 
included in the application must be attainable with the award amount 
and comply with all eligibility requirements described in section C. In 
addition, the component(s) must enable independent analysis and 
decision making, as determined by FRA, under NEPA (i.e., have 
independent utility, connect logical termini, and not restrict the 
consideration of alternatives for other reasonably foreseeable rail 
projects).
c. Application Tracks
    Applicants are not limited in the number of projects for which they 
seek funding. FRA generally evaluates applications in Tracks based on 
the Lifecycle Stages of a Capital Project. While applications covering 
multiple Lifecycle Stages are not precluded, FRA generally expects that 
applications identify only one of the following tracks for an eligible 
proposed project:
     Track 1--Project Planning;
     Track 2--Project Development;
     Track 3--Final Design (FD)/Construction.
    FRA strongly encourages applicants to seek funding for the 
appropriate Lifecycle Stage of a Capital Project, consistent with these 
application tracks.

[[Page 56793]]

To the extent possible, applicants should describe their projects 
consistent with FRA's Capital Projects Guidance, which provides a 
detailed description of each Lifecycle Stage and its required 
activities: https://railroads.dot.gov/elibrary/fra-guidance-development-and-implementation-railroad-capital-project.
    If an application seeks funding under more than one application 
Track for multiple Lifecycle Stages, FRA may award funds for the 
application Track and corresponding Lifecycle Stage(s) it determines 
most appropriate based on project readiness information. Applicants are 
directed to identify the project components and estimated amount of 
federal funding requested for each Lifecycle Stage. If an application 
selected for award includes multiple Lifecycle Stages, FRA will require 
the grantee to complete the Lifecycle Stages in the order consistent 
with FRA's Capital Projects Guidance.
    i. Track 1--Project Planning: Track 1 consists of Project Planning 
specific to an eligible Capital Project. Example activities for Project 
Planning include: the development of a purpose and need statement; 
completion of conceptual engineering and other design; documentation 
showing that project alternatives were considered; completion of an 
environmental resource inventory and potential environmental concerns 
analysis; scale design drawings; public and stakeholder involvement; 
completion of an order-of-magnitude project cost estimate; and for 
Major Projects, completion of an initial Project Management Plan. 
Project Planning projects funded under this NOFO must be sufficiently 
developed when complete to support Project Development activities.
    FRA strongly encourages Track 1 Planning projects given the RCE 
Program's dedicated set-aside funding for planning activities. Please 
note that, pursuant to 49 U.S.C. 22909(d)(6), the minimum award 
requirement of $1,000,000 does not apply to applications for awards 
that fund only activities consistent with the Project Planning 
Lifecycle Stage. Consistent with Section A.2 of this NOFO, FRA intends 
to prioritize Planning projects that seek to grade separate one or more 
grade crossings.
    ii. Track 2--Project Development: Track 2 consists of projects for 
eligible Project Development activities. Example activities include: 
completion of PE and architectural or other design; PE drawings and 
specifications (scale drawings at the 30 percent design level, 
including track geometry as appropriate); design criteria, schematics 
and/or track charts that support the development of PE; work that can 
be funded in conjunction with developing PE, such as operations 
modeling, surveying, project work/management plans, preliminary cost 
estimates, and preliminary project schedules; completion of 
environmental review; and completion of applicable project management 
documentation (such as a Project Management Plan, schedule, capital 
cost estimate, and financial plan). Project Development projects funded 
under this NOFO must first demonstrate completion of Project Planning 
elements prior to Project Development funds being awarded and be 
sufficiently developed when complete to support FD or Construction 
activities.
    iii. Track 3--Final Design (FD)/Construction: Track 3 consists of 
projects for eligible FD and Construction activities. Applicants must 
complete all necessary Planning and Project Development stages, 
including PE and NEPA requirements, prior to moving to the FD/
Construction stage of a project. FD activities may include completion 
of the FD documentation, acquisition of right-of-way,\6\ resolving 
remaining uncertainties or risks associated with changes to the design 
and scope of the Capital Project; addressing procurement processes; and 
updating/completing the applicable project management documentation 
(such as a Project Management Plan, schedule, capital cost estimate, 
and financial plan).\7\ Construction activities may include physical 
construction and installation of the Capital Project, including 
procurement and manufacturing of vehicles and equipment, project 
administration, testing of equipment (e.g., signal equipment and 
rolling stock), systems integration testing, workforce training, system 
certification, procurement of insurance, provision of warrantees, pre-
revenue service, and start-up testing. Prior to obligation, applicants 
selected for funding for FD/Construction must demonstrate completion of 
applicable Systems Planning and Project Planning and Project 
Development activities, consistent with FRA's Capital Projects 
Guidance.
---------------------------------------------------------------------------

    \6\ FRA will only award funds for right-of-way (ROW)/property 
acquisition activities if the proposed project also includes 
construction activities consistent with the Construction Lifecycle 
Stage. FRA will not fund ROW acquisition activities independently or 
if proposed project only includes pre-construction activities or 
Lifecycle Stages (i.e., Project Planning, Project Development, or 
Final Design).
    \7\ Applicants selected for funding are encouraged to submit the 
following before obligation: an updated Project Management Plan 
(including a schedule, capital cost estimate, and financial plan), 
as grantees will be expected to develop a Project Management Plan 
under the grant agreement. See FRA's Capital Projects Guidance, 
Section V--Project Management for additional information.
---------------------------------------------------------------------------

d. Rural or Tribal Lands Project
    FRA will consider a project to be in a Rural Area or on Tribal 
Lands if all or the majority of the project (determined by geographic 
location(s) where the majority of the project funds will be spent) is 
located in a Rural Area or on Tribal Lands. However, in the event FRA 
elects to fund a component of the project, then FRA will reevaluate 
whether the project is in a Rural Area or on Tribal Lands.

D. Application and Submission Information

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

1. Address To Request Application Package

    Applicants may access application materials at https://www.Grants.gov and must submit all application materials in their 
entirety through https://www.Grants.gov no later than 11:59 p.m. EST, 
on September 23, 2024. Applicants must complete an Authorized 
Organization Representative (AOR) profile on www.Grants.gov and create 
a username and password. Additional information about the registration 
process is available at: https://www.grants.gov/applicants/applicant-registration.
    Applicants are strongly encouraged to apply early to ensure that 
all materials are received before the application deadline. FRA 
reserves the right to modify this deadline. General information for 
submitting applications through Grants.gov can be found at: https://www.fra.dot.gov/Page/P0270. FRA is committed to ensuring that 
information is available in appropriate alternative formats to meet the 
requirements of persons who have a

[[Page 56794]]

disability. If you require an alternative version of files provided or 
paper copies of materials, please contact Ms. Laura Mahoney, Office of 
the Chief Financial Officer, Federal Railroad Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590; email: dot.gov">laura.mahoney@dot.gov; 
or telephone: 202-578-9337.
    The E-Biz point of contact (E-Biz POC) at the applicant's 
organization must respond to the registration email from Grants.gov and 
login at www.Grants.gov to authorize the applicant as the AOR. Please 
note there can be more than one AOR for an organization.
---------------------------------------------------------------------------

    \8\ The amount requested from the RCE program on the SF-424 is 
the official record of request, and therefore must be consistent 
with the amount requested in the Project Narrative and Statement of 
Work documents, including the breakdown of Federal and non-Federal 
sources. For applications with discrepancies, FRA will defer to the 
funding amount in the SF-424.
---------------------------------------------------------------------------

    If an applicant has difficulty at any point during this process, 
please call the Grants.gov Customer Center Hotline at 1-800-518-4726, 
24 hours a day, 7 days a week (closed on federal holidays). For 
information and instructions on each of these processes, please see 
instructions at: https://www.grants.gov/support.

