Notice of Funding Opportunity for Consolidated Rail Infrastructure and Safety Improvements

As Enacted ( Federal Register)

Cited authorities 17

Cited in

Published date	31 August 2021
Citation	86 FR 48798
Record Number	2021-18737
Section	Notices
Court	Federal Railroad Administration,Transportation Department

48798

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

These criteria may be found in Appendix A to

Part 391—Medical Advisory Criteria, section H.

Epilepsy: §391.41(b)(8), paragraphs 3, 4, and 5,

which is available on the internet at https://

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/

CFR-2015-title49-vol5-part391-appA.pdf.

SUMMARY

: FMCSA announces its

decision to renew exemptions for 13

individuals from the requirement in the

Federal Motor Carrier Safety

Regulations (FMCSRs) that interstate

commercial motor vehicle (CMV)

drivers have ‘‘no established medical

history or clinical diagnosis of epilepsy

or any other condition which is likely

to cause loss of consciousness or any

loss of ability to control a CMV.’’ The

exemptions enable these individuals

who have had one or more seizures and

are taking anti-seizure medication to

continue to operate CMVs in interstate

commerce.

DATES

: The exemptions were applicable

on July 12, 2021. The exemptions expire

on July 12, 2023.

FOR FURTHER INFORMATION CONTACT

: Ms.

Christine A. Hydock, Chief, Medical

Programs Division, (202) 366–4001,

fmcsamedical@dot.gov, FMCSA, DOT,

1200 New Jersey Avenue SE, Room

W64–224, Washington, DC 20590–0001.

Office hours are from 8:30 a.m. to 5

p.m., ET, Monday through Friday,

except Federal holidays. If you have

questions regarding viewing or

submitting material to the docket,

contact Dockets Operations, (202) 366–

9826.

SUPPLEMENTARY INFORMATION

I. Public Participation

A. Viewing Comments

To view comments go to

www.regulations.gov. Insert the docket

number, FMCSA–2008–0355, FMCSA–

2011–0089, FMCSA–2014–0381,

FMCSA–2014–0382, FMCSA–2017–

0253, FMCSA–2018–0057, FMCSA–

2019–0028, or FMCSA–2019–0029 in

the keyword box, and click ‘‘Search.’’

Next, sort the results by ‘‘Posted

(Newer-Older),’’ choose the first notice

listed, and click ‘‘Browse Comments.’’ If

you do not have access to the internet,

you may view the docket online by

visiting Dockets Operations in Room

W12–140 on the ground floor of the

DOT West Building, 1200 New Jersey

Avenue SE, Washington, DC 20590–

0001, between 9 a.m. and 5 p.m., ET,

Monday through Friday, except Federal

holidays. To be sure someone is there to

help you, please call (202) 366–9317 or

(202) 366–9826 before visiting Dockets

Operations.

B. Privacy Act

In accordance with 5 U.S.C. 553(c),

DOT solicits comments from the public

to better inform its regulatory process.

DOT posts these comments, without

edit, including any personal information

the commenter provides, to

www.regulations.gov, as described in

the system of records notice (DOT/ALL–

14 FDMS), which can be reviewed at

www.transportation.gov/privacy.

II. Background

On July 15, 2021, FMCSA published

a notice announcing its decision to

renew exemptions for 13 individuals

from the epilepsy and seizure disorders

prohibition in 49 CFR 391.41(b)(8) to

operate a CMV in interstate commerce

and requested comments from the

public (86 FR 37397). The public

comment period ended on August 16,

2021, and no comments were received.

FMCSA has evaluated the eligibility

of these applicants and determined that

renewing these exemptions would

achieve a level of safety equivalent to,

or greater than, the level that would be

achieved by complying with

§ 391.41(b)(8).

The physical qualification standard

for drivers regarding epilepsy found in

§ 391.41(b)(8) states that a person is

physically qualified to drive a CMV if

that person has no established medical

history or clinical diagnosis of epilepsy

or any other condition which is likely

to cause the loss of consciousness or any

loss of ability to control a CMV.

In addition to the regulations, FMCSA

has published advisory criteria

assist medical examiners in determining

whether drivers with certain medical

conditions are qualified to operate a

CMV in interstate commerce.

III. Discussion of Comments

FMCSA received no comments in this

preceding.

IV. Conclusion

Based on its evaluation of the 13

renewal exemption applications,

FMCSA announces its decision to

exempt the following drivers from the

epilepsy and seizure disorders

prohibition in § 391.41(b)(8).

As of July 12, 2021, and in accordance

with 49 U.S.C. 31136(e) and 31315(b),

the following 13 individuals have

satisfied the renewal conditions for

obtaining an exemption from the

epilepsy and seizure disorders

prohibition in the FMCSRs for interstate

CMV drivers (86 FR 37397):

Prince Austin, Jr. (OH)

Darcy Baker (OH)

Gary Bartels (SD)

Frank Cekovic (PA)

Monte DeRocini (PA)

Teddy Dixon (GA)

Jaime Dougherty (MN)

Martin Ford (WI)

David Johnston (HI)

Brent Mapes (IL)

Enrico Mucci (PA)

Charles Skelton (AL)

Kevin Wiggins (KY)

The drivers were included in docket

number FMCSA–2008–0355,

FMCSA–2011–0089, FMCSA–2014–

0381, FMCSA–2014–0382, FMCSA–

2017–0253, FMCSA–2018–0057,

FMCSA–2019–0028, or FMCSA–2019–

0029. Their exemptions were applicable

as of July 12, 2021 and will expire on

July 12, 2023.

In accordance with 49 U.S.C.

31315(b), each exemption will be valid

for 2 years from the effective date unless

revoked earlier by FMCSA. The

exemption will be revoked if the

following occurs: (1) The person fails to

comply with the terms and conditions

of the exemption; (2) the exemption has

resulted in a lower level of safety than

was maintained prior to being granted;

or (3) continuation of the exemption

would not be consistent with the goals

and objectives of 49 U.S.C. 31136(e) and

31315(b).

Larry W. Minor,

Associate Administrator for Policy.

[FR Doc. 2021–18780 Filed 8–30–21; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for

Consolidated Rail Infrastructure and

Safety Improvements

AGENCY

: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION

: Notice of Funding Opportunity

(NOFO or notice).

SUMMARY

: This notice details the

application requirements and

procedures to obtain grant funding for

eligible projects under the Consolidated

Rail Infrastructure and Safety

Improvements (CRISI) Program, and

related Trespass Prevention projects.

The opportunities described in this

notice are made available under

Assistance Listings Number 20.325,

‘‘Consolidated Rail Infrastructure and

Safety Improvements.’’

DATES

: Applications for funding under

this solicitation are due no later than

5:00 p.m. ET, November 29, 2021.

Applications that are incomplete or

received after 5:00 p.m. ET on

November 29, 2021 will not be

considered for funding. See Section D of

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48799

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

this notice for additional information on

the application process.

ADDRESSES

: Applications must be

submitted via www.Grants.gov. Only

applicants who comply with all

submission requirements described in

this notice and submit applications

through www.Grants.gov will be eligible

for award. For any supporting

application materials that an applicant

is unable to submit via www.Grants.gov

(such as oversized engineering

drawings), an applicant may submit an

original and two (2) copies to Mr.

Douglas Gascon, Office of Policy and

Planning, Federal Railroad

Administration, 1200 New Jersey

Avenue SE, Room W38–212,

Washington, DC 20590. However, due to

delays caused by enhanced screening of

mail delivered via the U.S. Postal

Service, applicants are advised to use

other means of conveyance (such as

courier service) to assure timely receipt

of materials before the application

deadline.

FOR FURTHER INFORMATION CONTACT

: For

further project or program-related

information in this notice, please

contact Mr. Douglas Gascon, Office of

Policy and Planning, Federal Railroad

Administration, 1200 New Jersey

Avenue SE, Room W38–212,

Washington, DC 20590; email:

douglas.gascon@dot.gov; phone: 202–

493–0239.

SUPPLEMENTARY INFORMATION

Notice to applicants: FRA

recommends that applicants read this

notice in its entirety prior to preparing

application materials. Definitions of key

terms used throughout the NOFO are

provided in Section A(3) below. These

key terms are capitalized throughout the

NOFO. There are several administrative

prerequisites and specific eligibility

requirements described herein with

which applicants must comply.

Additionally, applicants should note

that the required Project Narrative

component of the application package

may not exceed 25 pages in length.

Table of Contents

A. Program Description

B. Federal Award Information

C. Eligibility Information

D. Application and Submission Information

E. Application Review Information

F. Federal Award Administration

Information

G. Federal Awarding Agency Contacts

H. Other Information

A. Program Description

(A) Overview

Our nation’s rail network is a critical

component of the U.S. transportation

system and economy. Prior to the

coronavirus disease 2019 (COVID–19)

pandemic, rail carried over 32.5 million

passengers on Amtrak services and

approximately 1.6 billion tons of freight

valued at over $600 billion each year.

The CRISI program will enhance rail

safety, help to undo inequities caused

by transportation and land use policies

and create new opportunities for

underserved communities, provide

energy efficient transportation options

to confront the effects of climate change,

invest in projects that spur economic

growth, and ensure our world-class

freight network can meet the mobility

demands of a growing population.

Congress authorized the CRISI grant

program for the Secretary to invest in a

wide range of projects within the United

States to improve railroad safety,

efficiency, and reliability; mitigate

congestion at both intercity passenger

and freight rail chokepoints; enhance

multi-modal connections; and lead to

new or substantially improved Intercity

Passenger Rail Transportation corridors.

Rail safety projects include, but are not

limited to, grade crossing

enhancements, rail line Relocations and

Improvements, and deployment of

railroad safety technology. Eligible

activities also include regional rail and

corridor Planning, environmental

analyses, research, workforce

development, and training. The purpose

of this notice is to solicit applications

for the competitive CRISI Program

provided in Consolidated

Appropriations Act, 2021, Div. L, Tit I,

Public Law 116–260 (2021

Appropriation) and related funding

provided in the Consolidated

Appropriations Act, 2019, Div. G, Tit I,

Public Law 116–6 (2019 Appropriation).

