83_FR_58015 83 FR 57793 - Notice of Funding Opportunity for the Federal-State Partnership for State of Good Repair Program

83 FR 57793 - Notice of Funding Opportunity for the Federal-State Partnership for State of Good Repair Program

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 222 (November 16, 2018)

Page Range57793-57802
FR Document2018-25044

This notice details the application requirements and procedures to obtain grant \1\ funding for eligible projects under the Federal-State Partnership for State of Good Repair Program (Partnership Program) made available by the Consolidated Appropriations Act, 2017, Public Law 115-31, Div. K, Tit. I (2017 Appropriations Act) and the Consolidated Appropriations Act, 2018, Div. L, Tit. I, Public Law 115- 141 (2018 Appropriations Act; collectively the Appropriations Acts). The opportunity described in this notice is made available under Catalog of Federal Domestic Assistance (CFDA) number 20.326, ``Federal- State Partnership for State of Good Repair.'' ---------------------------------------------------------------------------

Federal Register, Volume 83 Issue 222 (Friday, November 16, 2018)
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57793-57802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25044]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Funding Opportunity for the Federal-State Partnership 
for State of Good Repair Program

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

ACTION: Notice of Funding Opportunity (NOFO or notice).

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SUMMARY: This notice details the application requirements and 
procedures to obtain grant \1\ funding for eligible projects under the 
Federal-State Partnership for State of Good Repair Program (Partnership 
Program) made available by the Consolidated Appropriations Act, 2017, 
Public Law 115-31, Div. K, Tit. I (2017 Appropriations Act) and the 
Consolidated Appropriations Act, 2018, Div. L, Tit. I, Public Law 115-
141 (2018 Appropriations Act; collectively the Appropriations Acts). 
The opportunity described in this notice is made available under 
Catalog of Federal Domestic Assistance (CFDA) number 20.326, ``Federal-
State Partnership for State of Good Repair.''
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    \1\ The term ``grant'' is used throughout this document and is 
intended to reference funding awarded through a grant agreement, as 
well as funding awarded to recipients through a cooperative 
agreement.

DATES: Applications for funding under this solicitation are due no 
later than 5 p.m. EDT, March 18, 2019. Applications for funding or 
supplemental material in support of an application received after 5 
p.m. EDT, on March 18, 2019 will not be considered for funding. 
Incomplete applications for funding will not be considered for funding. 
See Section D of this notice for additional information on the 
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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 Amy Houser, Office of Program Delivery, Federal Railroad 
Administration, 1200 New Jersey Avenue SE, Room W36-412, Washington, DC 
20590. However, due to delays caused by enhanced screening of mail 
delivered via the U.S. Postal Service, applicants are advised to use 
other means of conveyance (such as courier service) to assure timely 
receipt of materials before the application deadline.

FOR FURTHER INFORMATION CONTACT: For further information regarding 
project-related information in this notice, please contact Bryan Rodda, 
Office of Policy and Planning, Federal Railroad Administration, 1200 
New Jersey Avenue SE, Room W38-203, Washington, DC 20590; email: 
[email protected]; phone: 202-493-0443. Grant application submission 
and processing questions should be addressed to Amy Houser, Office of 
Program Delivery, Federal Railroad Administration, 1200 New Jersey 
Avenue SE, Room W36-412, Washington, DC 20590; email: 
[email protected]; phone: 202-493-0303.

SUPPLEMENTARY INFORMATION: 
    Notice to applicants: FRA recommends that applicants read this 
notice in its entirety prior to preparing application materials. A list 
providing the definitions of key terms used throughout the NOFO are 
listed under

[[Page 57794]]

the Program Description in Section A(2). These key terms are 
capitalized throughout the NOFO. There are several administrative and 
eligibility requirements described herein that applicants must comply 
with to submit an application. Additionally, applicants should note 
that the required Project Narrative component of the application 
package may not exceed 25 pages in length.

Table of Contents

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

A. Program Description

1. Overview

    The purpose of this notice is to solicit applications for grants 
for capital projects within the United States to repair, replace, or 
rehabilitate Qualified Railroad Assets to reduce the state of good 
repair backlog and improve Intercity Passenger Rail performance under 
the Partnership Program. The Partnership Program provides a Federal 
funding opportunity to leverage private, state, and local investments 
to significantly improve American rail infrastructure. The Partnership 
Program is authorized in Sections 11103 and 11302 of the Passenger Rail 
Reform and Investment Act of 2015 (Title XI of the Fixing America's 
Surface Transportation (FAST) Act, Public Law 114-94 (2015)) and is 
funded by the Appropriations Acts.
    The Department recognizes the importance of applying life cycle 
asset management principles throughout America's infrastructure. It is 
important for rail infrastructure owners and operators, as well as 
those who may apply on their behalf, to plan for the maintenance and 
replacement of assets and the associated costs. In light of recent 
fatal passenger rail accidents, the Department particularly recognizes 
the opportunity to enhance safety in both track and equipment through 
this grant program.
    The Partnership Program is intended to benefit both the Northeast 
Corridor (``NEC'') and the large number of publicly-owned or Amtrak-
owned infrastructure, equipment, and facilities located in other areas 
of the country, including strengthening transportation options for 
rural American communities. Applicants should note that different 
requirements apply to NEC and non-NEC Partnership projects, with 
certain eligibility requirements applying only to proposed projects 
located on the Northeast Corridor, as defined in Section A(2)(f) in 
this notice. These NEC-specific requirements are described in Section 
C(3)(b). Further, the Partnership Program has different planning and 
cost-sharing requirements for Qualified Railroad Assets between 
proposed NEC and non-NEC projects. These differences are described in 
detail in Section D(2)(a)(v-vi).

2. Definitions of Key Terms

    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 sensitivity of results evaluated by FRA. Please refer to 
the Benefit-Cost Analysis (BCA) 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 Partnership applications.
    b. ``Capital Project'' is defined to mean a project primarily 
intended to replace, rehabilitate, or repair major infrastructure 
assets utilized for providing Intercity Passenger Rail service, 
including tunnels, bridges, and stations; or a project primarily 
intended to improve Intercity Passenger Rail performance, including 
reduced trip times, increased train frequencies, and higher operating 
speeds consistent with 49 U.S.C. 24911(a)(2).
    c. ``Commuter Rail Passenger Transportation'' means short-haul rail 
passenger transportation in metropolitan and suburban areas usually 
having reduced fare, multiple ride, and commuter tickets and morning 
and evening peak period operations. See 49 U.S.C. 24102(3).
    d. ``Intercity Rail Passenger Transportation'' is defined by 49 
U.S.C. 24102(4) to mean rail passenger transportation, except Commuter 
Rail Passenger Transportation. In this notice, ``Intercity Passenger 
Rail'' is an equivalent term to ``Intercity Rail Passenger 
Transportation.''
    e. ``Major Capital Project'' means a Capital Project with a 
proposed total project cost of $300 million or more.
    f. ``Northeast Corridor'' (``NEC'') means the main rail line 
between Boston, Massachusetts, and the District of Columbia; the branch 
rail lines connecting to Harrisburg, Pennsylvania, Springfield, 
Massachusetts, and Spuyten Duyvil, New York; and facilities and 
services used to operate and maintain these lines.
    g. A ``Qualified Railroad Asset'' is defined by 49 U.S.C. 
24911(a)(5) to mean infrastructure, equipment, or a facility that:
    i. Is owned or controlled by an eligible Partnership Program 
applicant;
    ii. is contained in the Northeast Corridor Capital Investment Plan 
prepared under 49 U.S.C. 24904, or an equivalent planning document; and 
for which the Northeast Corridor Commuter and Intercity Rail Cost 
Allocation Policy developed under 49 U.S.C. 24905, or a similar cost-
allocation policy has been developed;
    iii. was not in a State of Good Repair on December 4, 2015 (the 
date of enactment of the FAST Act).
    See Section D(2)(a), Project Narrative, for further details about 
the Qualified Railroad Asset requirements and application submission 
instructions related to Qualified Railroad Assets.
    h. ``State of Good Repair'' is defined by 49 U.S.C. 24102(12) to 
mean a condition in which physical assets, both individually and as a 
system, are performing at a level at least equal to that called for in 
their as-built or as-modified design specification during any period 
when the life cycle cost of maintaining the assets is lower than the 
cost of replacing them; and sustained through regular maintenance and 
replacement programs.

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is 
$272,250,000 after $2,750,000 is set aside for FRA award and project 
management oversight as provided in the Appropriations Acts.

2. Award Size

    While there are no predetermined minimum or maximum dollar 
thresholds for awards, FRA anticipates making multiple awards with the 
available funding. FRA encourages applicants to propose projects or 
components of projects that can be completed and implemented with the 
level of funding available. Projects may

[[Page 57795]]

require more funding than is available. In these cases, applicants must 
identify and apply for specific project components that have 
operational independence and can be completed with the level of funding 
available. (See Section C(3)(c) for more information.)
    Applicants proposing a Major Capital Project are encouraged to 
identify and describe phases or elements that could be candidates for 
subsequent Partnership Program funding, if such funding becomes 
available. Applications for a Major Capital Project that would seek 
future funds beyond fiscal year 2017 and 2018 funding made available in 
this notice should indicate anticipated annual Federal funding requests 
from this program for the expected duration of the project. FRA may 
issue Letters of Intent to Partnership Program grantees proposing Major 
Capital Projects under 49 U.S.C. 24911(g); such Letters of Intent would 
serve to announce the FRA's intention to obligate an amount from future 
available budget authority toward a grantee's future project phases or 
elements. A Letter of Intent is not an obligation of the Federal 
government and is subject to the availability of appropriations for 
Partnership Program grants and subject to Federal laws in force or 
enacted after the date of the Letter of Intent.

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 under 2 CFR 
200.24. The funding provided under these cooperative agreements will be 
made available to grantees on a reimbursable basis. Applicants must 
certify that their expenditures are allowable, allocable, reasonable, 
and necessary to the approved project before seeking reimbursement from 
FRA. Additionally, the grantee must expend matching funds at the 
required percentage alongside Federal funds throughout the life of the 
project.

4. Concurrent Applications

    As 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 Partnership Program funding, applicants must indicate the other 
programs 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 Partnership Program 
application that differs from the application(s) submitted for other 
financial assistance programs.

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 for all project 
types permitted under this notice:
    (1) A State (including the District of Columbia);
    (2) a group of States;
    (3) an Interstate Compact;
    (4) a public agency or publicly chartered authority established by 
one or more States; \2\
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    \2\ See Section D(2)(a)(iv) for supporting documentation 
required to demonstrate eligibility under this eligibility category.
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    (5) a political subdivision of a State;
    (6) Amtrak, acting on its own behalf or under a cooperative 
agreement with one or more States; or
    (7) any combination of the entities described in (1) through (6).
    Selection preference will be provided for applications jointly 
submitted by multiple eligible applicants, as further discussed in 
Section E(1)(c). Joint applicants 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 recipient of 
the Partnership Program grant award. Eligible applicants may reference 
entities that are not eligible applicants (e.g., private sector firms) 
in an application as a project partner. However, FRA will provide 
selection preference to joint applications submitted by multiple 
eligible applicants only.

2. Cost Sharing or Matching

    The Federal share of total costs for a project funded under the 
Partnership Program shall not exceed 80 percent, though FRA will 
provide selection preference to applications where the proposed Federal 
share of total project costs does not exceed 50 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 facilities. The minimum 20 percent non-Federal 
share may be comprised of public sector (e.g., state or local) or 
private sector funding. However, FRA will not consider any other 
Federal grants, nor any non-Federal funds already expended (or 
otherwise encumbered), that do not comply with 2 CFR 200.458 toward the 
matching requirement.
    FRA is limiting the first 20 percent of the non-Federal match to 
cash contributions only. FRA will not accept ``in-kind'' contributions 
for the first 20 percent in matching funds. Eligible in-kind 
contributions may be accepted for any non-Federal matching beyond the 
first 20 percent. 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.
    FRA strongly encourages applicants to identify and include other 
state, local, public agency or authority, or private funding or 
financing to support the proposed project. Non-federal shares 
consisting of funding from multiple sources to demonstrate broad 
participation and cost sharing from affected stakeholders, will be 
given preference. If Amtrak is an applicant, whether acting on its own 
behalf or as part of a joint application, Amtrak's ticket and other 
non-Federal revenues generated from its business operations and other 
sources may be used as matching funds. Applicants must identify the 
source(s) of their matching and other funds, and must clearly and 
distinctly reflect these funds as part of the total project cost in the 
application budget.
    FRA may not be able to award grants to all eligible applications, 
nor even to all applications that meet or exceed the stated evaluation 
criteria (see Section E, Application Review Information). Before 
submitting an application, applicants should carefully review the 
principles for cost sharing or matching in 2 CFR 200.306. FRA will 
approve pre-award costs consistent with 2 CFR 200.458. See Section 
D(6). Additionally, in preparing estimates of total project costs, 
applicants should refer to FRA's cost estimate guidance, ``Capital Cost 
Estimating: Guidance for Project

[[Page 57796]]

Sponsors,'' which is available at: https://www.fra.dot.gov/Page/P0926.