2. Content and Form of Application Submission

    FRA strongly advises applicants to read this section carefully. 
Applicants must submit all required information and components of the 
application package to be considered for funding. Applications that are 
not submitted on time or do not contain all required documentation will 
not be considered for funding. To support the application, applicants 
may provide additional relevant and available optional supporting 
documentation that may have been developed by the applicant, especially 
such documentation that provides evidence of completion of the 
appropriate Lifecycle Stage(s) of a Capital Project. Additionally, 
applicants selected to receive funding must satisfy the requirements in 
49 U.S.C. 22903 and 22905, including FRA's Buy America requirement and 
conditions explained in part at https://www.fra.dot.gov/page/P0185 and 
further in section F.2 of this notice.
    Required documents and information for an application package 
include the following:

------------------------------------------------------------------------
          Application information             NOFO section for guidance
------------------------------------------------------------------------
Project Narrative..........................  See D.2.a.
Statement of Work (SOW), project budget,     See D.2.b.i.
 estimated project schedule, and
 performance measures.
Environmental Compliance Documentation.....  See D.2.b.ii.
Draft Agreement required under 49 U.S.C      See D.2.b.iii.
 22905(c)(1), if applicable.
SF 424--Application for Federal Assistance   See D.2.b.iv.
 \8\.
SF 424A--Budget Information for Non-         See D.2.b.v.
 Construction or SF 424C--Budget
 Information for Construction.
SF 424B--Assurances for Non-Construction or  See D.2.b.vi.
 SF 424D--Assurances for Construction.
FRA's F 30--Certifications Regarding         See D.2.b.vii.
 Debarment, Suspension and Other
 Responsibility Matters, Drug-Free
 Workplace Requirements and Lobbying.
FRA F 251--Applicant Financial Capability    See D.2.b.viii.
 Questionnaire.
SF LLL--Disclosure of Lobbying Activities,   See D.2.b.ix.
 if applicable.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
I. Cover Page..............................  See D.2.a.i.
II. Project Summary........................  See D.2.a.ii.
III. Grant Funds, Sources and Uses of        See D.2.a.iii.
 Project Funds.
IV. Applicant Eligibility Criteria.........  See D.2.a.iv.
V. Project Eligibility Criteria............  See D.2.a.v.
VI. Detailed Project Description...........  See D.2.a.vi.
VII. Highway-Rail Grade Crossing Safety      See D.2.a.vii.
 Information and Education Programs.
VIII. Project Location.....................  See D.2.a.viii.
IX. Grade Crossing Information.............  See D.2.a.ix.
X. Safety Benefit..........................  See D.2.a.x.
XI. Evaluation and Selection Criteria......  See D.2.a.xi.
XII. Project Implementation and Management.  See D.2.a.xii.
------------------------------------------------------------------------


[[Page 56795]]

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Project Title..............................
Applicant Name.............................
------------------------------------------------------------------------
                                 FUNDING
------------------------------------------------------------------------
Amount of RCE Program Funding Requested      $:
 under this NOFO.
Amount of Proposed Non-Federal Match.......  $:
Does some or all of the proposed Non-        If yes, how much?
 Federal Match for the total project cost
 consist of Preliminary Engineering costs
 incurred before project selection (but
 after November 15, 2021)?
Other Sources of Federal funding, if         Provide funding source and
 applicable.                                  amount $:
Source(s) of Proposed Non-Federal Match....
If applicable, are set-aside funds           Yes/No. If yes, please
 requested? Is the project eligible for a     specify which one
 funding set-aside in Section B.1?            [Planning Projects, Safety
                                              Information and Education
                                              Program, Rural or Tribal
                                              Set-Aside].
If ``Yes,'' amount of set-aside funds        $:
 requested:.
Total Project Cost.........................  $:
------------------------------------------------------------------------
                         PREVIOUS FEDERAL GRANTS
------------------------------------------------------------------------
Was a Federal Grant Application Previously   Yes/No. If yes, please
 Submitted for this Project?.                 specify the program,
                                              funding year and project
                                              title of the previous
                                              application, and identify
                                              any differences between
                                              the applications.
------------------------------------------------------------------------
                                LOCATION
------------------------------------------------------------------------
City(ies), County(ies), State(s) Where the
 Project is Located.
Is the Project Located in a Rural Area or    Yes/No.
 on Tribal Lands?.
If the Project is located in a Rural Area    Yes/No.
 or Tribal Land, is the Project Located in
 a county with 20 or fewer residents per
 square mile, according to the most recent
 decennial census?
Congressional District(s) Where the Project
 is Located.
------------------------------------------------------------------------
               APPLICATION TRACKS/PROJECT LIFECYCLE STAGES
------------------------------------------------------------------------
Application Track(s) proposed to be funded
 by this NOFO?
Lifecyle Stage(s) proposed to be funded by
 this NOFO?
Current Lifecycle Stage and Anticipated
 completion of current Lifecycle Stage?
------------------------------------------------------------------------
                          RAIL LINE INFORMATION
------------------------------------------------------------------------
Is the Project located on real property      Yes/No. If yes, list real
 owned by someone other than the applicant?.  property owners and the
                                              nature of the property
                                              interest.
Host Railroad/Infrastructure Owner(s) of
 Project Assets;
Other impacted Railroad(s).................
Tenant Railroad(s), if applicable..........
If applicable, is a 49 U.S.C. 22905-         Yes/No/Pending.
 compliant Railroad Agreement executed or
 pending?.
------------------------------------------------------------------------
                         PLANNING CONSIDERATIONS
------------------------------------------------------------------------
Is the project currently programmed in ANY   Yes/No. If yes, please
 medium- or long-range planning document:     specify.
 For example, State rail plan, or
 interregional intercity passenger rail
 systems planning study, State Freight
 Plan, TIP, STIP, MPO Long Range
 Transportation Plan, State Long Range
 Transportation Plan, etc.?
Is the project located on a potential        Yes/No. If yes, please
 corridor selected for the Corridor           specify the corridor(s).
 Identification and Development Program?
 \9\
------------------------------------------------------------------------

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

    \9\ For more information about selected Corridors under the 
Corridor Identification Program, please visit: https://railroads.dot.gov/elibrary/fy22-CID-program-selections.
---------------------------------------------------------------------------

    iii. Grant Funds, Sources and Uses of Project Funds: Project 
budgets should show how different funding sources will fund project 
activities and present the data in dollars and percentages. The budget 
should identify other federal funds the applicant is applying for or 
has been awarded, if any, or intends to use. Funding sources should be 
grouped into three categories: RCE request, non-federal, and other 
federal with specific amounts for each funding source. If other federal 
funding is proposed as match, demonstrate the applicant's determination 
of eligibility for such use,

[[Page 56796]]

and the legal basis for that determination. If federal funding for the 
project is currently or has previously been sought, identify the 
federal program and fiscal year of the funding request(s), as well as 
highlight new or revised information in the application responsive to 
this NOFO that differs from the application(s) to other financial 
assistance programs.
    As shown in the table format below, the applicant should indicate 
the amount in dollars and percentages of RCE Program funding requested, 
the amount of non-federal match, source(s) for all non-federal 
match,\10\ other federal funds (if applicable), and the total project 
cost. FRA may not award more funding for a project than is requested in 
an application.
---------------------------------------------------------------------------

    \10\ Applicants should submit evidence of the availability of 
non-Federal funds, which may include a board resolution, letter of 
support from the State, a budget document highlighting the line item 
or section committing funds to the proposed project. The applicant 
may provide this documentation in an appendix. Documentation of 
previous and recent local investments in the project may evidence of 
local financial commitment project, but cannot be used to satisfy 
non-Federal matching requirements. Any funding commitment letters 
must be signed by an authorized representative of the entity 
providing a non-Federal match.
---------------------------------------------------------------------------

    The applicant should itemize funding by project Lifecycle Stage(s) 
and by project activity. For a Major Project, applicants are encouraged 
to provide an annualized budget in year of expenditure dollars. Project 
budget information must be consistent throughout all application 
materials, specifically the Standard Form (SF) 424, Project Narrative, 
Statement of Work, and funding commitment letters.\11\ The project 
budget should be specific to the project scope described in the 
applicant's request for funding under this NOFO. If the project 
proposed to be funded under this NOFO is part of a larger scope, the 
applicant may reference the larger scope in the Project Narrative but 
should only include the project scope proposed to be funded under this 
NOFO within the budget table.
---------------------------------------------------------------------------