The CRISI Program is authorized

under Section 11301 of the Fixing

America’s Surface Transportation

(FAST) Act, Public Law 114–94 (2015);

49 U.S.C. 22907. Grant funding to help

implement FRA’s National Strategy to

Prevent Trespassing for law

enforcement agencies and for railroad

trespass suicide prevention programs

(Non-CRISI Funding), as provided in the

2021 Appropriation and the 2019

Appropriation, is authorized pursuant

to 49 U.S.C. 103(i) and 49 U.S.C.

20151(b). Unless otherwise stated

herein, to the extent practicable,

applications for the Non-CRISI Funding

will be evaluated consistent with the

selection criteria for a CRISI safety

program under 49 U.S.C. 22907(c)(10).

Consistent with Biden-Harris

Administration priorities, the

Department seeks to fund projects that

address climate change impacts and

environmental justice. Projects should

include components that reduce

emissions, promote energy efficiency,

increase resiliency, and recycle or

redevelop existing infrastructure. This

objective is consistent with Executive

Order 14008, Tackling the Climate

Crisis at Home and Abroad (86 FR

7619). As part of the Department’s

implementation of that Executive Order,

the Department encourages the

submission of applications that would

direct resources and benefits towards

low-income communities,

disadvantaged communities, or

communities underserved by affordable

transportation.

The Department also seeks to

encourage racial equity by investing in

projects that proactively address racial

equity and barriers to opportunity.

Projects should include components

that improve or expand transportation

options, and mitigate the safety risks

and detrimental quality of life effects

that rail lines can have on communities,

particularly low-income areas and

communities of color. This objective

supports the Department’s strategic goal

related to infrastructure, with the

potential for significantly enhancing

environmental stewardship and

community partnerships, and reflects

Executive Order 13985, Advancing

Racial Equity and Support for

Underserved Communities Through the

Federal Government (86 FR 7009).

Section E describes the climate change,

environmental justice, and racial equity

considerations that an applicant can

undertake to address these criteria.

Consistent with the Rural

Opportunities to Use Transportation for

Economic Success (R.O.U.T.E.S.)

initiative, the Department seeks rural

projects that address deteriorating

conditions and disproportionately high

fatality rates on rural transportation

infrastructure. Please visit https://

www.transportation.gov/rural to learn

more about DOT’s efforts to address

disparities in rural infrastructure.

(B) Changes From FY 2020 CRISI NOFO

This notice updates the FY 2020

CRISI NOFO to reflect the Biden-Harris

Administration’s priorities for creating

good-paying jobs, improving safety,

applying transformative technology, and

explicitly addressing climate change

and racial equity as discussed in Section

E(1)(c). This NOFO also incorporates

Non-CRISI Funding.

There are three legislative set-asides

for the CRISI funding under this notice:

(1) Rural Set-Aside—for projects

located in Rural Areas,

(2) Intercity Passenger Rail Set-

Aside—for certain intercity passenger

rail development projects, and

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48800

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

For any project that includes purchasing

Intercity Passenger Rail rolling stock, applicants are

encouraged to use a standardized approach to the

procurement of passenger rail equipment, such as

the specifications developed by the Next Generation

Corridor Equipment Pool Committee or a similar

uniform process.

(3) Capital Improvements for Trespass

Prevention Set-Aside—for trespass

prevention capital projects.

Additionally, FRA is making Non-

CRISI funding available funding for:

(A) Railroad Trespassing

Enforcement—for projects for law

enforcement strategies for reducing

trespassing, and

(B) Railroad Trespassing Suicide

Prevention—for the implementation of

railroad trespassing suicide prevention

programs.

Applicants should state in their

applications whether their project falls

within one or more of the above set-

asides, each as further described in

Section B.1.

Definitions of Key Terms

Terms defined in this section are

capitalized throughout this NOFO.

a. ‘‘Benefit-Cost Analysis’’ (or ‘‘Cost-

Benefit Analysis’’) is a systematic, data

driven, and transparent analysis

comparing monetized project benefits

and costs, using a no-build baseline and

properly discounted present values,

including concise documentation of the

assumptions and methodology used to

produce the analysis; a description of

the baseline, data sources used to

project outcomes, and values of key

input parameters; basis of modeling

including spreadsheets, technical

memos, etc.; and presentation of the

calculations in sufficient detail and

transparency to allow the analysis to be

reproduced and for sensitivity of results

evaluated by FRA. Please refer to the

Benefit-Cost Analysis Guidance for

Discretionary Grant Programs prior to

preparing a BCA at https://

www.transportation.gov/office-policy/

transportation-policy/benefit-cost-

analysis-guidance. In addition, please

also refer to the BCA FAQs on FRA’s

website for rail specific examples of

how to apply the BCA Guidance for

Discretionary Grant Programs to CRISI

applications.

b. ‘‘Capital Project’’ means a project

for acquiring, constructing, improving,

or inspecting rail equipment, track and

track structures, or a rail facility;

expenses incidental to the acquisition or

Construction including pre-construction

activities (such as designing,

engineering, location surveying,

mapping, acquiring rights-of-way) and

related relocation costs, environmental

studies, and all work necessary for FRA

to approve the 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.

c. ‘‘Construction’’ means the

production of fixed works and

structures or substantial alterations to

such structures or land and associated

costs.

d. ‘‘Enforcement Activities’’ means

investigating compliance with, and

enforcing, rail trespass-related laws.

e. ‘‘Final Design (FD)’’ means design

activities following Preliminary

Engineering, and at a minimum,

includes the preparation of final

Construction plans, detailed

specifications, and estimates sufficiently

detailed to inform project stakeholders

(designers, reviewers, contractors,

suppliers, etc.) of the actions required to

advance the project from design through

completion of Construction.

f. ‘‘Hot Spot’’ means a location along

the railroad right-of-way where the risk

of trespassing or collision as a result of

trespassing is high.

g. ‘‘Improvement’’ means repair or

enhancement to existing rail

infrastructure, or construction of new

rail infrastructure, that results in

efficiency of the rail system and the

safety of those affected by the system.

h. ‘‘Intercity Rail Passenger

Transportation’’ means rail passenger

transportation, except commuter rail

passenger transportation. See 49 U.S.C.

22901(3). In this notice, ‘‘Intercity

Passenger Rail Service’’ and ‘‘Intercity

Passenger Rail Transportation’’ are

equivalent terms to ‘‘Intercity Rail

Passenger Transportation.’’

i. ‘‘National Environmental Policy Act

(NEPA)’’ is a Federal law that requires

Federal agencies to analyze and

document the environmental impacts of

a proposed action in consultation with

appropriate Federal, state, and local

authorities, and with the public. NEPA

classes of action include an

Environmental Impact Statement (EIS),

Environmental Analysis (EA) or

Categorical Exclusion (CE). The NEPA

class of action depends on the nature of

the proposed action, its complexity, and

the potential impacts. For purposes of

this NOFO, NEPA also includes all

related Federal laws and regulations

including the Clean Air Act, Section 4(f)

of the Department of Transportation

Act, Section 7 of the Endangered

Species Act, and Section 106 of the

National Historic Preservation Act.

Additional information regarding FRA’s

environmental processes and

requirements are located at https://

www.fra.dot.gov/environment.

j. ‘‘Outreach Campaign’’ means any

coordinated effort to reach a specific

population, in the case of railroad

trespassing suicide prevention

programs, those who are experiencing or

who may experience suicidal thoughts,

with the goal of providing assistance.

The assistance provided through the

Outreach Campaign may take many

forms, including but not limited to,

advertising of services, identifying and

approaching individuals in need, or

other methods to recognize the signs of

an individual in crisis to prevent

suicide.

k. ‘‘Planning’’ means activities that

support the development of a state or

regional rail plan or a corridor service

development plan. Project-specific (e.g.,

rail station or port improvements)

planning is not eligible.

l. ‘‘Positive Train Control (PTC)

system’’ is defined by 49 CFR 270.5 to

mean a system designed to prevent

train-to-train collisions, overspeed

derailments, incursions into established

work zone limits, and the movement of

a train through a switch left in the

wrong position, as described in 49 CFR

part 236, subpart I.

m. ‘‘Preliminary Engineering (PE)’’

means engineering design to: (1) Define

a project, including identification of all

environmental impacts, design of all

critical project elements at a level

sufficient to assure reliable cost

estimates and schedules, (2) complete

project management and financial plans,

and (3) identify procurement

requirements and strategies. 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 generally occurs

concurrently with NEPA and related

analyses, and prior to FD and

Construction.

n. ‘‘Relocation’’ is defined to mean

moving a rail line vertically or laterally

to a new location. Vertical Relocation

refers to raising above the current

ground level or sinking below the

current ground level of a rail line.

Lateral Relocation refers to moving a rail

line horizontally to a new location.

o. ‘‘Rural Project’’ means a project in

which all or the majority of the project

(determined by the geographic location

or locations where the majority of the

project funds will be spent) is located in

a Rural Area.

p. ‘‘Rural Area’’ is defined in 49

U.S.C. 22907(g)(2) to mean any area not

in an urbanized area as defined by the

Census Bureau. The Census Bureau

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48801

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

See 74 FR 53030, 53043 (August 24, 2011)

available at https://www2.census.gov/geo/pdfs/

reference/fedreg/fedregv76n164.pdf.

Of the $375,000,000 in CRISI funding made

available in the 2021 Appropriation, $11,512,500

will be separately made available for Special

Transportation Circumstances and $3,750,000 will

be set aside for award and program oversight.

FRA made Safety and Operations Account

funding available in FY 2019 and FY 2020 under

separate NOFOs for the Railroad Trespassing

Enforcement Grant Program and the Railroad

Trespassing Suicide Prevention Grant Program, as

part of its National Trespass Prevention Strategy.

FRA is combining Non-CRISI funds for those

trespass prevention programs into the CRISI NOFO

to leverage Federal funding to comprehensively

address trespassing safety issues through awards for

infrastructure investment combined with safety

programs including enforcement and outreach

activities. If funding is not requested under B.1(d)

or (e), FRA may award such funds for other eligible

trespass prevention purposes.

Interstate Compacts are ineligible for Non-CRISI

funding.

See Section D(2)(a)(iv) for supporting

documentation required to demonstrate eligibility

under this eligibility category.

See Section D(2)(a)(iv) for supporting

documentation required to demonstrate eligibility

under this eligibility category.