3. Other

a. Project Eligibility
    Eligible projects within the United States repair, replace, or 
rehabilitate Qualified Railroad Assets and improve Intercity Passenger 
Rail performance. Eligible Capital Projects include those that:
    (1) Replace existing assets in-kind;
    (2) Replace existing assets with assets that increase capacity or 
provide a higher level of service;
    (3) Ensure that service can be maintained while existing assets are 
brought to a State of Good Repair; and
    (4) Bring existing assets into a State of Good Repair.
    Qualified Railroad Assets, as further defined in Section A(2), are 
owned or controlled by an eligible applicant and may include: 
infrastructure, including track, ballast, switches and interlockings, 
bridges, communication and signal systems, power systems, highway-rail 
grade crossings, and other railroad infrastructure and support systems 
used in intercity passenger rail service; stations, including station 
buildings, support systems, signage, and track and platform areas; 
equipment, including passenger cars, locomotives, and maintenance-of-
way equipment; and facilities, including yards and terminal areas and 
maintenance shops.
    Capital Projects, as further defined in Section A(2), may include 
final design; however, final design costs will only be eligible in 
conjunction with an award for project construction. Environmental and 
related clearances, including all work necessary for FRA to approve the 
project under the National Environmental Policy Act (NEPA) and related 
statutes and regulations are not eligible for funding under this 
notice. (See Section D(2)(a)(ix) for additional information.) Eligible 
projects with completed environmental and engineering documents, and, 
for projects located on the NEC, where Amtrak and the public 
authorities providing Commuter Rail Passenger Transportation on the NEC 
are in compliance with the cost allocation policy required at 49 U.S.C. 
24905(c)(2), indicate strong project readiness. This allows FRA to 
maximize the funds available in this notice (see Section E(1)(c) for 
more information on Selection Criteria).
b. Additional Eligibility Requirements for Northeast Corridor (NEC) 
Projects
    This sub-section provides additional eligibility requirements for 
projects where the proposed project location includes a portion of the 
NEC (NEC Projects). Applicants proposing non-NEC projects are not 
subject to the requirements in this sub-section, and may proceed to the 
next sub-section C(3)(c).
    In the Partnership Program, the NEC is defined as the main rail 
line between Boston, Massachusetts and the District of Columbia, and 
the branch rail lines connecting to Harrisburg, Pennsylvania, 
Springfield, Massachusetts, and Spuyten Duyvil, New York.
    Passenger railroad owners and operators on the NEC are subject to a 
cost allocation policy under 49 U.S.C. 24905(c)(2), and, via the NEC 
Commission, are required to annually adopt a five-year Northeast 
Corridor Capital Investment Plan for the NEC under 49 U.S.C. 24904(a). 
When selecting projects on the NEC, FRA will consider the appropriate 
sequence and phasing of projects as contained in the currently approved 
Northeast Corridor Capital Investment Plan.
    NEC applicants must provide the status of compliance by Amtrak and 
the public authorities providing Commuter Rail Passenger Transportation 
at the eligible project location with the cost allocation policy 
required at 49 U.S.C. 24905(c)(2). FRA may not obligate a grant for a 
NEC Project unless each of the above service providers at the eligible 
project location are in compliance with that cost allocation policy. 
Such providers must maintain compliance with the cost allocation policy 
for the duration of the project.
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 and comply with all eligibility 
requirements described in Section C.
    In addition, the component(s) must be capable of independent 
analysis and decision making, as determined by FRA, under NEPA (i.e., 
have independent utility, connect logical termini, and not restrict the 
consideration of alternatives for other reasonably foreseeable rail 
projects.) Components must also generate independent utility and will 
be evaluated as such in the BCA.

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 
that will not count against the Project Narrative page limit.

1. Address To Request Application Package

    Applicants must submit all application materials in their entirety 
through www.Grants.gov no later than 5:00 p.m. EDT, on March 18, 2019. 
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.
    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 Amy Houser, 
Office of Program Delivery, Federal Railroad Administration, 1200 New 
Jersey Avenue SE, Room W36-412, Washington, DC 20590. However, due to 
delays caused by enhanced screening of mail delivered via the U.S. 
Postal Service, FRA advises applicants to use other means of conveyance 
(such as courier service) to assure timely receipt of materials before 
the application deadline. Additionally, if documents can be obtained 
online, explaining to FRA how to access files on a referenced website 
may also be sufficient.

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. Additionally, 
applicants selected to receive funding must generally satisfy the grant 
readiness checklist requirements on https://www.fra.dot.gov/Page/P0268 
as a precondition to FRA issuing a grant award, as well as the 
requirements in 49 U.S.C. 24405 explained in part at https://www.fra.dot.gov/page/P0185.
    Required documents for an application package are outlined in the 
checklist below.
     Project Narrative (see D.2.a).
     Statement of Work (see D.2.b.i).
     Benefit-Cost Analysis (see D.2.b.ii).
     Environmental Compliance Documentation (see D.2.b.iii).
     SF424--Application for Federal Assistance.
     SF 424C--Budget Information for Construction, or, for an 
equipment

[[Page 57797]]

procurement project without any construction costs, or SF 424A--Budget 
Information for Non-Construction.
     SF 424D--Assurances for Construction, or, for an equipment 
procurement project without any construction costs, or SF 424B--
Assurances for Non-Construction.
     FRA's Additional Assurances and Certifications.
     SF LLL--Disclosure of Lobbying Activities.
a. Project Narrative
    This section describes the minimum content required in the Project 
Narrative of grant applications. The Project Narrative must follow the 
basic outline below to address the program requirements and assist 
evaluators in locating relevant information.

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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 Criteria.....  See D.2.a.iv.
V. Non-NEC Project Eligibility Criteria  See D.2.a.v.
VI. NEC Project Eligibility Criteria...  See D.2.a.vi.
VII. Detailed Project Description......  See D.2.a.vii.
VIII. Project Location.................  See D.2.a.viii.
IX. Grade Crossing Information, if       See D.2.a.ix.
 applicable.
X. Evaluation and Selection Criteria...  See D.2.a.x.
XI. Project Implementation and           See D.2.a.xi.
 Management.
XII. Environmental Readiness...........  See D.2.a.xii.
------------------------------------------------------------------------

    These requirements must be satisfied through 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 for award 
applications with Project Narratives exceeding 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 relevant portion of the supporting 
document with the page numbers of the cited information in the Project 
Narrative. The Project Narrative must adhere to the following outline.
    i. Cover Page: Include a cover page that lists the following 
elements in either a table or formatted list: project title; location 
(e.g., city, State, Congressional district); lead applicant 
organization name; name of any co-applicants; amount of Federal funding 
requested; and proposed non-Federal match.
    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 the amount of Federal funding 
requested, the proposed non-Federal match, and total project cost. 
Identify the source(s) of matching and other funds, and clearly and 
distinctly reflect these funds as part of the total project cost in the 
application budget. 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 type and estimated value of any proposed in-
kind contributions, as well as substantiate how the in-kind 
contributions meet the requirements in 2 CFR 200.306. For a Major 
Capital Project that would seek future funds beyond fiscal years 2017 
and 2018 funding made available in this notice, provide the anticipated 
annual Federal funding requests from this grant program for the 
expected duration of the project. Finally, specify whether Federal 
funding for the project has previously been sought, and identify the 
Federal program and fiscal year of the funding request(s), as well as 
highlight new or revised information in the Partnership Program 
application that differs from the application(s) to other financial 
assistance programs.
    iv. Applicant Eligibility Criteria: Explain how the applicant meets 
the applicant eligibility criteria outlined in Section C of this 
notice, including references to creation or enabling legislation for 
public agencies and publicly chartered authorities established by one 
or more States. Joint applications must include a description of the 
roles and responsibilities of each applicant, including budget and sub-
recipient information showing how the applicants will share project 
costs, and must be signed by an authorized representative of each.
    v. Non-NEC Project Eligibility Criteria: This sub-section provides 
project eligibility requirements for projects not on the NEC. 
(Applicants proposing NEC Projects may proceed to the next sub-section 
D(2)(a)(vi).) For non-NEC projects, explain how the project meets the 
project eligibility criteria in Section C of this notice. Describe how 
the project is a Qualified Railroad Asset under 49 U.S.C. 24911(a)(5), 
as follows:
    (A) To demonstrate ownership or control by the applicant under 49 
U.S.C. 24911(a)(5)(A), show either:
    (1) The applicant owns or will, at project completion, have 
ownership of the infrastructure, equipment, or facility improved by the 
project; or
    (2) The applicant controls or will, at project completion, have 
control over the infrastructure, equipment, or facility improved by the 
project by agreement with the owner(s). An agreement should specify the 
extent of the applicant's management and decision-making authority 
regarding the infrastructure, equipment, or facility improved by the 
project. Agreements involving railroad rights-of-way projects should 
also demonstrate the applicant has dispatching rights for the right-of-
way and maintenance-of-way responsibilities.
    (B) To demonstrate the planning requirement under 49 U.S.C. 
24911(a)(5)(B), show that the project is included in the applicant's 
current State Rail Plan(s) and, as applicable, in the current 
Transportation Improvement Programs (TIP) or Statewide Transportation 
Improvement Programs (STIP) plan.
    (C) To demonstrate the cost-sharing requirement under 49 U.S.C. 
24911(a)(5)(B), the applicant must:
    (1) Be an operator or contributing funding partner of Intercity 
Rail Passenger transportation who is subject to the Cost Methodology 
Policy adopted under Section 209 of the Passenger Rail Investment and 
Improvement Act of 2008 (PRIIA), Public Law 110-432, Oct. 16, 2008; or
    (2) demonstrate the applicant(s) involvement in a similar cost-
sharing agreement for the project as described in (1).
    (D) To demonstrate the state of good repair requirement under 49 
U.S.C. 24911(a)(5)(B):
    (1) Describe the condition and performance of the infrastructure, 
equipment, or facility as of the time of enactment of the FAST Act 
(Dec. 4, 2015);
    (2) indicate how the infrastructure, equipment, or facility's 
condition or performance falls short of the definition of ``state of 
good repair'' in Section A(2) (49 U.S.C. 24102(12) parts (A) and/or 
(B)); and
    (3) indicate, if known, when the infrastructure, equipment, or 
facility last received comprehensive repair, replacement, or 
rehabilitation work similar to the applicant's proposed scope of work.
    vi. NEC Project Eligibility Criteria: This sub-section provides 
project eligibility requirements for NEC

[[Page 57798]]

Projects. (Applicants proposing non-NEC projects may proceed to the 
next sub-section D(2)(a)(vii).) For NEC applicants, explain how the NEC 
Project meets the project eligibility criteria in Section C(3)(b) of 
this notice including the requirements in 49 U.S.C. 24911(e). Describe 
how the NEC Project is a Qualified Railroad Asset under 49 U.S.C. 
24911(a)(5), as follows:
    (A) To demonstrate ownership or control by the applicant under 49 
U.S.C. 24911(a)(5)(A), show either:
    (1) The applicant owns or will, at project completion, have 
ownership of the infrastructure, equipment, or facility improved by the 
project; or
    (2) The applicant controls or will, at project completion, have 
control over the infrastructure, equipment, or facility improved by the 
project by agreement with the owner(s). An agreement should specify the 
extent of the applicant's management and decision-making authority 
regarding the infrastructure, equipment, or facility improved by the 
project. Agreements involving railroad rights-of-way projects should 
also demonstrate the applicant has dispatching rights for the right-of-
way and maintenance-of-way responsibilities.
    (B) To demonstrate the planning requirement under 49 U.S.C. 
24911(a)(5)(B), the NEC applicant must show that the infrastructure, 
equipment, or facility is included in the current approved Five-Year 
Capital Investment Plan prepared by the NEC Commission under 49 U.S.C. 
24904(a).
    (C) To demonstrate the cost-sharing requirement under 49 U.S.C. 
24911(a)(5)(B), the infrastructure, equipment, or facility must be 
subject to the NEC Cost Allocation Policy developed under 49 U.S.C. 
24905(c)(2).
    (D) To demonstrate the state of good repair requirement under 49 
U.S.C. 24911(a)(5)(C), the NEC applicant must:
    (1) Describe the condition and performance of the infrastructure, 
equipment, or facility as of the time of enactment of the FAST Act 
(Dec. 4, 2015);
    (2) indicate how the infrastructure, equipment, or facility's 
condition or performance falls short of the definition of ``state of 
good repair'' in Section A(2) (49 U.S.C. 24102(12) parts (A) and/or 
(B)); and
    (3) indicate, if known, when the infrastructure, equipment, or 
facility last received comprehensive repair, replacement, or 
rehabilitation work similar to the applicant's proposed scope of work.
    vii. Detailed Project Description: Include a detailed project 
description that expands upon the brief summary required above. This 
detailed description must provide, at a minimum: Additional 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. Applicants with Major Capital Projects are encouraged to 
identify and describe project phases or elements that would be 
candidates for subsequent Partnership Program funding if such funding 
becomes available. Include information to demonstrate the project is 
reasonably expected to begin construction in a timely manner. For all 
projects, applicants must provide information about proposed 
performance measures, as described in Section F(3)(c) and required in 2 
CFR 200.301.
    viii. Project Location: Include geospatial data for the project, as 
well as a map of the project's location. Include the Congressional 
districts in which the project will take place.
    ix. 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.
    x. Evaluation and Selection Criteria: Include a thorough discussion 
of how the proposed project meets all of the evaluation and selection 
criteria, as outlined in Section E of this notice. If an application 
does not sufficiently address the evaluation criteria and the selection 
criteria, it is unlikely to be a competitive application.
    xi. Project Implementation and Management: Describe proposed 
project implementation and project management arrangements. Include 
descriptions of the expected arrangements for project contracting, 
contract oversight, change-order management, risk management, and 
conformance to Federal requirements for project progress reporting. 
Describe past experience in managing and overseeing similar projects. 
For Major Capital Projects, explain plans for a rigorous project 
management and oversight approach.
    xii. Environmental Readiness: If the NEPA process is complete, 
indicate the date of completion, and provide a website link or other 
reference to the final Categorical Exclusion, Finding of No Significant 
Impact, Record of Decision, and any other NEPA documents prepared. If 
the NEPA process is not complete, the application should detail the 
type of NEPA review underway, if applicable, where the project is in 
the process, and indicate the anticipated date of completion of all 
milestones and of the final NEPA determination. If the last agency 
action with respect to NEPA documents occurred more than three years 
before the application date, the applicant should describe why the 
project has been delayed and why NEPA documents have not been updated 
and include a proposed approach for verifying and, if necessary, 
updating this material in accordance with applicable NEPA requirements. 
Additional information regarding FRA's environmental processes and 
requirements are located at https://www.fra.dot.gov/eLib/Details/L05286.
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. For 
Major Capital Projects, the SOW must include annual budget estimates 
and anticipated Federal funding for the expected duration of the 
project. The SOW must contain sufficient detail so FRA, and the 
applicant, can understand the expected outcomes of the proposed work to 
be performed and can monitor progress toward completing project tasks 
and deliverables during a prospective grant's period of performance. 
Applicants must use FRA's standard SOW template to be considered for 
award. The SOW template is located at https://www.fra.dot.gov/eLib/Details/L18661. When preparing the budget, the total cost of a project 
must be based on the best available information as indicated in cited 
references that include engineering studies, economic feasibility 
studies, environmental analyses, and information on the expected use of 
equipment or facilities.
    ii. A Benefit-Cost Analysis consistent with 49 U.S.C. 
24911(d)(2)(A) that demonstrates the merit of investing in the proposed 
project. The analysis should be systematic, data driven, and examine 
the trade-offs between reasonably expected project costs and benefits. 
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/