    \11\ If there is a discrepancy between materials, FRA will defer 
to the funding amounts shown in the applicant's SF 424 as the amount 
requested for funding.
---------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
                                                                                                     Source of
                                           Task name                               Percentage of     funds and
               Task No.                     project               Cost              total cost     citation, as
                                           component                                                applicable
----------------------------------------------------------------------------------------------------------------
1.....................................
2.....................................
-------------------------------------------------------
Total Project Cost....................................
Federal Funding Requested in this Application (RCE
 Program Request).
Total Non-Federal Match...............................
Non-Federal Funding (State)...........................  Cash:
                                                        In-Kind:
Non-Federal Funding (Private Sector)..................  Cash:
                                                        In-Kind:
Non-Federal Federal Funding (Local)...................  Cash:
                                                        In-Kind:
Other Committed Federal Funding \12\ (e.g., Federal
 Highway Administration, congressionally directed/
 earmark, other FRA grant program funds--including
 previous RCE grants, etc.).
Note: If there are multiple sources of other federal
 funding, please break funding down by each source.
Other Pending Federal Funding Requests \13\...........
Amount (if any) of funding request eligible for set-
 aside funds as described in section B(1) (Planning,
 Rural/Tribal set-aside, or Highway-Rail Grade
 Crossing safety information and education programs).
Portion of Total Project Costs Spent in a Rural Area,
 if applicable.
Does some or all the proposed Non-Federal Match for     If yes, how much?
 the total project cost consist of Preliminary
 Engineering costs incurred before project selection
 (but after November 15, 2021)? \14\.
----------------------------------------------------------------------------------------------------------------

    iv. Applicant Eligibility Criteria: In this section, the applicant 
must explain how it meets the applicant eligibility criteria outlined 
in section C of this NOFO and include citations to appropriate 
authorities that demonstrate the applicant's eligibility to receive 
federal funds. For example, if the applicant is a political subdivision 
of a State, public agency or publicly chartered authority established 
by one or more States, the applicant should provide relevant 
legislative language, including citations to the applicable enabling 
legislation, that demonstrate the applicant's legal status. Applicants 
that fail to adequately demonstrate their

[[Page 56797]]

legal status may be found ineligible and their application will not be 
reviewed.
---------------------------------------------------------------------------

    \12\ For other Federal funding sources proposed as match, the 
applicant should explain why the Federal funds are eligible as match 
and the legal basis for that determination.
    \13\ For other Federal funds that will be used for the project, 
the applicant should identify the Federal program and fiscal year of 
the funding request(s), as well as highlight new or revised 
information in the application responsive to this NOFO that differs 
from the application(s) to other financial assistance programs.
    \14\ If seeking to use Preliminary Engineering costs as match 
for a Highway-Rail and Pathway-Rail Grade Crossing Improvement 
Project or trespassing prevention projects, please identify the 
costs incurred before project selection (but after November 15, 
2021).
---------------------------------------------------------------------------

    v. Project Eligibility Criteria: Explain how the proposed project 
meets the project eligibility criteria in section C(3) of this NOFO.
    vi. Detailed Project Description: In this section, the applicant 
must provide a detailed project description that expands upon the brief 
project summary. This detailed description should provide, at a 
minimum: additional background on the challenges the project aims to 
address; a summary of current and proposed railroad operations in the 
project area and service frequency, which should include identification 
of all railroad owners and operators; typical daily, weekly, or annual 
train counts by operator; the primary expected project outcomes such as 
increased safety outcomes or reduced delays, improved rail network 
asset condition and performance, or similar outcomes and benefits; the 
expected users and beneficiaries of the project, including all railroad 
operators; the specific components and elements of the project; and any 
other information the applicant deems necessary to justify the proposed 
project. Applicants should specify whether the project will result in 
the elimination of one or more grade crossings. Provide detailed 
descriptions on the proposed improvement to each grade crossing 
included in the application. For all projects, applicants must provide 
information about proposed performance measures, as described in 
section F(3) and required in 2 CFR 200.301.
    vii. Highway-Rail Grade Crossing Safety Information and Education 
Programs: For these projects, specify how the program will enhance 
education and informational outreach to help prevent and reduce 
pedestrian, motor vehicle and other accidents, incidents, injuries, and 
facilities, and how the program will help improve awareness along 
railroad rights-of-way and at Highway-Rail Grade Crossings. FRA expects 
that activities to promote further awareness of grade crossing safety 
will be based on existing best practices and such efforts will be 
implemented in a comprehensive manner through coordination with 
relevant stakeholders.
    viii. Project Location: Applicants must include geospatial data for 
the project, as well as a map of the project's location. Geospatial 
data must be expressed in decimal degrees for latitude and longitude 
with at least five decimal places of precision. If the project includes 
a length of track or corridor development, the start and end 
coordinates for each corridor or segment must be provided. Milepost, 
railroad, and subdivision identifiers can also be provided but must be 
accompanied by corresponding latitudes and longitudes. For projects 
with multiple locations, the corresponding geospatial data must be 
included for each location, with individual columns for latitude and 
longitude, in table form as an attachment to the application. On the 
map, include the Congressional districts in which the project will take 
place.
    ix. Grade Crossing Information: Cite specific US DOT National Grade 
Crossing Inventory information for each grade crossing to be addressed 
in the proposed application, including the US DOT grade crossing 
inventory number. Include latitude and longitude coordinates for each 
grade crossing location, the railroad that owns the infrastructure (or 
the crossing owner, if different from the railroad), the primary 
railroad operator, and the roadway at the crossing. To find US DOT 
grade crossing inventory number(s) and location(s), please visit: 
https://railroads.dot.gov/safety-data/fra-safety-data-reporting/crossing-inventory-data-search. For projects involving Pathway-Rail 
Grade Crossings that do not have US DOT grade crossing inventory 
numbers or data, please provide as much locational data as possible.
    List the following details for each grade crossing involved in the 
application scope of work, either in the following table format within 
the Project Narrative or, if more space is needed, in a separate, 
unlocked Excel file attachment (the table will not count against the 
25-page Project Narrative page limit). Please include, to the best of 
the applicant's ability, specific US DOT National Grade Crossing 
Inventory information that may combine information requested under both 
this section and E.2.a.viii ``Grade Crossing Information,'' including:
    a. US DOT grade crossing inventory number;
    b. The proposed improvement requested in the application, using 
``new, separated, closed, or improved'' to describe proposed 
improvement (such as gate additions, lights, etc.);
    c. The primary railroad operator;
    d. The railroad that owns the infrastructure (or the crossing 
owner, if different from the railroad); and
    e. The roadway at the crossing with location latitude and longitude 
coordinates.
    Example Table 1. In Project Narrative or attached as an appendix in 
unlocked Excel file format:

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

    x. Safety Benefit Data: Applicants are strongly encouraged to 
submit safety justifications for the project that rely on standardized, 
objective safety metrics and data, if available, including data from 
sources such as: GradeDec.Net; National Risk Index; 49 CFR part 234; 
safety metrics found in Appendix D of 49 CFR part 222; the FRA crossing 
incident dashboard (FRA Safety Data & Reporting [verbar] FRA 
(dot.gov)); or other relevant safety data or metrics. FRA will analyze 
data for each grade crossing, including information and data detailing 
the history of each crossing's incident history for the past five 
calendar years (2019-2023), to demonstrate the existing level of risk 
for each grade crossing proposed for improvement, as well as other 
tools and measures to better inform selection evaluation.\15\
---------------------------------------------------------------------------

    \15\ Applicants can review the history of highway-rail crossing 
incidents relevant to their project on FRA's public safety website: 
https://safetydata.fra.dot.gov/OfficeofSafety/publicsite/crossing/crossing.aspx or https://data.transportation.gov/dataset/Highway-Rail-Grade-Crossing-Accident-Data-Form-57-/aeeh-bp8c/explore.
---------------------------------------------------------------------------

    viii. Evaluation and Selection Criteria: The applicant must include 
a thorough discussion of how the proposed project meets the evaluation 
and selection criteria. As described in section E, FRA will evaluate 
applications based on project readiness, technical merit, and project 
benefits, and will consider how the applicant's project aligns with the

[[Page 56798]]