See Section D(2)(a)(iv) for supporting

information required to demonstrate eligibility

under this eligibility category.

defines Urbanized Area (UA) as an area

with a population of 50,000 or more

people.

Updated lists of UAs as defined

by the Census Bureau are available on

the Census Bureau website at http://

www2.census.gov/geo/maps/dc10map/

UAUC_RefMap/ua/.

B. Federal Award Information

1. Available Award Amount

The total funding available for awards

under this NOFO is $361,978,796.

Should additional funds become

available after the release of this NOFO,

FRA may elect to award such additional

funds to applications received under

this NOFO.

Further, certain funding amounts are

set-aside for the following purposes

under this NOFO:

a. Rural Set-Aside—At least 25

percent of the CRISI funding, or

$93,750,000 will be made available for

Rural Projects as required by 49 U.S.C.

22907(g);

b. Intercity Passenger Rail Set-Aside—

Not less than $75 million of the CRISI

funding will be made available for

projects eligible under 49 U.S.C.

22907(c)(2) that support the

development of new intercity passenger

rail service routes including alignments

for existing routes; and

c. Capital Improvements for Trespass

Prevention—Not less than $25 million

of the CRISI funding will be made

available for Capital Projects and

engineering solutions targeting

trespassing.

d. Railroad Trespassing Enforcement

Activities—$2,034,296 in Non-CRISI

Funding will be made available for

grants supporting Enforcement

Activities at Hot Spots within their

respective jurisdictions or at areas that

demonstrate a rail trespassing problem

in their community on FRA-regulated

track. This grant funding is limited to

hourly wages for law enforcement

officials.

e. Railroad Trespassing Suicide

Prevention—$207,000 in Non-CRISI

Funding will be made available for

grants to help implement FRA’s

Trespasser Prevention Strategy through

grants funding the implementation or

expansion of targeted Outreach

Campaigns to reduce the number of

railroad-related suicides that involve

railroad trespassing on FRA-regulated

track.

2. Award Size

There are no predetermined minimum

or maximum dollar thresholds for CRISI

awards. For Non-CRISI funding, the

maximum award for railroad trespass

law enforcement grants will be capped

at $120,000, and the maximum award

for railroad trespass suicide prevention

grants will be capped at $100,000. 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). Projects may require more

funding than is available. FRA

encourages applicants to propose

projects or components of projects that

have operational independence and that

can be completed and implemented

with funding under this NOFO as a part

of the total project cost together with

other, non-Federal sources.

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 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.

See an example of standard terms and

conditions for FRA grant awards at:

https://www.fra.dot.gov/eLib/Details/

L19057. This template is subject to

revision.

4. Concurrent Applications

DOT and FRA may be concurrently

soliciting applications for transportation

infrastructure projects for several

financial assistance programs.

Applicants may submit applications

requesting funding for a particular

project to one or more of these

programs. In the application for funding

under this NOFO, applicants must

indicate the other programs and, if

applicable, the other CRISI or trespass

prevention NOFOs to which they

submitted or plan to submit an

application for funding the entire

project or certain project components, as

well as highlight new or revised

information in the application

responsive to this NOFO that differs

from the previously submitted

application(s).

C. Eligibility Information

This section of the notice explains

applicant eligibility, cost sharing and

matching requirements, project

eligibility, and project component

operational independence. Applications

that do not meet the requirements in

this section will be ineligible for

funding. Instructions for submitting

eligibility information to FRA are

detailed in Section D of this NOFO.

1. Eligible Applicants

The following entities are eligible

applicants under this notice:

a. A State;

b. A group of States;

c. An Interstate Compact;

d. A public agency or publicly chartered

authority established by one or more States;

e. A political subdivision of a State;

f. Amtrak or another rail carrier that

provides Intercity Rail Passenger

Transportation (as defined in 49 U.S.C.

24102);

g. A Class II railroad or Class III railroad

(as those terms are defined in 49 U.S.C.

20102) or a holding company of a Class II or

III railroad;

h. Any rail carrier or rail equipment

manufacturer in partnership with at least one

of the entities described in paragraph (a)

through (e);

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48802

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

See Section D(2)(a)(iii) for supporting

information required to demonstrate eligibility of

Federal funds for use as match.

Pursuant to the 2021 Appropriation, 49 U.S.C.

22905(f) shall not apply to projects for the

implementation of positive train control systems,

otherwise eligible under 49 U.S.C. 22907(c)(1).

‘‘Maintenance and operations costs incurred after a

PTC system is placed in revenue service are not

eligible for CRISI funding. . . .’’ 166 Cong. Rec.

H8820 (2020) (explanatory statement accompanying

the 2021 Appropriation).

Only costs for FD and Construction project

stages and forward are eligible within this project

eligibility category.

i. The Transportation Research Board

together with any entity with which it

contracts in the development of rail-related

research, including cooperative research

programs;

j. A University transportation center

engaged in rail-related research; or

k. A non-profit labor organization

representing a class or craft of employees of

rail carriers or rail carrier contractors.

Applications must identify an eligible

applicant as the lead applicant. The lead

applicant serves as the primary point of

contact for the application, and if

selected, as the grantee. Eligible

applicants may reference entities that

are not eligible applicants in an

application as a project partner.

2. Cost Sharing or Matching

The Federal share of total costs for

CRISI projects funded under this notice

will not exceed 80 percent, though FRA

will provide selection preference to

applications where the proposed

Federal share of total project costs is 50

percent or less. For Non-CRISI funding,

the Federal share of total project costs

can be up to 100 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, and to the extent

practicable, in preparing estimates of

total project costs, applicants may refer

to FRA’s cost estimate guidance

documentation, ‘‘Capital Cost

Estimating: Guidance for Project

Sponsors,’’ which is available at:

https://www.fra.dot.gov/Page/P0926.

The minimum 20 percent non-Federal

match for CRISI-funded projects may be

composed of public sector (e.g., state or

local) and/or private sector funding.

FRA will not consider any Federal

financial assistance

nor any non-

Federal funds already expended (or

otherwise encumbered) toward the

matching requirement, unless compliant

with 2 CFR part 200. In-kind

contributions, including the donation of

services, materials, and equipment, may

be credited as a project cost, in a

uniform manner consistent with 2 CFR

200.306.

Amtrak or another rail carrier may use

ticket and other non-Federal revenues

generated from its operations and other

sources as matching funds. Applicants

must identify the source(s) of its

matching and other funds, and must

clearly and distinctly reflect these funds

as part of the total project cost.

Before applying, applicants should

carefully review the principles for cost

sharing or matching in 2 CFR 200.306.

See Section D(2)(a)(iii) for required

application information on non-Federal

match and Section E for further

discussion of FRA’s consideration of

matching funds in the review and

selection process. FRA will approve pre-

award costs consistent with 2 CFR

200.458, as applicable. See Section D(6).

Cost sharing or matching may be used

only for authorized Federal award

purposes.

3. Other

a. Project Eligibility

The following rail projects within the

United States that improve the safety,

efficiency, and/or reliability of

passenger and/or freight rail

transportation systems are eligible for

funding under 49 U.S.C. 22907 and this

NOFO.

i. Deployment of railroad safety

technology, including positive train

control and rail integrity inspection

systems.

PTC examples include: Back

office systems; wayside,

communications and onboard hardware

equipment; software; equipment

installation; spectrum; any component,

testing and training for the

implementation of PTC systems; and

interoperability. Maintenance and

operating expenses incurred after a PTC

system is placed in revenue service are

ineligible. Railroad safety technology

and rail integrity inspection system

examples include broken rail detection

and warning systems; track intrusion

systems; and hot box detectors, wheel

impact load detectors, and other safety

improvements.

ii. A capital project as defined in 49

U.S.C. 22901(2) relating to Intercity

Passenger Rail Service, except that such

projects are not required to be in a State

rail plan under the CRISI Program.

Examples include acquisition,

improvement, or rehabilitation of

railroad equipment (locomotives and

rolling stock); railroad infrastructure

(grade crossings, catenary, and signals);

and rail facilities (yards, passenger

stations, or maintenance and repair

shops).

iii. A Capital Project necessary to

address congestion challenges affecting

rail service. Examples include projects

addressing congestion that increase rail

capacity; add or upgrade the condition,

clearances, and capacity of rail

mainlines; enhance capacity and service

with less conflict between freight and

Intercity Passenger Rail; reduce delays

and risks associated with highway-rail

grade crossings; and provide more

effective rail equipment.

iv. A Capital Project necessary to

reduce congestion and facilitate

ridership growth in Intercity Passenger

Rail Transportation along heavily

traveled rail corridors. Examples

include projects addressing congestion

that improve stations; increase rail

capacity; reduce conflict between freight

and Intercity Passenger Rail; reduce

delays and risks associated with

highway-rail grade crossings; and

provide more effective rail equipment.

v. A highway-rail grade crossing

improvement project, including

installation, repair, or improvement of

grade separations, railroad crossing

signals, gates, and related technologies;

highway traffic signalization; highway

lighting and crossing approach signage;

roadway improvements such as medians

or other barriers; railroad crossing

panels and surfaces; and safety

engineering improvements to reduce

risk in quiet zones or potential quiet

zones.

vi. A rail line Relocation and

Improvement project. Examples include

projects that: Improve the route or

structure of a rail line by replacing

degraded track; enhance/relocate

railroad switching operations; add or

lengthen passing tracks to increase

capacity; improve interlockings; and

relocate rail lines to alleviate

congestion, and eliminate frequent rail

service interruptions.

vii. A Capital Project to improve

short-line or regional railroad

infrastructure. Examples include

projects for normalized capital

replacement, increasing capacity, as

well as replacing aging locomotive fleets

with newer, more energy efficient

technologies that produce less harmful

emissions.

viii. The preparation of regional rail

and corridor service development plans

and corresponding environmental

analyses. (See the examples under Track

1 and 2 below in Subsections C(3)(b)(i)–

(ii) as they apply to regional and

corridor rail Planning).

ix. A project necessary to enhance

multimodal connections or facilitate

service integration between rail service

and other modes, including between

Intercity Rail Passenger Transportation

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48803

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

Enforcement Activities may include

investigating incidents or reports of trespassing, as

well as providing warnings and citations to the

trespassers for violating rail-related trespass laws.

