[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Pages 14443-14457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6178]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


High-Speed Intercity Passenger Rail (HSIPR) Program

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

ACTION: Notice of funding availability for high-speed and intercity 
passenger rail projects.

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SUMMARY: This notice details the application requirements and 
procedures for obtaining funding under FRA's High-Speed Intercity 
Passenger Rail (HSIPR) program. The funding opportunities described in 
this notice are available under Catalog of Federal Domestic Assistance 
(CFDA) number 20.319.
    Notice to Applicants: FRA recommends applicants read this notice in 
its entirety prior to preparing application materials. There are 
several administrative prerequisites that applicants must comply with 
in order to submit an application (see Section 4 of this notice), which 
can take up to ten days to process.

DATES: Applications for funding under this solicitation are due no 
later than 8 p.m. EDT on Monday, April 4, 2011, and must be submitted 
through http://www.grantsolutions.gov. See Section 4 for additional 
information regarding the application process. FRA reserves the right 
to modify this deadline.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice and the HSIPR program, please contact the FRA HSIPR Program 
Manager via e-mail at <a href="/cdn-cgi/l/email-protection#3c746f756c6e7c585348125b534a"><span class="__cf_email__" data-cfemail="61293228313321050e154f060e17">[email protected]</span></a>, or by mail: U.S. Department of 
Transportation, Federal Railroad Administration, MS-20, 1200 New Jersey 
Avenue, SE., Washington, DC 20590 Attn: HSIPR Program.

Table of Contents

1. Funding Opportunity Description
2. Award Information
3. Eligibility Information
4. Application and Submission Information
5. Application Review Information
6. Award Administration Information
7. Agency Contact

Section 1: Funding Opportunity Description

1.1 Legislative Authority

    This financial assistance announcement is intended to solicit 
proposals for high-speed and intercity passenger rail projects under 
FRA's HSIPR program. The authority for this grant program is contained 
in three pieces of legislation:
    <bullet> The Passenger Rail Investment and Improvement Act of 2008 
(Div. B of Pub. L. 110-432, October 16, 2008) (PRIIA), under Sections 
301, 302, and 501: Intercity Passenger Rail Service Corridor Capital 
Assistance (codified at 49 U.S.C. chapter 244), General Passenger Rail 
Transportation (codified at 49 U.S.C. 24105), and High-Speed Rail 
Assistance (codified at 49 U.S.C. 26106), respectively;
    <bullet> The American Recovery and Reinvestment Act of 2009 (Pub. 
L. 111-5, February 17, 2009) (ARRA or the Recovery Act), under the 
title ``Capital Assistance for High Speed Rail Corridors and Intercity 
Passenger Rail Service;'' and
    <bullet> The Fiscal Year 2010 Consolidated Appropriations Act 
(Title I of Div. A of Pub. L. 111-117, December 16, 2009) (FY 2010 DOT 
Appropriations Act), under the title ``Capital Assistance for High 
Speed Rail Corridors and Intercity Passenger Rail Service.''

1.2 Background

    Since enactment of PRIIA, FRA has made approximately $10.6 billion 
available under the HSIPR program. Award of these funds has served to 
jump-start high-speed and intercity passenger rail projects throughout 
the country. However, recently it has become clear that some of the 
funds previously announced would not be used to advance the originally 
intended projects; in particular, approximately $2.392 billion 
announced for the State of Florida.
    The purpose of this notice is to solicit applications--for eligible 
projects that could immediately proceed to award--for the approximately 
$2.392 billion previously announced for Florida and approximately $38 
million in remaining unallocated Recovery Act funding. This notice is 
also intended to establish a pipeline of meritorious projects that 
could receive any other HSIPR funds available at the time of award. 
These other funds could include savings that result from previously 
awarded projects coming in under budget, funds withdrawn from 
previously awarded projects that are not proceeding satisfactorily, any 
other appropriated funds authorized under PRIIA and made available 
through the remainder of this fiscal year, or other sources.
    The approximately $2.392 billion previously announced for Florida 
included funds provided both under the Recovery Act and the FY 2010 DOT 
Appropriations Act. Additional funds awarded under this notice could be 
provided from other sources. Therefore, applicants should not be 
concerned with applying for funds from a specific appropriations 
statute; rather they should seek to submit the best projects that could 
be funded from any or all such sources. Additionally, all applicants 
are encouraged to contribute non-Federal matching funds, a factor that 
will be considered when evaluating the merit of an application. While 
applicants may identify any aspects of their projects that might favor 
one or the other appropriations statute (the different requirements for 
each source of funding are discussed in Sections 1.3, 3, and 6), FRA 
will determine which funding to provide to projects selected for award 
at its own discretion. However, applicants should note that any 
projects receiving funding under the Recovery Act must be able to be 
obligated by September 30, 2012 and completed by September 30, 2017--
both statutory requirements under the Recovery Act.