Administration Priorities. If an application does not sufficiently 
address the evaluation criteria and the selection criteria, it is 
unlikely to be a competitive application. Applicants are expected to 
follow the directions and format requested in this NOFO, and adherence 
to these directions will be considered in evaluations. Applicants are 
encouraged to include quantifiable railroad data, such as information 
on delay, failure or safety incidents, daily train movement, or similar 
metrics, and should include qualitative data on accessibility 
improvements to either new or existing assets. To the extent feasible, 
such railroad metrics should be provided and analyzed discretely for 
intercity passenger rail and, if applicable, Commuter Rail Passenger 
Transportation and freight rail transportation services involved in the 
proposed project. For more information on performance metrics see FRA's 
Metrics and Minimum Standards for Intercity Passenger Rail Service, 
available at: https://railroads.dot.gov/elibrary/metrics-and-standards-final-rule-november-16-2020.
    xiii. Project Implementation and Management: Applicants must 
describe proposed project implementation and project management 
arrangements. Include descriptions of the expected arrangements for 
project contracting (construction, maintenance, and operation), 
contract oversight and control, change-order management, risk 
management, and conformance to federal requirements for project 
progress reporting (see FRA Reports, available at: https://www.fra.dot.gov/Page/P0274). Further, applicants must provide their 
plan for taking affirmative steps to employ small businesses consistent 
with 2 CFR 200.321. Describe experience in managing and overseeing 
similar projects; the technical qualifications and demonstrated 
experience of key personnel proposed to lead and perform the technical 
efforts; and the qualifications of the primary and supporting 
organizations to fully and successfully execute the proposed project 
within the proposed timeframe and budget, including a discussion of the 
factors in 2 CFR 200.206(b) and the proposed approach to assessing and 
mitigating project risk.
b. Additional Application Elements
    Applicants must submit the following documents and forms. Note, the 
Standard OMB Forms needed for the electronic application process are 
available at: www.Grants.gov.
    i. A Statement of Work (SOW), addressing the scope, project budget, 
estimated project schedule, and performance measures, for the proposed 
project if it were selected for award. The applicant should include 
sufficient detail in those documents so that FRA can understand the 
expected outcomes of the proposed work to be performed and can monitor 
progress toward completing project tasks and deliverables during a 
prospective grant's period of performance. Applicants are expected to 
include Articles 4-7 of Attachment 2: Project Specific Terms and 
Conditions, at a minimum.\16\ Applications that do not follow this 
format may be considered incomplete and may not be reviewed. In 
addition, FRA encourages applicants submitting planning projects to 
look at the planning-specific Statement of Work template available 
here: https://railroads.dot.gov/elibrary/RCE-Grant-Project-Planning-SOW-sample.
---------------------------------------------------------------------------

    \16\ https://railroads.dot.gov/grants-loans/fra-discretionary-grant-agreements.
---------------------------------------------------------------------------

    When preparing the budget, the total cost of a project must be 
based on the best available information as indicated in cited 
references that include engineering studies, economic feasibility 
studies, environmental analyses, and information on the expected use of 
equipment or facilities. Applicants must include annual budget 
estimates in year of expenditure dollars for the duration of the 
project.
    ii. Environmental compliance documentation, as applicable, if a 
website link to such documentation is not provided in the Project 
Narrative.
    Applicants should explain what Federal (and, if appropriate, State, 
Tribal, and local) environmental compliance and permitting requirements 
have been completed. Such requirements include NEPA and other Federal, 
State, Tribal, and local environmental permitting requirements, if 
applicable. For all other Federal, State, Tribal, and local permitting 
requirements, the applicant should describe which permits apply, the 
status of those reviews, and the expected timeline for completion. If 
the NEPA process is complete, an applicant should indicate the date of 
completion, and provide a website link or other reference to the 
documents demonstrating compliance with NEPA, which might include a 
final Categorical Exclusion determination documentation, Finding of No 
Significant Impact, or Record of Decision. If the NEPA process is not 
yet underway, the application should state this. If the NEPA process is 
underway, but not complete, the application should detail the type of 
NEPA review underway, where the project is in the process, and indicate 
the anticipated date of completion of all NEPA and other environmental 
requirements. Additional information regarding FRA's environmental 
processes and requirements is located at https://fra.dot.gov/environment.
    iii. Draft or finalized agreement required under 49 U.S.C. 
22905(c)(1), if applicable. Provide information about the status of 
agreements with infrastructure owners. FRA encourages early cooperation 
between applicants and any relevant infrastructure owners. Under 
section 22905(c)(1), a grant applicant must have entered into a written 
agreement with a railroad that owns rights-of-way to be used by the 
project (referred to as the 22905 Agreement) prior to grant obligation. 
If the agreement is complete at the time of the application, an 
applicant should indicate the agreement's effective date, and provide a 
website link or attach the agreement as part of the application. 
Applicants are also encouraged to provide draft agreements. The written 
agreement between the grantee and the railroad should describe use and 
ownership, including any compensation for such use; assurances 
regarding the adequacy of infrastructure capacity to accommodate both 
existing and future freight and passenger operations; an assurance by 
the railroad that collective bargaining agreements with the railroad's 
employees including terms regulating the contracting of work will 
remain in full force and effect according to their terms for work 
performed by the railroad on the railroad transportation corridor; and 
an assurance that the grantee complies with liability requirements 
consistent with 49 U.S.C. 28103. For additional guidance see the FRA 
Answers to Frequently Asked Questions about Rail Improvement Grant 
Conditions under 49 U.S.C. 22905(c)(1): https://railroads.dot.gov/elibrary/frequently-asked-questions-about-rail-improvement-grant-conditions-under-49-usc-ss-22905c1.
    iv. SF 424--Application for Federal Assistance.
    v. SF 424A--Budget Information for Non-Construction or SF 424C--
Budget Information for Construction.
    vi. SF 424B--Assurances for Non-Construction or SF 424D--Assurances 
for Construction.
    vii. FRA F30--Certification Regarding Debarment, Suspension and 
Other Responsibility Matters, Drug-Free Workplace Requirements and 
Lobbying, located at https://railroads.dot.gov/elibrary/fra-f-30-certifications-regarding-debarment-suspension-and-other-responsibility-matters.

[[Page 56799]]

    viii. FRA F 251--Applicant Financial Capability Questionnaire, 
located at https://railroads.dot.gov/elibrary/fra-f-251.
    ix. SF LLL--Disclosure of Lobbying Activities.
    Forms needed for the electronic application process are at 
www.Grants.gov.
c. Post-Selection Requirements
    See section F(2) of this notice for post-selection requirements.

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

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

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 11:59 p.m. EST, September 23, 2024. Applicants will receive 
a system-generated acknowledgement of receipt. FRA reviews 
www.Grants.gov information on dates/times of applications submitted to 
determine timeliness of submissions. Late applications will be neither 
reviewed nor considered, no exceptions. To apply for funding under this 
announcement, all applicants are required to be registered as an 
organization with Grants.gov. Applicants are strongly encouraged to 
apply early to ensure all materials are received before this deadline.
    To ensure fair competition for limited discretionary funds, no late 
submissions will be reviewed for any reason, including: (1) failure to 
complete the Grants.gov registration process before the deadline; (2) 
failure to follow Grants.gov instructions on how to register and apply 
as posted on its website; (3) failure to follow all the instructions in 
this NOFO; and (4) technical issues experienced with the applicant's 
computer or information technology environment.

5. Intergovernmental Review

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

6. Funding Restrictions

    Consistent with 2 CFR 200.458, as applicable, FRA will only approve 
pre-award costs if such costs are incurred pursuant to the negotiation 
and in anticipation of the grant agreement and if such costs are 
necessary for efficient and timely performance of the scope of 
work.\17\ Under 2 CFR 200.458, grant recipients must seek written 
approval from FRA for pre-award activities to be

[[Page 56800]]

eligible for reimbursement under the grant. Activities initiated prior 
to the execution of a grant or without FRA's written approval may be 
ineligible for reimbursement or matching contribution. Cost sharing or 
matching may be used only for authorized Federal award purposes.
---------------------------------------------------------------------------

    \17\ For more information on pre-award costs, see FRA Answers to 
Frequently Asked Questions about Pre-Award Authority, available at: 
https://railroads.dot.gov/elibrary/federal-railroad-administration-answers-frequently-asked-questions-about-pre-award.
---------------------------------------------------------------------------

    Applicants may count costs incurred for Preliminary Engineering 
costs on Highway-Rail and Pathway-Rail Grade Crossing Projects as part 
of the total project costs. Consistent with 49 U.S.C. 22909(g), such 
costs are eligible as non-federal share or reimbursement, even if they 
were incurred before project selection for award. Such costs must have 
been incurred no earlier than November 15, 2021, and must be otherwise 
compliant with 2 CFR part 200 and the requirements of this NOFO.