The hourly rate for law enforcement officers

performing Enforcement Activities should be

limited to the officer’s regular and overtime wage

rate (e.g., 1.5 times the base rate). Administrative

costs are capped at 1% of the award. Projects must

be completed within the twelve-month period of

performance under the grant.

Court costs and equipment are not eligible. Only

new scope (e.g., hourly wages incurred during the

project performance period for a grant awarded

under this NOFO) is eligible for funding under this

NOFO.

The implementation or expansion of an

Outreach Campaign for reducing suicides that

involve railroad trespassing may involve training

staff to identify individuals at risk and intervene,

raising awareness of services via signage or public

awareness campaigns, or implementing other

strategies. Projects must be specifically tailored to

directly reduce railroad suicide incidents. While an

Outreach Campaign may have applicability outside

of the rail domain, projects must be intended to

directly reduce railroad suicide incidents. At least

1 mile of FRA-regulated railroad track must be

within the boundaries of the planned outreach

activities.

The scope, schedule, and budget necessary to

implement a project, as well as the definition of the

project’s potential benefits, are typically informed

by the work conducted in prior phases of project

development (e.g., the specific elements of an FD/

Construction project and their cost estimates are

developed and refined through PE). The evaluation

criteria for the CRISI program (see Section E of this

NOFO) considers the level of detail contained in the

applicant’s proposed scope of work and readiness

for the project to be implemented.

and intercity bus service or commercial

air service. Examples include

intermodal transportation facilities

projects that encourage joint scheduling,

ticketing, and/or baggage handling;

freight rail intermodal connections; and

rail projects improving access to ports.

x. The development and

implementation of a safety program or

institute designed to improve rail safety.

Examples include employee training;

payment of applicable law enforcement

wages to undertake trespass

Enforcement Activities;

Outreach

Campaigns for reducing suicides that

involve railroad trespassing;

and

public safety outreach and education.

xi. Any research that the Secretary

considers necessary to advance any

particular aspect of rail related capital,

operations, or safety improvements.

xii. Workforce development and

training activities, coordinated to the

extent practicable with the existing local

training programs supported by the

Department of Transportation, the

Department of Labor, and the

Department of Education.

Applicants that intend to charge

indirect costs through the use of a

negotiated indirect cost rate must have

a current, signed, Federally-approved

indirect cost rate agreement. Applicants

that do not have a current Federally-

approved indirect cost rate may elect to

charge a de minimis rate of 10 percent

of modified total direct costs. This

includes state and local governments

that have never negotiated an indirect

cost rate with the federal government

and receive less than $35 million in

direct federal funding per year.

Organizations that wish to negotiate an

indirect cost rate should contact FRA’s

Office of the Chief Financial Officer at

FRA.CFO@dot.gov. Sub-recipients may

charge indirect costs using their

federally-approved indirect cost rate, a

negotiated indirect cost rate between the

pass-through entity and the sub-

recipient, or a de minimis rate of 10

percent.

As a condition to making a grant with

CRISI Funding under this NOFO, FRA

requires that a written agreement exist

between the applicant and the railroad

regarding use and ownership consistent

with 49 U.S.C. 22905(c)(1) for projects

using rights-of-way owned by a railroad

that is not the applicant.

b. Project Tracks for Eligible Projects

Applicants are not limited in the

number of projects for which they seek

funding. FRA will not limit eligible

projects from consideration for funding

for planning, environmental,

engineering, design, and construction

elements of the same project in the same

application. Applicants are allowed to

include multiple phases of a project in

the same application. However,

depending on the project, applications

for multiple phases of project

development may not contain sufficient

detail with regards to scope, schedule,

or budget for all phases of the

application to compete well in the

application review process.

An applicant must identify one or

more of the following four tracks for an

eligible project: Track 1—Planning;

Track 2—PE/NEPA; Track 3—FD/

Construction; or Track 4—Research,

Safety Programs and Institutes.

i. Track 1—Planning

Track 1 consists of eligible rail

Planning projects. Examples include the

technical analyses and associated

environmental analyses that support the

development of state rail plans, regional

rail plans, and corridor service

development plans, including:

Identification of alternatives, rail

network Planning, market analysis,

travel demand forecasting, revenue

forecasting, railroad system design,

railroad operations analysis and

simulation, equipment fleet Planning,

station and access analysis, conceptual

engineering and capital programming,

operating and maintenance cost

forecasting, capital replacement and

renewal analysis, and economic

analysis. Project-specific (e.g., rail

station or port improvements) planning

is not an eligible Track 1 project.

ii. Track 2—PE/NEPA

Track 2 consists of eligible PE/NEPA

projects. PE examples include: PE

drawings and specifications (scale

drawings at the 30 percent design level,

including track geometry as

appropriate); design criteria, schematics

and/or track charts that support the

development of PE; and work that can

be funded in conjunction with

developing PE, such as operations

modeling, surveying, project work/

management plans, preliminary cost

estimates, and preliminary project

schedules. PE/NEPA projects funded

under this NOFO must be sufficiently

developed to support FD or

Construction activities.

iii. Track 3—FD/Construction

Track 3 consists of eligible projects for

FD, Construction, and project

implementation and deployment

activities. Applicants must complete all

necessary Planning, PE and NEPA

requirements for FD/Construction

projects. FD funded under this track

must resolve remaining uncertainties or

risks associated with changes to design

scope; address procurement processes;

and update and refine plans for

financing the project or program to

reflect accurately the expected year-of-

expenditure costs and cash flow

projections. Applicants selected for

funding for FD/Construction must

demonstrate the following to FRA’s

satisfaction:

(A) PE is completed for the proposed

project, resulting in project designs that

are reasonably expected to conform to

all regulatory, safety, security, and other

design requirements, including those

under the Americans with Disabilities

Act (ADA);

(B) NEPA is completed for the

proposed project;

project partners, including

infrastructure-owning entities; and

(D) A project management plan is in-

place for managing the implementation

of the proposed project, including the

management and mitigation of project

risks.

FD examples include drawings at the

100 percent Design Level, interim

design drawings that support

development (e.g., drawings at the 60

percent Design Level), project work/

project management plan, cost

estimates, project schedules, and right-

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48804

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

of-way acquisition and relocation plans.

Construction examples include

additions, improvements, replacements,

renovations and/or repairs to track,

bridge, station, rail yard, signal, and

communication system infrastructure,

or other railroad safety technology.

iv. Track 4—Research, Safety Programs

and Institutes (Non-Railroad

Infrastructure)

Track 4 consists of projects not falling

within Tracks 1–3 including workforce

development activities, research, safety

programs or institutes designed to

improve rail safety that clearly

demonstrate the expected positive

impact on rail safety. Sufficient detail

must be provided on what the project

will accomplish, as well as the

applicant’s capability to achieve the

proposed outcomes. Examples include

initiatives for improving rail safety,

training, payment of applicable law

enforcement wages to undertake

trespass Enforcement Activities,

Outreach Campaigns for reducing

suicides that involve railroad

trespassing, and education.

c. Project Component Operational

Independence

If an applicant requests funding for a

project that is a component or set of

components of a larger project, the

project component(s) must be attainable

with the award amount, together with

other funds as necessary, obtain

operational independence, and must

comply with all eligibility requirements

described in Section C.

In addition, the component(s) must be

capable of being independently

analyzed, as determined by FRA, under

NEPA (i.e., have independent utility,

connect logical termini, if applicable,

and not restrict the consideration of

alternatives for other reasonably

foreseeable rail projects).

d. Rural Project

FRA will consider a project to be in

a Rural Area if all or the majority of the

project (determined by geographic

location(s) where the majority of the

project funds will be spent) is located in

a Rural Area. However, in the event

FRA elects to fund a component of the

project, then FRA will reexamine

whether the project is in a Rural Area.

D. Application and Submission

Information

Required documents for the

application are outlined in the following

paragraphs. Applicants must complete

and submit all components of the

application. See Section D(2) for the

application checklist. FRA welcomes

the submission of additional relevant

supporting documentation, such as

planning, engineering and design

documentation, and letters of support

from partnering organizations, all of

which will not count against the Project

Narrative 25-page limit.

1. Address To Request Application

Package

Applicants may access the application

through www.grants.gov. Applicants

must submit all application materials in

their entirety through www.Grants.gov

no later than 5:00 p.m. ET, on November

29, 2021. FRA reserves the right to

modify this deadline. General

information for submitting applications

through Grants.gov can be found at:

https://www.fra.dot.gov/Page/P0270.

FRA is committed to ensuring that

information is available in appropriate

alternative formats to meet the

requirements of persons who have a

disability. If you require an alternative

version of files provided, please contact

Lou Lorello, Office of the Chief

Financial Officer, Federal Railroad

Administration, 1200 New Jersey

Avenue SE, Room W36–111,

Washington, DC 20590; email:

lou.lorello@dot.gov; phone: 202–493–

8026.

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.

Required documents for an

application package are outlined in the

checklist below.

i. Project Narrative (see D.2.a)

ii. Statement of Work (see D.2.b.i)

iii. Benefit-Cost Analysis (see D.2. b.ii)

iv. SF424—Application for Federal

Assistance

v. Either: SF 424A—Budget Information for

Non-Construction projects (required for

Tracks 1, 2 and 4) or SF 424C—Budget

Information for Construction (required

for any application that includes Track

vi. Either: SF 424B—Assurances for Non-

Construction projects (required for

Tracks 1, 2 and 4) or SF 424D—

Assurances for Construction (required

for any application that includes Track

vii. FRA’s Additional Assurances and

Certifications

viii. SF LLL—Disclosure of Lobbying

Activities

a. Project Narrative

This section describes the minimum

content required in the Project Narrative

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. Project Funding ........... See D.2.a.iii

IV. Applicant Eligibility ... See D.2.a.iv

V. Project Eligibility ......... See D.2.a.v

VI. Detailed Project De-

scription. See D.2.a.vi

VII. Project Location ......... See D.2.a.vii

VIII. Evaluation and Se-

lection Criteria. See D.2.a.viii

IX. Project Implementa-

tion and Management. See D.2.a.ix

X. Planning Readiness ...... See D.2.a.x

XI. Environmental Readi-

ness. See D.2.a.xi

The above content must be provided

in a narrative statement submitted by

the applicant. The Project Narrative may

not exceed 25 pages in length

(excluding cover pages, table of

contents, and supporting

documentation). FRA will not review or

consider Project Narratives beyond the

25-page limitation. If possible,

applicants should submit supporting

documents via website links rather than

hard copies. If supporting documents

are submitted, applicants must clearly

identify the page number(s) of the

relevant portion in the Project Narrative

supporting documentation. The Project

Narrative must adhere to the following

outline.

i. Cover Page: Include a cover page

that lists the following elements in a

table:

Project Title

Applicant

Project Track ...................................................................................................................................................... 1, 2, 3, and/or 4.