[[Page 57799]]

benefit-cost-analysis-guidance. In addition, please also refer to the 
BCA FAQs on FRA's website (https://www.fra.dot.gov/grants) for some 
rail-specific examples of how to apply the Benefit-Cost Analysis 
Guidance for Discretionary Grant Programs to Partnership applications. 
The complexity and level of detail in the Benefit-Cost Analysis 
prepared for the Partnership Program should reflect the scope and scale 
of the proposed project.
    iii. Environmental compliance documentation, if a website link is 
not cited in the Project Narrative.
    iv. SF 424--Application for Federal Assistance.
    v. SF 424C--Budget Information for Construction, or, for an 
equipment procurement project without any other construction elements, 
the SF 424A--Budget Information for Non-Construction.
    vi. SF 424D--Assurances for Construction, or, for an equipment 
procurement project without any other construction elements, the SF 
424B--Assurances for Non-Construction.
    vii. FRA's Additional Assurances and Certifications.
    viii. An SF LLL--Disclosure of Lobbying Activities.
    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, System for Award Management (SAM), and 
Submission Instructions

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

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

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no 
later than 5:00 p.m. EDT, March 18, 2019. FRA reviews www.Grants.gov 
information on dates/times of applications submitted to determine 
timeliness of submissions. 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)

[[Page 57800]]

Failure to complete the Grants.gov registration process before the 
deadline; (2) failure to follow Grants.gov instructions on how to 
register and apply as posted on its website; (3) failure to follow all 
the instructions in this NOFO; and (4) technical issues experienced 
with the applicant's computer or information technology environment.

5. Intergovernmental Review

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

6. Funding Restrictions

    FRA will not fund any preliminary engineering, environmental work, 
or related clearances under this NOFO. FRA will only consider funding a 
project's final design activities if the applicant is also seeking 
funding for construction activities. 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 consistent with 2 
CFR 200.458. Under 2 CFR 200.458, grant recipients must seek written 
approval from FRA for pre-award activities to be eligible for 
reimbursement under the grant. Activities initiated prior to the 
execution of a grant or without FRA's written approval may not be 
eligible for reimbursement or included as a grantee's matching 
contribution.
    FRA is prohibited under 49 U.S.C. 24405(f) \3\ from providing 
Partnership Program grants for Commuter Rail Passenger Transportation. 
FRA's interpretation of this provision is informed by the language in 
49 U.S.C. 24911, and specifically the definitions of capital project in 
Sec.  24911(2)(a) and (b). FRA's primary intent in funding Partnership 
Program projects is to make reasonable investments in Capital Projects 
used in Intercity Rail Passenger Transportation. Such projects may be 
located on shared corridors where Commuter Rail Passenger 
Transportation also benefits from the project.
---------------------------------------------------------------------------

    \3\ Under 49 U.S.C. 24911(i), Partnership grants are subject to 
the conditions in 49 U.S.C. 24405.
---------------------------------------------------------------------------

E. Application Review Information

1. Criteria

a. Eligibility and Completeness Review
    FRA will first screen each application for applicant and project 
eligibility (eligibility requirements are outlined in Section C of this 
notice), completeness (application documentation and submission 
requirements are outlined in Section D of this notice), and the 20 
percent minimum match in determining whether the application is 
eligible.
    FRA will then consider the applicant's past performance in 
developing and delivering similar projects, and previous financial 
contributions.
b. Evaluation Criteria
    FRA subject-matter experts will evaluate all eligible and complete 
applications using the evaluation criteria outlined in this section to 
determine technical merit and project benefits.
    i. 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) The technical qualifications and demonstrated experience of key 
personnel proposed to lead and perform the technical efforts, and the 
qualifications of the primary and supporting organizations to fully and 
successfully execute the proposed project within the proposed timeframe 
and budget.
    (C) The proposed project's business plan considers potential 
private sector participation in the financing, construction, or 
operation of the proposed project.
    (D) The applicant has, or will have the legal, financial, and 
technical capacity to carry out the project; satisfactory continuing 
control over the use of the equipment or facilities; and the capability 
and willingness to maintain the equipment or facilities.
    (E) Eligible Projects have completed necessary pre-construction 
activities and indicate strong project readiness.
    (F) For NEC Projects, the sequence and phasing of the proposed 
project is consistent with the Five-Year Capital Investment Plan 
prepared by the NEC Commission under 49 U.S.C. 24904(a).
    (G) The project is consistent with planning guidance and documents 
set forth by the Secretary of Transportation or required by law.
    ii. Project Benefits: FRA will evaluate the benefit-cost analysis 
of the proposed project for the anticipated private and public benefits 
relative to the costs of the proposed project including--
    (A) Effects on system and service performance;
    (B) Effects on safety, competitiveness, reliability, trip or 
transit time, and resilience;
    (C) Efficiencies from improved integration with other modes; and
    (D) Ability to meet existing or anticipated demand.
c. Selection Criteria
    In addition to the eligibility and completeness review and the 
evaluation criteria outlined in this subsection, the FRA Administrator 
will apply the following selection criteria.
    i. FRA will give preference to projects for which:
    (A) Amtrak is not the sole applicant;
    (B) Applications were submitted jointly by multiple applicants;
    (C) Proposed Federal share of total project costs does not exceed 
50 percent;
    ii. After applying the above preferences, the FRA Administrator 
will take in account the following key Departmental priorities:
    (A) Supporting economic vitality at the national and regional 
level;
    (B) Leveraging Federal funding to attract other, non-Federal 
sources of infrastructure investment;
    (C) Preparing for future operations and maintenance costs 
associated with their project's life-cycle, as demonstrated by a 
credible plan to maintain assets without having to rely on future 
Federal funding;
    (D) Using innovative approaches to improve safety and expedite 
project delivery; and
    (E) Holding grant recipients accountable for their performance and 
achieving specific, measurable outcomes identified by grant applicants.
    (F) Proposed non-Federal share is comprised of more than one 
source, including private sources, demonstrating broad participation by 
affected stakeholders; and
    (G) Applications indicate strong project readiness.

2. Review and Selection Process

    FRA will conduct a three-part application review process, as 
follows:
    a. Screen applications for completeness and eligibility;
    b. Evaluate eligible applications (completed by technical panels 
applying the evaluation criteria); and
    c. Select projects for funding (completed by the FRA Administrator 
applying the selection criteria).

[[Page 57801]]

F. Federal Award Administration Information

1. Federal Award Notice

    Applications selected for funding will be announced in a press 
release and on FRA's website after the application review period. 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. A formal grant agreement or cooperative agreement signed by 
both the grantee and the FRA, including an approved scope, schedule, 
and budget, is required before the award is considered complete. See an 
example of standard terms and conditions for FRA grant awards at 
https://www.fra.dot.gov/Elib/Document/14426.

2. Administrative and National Policy Requirements

    Due to funding limitations, projects that are selected for funding 
may receive less than the amount originally requested. In those cases, 
applicants must be able to demonstrate the proposed projects are still 
viable and can be completed with the amount awarded.
    Grantees and entities receiving funding from the grantee must 
comply with all applicable laws and regulations. A non-exclusive list 
of administrative and national policy requirements that grantees must 
follow includes: 2 CFR part 200; procurement standards; compliance with 
Federal civil rights laws and regulations; disadvantaged business 
enterprises; debarment and suspension; drug-free workplace; FRA's and 
OMB's Assurances and Certifications; Americans with Disabilities Act; 
safety oversight; NEPA; environmental justice; and the requirements in 
49 U.S.C. 24405 including the Buy America requirements and the 
provision deeming operators rail carriers and employers for certain 
purposes.

3. Reporting

a. Reporting Matters Related to Integrity and Performance
    Before making a Federal award with a total amount of Federal share 
greater than the simplified acquisition threshold of $250,000 (see OMB 
M-18-18, Implementing Statutory Changes to the Micro-Purchase and the 
Simplified Acquisition Thresholds for Financial Assistance, 2 CFR 
200.88), FRA will review and consider any information about the 
applicant that is in the designated integrity and performance system 
accessible through SAM (currently the Federal Awardee Performance and 
Integrity Information System (FAPIIS)) (see 41 U.S.C. 2313).
    An applicant, at its option, may review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a Federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the 
other information in the designated integrity and performance system, 
in making a judgment about the applicant's integrity, business ethics, 
and record of performance under Federal awards when completing the 
review of risk posed by applicants as described in 2 CFR 200.205.
b. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with 
all standard FRA reporting requirements, including quarterly progress 
reports, quarterly Federal financial reports, and interim and final 
performance reports, as well as all applicable auditing, monitoring and 
close out requirements. Reports may be submitted electronically.
    The applicant must comply with all relevant requirements of 2 CFR 
part 200.
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 and the grantee to assess progress in achieving strategic goals 
and objectives. Examples of some rail performance measures are listed 
in the table below. The applicable measure(s) will depend upon the type 
of project. Applicants requesting funding for rolling stock must 
integrate at least one equipment/rolling stock performance measure, 
consistent with the grantee's application materials and program goals.

                                                                   Performance Measure
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Primary strategic   Secondary strategic
          Rail measures              Unit measured           Temporal               goal                 goal                     Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles................  Miles..............  Annual.............  State of Good        Safety.............  The number of miles per year
                                                                             Repair.                                   within the project area that have
                                                                                                                       temporary speed restrictions
                                                                                                                       (``slow orders'') imposed due to
                                                                                                                       track condition. This is an
                                                                                                                       indicator of the overall
                                                                                                                       condition of track. This measure
                                                                                                                       can be used for projects to
                                                                                                                       rehabilitate sections of a rail
                                                                                                                       line since the rehabilitation
                                                                                                                       should eliminate, or at least
                                                                                                                       reduce the slow orders upon
                                                                                                                       project completion.
Rail Track Grade Separation.....  Count..............  Annual.............  Economic             Safety.............  The number of annual automobile
                                                                             Competitiveness.                          crossings that are eliminated at
                                                                                                                       an at-grade crossing as a result
                                                                                                                       of a new grade separation.
Passenger Counts................  Count..............  Annual.............  Economic             State of Good        Count of the annual passenger
                                                                             Competitiveness.     Repair.              boardings and alightings at
                                                                                                                       stations within the project area.
Travel Time.....................  Time/Trip..........  Annual.............  Economic             Quality of Life....  Point-to-point travel times
                                                                             Competitiveness.                          between pre-determined station
                                                                                                                       stops within the project area.
                                                                                                                       This measure demonstrates how
                                                                                                                       track improvements and other
                                                                                                                       upgrades improve operations on a
                                                                                                                       rail line. It also helps make
                                                                                                                       sure the railroad is maintaining
                                                                                                                       the line after project
                                                                                                                       completion.
Track Miles.....................  Miles..............  One Time...........  State of Good        Economic             The number of track miles that
                                                                             Repair.              Competitiveness.     exist within the project area.
                                                                                                                       This measure can be beneficial
                                                                                                                       for projects building sidings or
                                                                                                                       sections of additional main line
                                                                                                                       track on a railroad.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 57802]]

G. Federal Awarding Agency Contacts

    For further information regarding this notice and the grants 
program, please contact Amy Houser, Office of Program Delivery, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-412, 
Washington, DC 20590; email: [email protected].