7. Other Submission Requirements

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

E. Application Review Information

1. Criteria

a. Eligibility and Completeness
    FRA will first screen each application for applicant and project 
eligibility (eligibility requirements are outlined in section C of this 
NOFO), completeness (application documentation and submission 
requirements are outlined in section D of this NOFO), and the 20 
percent minimum non-federal match.
b. Evaluation Criteria
    FRA will evaluate all eligible and complete applications using the 
evaluation criteria outlined in this section to determine project 
readiness, technical merit, and project benefits.
    i. Project Readiness:
    In evaluating Project Readiness, FRA will evaluate project and 
applicant risk based on the applicant's preparedness and capacity to 
implement the proposed project, including whether the applicant is 
reasonably equipped to begin the capital or planning project in a 
timely manner to meet its proposed schedule. FRA will evaluate whether 
the applicant is able to meet project milestones and use Federal funds 
efficiently to deliver the proposed project.\18\
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    \18\ Additional information on DOT's Project Readiness checklist 
can be found here: https://www.transportation.gov/grants/dot-navigator/project-readiness-checklist-dot-discretionary-grant-applicants.
---------------------------------------------------------------------------

    FRA will evaluate the application for the degree to which--
    (A) The application demonstrates strong project readiness, 
evidenced by status of required NEPA actions and environmental 
permitting readiness (if applicable);
    (B) The status and timeline of agreements, such as an agreement 
required under 49 U.S.C. 22905(c)(1), necessary for the legal, 
financial, and technical capacity to complete the project as proposed, 
are sufficiently developed;
    (C) The application identifies the appropriate Lifecycle Stage(s) 
for the proposed project, demonstrates that the project has completed 
or will complete any preceding Lifecycle Stage(s), and the project is 
able to complete all requirements of the identified Lifecycle Stage(s); 
and
    (D) Project partner coordination and commitments, including letters 
of support, agreements, and funding, are secured or able to be secured 
without undue delay.
    ii. Technical Merit:
    In evaluating Technical Merit, FRA will evaluate the degree to 
which the application, statement of work, schedule and budget are 
reasonable and appropriate to achieve the expected outcomes, commitment 
of necessary resources and workforce to deliver the project, and the 
proposed project elements are appropriate for the project funding 
request. FRA will also consider applicant risk, including the 
applicant's past performance in developing and delivering similar 
projects.
    FRA will evaluate application information for the degree to which--
    (A) The tasks and subtasks outlined in the SOW, project budget, and 
estimated project schedule are appropriate to achieve the expected 
outcomes of the proposed project;
    (B) The technical qualifications and experience of key personnel 
the applicant proposes to lead and perform the technical efforts, 
including the qualifications of the primary and supporting 
organizations, demonstrates the ability to fully and successfully 
execute the proposed project within the proposed time frame and budget;
    (C) The project is identified in the freight investment plan 
component of a state freight plan, a state rail plan, a state highway-
rail grade crossing action plan, a state freight plan, or other 
equivalent document;
    (D) The project will use innovative technologies, innovative design 
and construction techniques, or construction materials that reduce 
greenhouse gas emissions;
    (E) The project will use financial support from impacted rail 
carriers; and
    (F) The project will improve the mobility of multiple modes of 
transportation, including ingress and egress from freight facilities, 
or users of nonvehicular modes of transportation such as pedestrians, 
bicycles, and public transportation.
    iii. Project Benefits:
    FRA will evaluate application information for the extent to which 
the proposed project--
    (A) Improves safety at Highway-Rail or Pathway-Rail Grade 
Crossings;
    (B) Proposes to grade separate, eliminate, or close one or more 
Highway-Rail or Pathway-Rail Grade Crossings;
    (C) Improves the mobility of both people and goods;
    (D) Reduces emissions, protects the environment, and provides 
community benefit (including noise reduction);
    (E) Improves access to emergency services;
    (F) Improves access to communities;
    (G) Provides economic benefit; and
    (H) Uses contracting incentives to employ local labor, to the 
extent permissible under federal law.
    For each evaluation criterion--Project Readiness, Technical Merit, 
and Project Benefits--FRA will evaluate whether the application 
demonstrates level of risk or responsiveness, as applicable, as 
described in the rubrics below.
    For each merit criterion, FRA will use rubric ratings with applied 
criteria to evaluate whether the applications meet the defined 
thresholds:
Merit Criteria Ratings--Project Readiness
    For the Project Readiness Criteria described in section E(B)(i), 
FRA will evaluate the application's responsiveness to the criteria, 
including an assessment of supporting justifications, and assign a 
cumulative Project Readiness risk rating.

[[Page 56801]]



----------------------------------------------------------------------------------------------------------------
             Unacceptable                     High risk               Medium risk                Low risk
----------------------------------------------------------------------------------------------------------------
Application provides limited or no     Application provides     Application provides     Application provides
 information necessary to assess the    insufficient             sufficient information   thorough and complete
 project readiness criteria;            information to assess    to assess the project    information and
 application does not demonstrate       the project readiness    readiness criteria;      evidence to assess the
 support, progress, or completion of    criteria; application    demonstrates support,    project readiness
 required Lifecycle Stage(s) pre-       does not demonstrate     progress, or             criteria, and
 requisites; or application contains    sufficient support,      completion on one or     demonstrates strong
 one or more significant barriers       progress, or             more required            support, progress, or
 that would prevent project delivery.   completion of required   Lifecycle Stage(s) pre-  completion on required
                                        Lifecycle Stage(s) pre-  requisites, but          Lifecycle Stage(s) pre-
                                        requisites but           indicates some risk to   requisites, and
                                        indicates risk to        advancing the project    indicates minimal risk
                                        advancing the project    in a timely manner;      to advancing the
                                        without foreseeable      and the application      project in a timely
                                        delays; or application   does not contain a       manner; and
                                        contains a barrier       barrier that would       application does not
                                        that would likely        likely prevent project   contain a barrier that
                                        prevent project          delivery in any of       would likely prevent
                                        delivery in any of       these areas.             project delivery in
                                        these areas.                                      any of these areas.
----------------------------------------------------------------------------------------------------------------

Merit Criteria Ratings--Technical Merit
    For the Technical Merit Criteria described in section E(B)(ii), FRA 
will evaluate the application's responsiveness to the criteria, 
including an assessment of supporting justifications, and assign a 
cumulative technical merit rating.

----------------------------------------------------------------------------------------------------------------
             Unacceptable                     Acceptable               Responsive           Highly responsive
----------------------------------------------------------------------------------------------------------------
Application provides limited or no     Application contains     Application provides     Application provides
 information necessary to assess the    insufficient             sufficient information   thorough and complete
 technical merit criteria, or           information to assess    and evidence to assess   information and
 application demonstrates one or more   one or more of the       the technical merit      evidence to assess the
 significant technical challenges       technical merit          criteria and             technical merit
 that would prevent the applicant       criteria, or             demonstrates that the    criteria, and
 from delivering the project.           application              applicant can deliver    sufficiently
                                        demonstrates technical   the project with         demonstrates that the
                                        challenges that could    minimal technical        project can be
                                        affect project           challenges.              successfully delivered
                                        delivery, but not                                 by the applicant.
                                        prevent the applicant
                                        from delivering the
                                        project.
----------------------------------------------------------------------------------------------------------------

Merit Criteria Ratings--Project Benefits
    For the Project Benefits Criteria described in section E(B)(iii), 
FRA will evaluate the application's responsiveness to the criteria, 
including an assessment of supporting justifications, and assign a 
cumulative Project Benefits rating.