Was a Federal grant application previously submitted for this project? ........................................................... Yes/No.

If yes, state the name of the Federal grant program and title of the project in the previous application. Federal Grant Program:

Project Title:

Is this a Rural Project? What percentage of the project cost is based in a Rural Area? Yes/No.

Percentage of total project cost:

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48805

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

Is this a project eligible under 49 U.S.C. 22907(c)(2) that supports the development of new intercity pas-

senger rail service routes including alignments for existing routes? Yes/No.

Is this for a Capital Project or engineering solution targeting trespassing? Yes/No.

Is this for a safety program to reduce trespassing through targeted law Enforcement Activities? Yes/No.

Is this for a safety program to implement or expand an Outreach Campaign for reducing railroad tres-

passing suicide? Yes/No.

City(ies), State(s) where the project is located ..................................................................................................

Urbanized Area where the project is located ....................................................................................................

Population of Urbanized Area ............................................................................................................................

Is the project currently programmed in the: .......................................................................................................

State rail plan, State Freight Plan, TIP, STIP, MPO Long Range Transportation Plan, State Long Range

Transportation Plan?

Yes/No (If yes, please specify in

which plans the project is cur-

rently programmed).

ii. Project Summary: Provide a brief

4–6 sentence summary of the proposed

project and what the project will entail.

Include challenges the proposed project

aims to address, and summarize the

intended outcomes and anticipated

benefits that will result from the

proposed project.

iii. Project Funding: Indicate in table

format the amount of Federal funding

requested, the proposed non-Federal

match, identifying contributions from

the private sector if applicable, and total

project cost. Describe the non-Federal

funding arrangement, including

multiple sources of non-Federal funding

if applicable. Include funding

commitment letters outlining funding

agreements, as attachments or in an

appendix. If Federal funding is

proposed as match, provide the

applicant’s determination of eligibility

for such use and the legal basis for that

determination. Identify any specific

project components that the applicant

proposes for partial project funding. If

all or a majority of a project is located

in a Rural Area, identify the Rural

Area(s) and estimated percentage of

project costs that will be spent in the

Rural Area. Identify any previously

incurred costs, as well as other sources

of Federal funds committed to the

project and any pending Federal

requests. Also, note if the requested

Federal funding under this NOFO or

other programs must be obligated or

spent by a certain date due to

dependencies or relationships with

other Federal or non-Federal funding

sources, related projects, law, or other

factors. If applicable, provide the

description and estimated value of any

proposed in-kind contributions, and

demonstrate how the in-kind

contributions meet the requirements in

2 CFR 200.306.

Example Project Funding Table:

Task # Task name/project component Cost Percentage of total cost

Total Project Cost

Federal Funds Received from Previous Grant

Federal Funding Under this NOFO Request

Non-Federal Funding/Match Cash:

In-Kind:

Portion of Non-Federal Funding from the Private Sector

Portion of Total Project Costs Spent in a Rural Area

Pending Federal Funding Requests

iv. Applicant Eligibility: Explain how

the applicant meets the applicant

eligibility criteria outlined in Section C

of this notice. For public agencies and

publicly chartered authorities

established by one or more states, the

explanation must include citations to

the applicable enabling legislation.

If the applicant is eligible under 49

U.S.C. 22907(b)(8) as a rail carrier or rail

equipment manufacturer in partnership

with at least one of the other eligible

entities, the applicant should explain

the partnership and each entity’s

contribution to the partnership. For a

holding company of a class II or Class

III railroad, the applicant must

demonstrate its status as a holding

company and percentage of ownership

of an operating Class II or III railroad

with supporting documentation.

v. Project Eligibility: Identify which

project eligibility category the project is

eligible under in Section C(3) of this

notice, and explain how the project

meets the project eligibility criteria.

vi. Detailed Project Description:

Include a detailed project description

that expands upon the brief project

summary. This detailed description

should provide, at a minimum,

background on the challenges the

project aims to address; 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. If applicable,

explain how the project will benefit

communities in Rural Areas. An

applicant should specify whether it is

seeking funding for a project that has

already received Federal financial

assistance, and if applicable, explain

how the new scope proposed to be

funded under this NOFO relates to the

previous scope.

For all projects, applicants must

provide information about proposed

performance measures, as discussed in

Section F(3)(c) and required in 2 CFR

200.301 and 49 U.S.C. 22907(f).

VerDate Sep<11>2014 22:38 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48806

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

(A) Grade crossing information, if

applicable: For any project that includes

grade crossing components, cite specific

DOT National Grade Crossing Inventory

information, including the railroad that

owns the infrastructure (or the crossing

owner, if different from the railroad),

the primary railroad operator, the DOT

crossing inventory number, and the

roadway at the crossing. Applicants can

search for data to meet this requirement

at the following link: http://

safetydata.fra.dot.gov/OfficeofSafety/

default.aspx. In addition, if applicable,

applicants must cite the page number in

the grade crossing action plan where the

grade crossing is referenced.

(B) Heavily traveled rail corridor

information, if applicable: For any

project eligible under the eligibility

category in Subsection C(3)(a)(iv), that

reduces congestion and facilitates

ridership growth in Intercity Passenger

Rail Transportation, describe how the

project is located on a heavily traveled

rail corridor.

any project that includes deploying PTC

systems, applicants must:

1. Document submission of a Positive

Train Control Implementation Plan

(PTCIP) to FRA pursuant to either 49

U.S.C. 20157(a) or 49 CFR part 236,

subpart I (FRA’s PTC regulations);

2. Document that it is a tenant on one

or more host railroads that submitted a

PTCIP to FRA; or

3. Document how the proposed

project will assist in the deployment

(i.e., installation and/or full

implementation) of a PTC system.

(D) Workforce development and

training information, if applicable: For

any project that includes workforce

development, applicants must

document to the extent practicable

similar existing local training programs

supported by the Department of

Transportation, the Department of

Labor, and/or the Department of

Education.

(E) Pedestrian trespasser casualty

information, if applicable: Provide

documentation indicating whether the

projects are located in counties with the

most pedestrian trespasser casualties as

identified in FRA’s National Strategy to

Prevent Trespassing on Railroad

Property.

(F) Railroad trespassing law

enforcement strategies, if applicable: For

law enforcement agencies seeking

funding to pay law enforcement wages

to undertake trespass Enforcement

Activities, applicants must provide a

detailed description of the proposed

Enforcement Activities, including (but

not limited to) data on trespass

incidents and casualties, strategies to

target Hot Spots identified by geospatial

data, and expected reductions in

trespass incidents stemming from the

Enforcement Activities.

(G) Railroad trespassing suicide

prevention outreach campaign, if

applicable: For any project seeking to

implement an Outreach Campaign to

reduce suicide by railroad, applicants

must provide a detailed description of

the proposed outreach campaign,

including (but not limited to) relevant

data on rail-related suicides in the

project location, the manner and extent

to which trespass suicide is expected to

be reduced, and examples of prior

efforts to address rail-related suicide.

vii. Project Location: Include

geospatial data for the project, as well as

a map of the project’s location. On the

map, include the Congressional districts

and Rural Area boundaries, if

applicable, in which the project will

take place. For projects (other than those

projects for the implementation of

positive train control systems otherwise

eligible under 49 U.S.C. 22907(c)(1))

that are on a shared corridor.

viii. Evaluation and Selection Criteria:

Include a thorough discussion of how

the proposed project meets all the

evaluation criteria and selection criteria,

as outlined in Section E of this notice.

If an application does not sufficiently

address the evaluation and selection

criteria, it is unlikely to be a competitive

application. For projects (other than

those projects for the implementation of

positive train control systems otherwise

eligible under 49 U.S.C. 22907(c)(1))

that are on a shared corridor with

commuter railroad passenger

transportation, demonstrate how

funding the proposed project would be

a reasonable investment in Intercity

Passenger Rail Transportation and/or

freight rail transportation.

ix. Project Implementation and

Management: Describe proposed project

implementation and project

management arrangements. Include

descriptions of the expected

arrangements for project contracting,

contract oversight and control, change-

order management, risk management,

and conformance to Federal

requirements for project progress

reporting (see https://www.fra.dot.gov/

Page/P0274). Describe past experience

in managing and overseeing similar

projects.

x. Planning Readiness for Tracks 2

and 3 (PE/NEPA and FD/Construction

Projects: Provide information about the

planning process that analyzed the

investment needs and service objectives

of the project. If applicable, cite sources

of this information from a service

development plan, State or regional rail

plan, or similar planning document

where the project has been identified for

solving a specific existing transportation

problem, and makes the case for

investing in the proposed solution.

xi. Environmental Readiness for Track

3 FD/Construction Projects: 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 CE, Finding

of No Significant Impact, or Record of

Decision. If the NEPA process is not yet

underway, the application should state

this. If the process is underway, but is

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

related milestones.

If the last agency action with respect

to NEPA documents occurred more than

three years before the application date,

the applicant should describe why the

project has been delayed and include a

proposed approach for verifying, and if

necessary, updating this information in

accordance with applicable NEPA

requirements.

b. Additional Application Elements

Applicants must submit:

i. A Statement of Work (SOW)

addressing the scope, schedule, and

budget for the proposed project if it

were selected for award. The SOW must

contain sufficient detail so FRA, and the

applicant, can understand the expected

outcomes of the proposed work to be

performed and monitor progress toward

completing project tasks and

deliverables during a prospective grant’s

period of performance. Applicants must

use FRA’s standard SOW, schedule, and

budget templates to be considered for

award. The templates are located at

https://www.fra.dot.gov/Page/P0325.