[[Page 14444]]

    Furthermore, while Florida received approximately $2.392 billion 
for one project--the Tampa to Orlando High-Speed Rail Service 
Development Program--FRA is not requiring the full amount awarded under 
this solicitation be provided to one project or one corridor. Rather, 
FRA is directing this solicitation to all interested and eligible 
applicants, and anticipates making multiple awards with the funding 
available. Recognizing the limited funding currently available and 
FRA's intention to make multiple awards, applicants would be well-
advised to subdivide higher-cost undertakings into separate project 
components or discrete phases that have operational independence in 
order to give FRA maximum flexibility in selecting projects (see 
Sections 3.5.2 and 4.2.1 for more information on operational 
independence and application phasing). In describing these separate 
project components or phases, applicants should be sure to describe 
both the operational independence of each individual project or phase 
and the benefits of completing just the discrete project or phase, even 
if the full Service Development Program is not selected for funding in 
this award cycle.
    FRA is committed to ensuring that the HSIPR program is a success. 
In responding to this solicitation, applicants should clearly 
demonstrate that the project sponsor and any other relevant stakeholder 
directly involved in the project are committed to ensuring the success 
of the project proposed for funding.

1.3 Funding Approach

    At least $2.43 billion is available for awards under this 
solicitation, including $1.63 billion from the Recovery Act and $800 
million from the FY 2010 DOT Appropriations Act. FRA is soliciting 
grant applications for the following types of projects:
    <bullet> Service Development Programs: A set of inter-related 
capital projects that will result in the introduction of new or 
substantially improved high-speed or intercity passenger rail services. 
Projects funded with Recovery Act appropriations may have a Federal 
share of total project costs up to 100 percent and must be completed by 
September 30, 2017. Projects funded with FY 2010 annual appropriations 
must provide a non-Federal match of at least 20 percent of total 
project costs; funding will remain available until expended and 
according to the terms and conditions of the cooperative agreement.
    <bullet> Individual Projects: Discrete capital projects that will 
result in service benefits or other tangible improvements on a 
corridor. These projects include completion of preliminary engineering 
(PE), National Environmental Policy Act (NEPA) documentation, final 
design (FD), and construction. For the purpose of this solicitation and 
the application process, these projects are divided into two 
categories: PE/NEPA applications and FD/construction applications (see 
Section 3.4.3 for further information). Due to statutory limitations 
contained in the FY 2010 DOT Appropriations Act, funding for Individual 
Projects is only available under the Recovery Act. These projects may 
have a Federal share of total project costs up to 100 percent and must 
be completed by September 30, 2017.

Section 2: Award Information

    While at least $2.43 billion is currently available for awards (see 
Section 1), this solicitation may also serve as the basis for 
reallocating other funding under the Recovery Act or the FY 2010 DOT 
Appropriations Act, including funds available from previously awarded 
projects coming in under budget, from funds withdrawn from previously 
awarded projects that are not proceeding satisfactorily, and from any 
other appropriated funds authorized under PRIIA and made available 
through the remainder of this fiscal year, or from other sources.
    The FY 2010 DOT Appropriations Act mandated that not less than 85 
percent of the total available funding be allocated to Service 
Development Programs. Due to the funding awarded for Individual 
Projects under the initial solicitation for FY 2010 appropriations and 
announced by the Secretary of Transportation on October 28, 2010, the 
$800 million in remaining FY 2010 appropriations will be dedicated 
solely to Service Development Programs.
    The Recovery Act did not specify what proportion of funding should 
be allocated for particular project types. As a result, and consistent 
with previous funding solicitations, FRA will not allocate funding 
between Service Development Programs and Individual Projects in 
advance. FRA will award the $1.63 billion in available Recovery Act 
funding to Service Development Programs and Individual Projects based 
on the outcomes of the application review and selection (see Section 
5).
    Applications for projects that were submitted under the initial 
solicitations for Recovery Act and FY 2010 annual appropriations 
funding may be updated with the most current information available and 
resubmitted for consideration. However, applicants should be aware that 
all applications will be reviewed and evaluated based on the 
requirements contained in this notice.
    FRA will make awards for Service Development Programs and 
Individual Projects through cooperative agreements. Cooperative 
agreements allow for greater Federal involvement in carrying out the 
agreed upon investment, including technical assistance, review of 
interim work products, and increased program oversight. The funding 
provided under these cooperative agreements will be made available to 
grantees on a reimbursable basis.
    While there are no predetermined minimum or maximum dollar 
thresholds for awards, FRA anticipates making multiple awards from the 
funding available. As such, FRA expects applicants to tailor their 
applications and proposed project scopes accordingly, ensuring that the 
proposed level of public investment is commensurate with the expected 
public benefits. In order to attain the maximum benefits for the 
available funding and promote successful project delivery, applications 
offering substantial non-Federal financing options will be looked on 
more favorably during the review and selection process (see Section 5). 
Pursuant to 49 U.S.C. 24402(g)(1), FRA will establish the net project 
cost for the scope of work proposed in an application, based on 
engineering materials, studies of economic feasibility, information on 
the expected use of equipment or facilities, and other project 
information provided in an application. FRA reserves the right to 
contact applicants with any questions or comments related to 
applications.