----------------------------------------------------------------------------------------------------------------
             Unacceptable                     Acceptable               Responsive           Highly responsive
----------------------------------------------------------------------------------------------------------------
Application provides insufficient      The application          Application provides     Application provides
 information necessary to assess the    contains limited         sufficient information   thorough and complete
 project benefits criteria, and does    information to assess    to assess the project    information and
 not demonstrate that the project       the project benefits     benefits criteria, and   evidence to assess the
 will achieve its intended benefits.    criteria; or the         adequately               project benefits
                                        project is not likely    demonstrates that the    criteria, and
                                        to achieve all of its    project will likely      sufficiently
                                        intended benefits.       achieve its intended     demonstrates that the
                                                                 benefits.                project will achieve
                                                                                          its intended benefits.
----------------------------------------------------------------------------------------------------------------

    In addition to the ratings described above, FRA will also apply the 
selection preferences described in section E(C)(i) and consider the 
Administration Priorities described in section E(2)(c)(ii).
c. Selection Criteria
    After completing the merit review, FRA will apply the selection 
criteria and consider the Administration Priorities in this section.
i. FRA will give preference to eligible projects that--
    (A) result in one or more grade separated crossings;
    (B) close grade crossings through Track Relocation; or
    (C) result in corridor-wide grade crossing improvements.\19\
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    \19\ FRA considers corridor-wide grade crossing improvements to 
be projects that directly improve a series of linked, consecutive 
grade crossings.
---------------------------------------------------------------------------

    ii. Administration Priorities
    FRA will consider how projects address the following key 
Administration Priorities:
    Safety: FRA will assess the project's ability to foster a safe 
transportation system for the movement of goods and people, consistent 
with DOT's strategic goal to reduce transportation-related fatalities 
and serious injuries across the transportation system. Such 
considerations will include, but are not limited to, the extent to 
which the project improves and upgrades infrastructure to achieve a 
higher level of safety, reduces incidences of rail-related trespassing, 
upgrades infrastructure to achieve a higher level of safety, and uses 
an appropriately trained workforce. Overall, FRA expects that projects 
will provide positive safety benefits for all users and not negatively 
impact safety for all users.
    Climate Change and Sustainability: FRA will assess the project's 
ability to reduce the harmful effects of climate change and anticipate 
necessary improvements to prepare for extreme weather events. Such 
considerations may include, but are not limited to, the extent to which 
the project reduces emissions, promotes energy efficiency, increases 
resiliency, incorporates evidence-based climate resilience measures or 
features, and avoids adverse environmental impacts to air or

[[Page 56802]]

water quality, wetlands, and endangered species.
    Applicants are encouraged to use the DOT Navigator Climate 
checklist in responding to this criterion. Applications that are rated 
highly on this criterion will be those that use data-driven and 
evidence-based methods to demonstrate that the project will:
     Significantly reduce GHG emissions in the transportation 
sector; and
     Incorporate evidence-based climate resilience measures or 
features.
    Equity and Justice40: FRA will assess elements including how the 
project will create positive outcomes that will reduce, mitigate, or 
reverse how a community is experiencing disadvantage through increasing 
affordable transportation options, improving health or safety, reducing 
pollution, connecting Americans to good-paying jobs, fighting climate 
change, and/or improving access to nature, resources, transportation or 
mobility, and quality of life. FRA will consider the benefits and 
potential burdens a project may create, who would experience them and 
how the benefits and potential burdens will impact disadvantaged 
communities.
    Applicants are strongly encouraged to use the FRA's Justice40 Rail 
Explorer Tool (https://usdot.maps.arcgis.com/apps/webappviewer/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.
    Applicants are also encouraged to use Climate & Economic Justice 
Screening Tool (CEJST), a new tool by the White House Council on 
Environmental Quality (CEQ), that aims to help Federal agencies 
identify disadvantaged communities as part of the Justice40 initiative 
to accomplish the goal that 40% of benefits from certain federal 
investment reach disadvantaged communities. Applicants should use CEJST 
to identify disadvantaged communities (Justice40 communities). 
Applicants are encouraged to use the USDOT Equitable Transportation 
Community (ETC) Explorer to understand how their community or project 
area is experiencing disadvantage related to lack of transportation 
investments or opportunities. Through understanding how a community or 
project area is experiencing transportation-related disadvantage, 
applicants are able to address how the benefits of a project will 
reverse or mitigate the burdens of disadvantage and demonstrate how the 
project will address challenges and accrued benefits.
    Workforce Development, Job Quality, and Wealth Creation: FRA will 
assess how the project will create good-paying, safe jobs with free and 
fair choice to join a union including through the use of a project 
labor agreement, promote investments in high-quality workforce 
development programs, adopt local and economic hiring preferences for 
the project workforce, and promote local inclusive economic and 
entrepreneurship programs.
    For Administration Priorities, FRA will consider the application's 
responsiveness to the criteria, and will result in a rating of ``Non-
responsive, ``Acceptable,'' ``Responsive,'' or ``Highly Responsive'' as 
described in the rubric below. Applicants do not need to respond to all 
of the Administration Priorities if the criterion is not applicable to 
the proposed project.
Administration Priorities
    For the Administration Priorities Criteria described in section 
E(C)(ii), FRA will consider the application's responsiveness to the 
criteria, including an assessment of supporting justifications.

----------------------------------------------------------------------------------------------------------------
            Non-responsive                    Acceptable               Responsive           Highly responsive
----------------------------------------------------------------------------------------------------------------
Application contains insufficient      Application contains     Application contains     Application contains
 information to assess any of the       limited information      sufficient information   thorough and complete
 Administration Priorities, or          that is supported by     that is adequately       information that is
 project is inconsistent with one or    some evidence, but       supported by both        strongly supported by
 more of the Administration             primarily described      quantitative and         both quantitative and
 Priorities.                            qualitatively, that      qualitative evidence     qualitative evidence
                                        the project is           that the project has     that the project has
                                        consistent with at       clear and direct         clear, direct, and
                                        least one of the         benefits in at least     significant benefits
                                        Administration           one of the               in one or more of the
                                        Priorities.              Administration           Administration
                                                                 Priorities.              Priorities, and is not
                                                                                          inconsistent with any
                                                                                          of the Administration
                                                                                          Priorities.
----------------------------------------------------------------------------------------------------------------

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

[[Page 56803]]



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

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

2. Review and Selection Process

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

3. Reporting Matters Related to Integrity and Performance

    Before making a federal award with a total amount of federal share 
greater than the simplified acquisition threshold per 2 CFR 200.1 and 2 
CFR 200.320, FRA will review and consider any information about the 
applicant that is in the designated integrity and performance system 
accessible through SAM (currently the Federal Awardee Performance and 
Integrity Information System (FAPIIS)). See 41 U.S.C. 2313.
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information, in making a judgment about the applicant's 
integrity, business ethics, and record of performance under federal 
awards when completing the review of risk posed by applicants as 
described in 2 CFR 200.206

F. Federal Award Administration Information 20
---------------------------------------------------------------------------

    \20\ 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 FRA, including an approved 
scope, schedule, and budget, before obligating the grant.

2. Administrative and National Policy Requirements

    In connection with any program or activity conducted with or 
benefiting from funds awarded under this notice, grantees of funds must 
comply with all applicable requirements of federal law, including, 
without limitation, the Constitution of the United States; the relevant 
authorization and appropriations, the conditions of performance, 
nondiscrimination requirements, and other assurances made applicable to 
the award of funds in accordance with regulations of DOT; and 
applicable federal financial assistance and contracting principles 
promulgated by the Office of Management and Budget. In complying with 
these requirements, grantees must ensure that no concession agreements 
are denied, or other contracting decisions made on the basis of speech 
or other activities protected by the First

[[Page 56804]]