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, studies of economic

feasibility, environmental analyses, and

information on the expected use of

equipment or facilities.

ii. A Benefit-Cost Analysis (BCA), as

an appendix to the Project Narrative for

each project submitted by an applicant.

The BCA must demonstrate in economic

terms the merits of investing in the

proposed project. The BCA for Track

2—PE/NEPA projects should be for the

underlying project, not the PE/NEPA

work itself. The project narrative should

summarize the project’s benefits.

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48807

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

Benefits may apply to existing and

new rail users, as well as users of other

modes of transportation. In some cases,

benefits may be applied to populations

in the general vicinity of the project

area. Improvements to multimodal

connections and shared-use rail

corridors may benefit all users involved.

Benefits may be quantified for savings

in safety costs, reduced costs from

disruption of service, maintenance

costs, reduced travel time, emissions

reductions, and increases in capacity or

ability to offer new types of freight or

passenger services. Applicants may also

describe other categories of benefits that

are difficult to quantify such as noise

reduction, environmental impact

mitigation, improved quality of life, or

reliability of travel times. All benefits

claimed for the project must be clearly

tied to the expected outcomes of the

project. Please refer to the Benefit-Cost

Analysis Guidance for Discretionary

Grant Programs prior to preparing a

BCA at https://www.transportation.gov/

office-policy/transportation-policy/

benefit-cost-analysis-guidance. In

addition, please also refer to the BCA

FAQs on FRA’s website for some rail

specific examples of how to apply the

BCA Guidance for Discretionary Grant

Programs to CRISI funding.

For Tracks 1 and 4—Applicants are

required to document project benefits.

Any subjective estimates of benefits and

costs should be quantified whenever

possible, and applicants should provide

appropriate evidence to support their

subjective estimates. Estimates of

benefits should be presented in

monetary terms whenever possible; if a

monetary estimate is not possible, then

a quantitative estimate (in physical,

non-monetary terms, such as crash or

employee casualty rates, ridership

estimates, emissions levels, energy

efficiency improvements, etc.) should be

provided. At a minimum, qualitatively

describe the project benefits.

iii. Environmental compliance

documentation, as applicable, if a

website link is not cited in the Project

Narrative.

iv. SF 424—Application for Federal

Assistance;

v. SF 424A—Budget Information for

Non-Construction or SF 424C—Budget

Information for Construction;

vi. SF 424B—Assurances for Non-

Construction or SF 424D—Assurances

for Construction;

vii. FRA’s Additional Assurances and

Certifications; and

viii. SF LLL—Disclosure of Lobbying

Activities.

ix. A statement that the lead applicant

has a system for procuring property and

services under a Federal award under

this NOFO that supports the provisions

in 2 CFR 200 Subpart D-Procurement

Standards at 2 CFR 200.317–326 and 2

CFR 1201.317.

x. A statement indicating whether the

applicant or any of its principals:

a. is presently suspended, debarred,

voluntarily excluded, or disqualified;

b. has been convicted within the

preceding three years of any of the

offenses listed in 2 CFR 180.800(a); or

had a civil judgment rendered against

the organization or the individual for

one of those offenses within that time

period;

c. is presently indicted for, or

otherwise criminally or civilly charged

by a governmental entity (Federal, state

or local) with, commission of any of the

offenses listed in 2 CFR 180.800(a); or,

d. has had one or more public

transactions (Federal, state, or local)

terminated within the preceding three

years for cause or default (including

material failure to comply).

xi. FRA F 251, Applicant Financial

Capability Questionnaire.

Forms needed for the electronic

application process are at

www.Grants.gov.

c. Post-Selection Requirements

See subsection 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, 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 Data

Universal Numbering System (DUNS)

and SAM requirements, and if an

applicant has not fully complied with

the requirements by the time the FRA is

ready to make a Federal award, FRA

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. (Please note that if a Dun &

Bradstreet DUNS number must be

obtained or renewed, this may take a

significant amount of time to complete).

Late applications that are the result of

a failure to register or comply with

Grants.gov applicant requirements in a

timely manner will not be considered. If

an applicant has not fully complied

with the requirements by the

submission deadline, the application

will not be considered. To submit an

application through Grants.gov,

applicants must:

a. Obtain a DUNS Number

A DUNS number is required for

Grants.gov registration. The Office of

Management and Budget requires that

all businesses and nonprofit applicants

for Federal funds include a DUNS

number in their applications for a new

award or renewal of an existing award.

A DUNS number is a unique nine-digit

sequence recognized as the universal

standard for the government in

identifying and keeping track of entities

receiving Federal funds. The identifier

is used for tracking purposes and to

validate address and point of contact

information for Federal assistance

applicants, recipients, and

subrecipients. The DUNS number will

be used throughout the grant life cycle.

Obtaining a DUNS number is a free,

one-time activity. Applicants may

obtain a DUNS number by calling 1–

866–705–5711 or by applying online at

http://www.dnb.com/us.

b. Register With the SAM at

www.SAM.gov

All applicants for Federal financial

assistance must maintain current

registrations in the SAM database. An

applicant must be registered in SAM to

successfully register in Grants.gov. The

SAM database is the repository for

standard information about Federal

financial assistance applicants,

recipients, and 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

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48808

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

recipient’s immediate and highest level

owner and subsidiaries, as well as on all

predecessors that have been awarded a

Federal contract or grant within the last

three years, if applicable. Information

about SAM registration procedures is

available at www.sam.gov.

c. Create a Grants.gov Username and

Password

Applicants must complete an

Authorized Organization Representative

(AOR) profile on www.Grants.gov and

create a username and password.

Applicants must use the organization’s

DUNS number to complete this step.

Additional information about the

registration process is available at:

https://www.grants.gov/web/grants/

applicants/organization-

registration.html.

d. Acquire Authorization for Your AOR

From the E-Business Point of Contact (E-

Biz POC)

The E-Biz POC at the applicant’s

organization must respond to the

registration email from Grants.gov and

applicant as the AOR. Please note there

can be more than one AOR for an

organization.

e. Submit an Application Addressing

All Requirements Outlined in This

NOFO

If an applicant experiences difficulties

at any point during this process, please

call the Grants.gov Customer Center

Hotline at 1–800–518–4726, 24 hours a

day, 7 days a week (closed on Federal

holidays). For information and

instructions on each of these processes,

please see instructions at: http://

www.grants.gov/web/grants/applicants/

apply-for-grants.html.

4. Submission Dates and Times

Applicants must submit complete

applications to www.Grants.gov no later

than 5:00 p.m.. ET, November 29, 2021.

FRA reviews www.Grants.gov

information on the dates and times of

applications submitted to determine

timeliness of submissions. Late

applications will be neither reviewed

nor considered. Delayed registration is

not an acceptable reason for late

submission. In order to apply for

funding under this announcement, all

applicants are expected to be registered

as an organization with Grants.gov.

Applicants are strongly encouraged to

apply early to ensure all materials are

received before this deadline.

To ensure a fair competition of

limited discretionary funds, the

following conditions are not valid

reasons to permit late submissions: (1)

Failure to complete the Grants.gov

registration process before the deadline;

(2) failure to follow Grants.gov

instructions on how to register and

apply as posted on its website; (3)

failure to follow all 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.

The names and addresses of the Single

State Points of Contact are listed in the

Office of Management and Budget’s

website.

6. Funding Restrictions

FRA is prohibited under 49 U.S.C.

22905(f) from providing CRISI grants for

commuter rail passenger transportation

(as defined in 49 U.S.C. 24102(3)).

FRA’s interpretation of this restriction is

informed by the language in 49 U.S.C.

22907. FRA’s primary intent in funding

passenger rail projects is to make

reasonable investments in Intercity

Passenger Rail Transportation. Such

projects may be located on shared

corridors where commuter rail

passenger transportation and/or freight

rail also benefit from the project. The

2021 Appropriation makes an exception

to this funding restriction for commuter

rail passenger transportation projects for

the implementation of positive train

control systems that are otherwise

eligible under 49 U.S.C. 22907(c)(1).

Consistent with 2 CFR 200.458, as

applicable, FRA will only approve pre-

award costs if such costs are incurred

pursuant to the negotiation and in

anticipation of the grant agreement and

if such costs are necessary for efficient

and timely performance of the scope of

work. Under 2 CFR 200.458, grantees

must seek written approval from the

administering agency for pre-award

activities to be eligible for

reimbursement under the grant.

Activities initiated prior to the

execution of a grant or without written

approval may be ineligible for

reimbursement or matching

contribution. Cost sharing or matching

may be used only for authorized Federal

award purposes.

7. Other Submission Requirements

For any supporting application

materials that an applicant cannot

submit via Grants.gov, such as oversized

engineering drawings, an applicant may

submit an original and two (2) copies to

Mr. Douglas Gascon, Office of Policy

and Planning, Federal Railroad

Administration, 1200 New Jersey

Avenue SE, Room W38–212,

Washington, DC 20590. Due to delays

caused by enhanced screening of mail

delivered via the U.S. Postal Service,

FRA advises applicants to use other

means of conveyance (such as courier

service) to assure timely receipt of

materials before the application

deadline. Additionally, if documents

can be obtained online, providing

instructions to FRA on how to access

files on a referenced website may also

be sufficient.

Note: Please use generally accepted

formats such as .pdf, .doc, .docx, .xls,

.xlsx and .ppt, when uploading

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.

If an applicant experiences difficulties

at any point during this process, please

call the Grants.gov Customer Center

Hotline at 1–800–518–4726, 24 hours a

day, 7 days a week (closed on Federal

holidays). For information and

instructions on each of these processes,

please see instructions at: http://

www.grants.gov/web/grants/applicants/

apply-for-grants.html.

E. Application Review Information

1. Criteria

a. Eligibility, Completeness and

Applicant Risk Review

FRA will first screen each application

for applicant and project eligibility

(eligibility requirements are outlined in

Section C of this notice), completeness

(application documentation and

submission requirements are outlined in

Section D of this notice), applicant risk

and the minimum match.