Section 3: Eligibility Information

    Applications under this solicitation will be required to meet 
minimum requirements related to applicant eligibility, project 
eligibility, and the fulfillment of other eligibility requirements. To 
the extent that an application's substance exceeds the minimum 
eligibility requirements described below, such information will be 
considered in evaluating the merits of an application (see Section 5 
for evaluation and selection criteria).

3.1 Eligible Applicants

    Eligible applicant entities are as follows:
    <bullet> States (including the District of Columbia);
    <bullet> Groups of States (Sections 301 and 501 of PRIIA);
    <bullet> Interstate compacts (Sections 301 and 501);
    <bullet> Public agencies established by one or more States and 
having responsibility

[[Page 14445]]

for providing intercity passenger rail service (Section 301) or high-
speed passenger rail service (Section 501);
    <bullet> Amtrak (Section 501); and
    <bullet> Amtrak, in cooperation with States (Sections 301 and 302; 
see 49 U.S.C. 24402(e) for additional information on Amtrak's 
eligibility requirements when applying for grants in cooperation with 
States).

3.2 Minimum Qualifications for Applicant Eligibility

    An applicant must, in addition to demonstrating that it meets the 
requirements as an eligible entity, affirmatively demonstrate that the 
applicant has or will have the legal, financial, and technical capacity 
to carry out the activities proposed within an application. A 
prospective applicant that does not fall within the definition of a 
State, group of States, or Amtrak will also be required to submit 
documentation (such as copies of legislation) demonstrating its legal 
authority to provide intercity or high-speed passenger rail service on 
behalf of a State or group of States.
    In addition, the applicant must demonstrate that it has or will 
have satisfactory continuing control over the use of equipment or 
facilities acquired, constructed, or improved by the project and the 
capability and willingness to maintain such equipment or facilities.
    For an applicant to demonstrate the legal, financial, and technical 
capacity to carry out the activities proposed in the application, the 
applicant will be required to address the following qualifications:
    <bullet> The applicant's ability to absorb potential cost overruns 
or financial shortfalls;
    <bullet> The applicant's experience in effectively administering 
grants of similar scope and value (including timely completion of grant 
deliverables, compliance with grant conditions, and quality and cost 
controls); and
    <bullet> The applicant's experience in managing railroad investment 
project development activities of a nature similar to those for which 
funding is being requested.
    For an applicant to demonstrate that it has or will have 
satisfactory continuing control over the use of equipment or facilities 
acquired, constructed, or improved by the project, the applicant will 
be required to show either:
    <bullet> That the applicant has or will have direct ownership of 
the equipment or facilities acquired, constructed, or improved by the 
project; or
    <bullet> That the applicant has secured or has made progress 
towards securing and will have enforceable contractual agreements 
providing satisfactory continuing control in place with the entity or 
entities (e.g., one or more railroads, or a local government) that have 
or will have direct ownership of such assets.
    For an applicant to demonstrate that it has or will have the 
capability and willingness to maintain the equipment or facilities 
acquired, constructed, or improved by the project, the applicant will 
be required to show:
    <bullet> That it has made progress toward, and will have 
contractual agreements in place with, any entity or entities (e.g., one 
or more railroads, or a local government) that have or will have direct 
ownership of the equipment or facilities acquired, constructed, or 
improved by the project, which address financial and operational 
responsibility for asset use and maintenance for the useful life of the 
asset;
    <bullet> That, to the extent financial responsibility will fall to 
the applicant, a viable funding source(s) has been identified to cover 
maintenance costs; and
    <bullet> The applicant's experience in maintaining assets with 
similar financial and operational maintenance requirements as those 
assets for which funding is being requested.
    Information and documentation demonstrating the fulfillment of the 
minimum qualifications described above must be submitted as part of the 
application (see Section 4.2).

3.3 Cost Sharing

3.3.1 Applicant Cost Sharing
    While the minimum required non-Federal share of total project costs 
will vary based on the source of funding, all applicants are encouraged 
to contribute non-Federal matching funds from their own, their partner 
project sponsors', or other interested parties' resources. Matching 
funds provided in excess of the minimum requirements will be considered 
in evaluating the merit of an application.
    FRA may chose to award funds under the Recovery Act, FY 2010 DOT 
appropriations, other sources, or a combination at its discretion, 
regardless of any preferences expressed by the applicant. The Federal 
share of the costs of projects selected to receive Recovery Act awards 
may be up to 100 percent. The Federal share of the costs of projects 
selected to receive FY 2010 DOT appropriations awards shall not exceed 
80 percent.
3.3.2 Requirements for Applicant Cost Sharing
    Whether optional (for Recovery Act funding) or mandatory (for FY 
2010 funding), an applicant's contribution toward the cost of its 
proposed project may be in the form of cash or, with FRA approval, in-
kind contributions of services or supplies related to the activities 
proposed for funding. As part of its application, an applicant offering 
an in-kind contribution must provide a documented estimate of the 
monetary value of any such contribution and its eligibility under 49 
CFR 18.24 or 19.23. However, all in-kind contributions must be 
allowable, reasonable, allocable, and in accordance with applicable OMB 
cost principles, and must not represent double-counting of costs 
otherwise accounted for in an indirect cost rate pursuant to which the 
applicant will seek reimbursement.
    The applicant must provide, as part of its application, 
documentation that demonstrates that it has committed and will be able 
to fulfill any required or pledged contribution, including committing 
any required financial resources that are budgeted or planned at the 
time the application is submitted.
    All applicants will be required to identify a viable funding 
source(s) at the time of application to absorb any cost overruns and 
deliver the proposed project with no Federal funding or financial 
assistance beyond that provided in the cooperative agreement.