Ronald L. Batory,
Administrator.
[FR Doc. 2018-25044 Filed 11-15-18; 8:45 am]
BILLING CODE 4910-06-P



                                                                         Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices                                            57793

                                             document provides the public notice                     New Jersey Avenue SE, W12–140,                        Div. L, Tit. I, Public Law 115–141 (2018
                                             that on November 2, 2018, the Regional                  Washington, DC 20590.                                 Appropriations Act; collectively the
                                             Transportation District (RTD) and the                     • Hand Delivery: 1200 New Jersey                    Appropriations Acts). The opportunity
                                             City of Aurora, Colorado, petitioned the                Avenue SE, Room W12–140,                              described in this notice is made
                                             Federal Railroad Administration (FRA)                   Washington, DC 20590, between 9 a.m.                  available under Catalog of Federal
                                             for a waiver of compliance from certain                 and 5 p.m., Monday through Friday,                    Domestic Assistance (CFDA) number
                                             provisions of the Federal railroad safety               except Federal Holidays.                              20.326, ‘‘Federal-State Partnership for
                                             regulations contained at 49 CFR part                      Communications received by                          State of Good Repair.’’
                                             222. FRA assigned the petition Docket                   December 31, 2018 will be considered                  DATES: Applications for funding under
                                             Number FRA–2018–0098.                                   by FRA before final action is taken.                  this solicitation are due no later than 5
                                                Specifically, petitioners seek a waiver              Comments received after that date will                p.m. EDT, March 18, 2019. Applications
                                             from the provisions of 49 CFR                           be considered if practicable.                         for funding or supplemental material in
                                             222.35(b)(1) to establish a new quiet                     Anyone can search the electronic                    support of an application received after
                                             zone consisting of two public highway-                  form of any written communications                    5 p.m. EDT, on March 18, 2019 will not
                                             rail grade crossings with active grade                  and comments received into any of our                 be considered for funding. Incomplete
                                             crossing warning devices comprising                     dockets by the name of the individual                 applications for funding will not be
                                             both flashing lights and gates that are                 submitting the comment (or signing the                considered for funding. See Section D of
                                             not equipped with constant warning                      document, if submitted on behalf of an                this notice for additional information on
                                             time devices. The crossing warning                      association, business, labor union, etc.).            the application process.
                                             devices on the proposed ‘‘East Rail Line-               Under 5 U.S.C. 553(c), DOT solicits
                                             Aurora Quiet Zone’’ on the RTD A-Line                   comments from the public to better                    ADDRESSES: Applications must be
                                             are primarily activated by a wireless                   inform its processes. DOT posts these                 submitted via www.Grants.gov. Only
                                             crossing activation system (WCAS)                       comments, without edit, including any                 applicants who comply with all
                                             using ‘‘GPS-determined train speed and                  personal information the commenter                    submission requirements described in
                                             location to predict how many seconds a                  provides, to www.regulations.gov, as                  this notice and submit applications
                                             train is from the crossing.’’ Petitioners               described in the system of records                    through www.Grants.gov will be eligible
                                             assert that this information is                         notice (DOT/ALL–14 FDMS), which can                   for award. For any supporting
                                             communicated wirelessly to the                          be reviewed at https://                               application materials that an applicant
                                             crossing warning devices and seeks to                   www.transportation.gov/privacy. See                   is unable to submit via www.Grants.gov
                                             provide constant warning times.                         also https://www.regulations.gov/                     (such as oversized engineering
                                             Additionally, this system is                            privacyNotice for the privacy notice of               drawings), an applicant may submit an
                                             supplemented by a conventional track                    regulations.gov.                                      original and two (2) copies to Amy
                                             warning system in case the WCAS is                                                                            Houser, Office of Program Delivery,
                                                                                                     Robert C. Lauby,                                      Federal Railroad Administration, 1200
                                             unavailable.
                                                A copy of the petition, as well as any               Associate Administrator for Railroad Safety,          New Jersey Avenue SE, Room W36–412,
                                             written communications concerning the                   Chief Safety Officer.                                 Washington, DC 20590. However, due to
                                             petition, is available for review online at             [FR Doc. 2018–25043 Filed 11–15–18; 8:45 am]          delays caused by enhanced screening of
                                             www.regulations.gov and in person at                    BILLING CODE 4910–06–P                                mail delivered via the U.S. Postal
                                             the U.S. Department of Transportation’s                                                                       Service, applicants are advised to use
                                             (DOT) Docket Operations Facility, 1200                                                                        other means of conveyance (such as
                                             New Jersey Avenue SE, W12–140,                          DEPARTMENT OF TRANSPORTATION                          courier service) to assure timely receipt
                                             Washington, DC 20590. The Docket                                                                              of materials before the application
                                                                                                     Federal Railroad Administration                       deadline.
                                             Operations Facility is open from 9 a.m.
                                             to 5 p.m., Monday through Friday,                       Notice of Funding Opportunity for the                 FOR FURTHER INFORMATION CONTACT:     For
                                             except Federal Holidays.                                Federal-State Partnership for State of                further information regarding project-
                                                Interested parties are invited to                    Good Repair Program                                   related information in this notice, please
                                             participate in these proceedings by                                                                           contact Bryan Rodda, Office of Policy
                                             submitting written views, data, or                      AGENCY: Federal Railroad
                                                                                                                                                           and Planning, Federal Railroad
                                             comments. FRA does not anticipate                       Administration (FRA), Department of
                                                                                                                                                           Administration, 1200 New Jersey
                                             scheduling a public hearing in                          Transportation (DOT).
                                                                                                                                                           Avenue SE, Room W38–203,
                                             connection with these proceedings since                 ACTION: Notice of Funding Opportunity
                                                                                                                                                           Washington, DC 20590; email:
                                             the facts do not appear to warrant a                    (NOFO or notice).                                     Bryan.Rodda@dot.gov; phone: 202–493–
                                             hearing. If any interested parties desire                                                                     0443. Grant application submission and
                                                                                                     SUMMARY:   This notice details the
                                             an opportunity for oral comment and a                                                                         processing questions should be
                                                                                                     application requirements and
                                             public hearing, they should notify FRA,                                                                       addressed to Amy Houser, Office of
                                                                                                     procedures to obtain grant 1 funding for
                                             in writing, before the end of the                                                                             Program Delivery, Federal Railroad
                                                                                                     eligible projects under the Federal-State
                                             comment period and specify the basis                                                                          Administration, 1200 New Jersey
                                                                                                     Partnership for State of Good Repair
                                             for their request.                                                                                            Avenue SE, Room W36–412,
                                                All communications concerning these                  Program (Partnership Program) made
                                                                                                     available by the Consolidated                         Washington, DC 20590; email:
                                             proceedings should identify the                                                                               amy.houser@dot.gov; phone: 202–493–
                                             appropriate docket number and may be                    Appropriations Act, 2017, Public Law
                                                                                                     115–31, Div. K, Tit. I (2017                          0303.
                                             submitted by any of the following
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                                             methods:                                                Appropriations Act) and the                           SUPPLEMENTARY INFORMATION:
                                                • Website: http://                                   Consolidated Appropriations Act, 2018,                  Notice to applicants: FRA
                                             www.regulations.gov. Follow the online                                                                        recommends that applicants read this
                                                                                                       1 The term ‘‘grant’’ is used throughout this
                                             instructions for submitting comments.                                                                         notice in its entirety prior to preparing
                                                                                                     document and is intended to reference funding
                                                • Fax: 202–493–2251.                                 awarded through a grant agreement, as well as
                                                                                                                                                           application materials. A list providing
                                                • Mail: Docket Operations Facility,                  funding awarded to recipients through a               the definitions of key terms used
                                             U.S. Department of Transportation, 1200                 cooperative agreement.                                throughout the NOFO are listed under


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                                             57794                       Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices

                                             the Program Description in Section A(2).                with certain eligibility requirements                 equivalent term to ‘‘Intercity Rail
                                             These key terms are capitalized                         applying only to proposed projects                    Passenger Transportation.’’
                                             throughout the NOFO. There are several                  located on the Northeast Corridor, as                    e. ‘‘Major Capital Project’’ means a
                                             administrative and eligibility                          defined in Section A(2)(f) in this notice.            Capital Project with a proposed total
                                             requirements described herein that                      These NEC-specific requirements are                   project cost of $300 million or more.
                                             applicants must comply with to submit                   described in Section C(3)(b). Further,                   f. ‘‘Northeast Corridor’’ (‘‘NEC’’)
                                             an application. Additionally, applicants                the Partnership Program has different                 means the main rail line between
                                             should note that the required Project                   planning and cost-sharing requirements                Boston, Massachusetts, and the District
                                             Narrative component of the application                  for Qualified Railroad Assets between                 of Columbia; the branch rail lines
                                             package may not exceed 25 pages in                      proposed NEC and non-NEC projects.                    connecting to Harrisburg, Pennsylvania,
                                             length.                                                 These differences are described in detail             Springfield, Massachusetts, and
                                                                                                     in Section D(2)(a)(v–vi).                             Spuyten Duyvil, New York; and
                                             Table of Contents
                                                                                                     2. Definitions of Key Terms                           facilities and services used to operate
                                             A. Program Description                                                                                        and maintain these lines.
                                             B. Federal Award Information                               a. ‘‘Benefit-Cost Analysis’’ (or ‘‘Cost-              g. A ‘‘Qualified Railroad Asset’’ is
                                             C. Eligibility Information                              Benefit Analysis’’) is a systematic, data             defined by 49 U.S.C. 24911(a)(5) to
                                             D. Application and Submission Information               driven, and transparent analysis
                                             E. Application Review Information
                                                                                                                                                           mean infrastructure, equipment, or a
                                                                                                     comparing monetized project benefits                  facility that:
                                             F. Federal Award Administration                         and costs, using a no-build baseline and
                                                  Information                                                                                                 i. Is owned or controlled by an
                                             G. Federal Awarding Agency Contacts
                                                                                                     properly discounted present values,                   eligible Partnership Program applicant;
                                                                                                     including concise documentation of the                   ii. is contained in the Northeast
                                             A. Program Description                                  assumptions and methodology used to                   Corridor Capital Investment Plan
                                             1. Overview                                             produce the analysis, a description of                prepared under 49 U.S.C. 24904, or an
                                                                                                     the baseline, data sources used to                    equivalent planning document; and for
                                                The purpose of this notice is to solicit             project outcomes, and values of key
                                             applications for grants for capital                                                                           which the Northeast Corridor Commuter
                                                                                                     input parameters, basis of modeling                   and Intercity Rail Cost Allocation Policy
                                             projects within the United States to                    including spreadsheets, technical
                                             repair, replace, or rehabilitate Qualified                                                                    developed under 49 U.S.C. 24905, or a
                                                                                                     memos, etc., and presentation of the                  similar cost-allocation policy has been
                                             Railroad Assets to reduce the state of                  calculations in sufficient detail and
                                             good repair backlog and improve                                                                               developed;
                                                                                                     transparency to allow the analysis to be                 iii. was not in a State of Good Repair
                                             Intercity Passenger Rail performance                    reproduced and sensitivity of results
                                             under the Partnership Program. The                                                                            on December 4, 2015 (the date of
                                                                                                     evaluated by FRA. Please refer to the                 enactment of the FAST Act).
                                             Partnership Program provides a Federal                  Benefit-Cost Analysis (BCA) Guidance
                                             funding opportunity to leverage private,                                                                         See Section D(2)(a), Project Narrative,
                                                                                                     for Discretionary Grant Programs prior                for further details about the Qualified
                                             state, and local investments to                         to preparing a BCA at https://
                                             significantly improve American rail                                                                           Railroad Asset requirements and
                                                                                                     www.transportation.gov/office-policy/                 application submission instructions
                                             infrastructure. The Partnership Program                 transportation-policy/benefit-cost-
                                             is authorized in Sections 11103 and                                                                           related to Qualified Railroad Assets.
                                                                                                     analysis-guidance. In addition, please
                                                                                                                                                              h. ‘‘State of Good Repair’’ is defined
                                             11302 of the Passenger Rail Reform and                  also refer to the BCA FAQs on FRA’s
                                                                                                                                                           by 49 U.S.C. 24102(12) to mean a
                                             Investment Act of 2015 (Title XI of the                 website for some rail-specific examples
                                                                                                                                                           condition in which physical assets, both
                                             Fixing America’s Surface Transportation                 of how to apply the BCA Guidance for
                                                                                                                                                           individually and as a system, are
                                             (FAST) Act, Public Law 114–94 (2015))                   Discretionary Grant Programs to
                                                                                                                                                           performing at a level at least equal to
                                             and is funded by the Appropriations                     Partnership applications.
                                                                                                        b. ‘‘Capital Project’’ is defined to               that called for in their as-built or as-
                                             Acts.
                                                The Department recognizes the                        mean a project primarily intended to                  modified design specification during
                                             importance of applying life cycle asset                 replace, rehabilitate, or repair major                any period when the life cycle cost of
                                             management principles throughout                        infrastructure assets utilized for                    maintaining the assets is lower than the
                                             America’s infrastructure. It is important               providing Intercity Passenger Rail                    cost of replacing them; and sustained
                                             for rail infrastructure owners and                      service, including tunnels, bridges, and              through regular maintenance and
                                             operators, as well as those who may                     stations; or a project primarily intended             replacement programs.
                                             apply on their behalf, to plan for the                  to improve Intercity Passenger Rail                   B. Federal Award Information
                                             maintenance and replacement of assets                   performance, including reduced trip
                                             and the associated costs. In light of                   times, increased train frequencies, and               1. Available Award Amount
                                             recent fatal passenger rail accidents, the              higher operating speeds consistent with                 The total funding available for awards
                                             Department particularly recognizes the                  49 U.S.C. 24911(a)(2).                                under this NOFO is $272,250,000 after
                                             opportunity to enhance safety in both                      c. ‘‘Commuter Rail Passenger                       $2,750,000 is set aside for FRA award
                                             track and equipment through this grant                  Transportation’’ means short-haul rail                and project management oversight as
                                             program.                                                passenger transportation in                           provided in the Appropriations Acts.
                                                The Partnership Program is intended                  metropolitan and suburban areas
                                             to benefit both the Northeast Corridor                                                                        2. Award Size
                                                                                                     usually having reduced fare, multiple
                                             (‘‘NEC’’) and the large number of                       ride, and commuter tickets and morning                  While there are no predetermined
                                             publicly-owned or Amtrak-owned                          and evening peak period operations. See               minimum or maximum dollar
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                                             infrastructure, equipment, and facilities               49 U.S.C. 24102(3).                                   thresholds for awards, FRA anticipates
                                             located in other areas of the country,                     d. ‘‘Intercity Rail Passenger                      making multiple awards with the
                                             including strengthening transportation                  Transportation’’ is defined by 49 U.S.C.              available funding. FRA encourages
                                             options for rural American                              24102(4) to mean rail passenger                       applicants to propose projects or
                                             communities. Applicants should note                     transportation, except Commuter Rail                  components of projects that can be
                                             that different requirements apply to                    Passenger Transportation. In this notice,             completed and implemented with the
                                             NEC and non-NEC Partnership projects,                   ‘‘Intercity Passenger Rail’’ is an                    level of funding available. Projects may


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                                                                         Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices                                           57795