FRA will then consider applicant risk,

including the applicant’s past

performance in developing and

delivering similar projects and previous

financial contributions, and if

applicable, previous competitive grant

technical evaluation ratings that the

proposed project received under

previous competitive grant programs

administered by DOT.

b. Evaluation Criteria

FRA will evaluate all eligible and

complete applications using the

evaluation criteria outlined in this

section to determine project benefits

and technical merit.

i. Project Benefits:

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48809

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

FRA will evaluate the Benefit-Cost

Analysis and project benefits of the

proposed project for the anticipated

private and public benefits relative to

the costs of the proposed project and the

summary of benefits provided in

response to subsection D(2)(b)(ii)

including—

(A) Effects on system and service

performance;

(B) Effects on safety, competitiveness,

reliability, trip or transit time, and

resilience;

integration with other modes; and

(D) Ability to meet existing or

anticipated demand.

ii. Technical Merit:

FRA will evaluate application

information for the degree to which—

(A) The tasks and subtasks outlined in

the SOW are appropriate to achieve the

expected outcomes of the proposed

project.

(B) Applications indicate strong

project readiness and meet requirements

under the project track(s) designated by

the applicant.

experience of key personnel proposed to

lead and perform the technical efforts,

and the qualifications of the primary

and supporting organizations to fully

and successfully execute the proposed

project within the proposed timeframe

and budget are demonstrated.

(D) The proposed project’s business

plan considers potential private sector

participation in the financing,

construction, or operation of the

proposed project.

(E) The applicant has, or will have the

legal, financial, and technical capacity

to carry out the proposed project;

satisfactory continuing control over the

use of the equipment or facilities; and

the capability and willingness to

maintain the equipment or facilities.

(F) The degree to which the applicant

and project deploy innovative

technology, encourage innovative

approaches to project delivery, and

incentivize the use of innovative

financing.

(G) The proposed project is consistent

with planning guidance and documents

set forth by DOT, including those

required by law or State rail plans

developed under Title 49, United State

Code, Chapter 227.

c. Selection Criteria

In addition to the eligibility and

completeness review and the evaluation

criteria outlined in this subsection, the

FRA will apply the following selection

criteria:

i. The FRA will give preference to the

following:

(A) Projects for which the proposed

Federal share of total project costs is 50

percent or less;

(B) Projects for which the net benefits

of the grant funds will be maximized

considering the Benefit-Cost Analysis,

including anticipated private and public

benefits relative to the costs of the

proposed project, and factoring in the

other considerations in 49 U.S.C. 22907

(e);

elements including preliminary

engineering and final design of projects

eligible under 49 U.S.C. 22907(c)(2) that

support the development of new

intercity passenger rail service routes

including alignments for existing routes;

(D) Projects for capital and

engineering solutions targeting

trespassing that are located in counties

with the most pedestrian casualties as

identified in FRA’s National Strategy to

Prevent Trespassing on Railroad

Property as may be updated or amended

from time to time; and

(E) Projects for trespass Enforcement

Activities in one of the 10 states with

the highest incidence of rail trespass

related casualties (as reported in the

Rail Incident Accident Reporting

System at https://railroads.dot.gov/

accident-and-incident-reporting/

casualty-reporting/casualties-and-other-

incidents), which are California, Texas,

Illinois, Florida, New York,

Pennsylvania, Ohio, Indiana, North

Carolina, and Georgia.

ii. After applying the above

preferences, the FRA will take into

account the following key DOT

objectives:

(A) Safety

DOT will assess the project’s ability to

foster a safe transportation system for

the movement of goods and people,

consistent with the Department’s

strategic goal to reduce transportation-

related fatalities and serious injuries

across the transportation system. Such

considerations will include, but are not

limited to, the extent to which the

project improves safety at highway-rail

grade crossings, reduces incidences of

rail-related trespassing, and upgrades

infrastructure to achieve a higher level

of safety.

(B) Equitable Economic Strength and

Improving Core Assets

DOT will assess the project’s ability to

contribute to economic progress

stemming from infrastructure

investment and associated creation of

good jobs with fair wages, labor

protections, and the opportunity to join

a union. Such considerations will

include, but are not limited to, the

extent to which the project invests in

vital infrastructure assets, addresses

capital needs to connect farms, factories,

and shippers to the rail network, and

provides opportunities for families to

achieve economic security through rail

industry employment.

Equity and Economic Inclusion Goals

DOT will assess the project’s ability to

encourage racial equity by investing in

projects that proactively address racial

equity and barriers to opportunities.

Such considerations will include, but

are not limited to, the extent to which

the project improves or expands

transportation options, mitigates the

safety risks and detrimental quality of

life effects that rail lines can have on

communities, and expands workforce

development and training opportunities

to foster a more diverse rail industry.

(D) Resilience and Addressing Climate

Change

DOT will assess the project’s ability to

reduce the harmful effects of climate

change and anticipate necessary

improvements for preparedness. Such

considerations will include, but are not

limited to, the extent to which the

project reduces emissions, promotes

energy efficiency, increases resiliency,

and recycles or redevelops existing

infrastructure.

(E) Transformation of Our Nation’s

Transportation Infrastructure

DOT will assess the project’s ability to

expand and improve the nation’s rail

network, which needs to balance new

infrastructure for increased capacity

with proper maintenance of aging

assets. Such considerations will

include, but are not limited to, the

extent to which the project adds

capacity to congested corridors, builds

new connections, and ensures assets

will be improved to a state of good

repair.

iii. 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 four-part

application review process, as follows:

a. Screen applications for

completeness, applicant risk and

eligibility and consider applicable past

performance and previous financial

contributions and technical evaluation

ratings;

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48810

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

b. Evaluate eligible applications

(completed by technical panels applying

the evaluation criteria);

c. Review, apply selection criteria and

recommend initial selection of projects

for the FRA Administrator’s review

(completed by a non-career Senior

Review Team, which includes senior

leadership from the Office of the

Secretary and FRA); and,

d. Selection of awards for the

Secretary’s review and approval

(completed by the FRA Administrator).

3. Reporting Matters Related to Integrity

and Performance

Before making a Federal award with

a total amount of Federal share greater

than the simplified acquisition

threshold of $250,000 (see 2 CFR 200.88

Simplified Acquisition Threshold), FRA

will review and consider any

information about the applicant that is

in the designated integrity and

performance system accessible through

SAM (currently the Federal Awardee

Performance and Integrity Information

System (FAPIIS)). See 41 U.S.C. 2313.

An applicant, at its option, may

review information in the designated

integrity and performance systems

accessible through SAM and comment

on any information about itself that a

Federal awarding agency previously

entered and is currently in the

designated integrity and performance

system accessible through SAM.

FRA will consider any comments by

the applicant, in addition to the other

information in the designated integrity

and performance system, in making a

judgment about the applicant’s integrity,

business ethics, and record of

performance under Federal awards

when completing the review of risk

posed by applicants as described in 2

CFR 200.205.

F. Federal Award Administration

Information

1. Federal Award Notice

FRA will announce applications

selected for funding in a press release

and on the FRA website after the

application review period. This

announcement is FRA’s notification to

successful and unsuccessful applicants

alike. FRA will contact applicants with

successful applications after

announcement with information and

instructions about the award process.

This notification is not an authorization

to begin proposed project activities.

FRA requires satisfaction of applicable

requirements by the applicant and a

formal agreement signed by both the

grantee and the FRA, including an

approved scope, schedule, and budget,

before obligating the grant.

For Track 2 PE/NEPA projects, these

requirements may include

transportation planning. For Track 3

FD/Construction projects, these

requirements may include

transportation planning, PE and

environmental reviews.

2. Administrative and National Policy

Requirements

In connection with any program or

activity conducted with or benefiting

from funds awarded under this notice,

grantees must comply with all

applicable requirements of Federal law,

including, without limitation, the

Constitution of the United States; the

conditions of performance,

nondiscrimination requirements, and

other assurances made applicable to the

award of funds in accordance with

regulations of the Department of

Transportation; and applicable Federal

financial assistance and contracting

principles promulgated by the Office of

Management and Budget. In complying

with these requirements, grantees, in

particular, must ensure that no

concession agreements are denied, or

other contracting decisions made on the

basis of speech or other activities

protected by the First Amendment. If

the Department determines that a

grantee has failed to comply with

applicable Federal requirements, the

Department may terminate the award of

funds and disallow previously incurred

costs, requiring the grantee to reimburse

any expended award funds.

Examples of administrative and

national policy requirements include: 2

CFR part 200; procurement standards at

2 CFR part 200 Subpart D—Procurement

Standards, 2 CFR 1207.317 and 2 CFR

200.401; compliance with Federal civil

rights laws and regulations;

requirements for disadvantaged

business enterprises, debarment and

suspension requirements, and drug-free

workplace requirements; FRA’s and

OMB’s Assurances and Certifications;

Americans with Disabilities Act; safety

requirements; NEPA; environmental

justice requirements; performance

measures under 49 U.S.C. 22907(f); for

CRISI Funding, grant conditions under

49 U.S.C. 22905 including the Buy

America requirements, applicable labor

requirements, the provision deeming

operators rail carriers for certain

purposes and grantee agreements with

railroad right-of-way owners for projects

using railroad right-of way. 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.

Grantees must comply with

applicable appropriations act

requirements and all relevant

requirements of 2 CFR part 200. Rights

to intangible property under grants

awarded under this NOFO are governed

in accordance with 2 CFR 200.315. See

an example of standard terms and

conditions for FRA grant awards at

https://www.fra.dot.gov/eLib/Details/

L19057 and clauses specific to CRISI

funding at https://www.fra.dot.gov/eLib/

Details/L20078. These templates are

subject to revision.

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.

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 Federal share of any Federal

award under this NOFO may include

more than $500,000 over the period of

performance, applicants are informed of

the post award reporting requirements

reflected in 2 CFR part 200, Appendix

XII—Award Term and Condition for

Recipient Integrity and Performance

Matters.

c. Performance Reporting

Each applicant selected for funding

must collect information and report on

the project’s performance using

measures mutually agreed upon by FRA

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48811

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

and the grantee to assess progress in

achieving strategic goals and objectives.

Applicants requesting Non-CRISI

funding for trespass Enforcement

Activities must include the following

information: Date, time, number of

officers, location and description of

Enforcement Activity; Justification or

reason for selected Enforcement

Activity; Number of contacts

(encounters with trespassers); Number

of warnings and/or citations issued; and

the deterrence effect of such activities

and method for measuring such

deterrence (including explanation of

how they determine deterrence effect).