3.4 Eligible Projects

3.4.1 Definition of Capital Projects
    Capital projects are defined by 49 U.S.C. 24401(2) and 49 U.S.C. 
26106(b)(3) as acquiring, constructing, improving, or inspecting 
equipment, track and track structures, or a facility for use in or for 
the primary benefit of high-speed and intercity passenger rail service, 
expenses incidental to the acquisition or construction (including 
designing, engineering, location surveying, mapping, environmental 
studies, and acquiring rights-of-way), payments for the capital 
portions of rail trackage rights agreements, highway-rail grade 
crossing improvements related to high-speed and intercity passenger 
rail service, mitigating environmental impacts, communication and 
signalization improvements, relocation assistance, acquiring 
replacement housing sites, acquiring, constructing, relocating, and 
rehabilitating replacement housing, rehabilitating, remanufacturing or 
overhauling rail rolling stock and facilities used primarily in 
intercity passenger rail service; providing access to rolling stock

[[Page 14446]]

for nonmotorized transportation and storage capacity in trains for such 
transportation, equipment, and other luggage. FRA will not fund 
activities not included in this definition nor consider the funding of 
any such activities in calculating an applicant's required cost share.
3.4.2 Eligible Service Development Programs
    Eligible Service Development Programs under this funding 
announcement must consist of a coordinated and comprehensive grouping 
of capital projects that will result in the introduction of new high-
speed or intercity passenger rail services or significant improvements 
to existing corridor services (see Section 3.4.1 for more information 
about capital projects). These investments will generally address, in a 
comprehensive manner, the construction and acquisition of 
infrastructure, equipment, and stations, and other facilities necessary 
to operate high-speed and intercity passenger rail service.
    To be considered eligible for HSIPR program funding, an applicant 
applying for funding for a Service Development Program must have 
completed and submitted a NEPA document satisfying FRA's ``Service 
NEPA'' requirement with its application. Project PE, site-specific 
NEPA, final design, and construction activities are eligible to receive 
funding.
    For applications for Service Development Programs that are intended 
to advance directly into final design, FRA requires project NEPA 
documents and all PE for project components to be completed and 
submitted with the application.
3.4.3 Eligible Individual Projects
    Individual Projects are discrete capital projects that will result 
in service benefits or other tangible improvements on a corridor (see 
Section 3.4.1 for more information about capital projects). Eligible 
Individual Project activities under this funding announcement include 
completion of PE/NEPA documentation, FD, and construction activities. 
These activities are broken into two categories for the purpose of this 
solicitation and the application process:
    <bullet> PE/NEPA completion: Activities proposed in an application 
must include all remaining work needed to complete both PE and NEPA 
documentation to be eligible. The resulting PE/NEPA documents must be 
sufficiently developed to support immediate commencement of final 
design or construction activities; however, these final design and 
construction activities would not be funded as part of the grant award.
    <bullet> FD/Construction activities: Applications should include 
the design, construction, and full implementation of projects that have 
completed PE/NEPA requirements. FRA may consider funding only final 
design for projects that represent a critical strategic investment for 
HSIPR service, are sufficiently complex and broad in scope, and for 
which final design would constitute a substantial step in implementing 
the project.
3.4.4 Previously-Selected Projects
    FRA will not make awards for activities or component projects under 
this solicitation that were selected to receive HSIPR program funding 
under any previous solicitation. However, applicants may submit an 
application to augment a project or component thereof that was selected 
under a previous solicitation. In this instance, the application must 
demonstrate the following:
    <bullet> The applicant has, at the time it submits the new 
application, sufficiently refined the scope of previously-selected 
elements of the project to ensure those elements will have operational 
independence, as defined in Section 3.5.2 of this notice;
    <bullet> Any new elements of a project proposed in the current 
application will also have operational independence;
    <bullet> The applicant possesses the capacity and capability to 
manage and implement the proposed increase in scope of the project in 
addition to the scope of work previously selected to receive funding; 
and
    <bullet> There is a demonstrated current need for additional 
funding to implement the proposed increase in scope of the project and 
the ability to expend the original and additional funds in the near 
term.