                                             require more funding than is available.                 applicants may submit applications                    Program shall not exceed 80 percent,
                                             In these cases, applicants must identify                requesting funding for a particular                   though FRA will provide selection
                                             and apply for specific project                          project to one or more of these                       preference to applications where the
                                             components that have operational                        programs. In the application for                      proposed Federal share of total project
                                             independence and can be completed                       Partnership Program funding, applicants               costs does not exceed 50 percent. The
                                             with the level of funding available. (See               must indicate the other programs to                   estimated total cost of a project must be
                                             Section C(3)(c) for more information.)                  which they submitted or plan to submit                based on the best available information,
                                                Applicants proposing a Major Capital                 an application for funding the entire                 including engineering studies, studies of
                                             Project are encouraged to identify and                  project or certain project components, as             economic feasibility, environmental
                                             describe phases or elements that could                  well as highlight new or revised                      analyses, and information on the
                                             be candidates for subsequent                            information in the Partnership Program                expected use of equipment and
                                             Partnership Program funding, if such                    application that differs from the                     facilities. The minimum 20 percent non-
                                             funding becomes available.                              application(s) submitted for other                    Federal share may be comprised of
                                             Applications for a Major Capital Project                financial assistance programs.                        public sector (e.g., state or local) or
                                             that would seek future funds beyond                                                                           private sector funding. However, FRA
                                             fiscal year 2017 and 2018 funding made                  C. Eligibility Information
                                                                                                                                                           will not consider any other Federal
                                             available in this notice should indicate                   This section of the notice explains                grants, nor any non-Federal funds
                                             anticipated annual Federal funding                      applicant eligibility, cost sharing and               already expended (or otherwise
                                             requests from this program for the                      matching requirements, project                        encumbered), that do not comply with
                                             expected duration of the project. FRA                   eligibility, and project component                    2 CFR 200.458 toward the matching
                                             may issue Letters of Intent to                          operational independence. Applications                requirement.
                                             Partnership Program grantees proposing                  that do not meet the requirements in                     FRA is limiting the first 20 percent of
                                             Major Capital Projects under 49 U.S.C.                  this section will be ineligible for                   the non-Federal match to cash
                                             24911(g); such Letters of Intent would                  funding. Instructions for submitting                  contributions only. FRA will not accept
                                             serve to announce the FRA’s intention                   eligibility information to FRA are                    ‘‘in-kind’’ contributions for the first 20
                                             to obligate an amount from future                       detailed in Section D of this NOFO.                   percent in matching funds. Eligible in-
                                             available budget authority toward a                                                                           kind contributions may be accepted for
                                                                                                     1. Eligible Applicants
                                             grantee’s future project phases or                                                                            any non-Federal matching beyond the
                                             elements. A Letter of Intent is not an                     The following entities are eligible                first 20 percent. In-kind contributions
                                             obligation of the Federal government                    applicants for all project types                      including the donation of services,
                                             and is subject to the availability of                   permitted under this notice:                          materials, and equipment, may be
                                             appropriations for Partnership Program                     (1) A State (including the District of             credited as a project cost, in a uniform
                                             grants and subject to Federal laws in                   Columbia);                                            manner consistent with 2 CFR 200.306.
                                             force or enacted after the date of the                     (2) a group of States;                                FRA strongly encourages applicants to
                                             Letter of Intent.                                          (3) an Interstate Compact;                         identify and include other state, local,
                                                                                                        (4) a public agency or publicly                    public agency or authority, or private
                                             3. Award Type                                           chartered authority established by one                funding or financing to support the
                                                FRA will make awards for projects                    or more States; 2                                     proposed project. Non-federal shares
                                             selected under this notice through grant                   (5) a political subdivision of a State;            consisting of funding from multiple
                                             agreements and/or cooperative                              (6) Amtrak, acting on its own behalf
                                                                                                                                                           sources to demonstrate broad
                                             agreements. Grant agreements are used                   or under a cooperative agreement with                 participation and cost sharing from
                                             when FRA does not expect to have                        one or more States; or                                affected stakeholders, will be given
                                                                                                        (7) any combination of the entities
                                             substantial Federal involvement in                                                                            preference. If Amtrak is an applicant,
                                                                                                     described in (1) through (6).
                                             carrying out the funded activity.                          Selection preference will be provided              whether acting on its own behalf or as
                                             Cooperative agreements allow for                        for applications jointly submitted by                 part of a joint application, Amtrak’s
                                             substantial Federal involvement in                      multiple eligible applicants, as further              ticket and other non-Federal revenues
                                             carrying out the agreed upon                                                                                  generated from its business operations
                                                                                                     discussed in Section E(1)(c). Joint
                                             investment, including technical                                                                               and other sources may be used as
                                                                                                     applicants must identify an eligible
                                             assistance, review of interim work                                                                            matching funds. Applicants must
                                                                                                     applicant as the lead applicant. The lead
                                             products, and increased program                                                                               identify the source(s) of their matching
                                                                                                     applicant serves as the primary point of
                                             oversight under 2 CFR 200.24. The                                                                             and other funds, and must clearly and
                                                                                                     contact for the application, and if
                                             funding provided under these                                                                                  distinctly reflect these funds as part of
                                                                                                     selected, as the recipient of the
                                             cooperative agreements will be made                                                                           the total project cost in the application
                                                                                                     Partnership Program grant award.
                                             available to grantees on a reimbursable                                                                       budget.
                                                                                                     Eligible applicants may reference                        FRA may not be able to award grants
                                             basis. Applicants must certify that their               entities that are not eligible applicants
                                             expenditures are allowable, allocable,                                                                        to all eligible applications, nor even to
                                                                                                     (e.g., private sector firms) in an                    all applications that meet or exceed the
                                             reasonable, and necessary to the                        application as a project partner.
                                             approved project before seeking                                                                               stated evaluation criteria (see Section E,
                                                                                                     However, FRA will provide selection                   Application Review Information).
                                             reimbursement from FRA. Additionally,                   preference to joint applications
                                             the grantee must expend matching                                                                              Before submitting an application,
                                                                                                     submitted by multiple eligible                        applicants should carefully review the
                                             funds at the required percentage                        applicants only.
                                             alongside Federal funds throughout the                                                                        principles for cost sharing or matching
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                                             life of the project.                                    2. Cost Sharing or Matching                           in 2 CFR 200.306. FRA will approve
                                                                                                                                                           pre-award costs consistent with 2 CFR
                                             4. Concurrent Applications                                 The Federal share of total costs for a
                                                                                                                                                           200.458. See Section D(6). Additionally,
                                                                                                     project funded under the Partnership
                                                As DOT and FRA may be                                                                                      in preparing estimates of total project
                                             concurrently soliciting applications for                  2 See Section D(2)(a)(iv) for supporting            costs, applicants should refer to FRA’s
                                             transportation infrastructure projects for              documentation required to demonstrate eligibility     cost estimate guidance, ‘‘Capital Cost
                                             several financial assistance programs,                  under this eligibility category.                      Estimating: Guidance for Project


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                                             57796                       Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices

                                             Sponsors,’’ which is available at:                      where the proposed project location                   application checklist. FRA welcomes
                                             https://www.fra.dot.gov/Page/P0926.                     includes a portion of the NEC (NEC                    the submission of additional relevant
                                                                                                     Projects). Applicants proposing non-                  supporting documentation, such as
                                             3. Other
                                                                                                     NEC projects are not subject to the                   planning, engineering and design
                                             a. Project Eligibility                                  requirements in this sub-section, and                 documentation, and letters of support
                                                Eligible projects within the United                  may proceed to the next sub-section                   from partnering organizations that will
                                             States repair, replace, or rehabilitate                 C(3)(c).                                              not count against the Project Narrative
                                                                                                        In the Partnership Program, the NEC                page limit.
                                             Qualified Railroad Assets and improve
                                                                                                     is defined as the main rail line between
                                             Intercity Passenger Rail performance.                                                                         1. Address To Request Application
                                                                                                     Boston, Massachusetts and the District
                                             Eligible Capital Projects include those                                                                       Package
                                                                                                     of Columbia, and the branch rail lines
                                             that:                                                                                                            Applicants must submit all
                                                                                                     connecting to Harrisburg, Pennsylvania,
                                                (1) Replace existing assets in-kind;
                                                                                                     Springfield, Massachusetts, and                       application materials in their entirety
                                                (2) Replace existing assets with assets
                                                                                                     Spuyten Duyvil, New York.                             through www.Grants.gov no later than
                                             that increase capacity or provide a                        Passenger railroad owners and                      5:00 p.m. EDT, on March 18, 2019. FRA
                                             higher level of service;                                operators on the NEC are subject to a                 reserves the right to modify this
                                                (3) Ensure that service can be                       cost allocation policy under 49 U.S.C.                deadline. General information for
                                             maintained while existing assets are                    24905(c)(2), and, via the NEC                         submitting applications through
                                             brought to a State of Good Repair; and                  Commission, are required to annually                  Grants.gov can be found at: https://
                                                (4) Bring existing assets into a State of            adopt a five-year Northeast Corridor                  www.fra.dot.gov/Page/P0270.
                                             Good Repair.                                            Capital Investment Plan for the NEC                      For any supporting application
                                                Qualified Railroad Assets, as further                under 49 U.S.C. 24904(a). When                        materials that an applicant cannot
                                             defined in Section A(2), are owned or                   selecting projects on the NEC, FRA will               submit via Grants.gov, such as oversized
                                             controlled by an eligible applicant and                 consider the appropriate sequence and                 engineering drawings, an applicant may
                                             may include: infrastructure, including                  phasing of projects as contained in the               submit an original and two (2) copies to
                                             track, ballast, switches and                            currently approved Northeast Corridor                 Amy Houser, Office of Program
                                             interlockings, bridges, communication                   Capital Investment Plan.                              Delivery, Federal Railroad
                                             and signal systems, power systems,                         NEC applicants must provide the                    Administration, 1200 New Jersey
                                             highway-rail grade crossings, and other                 status of compliance by Amtrak and the                Avenue SE, Room W36–412,
                                             railroad infrastructure and support                     public authorities providing Commuter                 Washington, DC 20590. However, due to
                                             systems used in intercity passenger rail                Rail Passenger Transportation at the                  delays caused by enhanced screening of
                                             service; stations, including station                    eligible project location with the cost               mail delivered via the U.S. Postal
                                             buildings, support systems, signage, and                allocation policy required at 49 U.S.C.               Service, FRA advises applicants to use
                                             track and platform areas; equipment,                    24905(c)(2). FRA may not obligate a                   other means of conveyance (such as
                                             including passenger cars, locomotives,                  grant for a NEC Project unless each of                courier service) to assure timely receipt
                                             and maintenance-of-way equipment;                       the above service providers at the                    of materials before the application
                                             and facilities, including yards and                     eligible project location are in                      deadline. Additionally, if documents
                                             terminal areas and maintenance shops.                   compliance with that cost allocation                  can be obtained online, explaining to
                                                Capital Projects, as further defined in              policy. Such providers must maintain                  FRA how to access files on a referenced
                                             Section A(2), may include final design;                 compliance with the cost allocation                   website may also be sufficient.
                                             however, final design costs will only be                policy for the duration of the project.
                                             eligible in conjunction with an award                                                                         2. Content and Form of Application
                                             for project construction. Environmental                 c. Project Component Operational                      Submission
                                             and related clearances, including all                   Independence
                                                                                                                                                              FRA strongly advises applicants to
                                             work necessary for FRA to approve the                      If an applicant requests funding for a             read this section carefully. Applicants
                                             project under the National                              project that is a component or set of                 must submit all required information
                                             Environmental Policy Act (NEPA) and                     components of a larger project, the                   and components of the application
                                             related statutes and regulations are not                project component(s) must be attainable               package to be considered for funding.
                                             eligible for funding under this notice.                 with the award amount and comply                      Additionally, applicants selected to
                                             (See Section D(2)(a)(ix) for additional                 with all eligibility requirements                     receive funding must generally satisfy
                                             information.) Eligible projects with                    described in Section C.                               the grant readiness checklist
                                             completed environmental and                                In addition, the component(s) must be              requirements on https://
                                             engineering documents, and, for                         capable of independent analysis and                   www.fra.dot.gov/Page/P0268 as a
                                             projects located on the NEC, where                      decision making, as determined by FRA,                precondition to FRA issuing a grant
                                             Amtrak and the public authorities                       under NEPA (i.e., have independent                    award, as well as the requirements in 49
                                             providing Commuter Rail Passenger                       utility, connect logical termini, and not             U.S.C. 24405 explained in part at
                                             Transportation on the NEC are in                        restrict the consideration of alternatives            https://www.fra.dot.gov/page/P0185.
                                             compliance with the cost allocation                     for other reasonably foreseeable rail                    Required documents for an
                                             policy required at 49 U.S.C. 24905(c)(2),               projects.) Components must also                       application package are outlined in the
                                             indicate strong project readiness. This                 generate independent utility and will be              checklist below.
                                             allows FRA to maximize the funds                        evaluated as such in the BCA.                            • Project Narrative (see D.2.a).
                                             available in this notice (see Section                                                                            • Statement of Work (see D.2.b.i).
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                                                                                                     D. Application and Submission
                                             E(1)(c) for more information on                                                                                  • Benefit-Cost Analysis (see D.2.b.ii).
                                             Selection Criteria).                                    Information                                              • Environmental Compliance
                                                                                                       Required documents for the                          Documentation (see D.2.b.iii).
                                             b. Additional Eligibility Requirements                  application are outlined in the following                • SF424—Application for Federal
                                             for Northeast Corridor (NEC) Projects                   paragraphs. Applicants must complete                  Assistance.
                                                This sub-section provides additional                 and submit all components of the                         • SF 424C—Budget Information for
                                             eligibility requirements for projects                   application. See Section D(2) for the                 Construction, or, for an equipment


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                                                                            Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices                                              57797