Applicants requesting Non-CRISI

funding for an Outreach Campaign must

include indicators of success (e.g.

anticipated reach of messaging efforts or

contacts made by personnel with

individuals at risk or reduced suicide

incidents). FRA maintains the right to

re-publish and use information under

this grant for the advancement of safety.

Examples of some rail performance

measures for CRISI Funding are listed in

the table below. The applicable

measure(s) will depend upon the type of

project. Applicants requesting funding

for the acquisition of rolling stock must

integrate at least one equipment/rolling

stock performance measure, consistent

with the application materials and

program goals.

Rail measures Unit

measured Temporal Primary strategic

goal Secondary strategic

goal Description

Slow Order Miles ..... Miles ............ Annual ......... State of Good Repair Safety ...................... The number of miles per year within the

project area that have temporary speed

restrictions (‘‘slow orders’’) imposed due

to track condition. This is an indicator of

the overall condition of track. This

measure can be used for projects to re-

habilitate sections of a rail line since the

rehabilitation should eliminate, or at

least reduce the slow orders upon

project completion.

Gross Ton ................ Gross Tons Annual ......... Economic Competi-

tiveness. State of Good Repair The annual gross tonnage of freight

shipped in the project area. Gross tons

include freight cargo minus tare weight

of the rail cars. This measures the vol-

ume of freight a railroad ships in a year.

This measure can be useful for projects

that are anticipated to increase freight

shipments.

Rail Track Grade

Separation. Count ........... Annual ......... Economic Competi-

tiveness. Safety ...................... The number of annual automobile cross-

ings that are eliminated at an at-grade

crossing as a result of a new grade

separation.

Passenger Counts ... Count ........... Annual ......... Economic Competi-

tiveness. State of Good Repair Count of the annual passenger boardings

and alightings at stations within the

project area.

Travel Time .............. Time/Trip ..... Annual ......... Economic Competi-

tiveness. Quality of Life .......... Point-to-point travel times between pre-

determined station stops within the

project area. This measure dem-

onstrates how track improvements and

other upgrades improve operations on a

rail line. It also helps make sure the rail-

road is maintaining the line after project

completion.

Track Weight Capac-

ity. Yes/No ........ One Time .... State of Good Repair Economic Competi-

tiveness. If a project is upgrading a line to accom-

modate heavier rail cars (typically an in-

crease from 263,000 lb. rail cars to

286,000 lb. rail cars.)

Track Miles ............... Miles ............ One Time .... State of Good Repair Economic Competi-

tiveness. The number of track miles that exist within

the project area. This measure can be

beneficial for projects building sidings or

sections of additional main line track on

a railroad.

H. Federal Awarding Agency Contacts

For further information regarding this

notice and the grants program, please

contact Mr. Douglas Gascon, Office of

Policy and Planning, Federal Railroad

Administration, 1200 New Jersey

Avenue SE, Room W38–212,

Washington, DC 20590; email:

douglas.gascon@dot.gov; phone: 202–

493–0239.

I. Other Information

All information submitted as part of

or in support of any application shall

use publicly available data or data that

can be made public and methodologies

that are accepted by industry practice

and standards, to the extent possible.

If the application includes

information the applicant considers to

be a trade secret or confidential

commercial or financial information, the

applicant should do the following: (1)

Note on the front cover that the

submission ‘‘Contains Confidential

Business Information (CBI)’’; (2) mark

each affected page ‘‘CBI’’; and (3)

highlight or otherwise denote the CBI

portions.

The DOT regulations implementing

the Freedom of Information Act (FOIA)

are found at 49 CFR part 7 Subpart C—

Availability of Reasonably Described

Records under the Freedom of

Information Act which sets forth rules

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

48812

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices

for FRA to make requested materials,

information and, records publicly

available under FOIA. Unless prohibited

by law and to the extent permitted

under the FOIA, contents of application

and proposals submitted by successful

applicants may be released in response

to FOIA requests.

Issued in Washington, DC.

Amitabha Bose,

Deputy Administrator.

[FR Doc. 2021–18737 Filed 8–30–21; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–2016–0117; Notice 2]

General Motors, LLC, Denial of Petition

for Decision of Inconsequential

Noncompliance

AGENCY

: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION

: Denial of petition.

SUMMARY

: General Motors, LLC (GM) has

determined that certain model year

(MY) 2016–2017 Cadillac CT6 motor

vehicles do not fully comply with

Federal Motor Vehicle Safety Standard

(FMVSS) No. 108, Lamps, Reflective

Devices, and Associated Equipment. GM

filed a noncompliance report dated

October 26, 2016. GM also petitioned

NHTSA on November 18, 2016, for a

decision that the subject noncompliance

is inconsequential as it relates to motor

vehicle safety.

FOR FURTHER INFORMATION CONTACT

Leroy Angeles, Office of Vehicle Safety

Compliance, NHTSA, telephone (202)

366–5304, facsimile (202) 366–5930.

SUPPLEMENTARY INFORMATION

I. Overview: GM has determined that

certain MY 2016–2017 Cadillac CT6

motor vehicles do not fully comply with

paragraph S7.8.13 of FMVSS No. 108,

Lamps, Reflective Devices, and

Associated Equipment (49 CFR

571.108). GM filed a noncompliance

report dated October 26, 2016, pursuant

to 49 CFR part 573, Defect and

Noncompliance Responsibility and

Reports. GM subsequently petitioned

NHTSA on November 18, 2016,

pursuant to 49 U.S.C. 30118(d) and

30120(h) and 49 CFR part 556, for an

exemption from the notification and

remedy requirements of 49 U.S.C.

Chapter 301 on the basis that this

noncompliance is inconsequential as it

relates to motor vehicle safety.

Notice of receipt of the petition was

published on April 11, 2017, in the

Federal Register (82 FR 17518), with a

30-day public comment period. One

comment was received. To view the

petition, all supporting documents, and

any comments, log onto the Federal

Docket Management System (FDMS)

website at: https://www.regulations.gov/.

Then follow the online search

instructions to locate docket number

‘‘NHTSA–2016–0117.’’

II. Vehicles Involved: Approximately

12,475 MY 2016–2017 Cadillac CT6

motor vehicles manufactured between

September 4, 2015 and October 18, 2016

(the subject vehicles) are potentially

involved.

III. Noncompliance: GM explains that

the noncompliance is that the software

in the subject vehicles’ parking lamp’s

electronic control unit (ECU) was

programmed incorrectly, causing the

ECU to misinterpret the signals from the

vehicle’s body control module (BCM).

This results in a higher than expected

light output that may exceed the

maximum values permitted in

paragraph S7.8.13 of FMVSS No. 108.

Specifically, the nine failed test points

exceeded the maximum allowed value

by 2.3% to 74.8%. Eight of the nine

failed test points exceeded the

maximum allowed value by 25% or

more.

IV. Rule Requirements: Paragraph

S7.8.13 of FMVSS No. 108, titled

‘‘Photometry’’ includes the

requirements relevant to this petition:

Each parking lamp must be designed to

conform to the photometry requirements

of Table XIV of paragraph S7.8.13, when

tested according to the procedure of

paragraph S14.2.1. Table XIV specifies

various minimum and maximum

photometric intensity requirements for

parking lamps at specified test points.

V. Summary of GM’s Petition:

GM describes the subject

noncompliance and contends that the

noncompliance is inconsequential as it

relates to motor vehicle safety.

In support of its petition, GM offers

the following reasoning:

(a) The subject vehicles’ parking

lamp-headlamp combination does not

exceed the maximum permitted glare

values for headlamps specified in

FMVSS No. 108:

GM states that NHTSA’s August 2014

denial of Mercedes-Benz USA’s petition

for parking lamps that exceeded

maximum photometric values, focused

on a concern that the parking lamps

could cause glare to oncoming drivers

(79 FR 50733).

The subject vehicles will expose

oncoming drivers to the combined

photometric output of the parking lamps

and headlamps. GM claims that, when

considering glare in real-world

application, the critical issue is not the

photometric output value of the parking

lamp alone, but the performance of the

parking lamp in conjunction with the

headlamps. GM asserts that most

appropriate way to assess this combined

effect is to measure the parking lamp-

headlamp combination at the traditional

headlamp glare points (points above the

horizon in the photometric beam pattern

that limit light output in the path of

oncoming drivers).

GM states that when two samples of

the subject vehicles’ parking lamp-

headlamp combinations were evaluated

in the laboratory against recognized

glare points, the output fell below, or

within, the acceptable value of

headlamp glare points specified in

FMVSS No. 108.

According to GM, it is possible for a

vehicle to incorporate parking lamps

and headlamps whose outputs are near,

or at the maximum allowed values

while remaining compliant. For

headlamps, that output would be at or

near the maximum specified

photometric values, and for parking

lamps that output would be at or near

125 candela (cd) at all test points above

the horizon. According to GM, a parking

lamp with this output value in close

proximity to the headlamp at or near

maximum output could create

combined output with a glare value

exceeding the maximum allowable

headlamp photometric glare values by

125 cd. GM asserts that the combination

would still be compliant, because the

headlamp’s glare measurement falls

within the permitted values for the

headlamp alone, and the parking lamp

values correspond to the permitted

values for parking lamps.

However, GM states that the parking

lamp-headlamp combination in the

subject vehicles are below the

prescribed glare values for a compliant

headlamp and well below the value of

the theoretical combined parking lamp-

headlamp output.

GM argues that the photometric

output of the subject vehicles’ parking

lamps will not cause a glare that

presents an unreasonable risk to the

safety of oncoming drivers.

(b) GM’s claim that the

noncompliance has no impact on turn

signal performance: GM recognizes

previous statements by NHTSA that a

parking lamp that exceeds the

maximum permitted photometric values

could mask the turn signal and thereby

impair the turn signal performance (See

79 FR 50733). GM argues that because

the parking lamps in the subject

vehicles are optically combined with

VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

khammond on DSKJM1Z7X2PROD with NOTICES

Subscribers can access the reported version of this case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a list of all the cited cases and legislation of a document.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a list of all the documents that have cited the case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the revised versions of legislation with amendments.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see any amendments made to the case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Notice of Funding Opportunity for Consolidated Rail Infrastructure and Safety Improvements

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users