3.5 Additional Eligibility Requirements

3.5.1 Project Planning
    All projects must be identified through a transparent, inclusive 
planning process that analyzes the investment needs and objectives for 
the intercity passenger rail service that the project is intended to 
benefit.
    For Service Development Programs, this planning process must be 
documented in a detailed Service Development Plan (SDP) that lays out 
the overall scope and approach for the proposed service. Individual 
Projects must be identified through a Service Development Plan, State 
Rail Plan, or similar planning document that comprehensively analyzes 
the service improvement needs on a specific corridor.
    At a minimum, the planning process for both Service Development 
Programs and Individual Projects must demonstrate that the project has 
been identified as the best solution for solving a specific existing 
transportation problem, and make the case for investing in the proposed 
solution. In doing so, the planning process must encompass activities 
such as identifying the purpose and need for the project and analyzing 
the costs, benefits, and impacts of a range of alternatives for 
implementing the project.
3.5.2 Operational Independence
    All projects that are proposed to be advanced using HSIPR program 
funding must have operational independence. A project is considered to 
have operational independence if, upon implementation, it will have 
tangible and measurable benefits, either independently of other 
investments or cumulatively with projects selected to receive awards 
under previous HSIPR program solicitations (see Section 3.4.4 for more 
information about previously-selected projects). Examples of tangible 
and measurable benefits include operational reliability improvements, 
travel-time reductions, and additional service frequencies resulting in 
increased ridership. Additionally, a Service Development Program may 
demonstrate operational independence by resulting in tangible and 
measurable progress in implementing new or substantially improved high-
speed or intercity passenger rail service.
3.5.3 Availability of Funds
    FRA intends to select applications for projects that can promptly 
proceed to award. Statutorily, FRA must obligate all Recovery Act funds 
by September 30, 2012. If funding announced under FY 2010 annual 
appropriations is not obligated within 2 years of the date of the 
announcement, FRA may redistribute the funds to other HSIPR projects at 
the FRA Administrator's discretion (49 U.S.C. 24402(h)). Similarly, FRA 
may require the return of obligated funds that remain unexpended if the 
grantee is not making satisfactory progress in implementing the project 
or program as provided for in the cooperative agreement.
3.5.4 Funding Restrictions
    In general, only those costs considered allowable pursuant to OMB 
Circular A-87, ``Cost Principles for State, Local, and Indian Tribal 
Governments'' (codified at 2 CFR part 225), will be considered for 
funding.

[[Page 14447]]

Additionally, the following funding restrictions will apply to 
cooperative agreements awarded under this solicitation and must be 
taken into consideration in the development of budget information 
submitted as part of an application:
    <bullet> Funding may not be used for expenses associated with the 
operation of intercity passenger rail service;
    <bullet> Funding may not be used for projects that primarily 
benefit commuter rail passenger transportation;
    <bullet> Funding may not be used for projects in which the physical 
improvements are located outside the United States; and
    <bullet> While there is no cap on a grant recipient's use of grant 
funds for management and administrative costs, such costs must be 
allowable, reasonable, allocable, and in accordance with applicable OMB 
cost principles cited above.
    FRA will also consider reimbursement of pre-award costs incurred 
after the enactment of the applicable appropriations legislation 
(February 17, 2009, for the Recovery Act or December 16, 2009, for the 
FY 2010 DOT Appropriations Act). However, such costs will be considered 
for reimbursement only to the extent that they are otherwise allowable 
under the applicable cost principles. To the extent such pre-award 
costs are incurred prior to the date of submission of an application, 
the application must show in detail what costs have been incurred in 
order for such costs to be considered for reimbursement. Projects for 
which construction activities commenced prior to receipt of an FRA 
environmental determination under NEPA will not be eligible for 
funding.
    Additionally, a grant recipient may not generally expend any of the 
funds provided in an award on construction or other activities that 
represent an irretrievable commitment of resources to a particular 
course of action affecting the environment until after all 
environmental and historic preservation analyses required by the 
National Environmental Policy Act (42 U.S.C. 4332) (NEPA), the National 
Historic Preservation Act (16 U.S.C. 470(f)) (NHPA), and related laws 
and regulations have been completed and FRA has provided the grant 
recipient with a written notice authorizing it to proceed.
3.5.5 Standards for Equipment Procurement or Design Grants
    If the applicant is seeking a grant for the procurement or design 
of railroad equipment, the proposed equipment should be consistent with 
specifications developed by the Next Generation Corridor Equipment Pool 
Committee. This Committee was established under Section 305 of PRIIA to 
develop a pool of standardized next-generation rail corridor equipment.
3.5.6 Positive Train Control (PTC)
    If, as a component of an investment intended to benefit high-speed 
or intercity passenger rail service, a project involves installation 
and/or improvements to railroad signaling/control systems, the 
application must demonstrate that the proposed improvements are 
consistent with a comprehensive plan for complying with the 
requirements for PTC implementation under Section 104 of the Rail 
Safety Improvement Act of 2008 (``RSIA,'' Division A of Pub. L. 110-
432, October 16, 2008, codified at 49 U.S.C. 20157) and with FRA's 
final rule on Positive Train Control Systems published in the Federal 
Register on January 15, 2010 (75 FR 2598) and September 27, 2010 (75 FR 
59108).