                                             procurement project without any                                 ii. Project Summary: Provide a brief                  (A) To demonstrate ownership or
                                             construction costs, or SF 424A—Budget                        4–6 sentence summary of the proposed                  control by the applicant under 49 U.S.C.
                                             Information for Non-Construction.                            project and what the project will entail.             24911(a)(5)(A), show either:
                                               • SF 424D—Assurances for                                   Include challenges the proposed project                  (1) The applicant owns or will, at
                                             Construction, or, for an equipment                           aims to address, and summarize the                    project completion, have ownership of
                                             procurement project without any                              intended outcomes and anticipated                     the infrastructure, equipment, or facility
                                             construction costs, or SF 424B—                              benefits that will result from the                    improved by the project; or
                                             Assurances for Non-Construction.                             proposed project.                                        (2) The applicant controls or will, at
                                               • FRA’s Additional Assurances and                             iii. Project Funding: Indicate the                 project completion, have control over
                                             Certifications.                                              amount of Federal funding requested,                  the infrastructure, equipment, or facility
                                               • SF LLL—Disclosure of Lobbying                            the proposed non-Federal match, and                   improved by the project by agreement
                                             Activities.                                                  total project cost. Identify the source(s)            with the owner(s). An agreement should
                                             a. Project Narrative                                         of matching and other funds, and clearly              specify the extent of the applicant’s
                                                                                                          and distinctly reflect these funds as part            management and decision-making
                                                This section describes the minimum                        of the total project cost in the                      authority regarding the infrastructure,
                                             content required in the Project Narrative                    application budget. Also, note if the                 equipment, or facility improved by the
                                             of grant applications. The Project                           requested Federal funding under this                  project. Agreements involving railroad
                                             Narrative must follow the basic outline                      NOFO or other programs must be                        rights-of-way projects should also
                                             below to address the program                                 obligated or spent by a certain date due              demonstrate the applicant has
                                             requirements and assist evaluators in                        to dependencies or relationships with                 dispatching rights for the right-of-way
                                             locating relevant information.                               other Federal or non-Federal funding                  and maintenance-of-way
                                                                                                          sources, related projects, law, or other              responsibilities.
                                             I. Cover Page ....................   See   D.2.a.i.          factors. If applicable, provide the type                 (B) To demonstrate the planning
                                             II. Project Summary ...........      See   D.2.a.ii.         and estimated value of any proposed in-               requirement under 49 U.S.C.
                                             III. Project Funding ............    See   D.2.a.iii.
                                             IV. Applicant Eligibility Cri-       See   D.2.a.iv.
                                                                                                          kind contributions, as well as                        24911(a)(5)(B), show that the project is
                                                 teria.                                                   substantiate how the in-kind                          included in the applicant’s current State
                                             V. Non-NEC Project Eligi-            See D.2.a.v.            contributions meet the requirements in                Rail Plan(s) and, as applicable, in the
                                                 bility Criteria.                                         2 CFR 200.306. For a Major Capital                    current Transportation Improvement
                                             VI. NEC Project Eligibility          See D.2.a.vi.           Project that would seek future funds                  Programs (TIP) or Statewide
                                                 Criteria.                                                beyond fiscal years 2017 and 2018                     Transportation Improvement Programs
                                             VII. Detailed Project De-            See D.2.a.vii.          funding made available in this notice,                (STIP) plan.
                                                 scription.                                               provide the anticipated annual Federal                   (C) To demonstrate the cost-sharing
                                             VIII. Project Location .........     See D.2.a.viii.         funding requests from this grant
                                             IX. Grade Crossing Infor-            See D.2.a.ix.
                                                                                                                                                                requirement under 49 U.S.C.
                                                 mation, if applicable.
                                                                                                          program for the expected duration of the              24911(a)(5)(B), the applicant must:
                                             X. Evaluation and Selec-             See D.2.a.x.            project. Finally, specify whether Federal                (1) Be an operator or contributing
                                                 tion Criteria.                                           funding for the project has previously                funding partner of Intercity Rail
                                             XI. Project Implementation           See D.2.a.xi.           been sought, and identify the Federal                 Passenger transportation who is subject
                                                 and Management.                                          program and fiscal year of the funding                to the Cost Methodology Policy adopted
                                             XII. Environmental Readi-            See D.2.a.xii.          request(s), as well as highlight new or               under Section 209 of the Passenger Rail
                                                 ness.                                                    revised information in the Partnership                Investment and Improvement Act of
                                                                                                          Program application that differs from                 2008 (PRIIA), Public Law 110–432, Oct.
                                                These requirements must be satisfied                      the application(s) to other financial                 16, 2008; or
                                             through a narrative statement submitted                      assistance programs.                                     (2) demonstrate the applicant(s)
                                             by the applicant. The Project Narrative                         iv. Applicant Eligibility Criteria:                involvement in a similar cost-sharing
                                             may not exceed 25 pages in length                            Explain how the applicant meets the                   agreement for the project as described in
                                             (excluding cover pages, table of                             applicant eligibility criteria outlined in            (1).
                                             contents, and supporting                                     Section C of this notice, including                      (D) To demonstrate the state of good
                                             documentation). FRA will not review or                       references to creation or enabling                    repair requirement under 49 U.S.C.
                                             consider for award applications with                         legislation for public agencies and                   24911(a)(5)(B):
                                             Project Narratives exceeding the 25-page                     publicly chartered authorities                           (1) Describe the condition and
                                             limitation. If possible, applicants should                   established by one or more States. Joint              performance of the infrastructure,
                                             submit supporting documents via                              applications must include a description               equipment, or facility as of the time of
                                             website links rather than hard copies. If                    of the roles and responsibilities of each             enactment of the FAST Act (Dec. 4,
                                             supporting documents are submitted,                          applicant, including budget and sub-                  2015);
                                             applicants must clearly identify the                         recipient information showing how the                    (2) indicate how the infrastructure,
                                             relevant portion of the supporting                           applicants will share project costs, and              equipment, or facility’s condition or
                                             document with the page numbers of the                        must be signed by an authorized                       performance falls short of the definition
                                             cited information in the Project                             representative of each.                               of ‘‘state of good repair’’ in Section A(2)
                                             Narrative. The Project Narrative must                           v. Non-NEC Project Eligibility Criteria:           (49 U.S.C. 24102(12) parts (A) and/or
                                             adhere to the following outline.                             This sub-section provides project                     (B)); and
                                                i. Cover Page: Include a cover page                       eligibility requirements for projects not                (3) indicate, if known, when the
                                             that lists the following elements in                         on the NEC. (Applicants proposing NEC                 infrastructure, equipment, or facility last
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                                             either a table or formatted list: project                    Projects may proceed to the next sub-                 received comprehensive repair,
                                             title; location (e.g., city, State,                          section D(2)(a)(vi).) For non-NEC                     replacement, or rehabilitation work
                                             Congressional district); lead applicant                      projects, explain how the project meets               similar to the applicant’s proposed
                                             organization name; name of any co-                           the project eligibility criteria in Section           scope of work.
                                             applicants; amount of Federal funding                        C of this notice. Describe how the                       vi. NEC Project Eligibility Criteria:
                                             requested; and proposed non-Federal                          project is a Qualified Railroad Asset                 This sub-section provides project
                                             match.                                                       under 49 U.S.C. 24911(a)(5), as follows:              eligibility requirements for NEC


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                                             57798                       Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices

                                             Projects. (Applicants proposing non-                    required above. This detailed                         date of completion, and provide a
                                             NEC projects may proceed to the next                    description must provide, at a                        website link or other reference to the
                                             sub-section D(2)(a)(vii).) For NEC                      minimum: Additional background on                     final Categorical Exclusion, Finding of
                                             applicants, explain how the NEC Project                 the challenges the project aims to                    No Significant Impact, Record of
                                             meets the project eligibility criteria in               address; the expected users and                       Decision, and any other NEPA
                                             Section C(3)(b) of this notice including                beneficiaries of the project, including all           documents prepared. If the NEPA
                                             the requirements in 49 U.S.C. 24911(e).                 railroad operators; the specific                      process is not complete, the application
                                             Describe how the NEC Project is a                       components and elements of the project;               should detail the type of NEPA review
                                             Qualified Railroad Asset under 49                       and any other information the applicant               underway, if applicable, where the
                                             U.S.C. 24911(a)(5), as follows:                         deems necessary to justify the proposed               project is in the process, and indicate
                                                (A) To demonstrate ownership or                      project. Applicants with Major Capital                the anticipated date of completion of all
                                             control by the applicant under 49 U.S.C.                Projects are encouraged to identify and               milestones and of the final NEPA
                                             24911(a)(5)(A), show either:                            describe project phases or elements that              determination. If the last agency action
                                                (1) The applicant owns or will, at                   would be candidates for subsequent                    with respect to NEPA documents
                                             project completion, have ownership of                   Partnership Program funding if such                   occurred more than three years before
                                             the infrastructure, equipment, or facility              funding becomes available. Include                    the application date, the applicant
                                             improved by the project; or                             information to demonstrate the project                should describe why the project has
                                                (2) The applicant controls or will, at               is reasonably expected to begin                       been delayed and why NEPA
                                             project completion, have control over                   construction in a timely manner. For all              documents have not been updated and
                                             the infrastructure, equipment, or facility              projects, applicants must provide                     include a proposed approach for
                                             improved by the project by agreement                    information about proposed                            verifying and, if necessary, updating
                                             with the owner(s). An agreement should                  performance measures, as described in                 this material in accordance with
                                             specify the extent of the applicant’s                   Section F(3)(c) and required in 2 CFR                 applicable NEPA requirements.
                                             management and decision-making                          200.301.                                              Additional information regarding FRA’s
                                             authority regarding the infrastructure,                    viii. Project Location: Include                    environmental processes and
                                             equipment, or facility improved by the                  geospatial data for the project, as well as           requirements are located at https://
                                             project. Agreements involving railroad                  a map of the project’s location. Include              www.fra.dot.gov/eLib/Details/L05286.
                                             rights-of-way projects should also                      the Congressional districts in which the
                                                                                                     project will take place.                              b. Additional Application Elements
                                             demonstrate the applicant has
                                             dispatching rights for the right-of-way                    ix. Grade Crossing Information, if                    Applicants must submit:
                                             and maintenance-of-way                                  applicable: For any project that includes                i. A Statement of Work (SOW)
                                             responsibilities.                                       grade crossing components, cite specific              addressing the scope, schedule, and
                                                (B) To demonstrate the planning                      DOT National Grade Crossing Inventory                 budget for the proposed project if it
                                             requirement under 49 U.S.C.                             information, including the railroad that              were selected for award. For Major
                                             24911(a)(5)(B), the NEC applicant must                  owns the infrastructure (or the crossing              Capital Projects, the SOW must include
                                             show that the infrastructure, equipment,                owner, if different from the railroad),               annual budget estimates and anticipated
                                             or facility is included in the current                  the primary railroad operator, the DOT                Federal funding for the expected
                                             approved Five-Year Capital Investment                   crossing inventory number, and the                    duration of the project. The SOW must
                                             Plan prepared by the NEC Commission                     roadway at the crossing. Applicants can               contain sufficient detail so FRA, and the
                                             under 49 U.S.C. 24904(a).                               search for data to meet this requirement              applicant, can understand the expected
                                                (C) To demonstrate the cost-sharing                  at the following link: http://                        outcomes of the proposed work to be
                                             requirement under 49 U.S.C.                             safetydata.fra.dot.gov/OfficeofSafety/                performed and can monitor progress
                                             24911(a)(5)(B), the infrastructure,                     default.aspx.                                         toward completing project tasks and
                                             equipment, or facility must be subject to                  x. Evaluation and Selection Criteria:              deliverables during a prospective grant’s
                                             the NEC Cost Allocation Policy                          Include a thorough discussion of how                  period of performance. Applicants must
                                             developed under 49 U.S.C. 24905(c)(2).                  the proposed project meets all of the                 use FRA’s standard SOW template to be
                                                (D) To demonstrate the state of good                 evaluation and selection criteria, as                 considered for award. The SOW
                                             repair requirement under 49 U.S.C.                      outlined in Section E of this notice. If              template is located at https://
                                             24911(a)(5)(C), the NEC applicant must:                 an application does not sufficiently                  www.fra.dot.gov/eLib/Details/L18661.
                                                (1) Describe the condition and                       address the evaluation criteria and the               When preparing the budget, the total
                                             performance of the infrastructure,                      selection criteria, it is unlikely to be a            cost of a project must be based on the
                                             equipment, or facility as of the time of                competitive application.                              best available information as indicated
                                             enactment of the FAST Act (Dec. 4,                         xi. Project Implementation and                     in cited references that include
                                             2015);                                                  Management: Describe proposed project                 engineering studies, economic
                                                (2) indicate how the infrastructure,                 implementation and project                            feasibility studies, environmental
                                             equipment, or facility’s condition or                   management arrangements. Include                      analyses, and information on the
                                             performance falls short of the definition               descriptions of the expected                          expected use of equipment or facilities.
                                             of ‘‘state of good repair’’ in Section A(2)             arrangements for project contracting,                    ii. A Benefit-Cost Analysis consistent
                                             (49 U.S.C. 24102(12) parts (A) and/or                   contract oversight, change-order                      with 49 U.S.C. 24911(d)(2)(A) that
                                             (B)); and                                               management, risk management, and                      demonstrates the merit of investing in
                                                (3) indicate, if known, when the                     conformance to Federal requirements                   the proposed project. The analysis
                                             infrastructure, equipment, or facility last             for project progress reporting. Describe              should be systematic, data driven, and
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                                             received comprehensive repair,                          past experience in managing and                       examine the trade-offs between
                                             replacement, or rehabilitation work                     overseeing similar projects. For Major                reasonably expected project costs and
                                             similar to the applicant’s proposed                     Capital Projects, explain plans for a                 benefits. Please refer to the Benefit-Cost
                                             scope of work.                                          rigorous project management and                       Analysis Guidance for Discretionary
                                                vii. Detailed Project Description:                   oversight approach.                                   Grant Programs prior to preparing a
                                             Include a detailed project description                     xii. Environmental Readiness: If the               BCA at https://www.transportation.gov/
                                             that expands upon the brief summary                     NEPA process is complete, indicate the                office-policy/transportation-policy/