Amendment. If DOT determines that a grantee has failed to comply with 
applicable federal requirements, DOT may terminate the award of funds 
and disallow previously incurred costs, requiring the grantee to 
reimburse any expended award funds. The new FRA grant agreement 
consists of three parts: Attachment 1: Standard Terms and Conditions, 
Attachment 2: Project-Specific Terms and Conditions, and Terms and 
Conditions Exhibits.
    Examples of administrative and national policy requirements 
include: 2 CFR part 200; procurement standards at 2 CFR part 200 
subpart D, 2 CFR 1207.317, and 2 CFR 200.401; compliance with federal 
civil rights laws and regulations; disadvantaged business enterprises 
requirements; debarment and suspension requirements; drug-free 
workplace requirements; FRA's and OMB's Assurances and Certifications; 
the Americans with Disabilities Act (ADA); safety requirements; NEPA; 
environmental justice; compliance with 49 U.S.C. 24905(c)(2) for the 
duration of NEC Projects; and 2 CFR 200.315, governing rights to 
intangible property. Projects assisted with funds provided through the 
Maglev Grants Program are subject to 49 U.S.C. 5333(a). Unless 
otherwise stated in statutory or legislative authority, or 
appropriations language, all financial assistance awards follow the 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards at 2 CFR part 200 and 2 CFR part 1201.
    Assistance under this NOFO is subject to the grant conditions in 49 
U.S.C. 22905, including labor protective arrangements that are 
equivalent to the protective arrangements established under section 504 
of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 836) with respect to employees affected by actions taken in 
connection with the project to be financed in whole or in part by 
grants, subject to 49 U.S.C. 22905, the provision deeming operators as 
rail carriers and employers for certain purposes, and grantee 
agreements with railroad right-of-way owners for projects using 
railroad rights-of-way (see section D(2)(a)(viii)(A)(5)).\21\
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    \21\ More information on labor protections can be found here: 
https://railroads.dot.gov/elibrary/equivalent-labor-protections.
---------------------------------------------------------------------------

    Projects selected under this NOFO for commuter rail passenger 
transportation for positive train control projects may be transferred 
to the Federal Transit Administration for grant administration at the 
Secretary's discretion. If such a project is transferred to the Federal 
Transit Administration, applicants will be required to comply with 
chapter 53 of title 49 of the United States Code.
    Projects that have not sufficiently considered climate change and 
environmental justice in their planning, as determined by FRA, will be 
required to do so before receiving funds for construction, consistent 
with core policy goals of assessing these potential impacts. For 
example, see Executive Order 14008, Tackling the Climate Crisis at Home 
and Abroad (86 FR 7619), and Executive Order 14096, Revitalizing Our 
Nation's Commitment to Environmental Justice. In the grant agreement, 
recipients will be expected to describe activities they have taken or 
will take prior to obligation of construction funds to address climate 
change and environmental justice (EJ). (See Article 9 of FRA's 
Attachment 2: Project-Specific Terms and Conditions for a list of 
project activities that address climate change and environmental 
justice priorities, available at: https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.) Activities that 
address climate change include, but are not limited to, demonstrating 
the project: will result in significant greenhouse gas emissions 
reductions; supports emissions reductions goals in a local/regional/
state plan; improves disaster preparedness and resilience; incorporates 
resilience in its design; and primarily focuses on funding for state of 
good repair and clean transportation options, including public 
transportation, walking, biking, and micro-mobility. Activities that 
address environmental justice may include, but are not limited to: 
basing project design on consideration of community impacts; 
information gained from screening tools such as CEJST, EPA's EJ Screen, 
or other appropriate environmental and community impacts tools 
developed by a State agency; connecting transportation disadvantaged 
communities or other communities with environmental justice concerns 
based on information gained from either the screening tools noted above 
or FRA's Justice40 Rail Explorer Tool; conducting enhanced, targeted 
outreach to potentially affected communities, including disadvantaged 
communities; considering environmental justice in alternatives analysis 
and final project design; and supporting a modal shift in freight or 
passenger movement to reduce emissions or reduce induced travel demand.
    Projects must consider and address equity and barriers to 
opportunity in their planning, as determined by FRA, and as a condition 
of receiving construction funds, consistent with Executive Order 13985, 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (86 FR 7009). The grant agreement should include 
the grantee's description of activities it has taken or will take prior 
to obligation of construction funds that address equity and barriers to 
opportunity. These activities may include, but are not limited to: 
completing an equity impact analysis for the project; completing a 
community needs assessment; adopting an equity and inclusion program/
plan; conducting meaningful public engagement to ensure underserved 
communities are provided an opportunity to be involved in the planning 
process in a manner consistent with Title VI of the Civil Rights Act 
(Title VI); including investments that either redress past barriers to 
opportunity or that proactively create new connections and 
opportunities for underserved communities; hiring from local 
communities; improving access to or providing economic growth and 
wealth building opportunities for underserved, overburdened, or rural 
communities; or addressing historic or current inequitable air 
pollution or other environmental, health, or economic burdens and 
impacts. (See Article 10 of FRA's Attachment 2: Project-Specific Terms 
and Conditions for a list of project activities that address efforts to 
improve racial equity and reduce barriers to opportunity, available at: 
https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.) While not a 
selection criterion to the extent the project includes or is part of a 
station area, DOT encourages project sponsors to consider how the 
submitted project could develop or facilitate economic development, 
including commercial and residential development that enhances the 
economic vitality and competitiveness of the surrounding neighborhoods 
and region.
    To the extent that applicants have not sufficiently considered job 
quality and labor rights in their planning, as determined by the 
Department of Labor, applicants will be required to do so before 
receiving funds for construction, consistent with Executive Order 
14025, Worker Organizing and Empowerment (86 FR 22829), and Executive 
Order 14052, Implementation of the Infrastructure Investment and Jobs 
Act (86 FR 64335). Specifically, the project planning activities and 
project delivery actions must support: strong labor

[[Page 56805]]

standards and the free and fair choice to join a union, including 
project labor agreements, local hire agreements, distribution of 
workplace rights notices, and use of an appropriately trained 
workforce; support of high-quality workforce development programs, 
including registered apprenticeship, labor-management training 
programs, and supportive services to help train, place, and retain 
people in good-paying jobs and apprenticeships; and comprehensive 
planning and policies to promote hiring and inclusion for all groups of 
workers, including through the use of local and economic hiring 
preferences, linkage agreements with workforce programs that serve 
underrepresented groups, and proactive plans to prevent harassment. 
(See Article 11 of FRA's Attachment 2: Project-Specific Terms and 
Conditions for a list of project activities that address efforts to 
support good-paying jobs and strong labor standards, available at: 
https://railroads.dot.gov/sites/fra.dot.gov/files/2024-02/Attachment_2_Project_Specific_Terms_12.11.23_PDFa.pdf.)
a. Federal Contract Compliance
    As a condition of grant award and consistent with Executive Order 
11246, Equal Employment Opportunity (30 FR 12319, and as amended), all 
federally assisted contractors are required to make good faith efforts 
to meet the goals of 6.9 percent of construction project hours being 
performed by women, in addition to goals that vary based on geography 
for construction work hours and for work being performed by people of 
color. Under section 503 of the Rehabilitation Act of 1973 and its 
implementing regulations, affirmative action obligations for certain 
contractors include an aspirational employment goal of 7 percent 
workers with disabilities.
    The U.S. Department of Labor's Office of Federal Contract 
Compliance Programs (OFCCP) is charged with enforcing Executive Order 
11246, section 503 of the Rehabilitation Act, and the Vietnam Era 
Veterans' Readjustment Assistance Act of 1974. OFCCP has a Mega 
Construction Project Program through which it engages with project 
sponsors as early as the design phase to help promote compliance with 
non-discrimination and affirmative action obligations. OFCCP will 
identify projects that receive an award under this notice and are 
required to participate in OFCCP's Mega Construction Project Program 
from a wide range of Federally assisted projects over which OFCCP has 
jurisdiction and that have a project cost above $35 million. DOT will 
require project sponsors with costs above $35 million that receive 
awards under this funding opportunity to partner with OFCCP (if 
selected by OFCCP) as a condition of their DOT award.
b. Critical Infrastructure Security, Cybersecurity and Resilience
    It is the policy of the United States to strengthen the security 
and resilience of its critical infrastructure against all hazards, 
including physical and cyber risks, consistent with Presidential Policy 
Directive 21--Critical Infrastructure Security and Resilience, and 
National Security Memorandum (NSM-5) on Improving Cybersecurity for 
Critical Infrastructure Control Systems. Each applicant selected for 
federal funding must demonstrate, prior to signing of the grant 
agreement, efforts to consider and address physical and cyber security 
risks relevant to the transportation mode and type and scale of the 
project. Projects that have not appropriately considered and addressed 
physical and cyber security and resilience in their planning, design, 
and project oversight, as determined by DOT and the Department of 
Homeland Security, will be required to do so before receiving funds.
c. Domestic Preference Requirements
    As expressed in Executive Order 14005, Ensuring the Future Is Made 
in All of America by All of America's Workers (86 FR 7475), the 
executive branch should maximize, consistent with law, the use of 
goods, products, and materials produced in, and services offered in, 
the United States. Funds made available under this notice are subject 
to the domestic preference requirement in 49 U.S.C. 22905(a) (FRA Buy 
America) and the Build America, Buy America Act, Public Law 117-58, 
70901-52. DOT expects all applicants to comply with the applicable 
domestic preference requirements. However, Major Projects applicants 
should include a domestic sourcing plan that provides details on the 
extent to which the materials covered by the plan are to be imported 
and the extent to which such materials can be sourced domestically. 
Applicants should also provide an explanation in the plan of the number 
of domestic jobs--temporary and permanent--that will be generated by 
the project and outline a plan to transition any foreign labor 
responsibilities to domestic jobs. Major Projects applicants may also 
request a waiver from certain Buy America requirements along with the 
domestic sourcing plan.
d. Civil Rights and Title VI
    As a condition of a grant award, grant recipients should 
demonstrate that the recipient has a plan for compliance with civil 
rights obligations and nondiscrimination laws, including Title VI of 
the Civil Rights Act of 1964 and implementing regulations (49 CFR part 
21), the Americans with Disabilities Act of 1990 (ADA), section 504 of 
the Rehabilitation Act, and all other civil rights requirements and 
accompanying regulations. This may include a current Title VI plan, 
completed Community Participation Plan, and a plan to address any 
legacy infrastructure or facilities that are not compliant with ADA 
standards. DOT's and FRA's Offices of Civil Rights may work with 
awarded grant recipients to ensure full compliance with federal civil 
rights requirements.