Section 4: Application and Submission Information

4.1 Application Procedures

4.1.1 Applying Online Through GrantSolutions
    All applications must be submitted to FRA through GrantSolutions 
(GS). To access the system, go to https://www.grantsolutions.gov. All 
potential applicants should immediately complete the following three 
steps, which are required prior to submitting an application through 
GS. These steps can take up to ten days for the systems/information-
owners to process:
    <bullet> Register in GS. Go to https://www.grantsolutions.gov and 
select ``Register'' on the right side of the page to register, if not 
previously registered.
    <bullet> Obtain a Data Universal Number System (DUNS) number. All 
applicants must include a DUNS number in their application. 
Applications without a DUNS number are incomplete. A DUNS number is a 
unique nine-digit number recognized as the universal standard for 
identifying and keeping track of entities receiving Federal funds. The 
identifier is used for tracking purposes and to validate address and 
point of contact information for Federal assistance applicants, 
recipients and subrecipients. The DUNS number will be used throughout 
the grant lifecycle. Obtaining a DUNS number is a free, simple, one-
time activity. Obtain a number by calling 1-866-705-5177 or by applying 
online at http://fedgov.dnb.com/webform/displayHomePage.do.
    <bullet> Register in the Central Contractor Registration (CCR) 
database. FRA also requires that all applicants (other than 
individuals) for Federal financial assistance maintain current 
registrations in the CCR database. The CCR database is the repository 
for standard information about Federal financial assistance applicants, 
recipients, and subrecipients. Organizations that have previously 
submitted applications via http://www.grants.gov or GrantSolutions 
should already be registered with CCR. Please note that applicants must 
update or renew their CCR registration at least once per year to 
maintain an active status. Information about registration procedures 
can be accessed at http://www.ccr.gov.
4.1.2 Address To Request Paper Application Package
    If Internet access is unavailable, please write to FRA at the 
address below to request a paper application.

U.S. Department of Transportation, Federal Railroad Administration, 
Attn: HSIPR Program Information (RPD-10), Mail Stop 20, 1200 New Jersey 
Avenue, SE., Washington, DC 20590.

4.2 Application Package

    Required documents for the application package are summarized in 
the checklist below.
BILLING CODE 4910-06-P

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                                 Application Checklist
 

                         [GRAPHIC] [TIFF OMITTED] TN16MR11.006
                         

[[Page 14449]]

[GRAPHIC] [TIFF OMITTED] TN16MR11.007

BILLING CODE 4910-06-C
    Applicants must complete and submit all components of the 
application package; failure to do so may result in the application 
being removed from consideration for award. All components of the 
application package must be submitted through GrantSolutions (including 
optional supporting documentation), as described in Section 4.1.1. For 
any other documentation required prior to award that is not specified 
in this notice, FRA will make individual arrangements with applicants 
for the submission of the required documentation.
    Program-specific forms and requirements for supporting 
documentation may be downloaded from FRA's Web site at http://www.fra.dot.gov/rpd/passenger/477.shtml. Specific instructions for 
completing these forms can be found within each document. Further 
information regarding the required supporting documentation may be 
found with the relevant application forms.
    Standard OMB forms will be available electronically on the Funding 
Opportunity page at http://www.GrantSolutions.gov. The Funding 
Opportunity screen provides applicants with general announcement 
information and access to these required application materials. In 
addition, applicants can apply online through this screen.
    The FRA Assurances document can be obtained from FRA's Web site at 
http://www.fra.dot.gov/downloads/admin/assurancesandcertifications.pdf. 
The document should be signed by an authorized certifying official for 
the applicant, scanned into electronic format, and submitted through 
GrantSolutions.
4.2.1 Application Phasing
    It is in the best interest of each applicant--particularly those 
submitting an application for a Service Development Program that is 
exceptionally complex, long-term, or broad in scope--to recognize the 
limited funding available. Therefore, an application's competitiveness 
may be improved by demonstrating how a proposed project could be 
divided into discrete phases, each with operational independence, based 
on geographic section, type of activity, discrete benefits and costs, 
or other appropriate criteria. Applicants pursuing this option should 
submit a single application that identifies the discrete phases, 
component projects, and resulting benefits of each phase. This approach 
will provide FRA the flexibility to select for funding those phases 
that are sufficiently developed to realize significant benefits, rather 
than selecting or not selecting the entire project based on 
insufficient development of some constituent parts.
4.2.2 Optional Supporting Documentation
    To support the application, FRA welcomes the submission of other 
relevant and available supporting documentation that may have been 
developed by the applicant. The format and structure of any optional 
supporting documents is at the discretion of the applicant. Optional 
supporting documentation may be provided one of two ways: (1) As 
attachments to the application or (2) in hard copy to the address in 
Section 4.5 for materials that cannot otherwise be provided 
electronically. Applicants should provide notification of any 
documentation being submitted in hard copy in the appropriate section 
of the HSIPR Narrative Application Form.