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                                                                         Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices                                                   57799

                                             benefit-cost-analysis-guidance. In                      renewed, this may take a significant                  c. Create a Grants.gov Username and
                                             addition, please also refer to the BCA                  amount of time to complete.) Late                     Password
                                             FAQs on FRA’s website (https://                         applications that are the result of a                    Applicants must complete an
                                             www.fra.dot.gov/grants) for some rail-                  failure to register or comply with                    Authorized Organization Representative
                                             specific examples of how to apply the                   Grants.gov applicant requirements in a                (AOR) profile on www.Grants.gov and
                                             Benefit-Cost Analysis Guidance for                      timely manner will not be considered. If              create a username and password.
                                             Discretionary Grant Programs to                         an applicant has not fully complied                   Applicants must use the organization’s
                                             Partnership applications. The                           with the requirements by the                          DUNS number to complete this step.
                                             complexity and level of detail in the                   submission deadline, the application                  Additional information about the
                                             Benefit-Cost Analysis prepared for the                  will not be considered. To submit an                  registration process is available at:
                                             Partnership Program should reflect the                  application through Grants.gov,                       https://www.grants.gov/web/grants/
                                             scope and scale of the proposed project.                applicants must:                                      applicants/organization-
                                                iii. Environmental compliance                                                                              registration.html.
                                             documentation, if a website link is not                 a. Obtain a DUNS Number
                                             cited in the Project Narrative.                                                                               d. Acquire Authorization for Your AOR
                                                iv. SF 424—Application for Federal                      A DUNS number is required for                      From the E-Business Point of Contact (E-
                                             Assistance.                                             Grants.gov registration. The Office of                Biz POC)
                                                v. SF 424C—Budget Information for                    Management and Budget requires that                     The E-Biz POC at the applicant’s
                                             Construction, or, for an equipment                      all businesses and nonprofit applicants               organization must respond to the
                                             procurement project without any other                   for Federal funds include a DUNS                      registration email from Grants.gov and
                                             construction elements, the SF 424A—                     number in their applications for a new                login at www.Grants.gov to authorize the
                                             Budget Information for Non-                             award or renewal of an existing award.                applicant as the AOR. Please note there
                                             Construction.                                           A DUNS number is a unique nine-digit                  can be more than one AOR for an
                                                vi. SF 424D—Assurances for                           sequence recognized as the universal                  organization.
                                             Construction, or, for an equipment                      standard for the government in
                                             procurement project without any other                                                                         e. Submit an Application Addressing
                                                                                                     identifying and keeping track of entities             All Requirements Outlined in This
                                             construction elements, the SF 424B—                     receiving Federal funds. The identifier
                                             Assurances for Non-Construction.                                                                              NOFO
                                                                                                     is used for tracking purposes and to
                                                vii. FRA’s Additional Assurances and                                                                          If an applicant experiences difficulties
                                             Certifications.                                         validate address and point of contact
                                                                                                     information for Federal assistance                    at any point during this process, please
                                                viii. An SF LLL—Disclosure of                                                                              call the Grants.gov Customer Center
                                             Lobbying Activities.                                    applicants, recipients, and sub-
                                                                                                                                                           Hotline at 1–800–518–4726, 24 hours a
                                                Forms needed for the electronic                      recipients. The DUNS number will be
                                                                                                                                                           day, 7 days a week (closed on Federal
                                             application process are at                              used throughout the grant life cycle.
                                                                                                                                                           holidays). For information and
                                             www.Grants.gov.                                         Obtaining a DUNS number is a free,                    instructions on each of these processes,
                                                                                                     one-time activity. Applicants may                     please see instructions at: http://
                                             c. Post-Selection Requirements
                                                                                                     obtain a DUNS number by calling 1–                    www.grants.gov/web/grants/applicants/
                                                See subsection F(2) of this notice for               866–705–5711 or by applying online at                 apply-for-grants.html
                                             post-selection requirements.                            http://www.dnb.com/us.
                                                                                                                                                              Note: Please use generally accepted formats
                                             3. Unique Entity Identifier, System for                 b. Register With the SAM                              such as .pdf, .doc, .docx, .xls, .xlsx and .ppt,
                                             Award Management (SAM), and                                                                                   when uploading attachments. While
                                             Submission Instructions                                    All applicants for Federal financial               applicants may embed picture files, such as
                                                                                                     assistance must maintain current                      .jpg, .gif, and .bmp, in document files,
                                                To apply for funding through                                                                               applicants should not submit attachments in
                                             Grants.gov, applicants must be properly                 registrations in the SAM database. An                 these formats. Additionally, the following
                                             registered. Complete instructions on                    applicant must be registered in SAM to                formats will not be accepted: .com, .bat, .exe,
                                             how to register and submit an                           successfully register in Grants.gov. The              .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora,
                                             application can be found at                             SAM database is the repository for                    .sys, and .zip.
                                             www.Grants.gov. Registering with                        standard information about Federal
                                             Grants.gov is a one-time process;                       financial assistance applicants,                      4. Submission Dates and Times
                                             however, it can take up to several weeks                recipients, and sub recipients.                          Applicants must submit complete
                                             for first-time registrants to receive                   Organizations that have previously                    applications to www.Grants.gov no later
                                             confirmation and a user password. FRA                   submitted applications via Grants.gov                 than 5:00 p.m. EDT, March 18, 2019.
                                             recommends that applicants start the                    are already registered with SAM, as it is             FRA reviews www.Grants.gov
                                             registration process as early as possible               a requirement for Grants.gov                          information on dates/times of
                                             to prevent delays that may preclude                     registration. Please note, however, that              applications submitted to determine
                                             submitting an application package by                    applicants must update or renew their                 timeliness of submissions. Delayed
                                             the application deadline. Applications                  SAM registration at least once per year               registration is not an acceptable reason
                                             will not be accepted after the due date.                to maintain an active status. Therefore,              for late submission. In order to apply for
                                             Delayed registration is not an acceptable               it is critical to check registration status           funding under this announcement, all
                                             justification for an application                        well in advance of the application                    applicants are expected to be registered
                                             extension.                                              deadline. If an applicant is selected for             as an organization with Grants.gov.
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                                                FRA may not make a discretionary                                                                           Applicants are strongly encouraged to
                                                                                                     an award, the applicant must maintain
                                             grant award to an applicant until the                                                                         apply early to ensure all materials are
                                             applicant has complied with all                         an active SAM registration with current
                                                                                                                                                           received before this deadline.
                                             applicable Data Universal Numbering                     information throughout the period of                     To ensure a fair competition of
                                             System (DUNS) and SAM requirements.                     the award. Information about SAM                      limited discretionary funds, the
                                             (Please note that if a Dun & Bradstreet                 registration procedures is available at               following conditions are not valid
                                             DUNS number must be obtained or                         www.sam.gov.                                          reasons to permit late submissions: (1)


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                                             57800                       Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices

                                             Failure to complete the Grants.gov                      E. Application Review Information                     project for the anticipated private and
                                             registration process before the deadline;                                                                     public benefits relative to the costs of
                                                                                                     1. Criteria
                                             (2) failure to follow Grants.gov                                                                              the proposed project including—
                                             instructions on how to register and                     a. Eligibility and Completeness Review                  (A) Effects on system and service
                                             apply as posted on its website; (3)                        FRA will first screen each application             performance;
                                             failure to follow all the instructions in               for applicant and project eligibility                   (B) Effects on safety, competitiveness,
                                             this NOFO; and (4) technical issues                     (eligibility requirements are outlined in             reliability, trip or transit time, and
                                             experienced with the applicant’s                        Section C of this notice), completeness               resilience;
                                             computer or information technology                      (application documentation and                          (C) Efficiencies from improved
                                             environment.                                            submission requirements are outlined in               integration with other modes; and
                                             5. Intergovernmental Review                             Section D of this notice), and the 20                   (D) Ability to meet existing or
                                                                                                     percent minimum match in determining                  anticipated demand.
                                               Executive Order 12372 requires                        whether the application is eligible.                  c. Selection Criteria
                                             applicants from State and local units of                   FRA will then consider the
                                             government or other organizations                       applicant’s past performance in                          In addition to the eligibility and
                                             providing services within a State to                    developing and delivering similar                     completeness review and the evaluation
                                             submit a copy of the application to the                 projects, and previous financial                      criteria outlined in this subsection, the
                                             State Single Point of Contact (SPOC), if                contributions.                                        FRA Administrator will apply the
                                             one exists, and if this program has been                                                                      following selection criteria.
                                             selected for review by the State.                       b. Evaluation Criteria                                   i. FRA will give preference to projects
                                             Applicants must contact their State                       FRA subject-matter experts will                     for which:
                                             SPOC to determine if the program has                    evaluate all eligible and complete                       (A) Amtrak is not the sole applicant;
                                             been selected for State review.                         applications using the evaluation                        (B) Applications were submitted
                                                                                                     criteria outlined in this section to                  jointly by multiple applicants;
                                             6. Funding Restrictions
                                                                                                     determine technical merit and project                    (C) Proposed Federal share of total
                                               FRA will not fund any preliminary                     benefits.                                             project costs does not exceed 50
                                             engineering, environmental work, or                       i. Technical Merit: FRA will evaluate               percent;
                                             related clearances under this NOFO.                     application information for the degree to                ii. After applying the above
                                             FRA will only consider funding a                        which—                                                preferences, the FRA Administrator will
                                             project’s final design activities if the                  (A) The tasks and subtasks outlined in              take in account the following key
                                             applicant is also seeking funding for                   the SOW are appropriate to achieve the                Departmental priorities:
                                             construction activities. FRA will only                  expected outcomes of the proposed                        (A) Supporting economic vitality at
                                             approve pre-award costs if such costs                   project.                                              the national and regional level;
                                             are incurred pursuant to the negotiation                  (B) The technical qualifications and                   (B) Leveraging Federal funding to
                                             and in anticipation of the grant                        demonstrated experience of key                        attract other, non-Federal sources of
                                             agreement and if such costs are                         personnel proposed to lead and perform                infrastructure investment;
                                             necessary for efficient and timely                      the technical efforts, and the                           (C) Preparing for future operations
                                             performance of the scope of work                        qualifications of the primary and                     and maintenance costs associated with
                                             consistent with 2 CFR 200.458. Under 2                  supporting organizations to fully and                 their project’s life-cycle, as
                                             CFR 200.458, grant recipients must seek                 successfully execute the proposed                     demonstrated by a credible plan to
                                             written approval from FRA for pre-                      project within the proposed timeframe                 maintain assets without having to rely
                                             award activities to be eligible for                     and budget.                                           on future Federal funding;
                                             reimbursement under the grant.                            (C) The proposed project’s business                    (D) Using innovative approaches to
                                             Activities initiated prior to the                       plan considers potential private sector               improve safety and expedite project
                                             execution of a grant or without FRA’s                   participation in the financing,                       delivery; and
                                             written approval may not be eligible for                construction, or operation of the                        (E) Holding grant recipients
                                             reimbursement or included as a                          proposed project.                                     accountable for their performance and
                                             grantee’s matching contribution.                          (D) The applicant has, or will have the             achieving specific, measurable
                                               FRA is prohibited under 49 U.S.C.                     legal, financial, and technical capacity              outcomes identified by grant applicants.
                                             24405(f) 3 from providing Partnership                   to carry out the project; satisfactory                   (F) Proposed non-Federal share is
                                             Program grants for Commuter Rail                        continuing control over the use of the                comprised of more than one source,
                                             Passenger Transportation. FRA’s                         equipment or facilities; and the                      including private sources,
                                             interpretation of this provision is                     capability and willingness to maintain                demonstrating broad participation by
                                             informed by the language in 49 U.S.C.                   the equipment or facilities.                          affected stakeholders; and
                                             24911, and specifically the definitions                   (E) Eligible Projects have completed                   (G) Applications indicate strong
                                             of capital project in § 24911(2)(a) and                 necessary pre-construction activities                 project readiness.
                                             (b). FRA’s primary intent in funding                    and indicate strong project readiness.
                                                                                                                                                           2. Review and Selection Process
                                             Partnership Program projects is to make                   (F) For NEC Projects, the sequence
                                             reasonable investments in Capital                       and phasing of the proposed project is                  FRA will conduct a three-part
                                             Projects used in Intercity Rail Passenger               consistent with the Five-Year Capital                 application review process, as follows:
                                             Transportation. Such projects may be                    Investment Plan prepared by the NEC                     a. Screen applications for
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                                             located on shared corridors where                       Commission under 49 U.S.C. 24904(a).                  completeness and eligibility;
                                             Commuter Rail Passenger                                   (G) The project is consistent with                    b. Evaluate eligible applications
                                             Transportation also benefits from the                   planning guidance and documents set                   (completed by technical panels applying
                                             project.                                                forth by the Secretary of Transportation              the evaluation criteria); and
                                                                                                     or required by law.                                     c. Select projects for funding
                                               3 Under 49 U.S.C. 24911(i), Partnership grants are      ii. Project Benefits: FRA will evaluate             (completed by the FRA Administrator
                                             subject to the conditions in 49 U.S.C. 24405.           the benefit-cost analysis of the proposed             applying the selection criteria).