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring, 
and close out requirements. Reports may be submitted electronically. 
Pursuant to 2 CFR 170.210, non-federal entities applying under this 
NOFO must have the necessary processes and systems in place to comply 
with the reporting requirements should they receive federal funding.
b. Additional Reporting
    Applicants selected for funding are required to comply with all 
reporting requirements in the standard terms and conditions for FRA 
grant awards, including 2 CFR 180.335 and 2 CFR 180.350. If the total 
value of a selected applicant's active grants, cooperative agreements, 
and procurement contracts from all federal awarding agencies exceeds 
$10,000,000 for any period of time during the period of performance of 
this federal award, the applicant during that period of time must 
maintain the information reported to SAM and ensure it is made 
available in the designated integrity and performance system (currently 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)) about civil, criminal, or administrative proceedings 
described in paragraph 2 of this award term and condition. This is a 
statutory requirement under section 872 of Public Law 110-417, as 
amended (41 U.S.C. 2313). As required by section

[[Page 56806]]

3010 of Public Law 111-212, all information posted in the designated 
integrity and performance system on or after April 15, 2011, except 
past performance reviews required for federal procurement contracts, 
will be publicly available.
c. Performance and Program Evaluation
    Recipients and subrecipients are also encouraged to incorporate 
program evaluation, including associated data collection activities 
from the outset of their program design and implementation, to 
meaningfully document and measure their progress towards meeting an 
agency priority goal(s). Title I of the Foundations for Evidence-Based 
Policymaking Act of 2018 (Evidence Act), Public Law 115-435 (2019) 
urges Federal awarding agencies and Federal assistance recipients and 
subrecipients to use program evaluation as a critical tool to learn, 
improve equitable delivery, and elevate program service and delivery 
across the program lifecycle. Evaluation means ``an assessment using 
systematic data collection and analysis of one or more programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency'' (5 U.S.C. 311). Credible program evaluation activities are 
implemented with relevance and utility, rigor, independence and 
objectivity, transparency, and ethics (OMB Circular A-11, Part 6 
Section 290).
    For grant recipients receiving an award, evaluation costs are 
allowable costs (either as direct or indirect), unless prohibited by 
statute or regulation, and such costs may include the personnel and 
equipment needed for data infrastructure and expertise in data 
analysis, performance, and evaluation (2 CFR part 200).
d. Performance Reporting
    Each applicant selected for funding must collect information and 
report on the project's performance using measures mutually agreed upon 
by FRA and the grantee to assess progress in achieving strategic goals 
and objectives. Examples of some rail performance measures for RCE 
funding are listed in the table below. The applicable measure(s) will 
depend upon the type of project.

                                                              Performance Measure Examples
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Primary               Secondary
           Rail measures                  Unit measure              Temporal          administration goal    administration goal        Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reduced Grade Crossing Incidents...  Count.................  Annual................  Safety...............  Equity and Barriers    The number of grade
                                                                                                             to Opportunity.        crossing incidents
                                                                                                                                    at the grade
                                                                                                                                    crossings addressed
                                                                                                                                    by the project.
                                                                                                                                    Comparison of actual
                                                                                                                                    versus baseline and
                                                                                                                                    expected post-
                                                                                                                                    project number of
                                                                                                                                    incidents.
Reduced blocked crossing times.....  Count.................  Annual................  Economic Strength....  Safety...............  Average amount of
                                                                                                                                    time trains blocks
                                                                                                                                    the grade crossings
                                                                                                                                    addressed by the
                                                                                                                                    project. Comparison
                                                                                                                                    of actual
                                                                                                                                    performance versus
                                                                                                                                    baseline and
                                                                                                                                    expected post-
                                                                                                                                    project performance.
Improved emergency vehicle response  Time/Trip.............  Annual................  Safety...............  Equity and Barriers    Measures how
 times due to reduced blocked                                                                                to Opportunity.        improvements impact
 crossings.                                                                                                                         emergency service
                                                                                                                                    vehicle response
                                                                                                                                    operations.
                                                                                                                                    Comparison of actual
                                                                                                                                    performance versus
                                                                                                                                    baseline and
                                                                                                                                    expected post-
                                                                                                                                    performance.
Increased percentage of freight      Percentage............  Annual................  Economic Strength....  Climate Change.......  Increased amount of
 transported by rail from                                                                                                           freight transported
 commercial facility.                                                                                                               compared to the
                                                                                                                                    baseline pre-
                                                                                                                                    project.
Average Daily Minutes of Delay.....  Average daily minutes   Minutes/Day...........  Economic Strength....  Equity and Barriers    Traffic analysis can
                                      of delay experience                                                    to Opportunity.        be performed to
                                      by vehicles.                                                                                  determine the
                                                                                                                                    average daily
                                                                                                                                    minutes of delay
                                                                                                                                    experienced by
                                                                                                                                    vehicles compared to
                                                                                                                                    baseline and
                                                                                                                                    expected post-
                                                                                                                                    project performance.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[[Page 56807]]

G. Federal Awarding Agency Contacts

    For further information concerning this notice, please contact the 
FRA NOFO Support program staff via email at dot.gov">FRA-NOFO-Support@dot.gov. 
If additional assistance is needed, you may contact Ms. Jenny Zeng, 
Transportation Industry Analyst in FRA's Office of Rail Program 
Development, by email: dot.gov">Jenny.Zeng@dot.gov or telephone: 857-330-2481.

H. Other Information

    All information submitted as part of or in support of any 
application must use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If an application includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) note on the front cover that the submission 
``Contains Confidential Business Information (CBI)''; (2) mark each 
affected page ``CBI''; and (3) highlight or otherwise denote the CBI 
portions.
    DOT regulations implementing the Freedom of Information Act (FOIA) 
are found at 49 CFR part 7 subpart C--Availability of Reasonably 
Described Records under the Freedom of Information Act, which sets 
forth rules for FRA to make requested materials, information, and 
records publicly available under FOIA. Unless prohibited by law and to 
the extent permitted under the FOIA, contents of applications and 
proposals submitted by successful applicants may be released in 
response to FOIA requests. DOT may share application information within 
DOT or with other Federal agencies if DOT determines that sharing is 
relevant to the respective program's objectives.

    Issued in Washington, DC.
Jennifer Mitchell,
Deputy Administrator.
[FR Doc. 2024-15061 Filed 7-9-24; 8:45 am]
BILLING CODE 4910-06-P