4.3 Submission Dates and Times

    Applications for these funds must be submitted through 
GrantSolutions by 8 p.m. EDT on Monday, April 4, 2011.

4.4 Intergovernmental Review

    This program has not been designated as subject to Executive Order 
12372 pursuant to 49 CFR part 17.

4.5 Other Submission Information

    As detailed in Section 4.1.1, all application materials, including 
supporting documentation, should be submitted through GrantSolutions. 
Should an applicant encounter technological difficulties using the 
GrantSolutions system, please contact the GrantSolutions Help Desk at 
1-866-577-0771 or via e-mail at <a href="/cdn-cgi/l/email-protection#80e8e5ecf0c0e7f2e1eef4f3efecf5f4e9efeef3aee7eff6"><span class="__cf_email__" data-cfemail="c8a0ada4b888afbaa9a6bcbba7a4bdbca1a7a6bbe6afa7be">[email protected]</span></a>. If the 
applicant experiences technological issues that may cause the applicant 
to miss the application deadline, the applicant must contact FRA at 
<a href="/cdn-cgi/l/email-protection#6f273c263f3d2f0b001b41080019"><span class="__cf_email__" data-cfemail="94dcc7ddc4c6d4f0fbe0baf3fbe2">[email protected]</span></a> immediately, and prior to the application deadline, to 
request consideration to submit the application after the deadline. FRA 
staff may ask the applicant to e-mail the complete grant application, 
the DUNS number, and provide a GrantSolutions Customer Support tracking 
number(s). After FRA reviews all of the information submitted and 
contacts the GrantSolutions Customer Support to validate the technical 
issues reported, FRA will contact the applicant to either approve or 
deny the request to submit a late application. If the issues reported 
cannot be validated, the application may be rejected as untimely. For 
applications submitted by e-mail, the applicant should print, sign, 
scan into electronic format (preferably Adobe Portable Document Format 
(.pdf)), and attach to the submission e-mail copies

[[Page 14450]]

of all application forms requiring the applicant's signature.
    For optional supporting documentation that an applicant is unable 
to submit electronically (such as oversized engineering drawings), an 
applicant may submit an original and two copies to the address below. 
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.

U.S. Department of Transportation, Federal Railroad Administration, 
Attn: HSIPR Program Information (RPD-10) Room 38-302, Mail Stop 20, 
1200 New Jersey Avenue, SE., Washington, DC 20590.

Section 5: Application Review Information

5.1 Application Review and Selection

    Complete applications are due by 8 p.m. EDT on Monday, April 4, 
2011. Applications will proceed through a three-part review process:
    1. Screening for completeness and eligibility;
    2. Review of eligible applications by technical panels applying 
evaluation criteria; and
    3. Project selection by the FRA Administrator applying additional 
selection criteria.
    Each application will first be screened for completeness 
(containing all required documentation outlined in Section 4.2) and 
eligibility (requirements outlined in Section 3). Eligible and complete 
applications will then be reviewed and assessed against the evaluation 
criteria outlined in Section 5.2. Due both to statutory requirements 
and the overall objectives of the Recovery Act, FRA intends to select 
projects that can promptly proceed to award. As such, the evaluation 
criteria, ranked in order of priority, are:
    1. Project Readiness.
    2. Public Benefits.
    3. Project Delivery Approach.
    4. Sustainability of Benefits.
    The ratings assigned for the four evaluation criteria above will 
not in themselves constitute the final award determination. The agency 
will also take into consideration several cross-cutting and comparative 
selection criteria (see Section 5.3) to determine awards. In accordance 
with 49 U.S.C. 24402(c), FRA may also consider ``other relevant factors 
as determined by the Secretary'' of Transportation.
    For applications for funding for Service Development Programs or 
FD/Construction activities, the project readiness, benefit, delivery, 
and cross-cutting and comparative criteria will be applied to the 
proposed projects. For applications for funding for PE/NEPA completion, 
these criteria will be applied to the underlying projects that will be 
the subject of PE/NEPA development, except where explicitly indicated.