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                                                                           Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices                                                           57801

                                             F. Federal Award Administration                               laws and regulations; disadvantaged                          FRA will consider any comments by
                                             Information                                                   business enterprises; debarment and                        the applicant, in addition to the other
                                                                                                           suspension; drug-free workplace; FRA’s                     information in the designated integrity
                                             1. Federal Award Notice
                                                                                                           and OMB’s Assurances and                                   and performance system, in making a
                                                Applications selected for funding will                     Certifications; Americans with                             judgment about the applicant’s integrity,
                                             be announced in a press release and on                        Disabilities Act; safety oversight; NEPA;                  business ethics, and record of
                                             FRA’s website after the application                           environmental justice; and the                             performance under Federal awards
                                             review period. FRA will contact                               requirements in 49 U.S.C. 24405                            when completing the review of risk
                                             applicants with successful applications                       including the Buy America                                  posed by applicants as described in 2
                                             after announcement with information                           requirements and the provision deeming                     CFR 200.205.
                                             and instructions about the award                              operators rail carriers and employers for
                                             process. This notification is not an                                                                                     b. Progress Reporting on Grant Activity
                                                                                                           certain purposes.
                                             authorization to begin proposed project                                                                                    Each applicant selected for a grant
                                             activities. A formal grant agreement or                       3. Reporting                                               will be required to comply with all
                                             cooperative agreement signed by both                          a. Reporting Matters Related to Integrity                  standard FRA reporting requirements,
                                             the grantee and the FRA, including an                         and Performance                                            including quarterly progress reports,
                                             approved scope, schedule, and budget,                                                                                    quarterly Federal financial reports, and
                                             is required before the award is                                  Before making a Federal award with                      interim and final performance reports,
                                             considered complete. See an example of                        a total amount of Federal share greater                    as well as all applicable auditing,
                                             standard terms and conditions for FRA                         than the simplified acquisition                            monitoring and close out requirements.
                                             grant awards at https://www.fra.dot.gov/                      threshold of $250,000 (see OMB M–18–                       Reports may be submitted
                                             Elib/Document/14426.                                          18, Implementing Statutory Changes to                      electronically.
                                                                                                           the Micro-Purchase and the Simplified                        The applicant must comply with all
                                             2. Administrative and National Policy                         Acquisition Thresholds for Financial                       relevant requirements of 2 CFR part 200.
                                             Requirements                                                  Assistance, 2 CFR 200.88), FRA will
                                               Due to funding limitations, projects                        review and consider any information                        c. Performance Reporting
                                             that are selected for funding may receive                     about the applicant that is in the                           Each applicant selected for funding
                                             less than the amount originally                               designated integrity and performance                       must collect information and report on
                                             requested. In those cases, applicants                         system accessible through SAM                              the project’s performance using
                                             must be able to demonstrate the                               (currently the Federal Awardee                             measures mutually agreed upon by FRA
                                             proposed projects are still viable and                        Performance and Integrity Information                      and the grantee to assess progress in
                                             can be completed with the amount                              System (FAPIIS)) (see 41 U.S.C. 2313).                     achieving strategic goals and objectives.
                                             awarded.                                                         An applicant, at its option, may                        Examples of some rail performance
                                               Grantees and entities receiving                             review information in the designated                       measures are listed in the table below.
                                             funding from the grantee must comply                          integrity and performance systems                          The applicable measure(s) will depend
                                             with all applicable laws and regulations.                     accessible through SAM and comment                         upon the type of project. Applicants
                                             A non-exclusive list of administrative                        on any information about itself that a                     requesting funding for rolling stock
                                             and national policy requirements that                         Federal awarding agency previously                         must integrate at least one equipment/
                                             grantees must follow includes: 2 CFR                          entered and is currently in the                            rolling stock performance measure,
                                             part 200; procurement standards;                              designated integrity and performance                       consistent with the grantee’s application
                                             compliance with Federal civil rights                          system accessible through SAM.                             materials and program goals.

                                                                                                                       PERFORMANCE MEASURE
                                                                                                                        Primary stra-       Secondary stra-
                                               Rail measures          Unit measured                Temporal                                                                             Description
                                                                                                                         tegic goal           tegic goal

                                             Slow Order Miles        Miles .................   Annual ..............   State of Good       Safety ...............   The number of miles per year within the project
                                                                                                                         Repair.                                      area that have temporary speed restrictions
                                                                                                                                                                      (‘‘slow orders’’) imposed due to track condition.
                                                                                                                                                                      This is an indicator of the overall condition of
                                                                                                                                                                      track. This measure can be used for projects
                                                                                                                                                                      to rehabilitate sections of a rail line since the
                                                                                                                                                                      rehabilitation should eliminate, or at least re-
                                                                                                                                                                      duce the slow orders upon project completion.
                                             Rail Track Grade        Count ...............     Annual ..............   Economic Com-       Safety ...............   The number of annual automobile crossings that
                                               Separation.                                                               petitiveness.                                are eliminated at an at-grade crossing as a re-
                                                                                                                                                                      sult of a new grade separation.
                                             Passenger               Count ...............     Annual ..............   Economic Com-       State of Good            Count of the annual passenger boardings and
                                               Counts.                                                                   petitiveness.       Repair.                  alightings at stations within the project area.
                                             Travel Time ........    Time/Trip ..........      Annual ..............   Economic Com-       Quality of Life ...      Point-to-point travel times between pre-deter-
                                                                                                                         petitiveness.                                mined station stops within the project area.
                                                                                                                                                                      This measure demonstrates how track im-
                                                                                                                                                                      provements and other upgrades improve oper-
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                                                                                                                                                                      ations on a rail line. It also helps make sure
                                                                                                                                                                      the railroad is maintaining the line after project
                                                                                                                                                                      completion.
                                             Track Miles .........   Miles .................   One Time .........      State of Good       Economic Com-            The number of track miles that exist within the
                                                                                                                         Repair.             petitiveness.            project area. This measure can be beneficial
                                                                                                                                                                      for projects building sidings or sections of addi-
                                                                                                                                                                      tional main line track on a railroad.



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                                             57802                       Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Notices

                                             G. Federal Awarding Agency Contacts                     programs are available on OFAC’s                      Male (individual) [SDGT] (Linked To:
                                               For further information regarding this                website (www.treasury.gov/ofac).                      HIZBALLAH).
                                             notice and the grants program, please                                                                            Designated pursuant to section 1(c) of
                                                                                                     Notice of OFAC Actions
                                             contact Amy Houser, Office of Program                                                                         Executive Order 13224 of September 23,
                                             Delivery, Federal Railroad                                On November 13, 2018, OFAC                          2001, ‘‘Blocking Property and
                                             Administration, 1200 New Jersey                         determined that the property and                      Prohibiting Transactions With Persons
                                             Avenue SE, Room W36–412,                                interests in property subject to U.S.                 Who Commit, Threaten to Commit, or
                                             Washington, DC 20590; email:                            jurisdiction of the following persons are             Support Terrorism’’ (E.O. 13224) for
                                             amy.houser@dot.gov.                                     blocked under the relevant sanctions                  acting for or on behalf of HIZBALLAH,
                                                                                                     authorities listed below.                             an entity determined to be subject to
                                             Ronald L. Batory,                                                                                             E.O. 13224.
                                             Administrator.
                                                                                                     Individuals                                              3. FARHAT, Muhammad ‘Abd-Al-
                                             [FR Doc. 2018–25044 Filed 11–15–18; 8:45 am]               1. AL–ZAYDI, Shibl Muhsin ‘Ubayd                   Hadi (a.k.a. FARHAT, Mohamad), Iraq;
                                             BILLING CODE 4910–06–P                                  (a.k.a. AL ZAIDI, Shebl; a.k.a. AL ZAIDI,             DOB 06 Apr 1967; POB Kuwait;
                                                                                                     Shibl; a.k.a. AL–ZADI, Shibl Muhsin                   nationality Lebanon; Additional
                                                                                                     Ubayd; a.k.a. AL–ZAYDI, Hajji Shibl                   Sanctions Information—Subject to
                                                                                                     Muhsin; a.k.a. MAHDI, Ja’far Salih;                   Secondary Sanctions Pursuant to the
                                             DEPARTMENT OF THE TREASURY                              a.k.a. ‘‘SHIBL, Hajji’’), Iraq; DOB 28 Oct            Hizballah Financial Sanctions
                                                                                                     1968; POB Baghdad, Iraq; Additional                   Regulations; Gender Male; Passport RL
                                             Office of Foreign Assets Control                        Sanctions Information—Subject to                      2274078 (individual) [SDGT] (Linked
                                                                                                     Secondary Sanctions Pursuant to the                   To: HIZBALLAH).
                                             Notice of OFAC Sanctions Actions                                                                                 Designated pursuant to section 1(c) of
                                                                                                     Hizballah Financial Sanctions
                                             AGENCY:  Office of Foreign Assets                       Regulations; alt. Additional Sanctions                Executive Order 13224 of September 23,
                                             Control, Treasury.                                      Information—Subject to Secondary                      2001, ‘‘Blocking Property and
                                                                                                     Sanctions; Gender Male (individual)                   Prohibiting Transactions With Persons
                                             ACTION: Notice.
                                                                                                     [SDGT] [IRGC] [IFSR] (Linked To:                      Who Commit, Threaten to Commit, or
                                             SUMMARY:   The Department of the                        ISLAMIC REVOLUTIONARY GUARD                           Support Terrorism’’ (E.O. 13224) for
                                             Treasury’s Office of Foreign Assets                     CORPS (IRGC)–QODS FORCE; Linked                       acting for or on behalf of HIZBALLAH,
                                             Control (OFAC) is publishing the names                  To: HIZBALLAH).                                       an entity determined to be subject to
                                             of four individuals that have been                         Designated pursuant to section 1(c) of             E.O. 13224.
                                             placed on OFAC’s Specially Designated                   Executive Order 13224 of September 23,                   4. KAWTHARANI, Adnan Hussein
                                             Nationals and Blocked Persons List                      2001, ‘‘Blocking Property and                         (a.k.a. AL–KAWTHARANI, Adnan;
                                             based on OFAC’s determination that one                  Prohibiting Transactions With Persons                 a.k.a. KAWTHARANI, Adnan Mahmud;
                                             or more applicable legal criteria were                  Who Commit, Threaten to Commit, or                    a.k.a. KAWTHRANI, Adnan; a.k.a.
                                             satisfied. All property and interests in                Support Terrorism’’ (E.O. 13224) for                  KUTHERANI, Adnan), Al Zahrani,
                                             property subject to U.S. jurisdiction of                acting for or on behalf of ISLAMIC                    Lebanon; Najaf, Iraq; DOB 02 Sep 1954;
                                             these persons are blocked, and U.S.                     REVOLUTIONARY GUARD CORPS                             POB Lebanon; Additional Sanctions
                                             persons are generally prohibited from                   (IRGC)–QODS FORCE, an entity                          Information—Subject to Secondary
                                             engaging in transactions with them.                     determined to be subject to E.O. 13224.               Sanctions Pursuant to the Hizballah
                                             DATES: See SUPPLEMENTARY INFORMATION
                                                                                                                                                           Financial Sanctions Regulations; Gender
                                                                                                        Designated pursuant to section 1(d)(i)
                                             section.                                                                                                      Male (individual) [SDGT] (Linked To:
                                                                                                     of Executive Order 13224 of September
                                                                                                                                                           HIZBALLAH).
                                             FOR FURTHER INFORMATION CONTACT:                        23, 2001, ‘‘Blocking Property and
                                                                                                                                                              Designated pursuant to section 1(d)(i)
                                             OFAC: Associate Director for Global                     Prohibiting Transactions With Persons
                                                                                                                                                           of Executive Order 13224 of September
                                             Targeting, tel.: 202–622–2420; Assistant                Who Commit, Threaten to Commit, or
                                                                                                                                                           23, 2001, ‘‘Blocking Property and
                                             Director for Sanctions Compliance &                     Support Terrorism’’ (E.O. 13224) for
                                                                                                                                                           Prohibiting Transactions With Persons
                                             Evaluation, tel.: 202–622–2490;                         assisting in, sponsoring, or providing
                                                                                                                                                           Who Commit, Threaten to Commit, or
                                             Assistant Director for Licensing, tel.:                 financial, material, or technological
                                                                                                                                                           Support Terrorism’’ (E.O. 13224) for
                                             202–622–2480; Assistant Director for                    support for, or financial or other
                                                                                                                                                           assisting in, sponsoring, or providing
                                             Regulatory Affairs, tel.: 202–622–4855;                 services to or in support of
                                                                                                                                                           financial, material, or technological
                                             or the Department of the Treasury’s                     HIZBALLAH, an entity determined to be
                                                                                                                                                           support for, or financial or other
                                             Office of the General Counsel: Office of                subject to E.O. 13224.
                                                                                                                                                           services to or in support of
                                             the Chief Counsel (Foreign Assets                          2. HASHIM, Yusuf (a.k.a. HASHIM,                   HIZBALLAH, an entity determined to be
                                             Control), tel.: 202–622–2410.                           Yusef; a.k.a. ‘‘SADIQ, Hajji’’; a.k.a.                subject to E.O. 13224.
                                             SUPPLEMENTARY INFORMATION:                              ‘‘SADIQ, Sayyid’’), Al Zahrani,
                                                                                                     Lebanon; DOB 1962; POB Beirut,                          Dated: November 13, 2018.
                                             Electronic Availability                                 Lebanon; Additional Sanctions                         Andrea Gacki,
                                               The Specially Designated Nationals                    Information—Subject to Secondary                      Director, Office of Foreign Assets Control.
                                             and Blocked Persons List and additional                 Sanctions Pursuant to the Hizballah                   [FR Doc. 2018–25068 Filed 11–15–18; 8:45 am]
                                             information concerning OFAC sanctions                   Financial Sanctions Regulations; Gender               BILLING CODE 4810–AL–P
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Document Created: 2018-11-16 07:22:42
Document Modified: 2018-11-16 07:22:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Funding Opportunity (NOFO or notice).
DatesApplications for funding under this solicitation are due no later than 5 p.m. EDT, March 18, 2019. Applications for funding or supplemental material in support of an application received after 5 p.m. EDT, on March 18, 2019 will not be considered for funding. Incomplete applications for funding will not be considered for funding. See Section D of this notice for additional information on the
ContactFor further information regarding project-related information in this notice, please contact Bryan Rodda, Office of Policy and Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W38-203, Washington, DC 20590; email: [email protected]; phone: 202-493-0443. Grant application submission
FR Citation83 FR 57793 

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