5.2 Evaluation Criteria

5.2.1 Project Readiness
    The following factors will be considered in assessing the readiness 
of the proposed project to proceed promptly to award:
    <bullet> The applicant's progress, at the time of application, in 
reaching compliance with NEPA for the proposed project. Although a NEPA 
decision document (Record of Decision, Finding of No Significant 
Impact, Categorical Exclusion determination) is not required at the 
time of application, applications for Service Development Programs and 
Individual FD/Construction Projects that are accompanied by a final 
NEPA determination will be looked upon favorably during the application 
review and selection process;
    <bullet> The applicant's progress, at the time of application, in 
reaching final service outcomes agreements (where necessary) with key 
project partners. Applicants that own and/or control the infrastructure 
to be improved by the project or have a service outcomes agreement in 
place with the infrastructure owning railroad for the proposed project, 
or an executed agreement that could be amended with the infrastructure 
owning railroad for a project(s) located on the same corridor as the 
proposed project, will be looked upon favorably during the application 
review and selection process; and
    <bullet> The quality and completeness of the project's Statement of 
Work (included in the HSIPR Narrative Application Form), including 
whether the Statement of Work provides a sufficient level of detail 
regarding scope, schedule, and budget to immediately advance the 
project to award.
5.2.2 Public Benefits
    Economic analysis that quantifies and demonstrates the monetary 
value of user benefits and, if available, broader public benefits will 
be particularly relevant to FRA in evaluating applications. The 
systematic process of comparing expected benefits and costs helps 
decision-makers organize information about, and evaluate trade-offs 
between, alternative transportation investments. FRA may consider 
benefits and costs using standard data provided by applicants and will 
evaluate applications in a manner consistent with Executive Order 
12893, Principles for Federal Infrastructure Investments, 59 FR 4233 
(January 31, 1994).
    Evaluation against the public benefits criterion will consider the 
qualitative factors outlined below, as supported by key quantitative 
metrics.
5.2.2.1 Transportation Benefits
    The following factors will be considered in assessing a proposed 
project's achievement of transportation benefits:
    <bullet> Generating improvements to existing high-speed and 
intercity passenger rail service, as reflected by estimated increases 
in ridership, increases in operational reliability, reductions in trip 
times, additional service frequencies to meet anticipated or existing 
demand, and other related factors;
    <bullet> Generating cross-modal benefits, including anticipated 
favorable impacts on air or highway traffic congestion, capacity, or 
safety, and cost avoidance or deferral of planned investments in 
aviation and highway systems;
    <bullet> Creating an integrated high-speed and intercity passenger 
rail network;
    <bullet> Encouragement of intermodal connectivity and integration, 
including a focus on convenient connection to local transit and street 
networks, as well as coordination with local land use and station area 
development;
    <bullet> Ensuring a state of good repair of key intercity passenger 
rail assets;
    <bullet> Promoting standardized rolling stock, signaling, 
communications, and power equipment;
    <bullet> Improved freight or commuter rail operations, in relation 
to proportional cost-sharing (including donated property) by those 
other benefiting rail users;
    <bullet> Equitable financial participation from benefiting entities 
in the project's financing;
    <bullet> Encouragement of the implementation of positive train 
control (PTC) technologies (with the understanding that 49 U.S.C. 20147 
requires all Class I railroads and entities that provide regularly 
scheduled intercity or commuter rail passenger services to fully 
institute interoperable PTC systems by December 31, 2015); and
    <bullet> Incorporating private investment in the financing of 
capital projects or service operations.
5.2.2.2 Other Public Benefits
    The following factors will be considered in assessing the proposed

[[Page 14451]]

project's achievement of other public benefits:
    <bullet> The extent to which the project is expected to create and 
preserve jobs and stimulate increases in economic activity;
    <bullet> Promoting environmental quality, energy efficiency, and 
reduction in dependence on oil, including the use of renewable energy 
sources, energy savings from traffic diversions from other modes, 
employment of green building and manufacturing methods, reductions in 
key emissions types, and the purchase and use of environmentally 
sensitive, fuel-efficient, and cost-effective passenger rail equipment; 
and
    <bullet> Promoting coordination between the planning and investment 
in transportation, housing, economic development, and other 
infrastructure decisions along the corridor, as identified in the six 
livability principles developed by DOT with the Department of Housing 
and Urban Development and the Environmental Protection Agency as part 
of the Partnership for Sustainable Communities, which are listed fully 
at http://www.dot.gov/affairs/2009/dot8009.htm.
5.2.3 Project Delivery Approach
    The following factors will be considered in assessing the risk 
associated with the proposed project's delivery within budget, 
schedule, and as designed (for applications to complete PE/NEPA 
documentation, the following factors will be applied to the proposed 
PE/NEPA development activities rather than to the underlying project):
    <bullet> The timeliness of project completion and the realization 
of the project's benefits;
    <bullet> The applicant's financial, legal, and technical capacity 
to implement the project;
    <bullet> The applicant's experience in administering similar grants 
and projects;
    <bullet> The soundness and thoroughness of the cost methodologies, 
assumptions, and estimates;
    <bullet> The thoroughness and quality of the Project Management 
Plan;
    <bullet> The timing and amount of the project's future noncommitted 
investments;
    <bullet> The adequacy of any completed engineering work to assess 
and manage/mitigate the proposed project's engineering and 
constructability risks (does not apply to PE/NEPA projects); and
    <bullet> The sufficiency of system safety and security planning 
(does not apply to PE/NEPA projects).
5.2.4 Sustainability of Benefits
    The following factors will be considered in assessing the 
likelihood of realizing the proposed project's benefits:
    <bullet> The applicant's financial contribution to the project;
    <bullet> The quality of a Financial Plan that analyzes the 
financial viability of the proposed rail service;
    <bullet> The quality and reasonableness of revenue, operating, and 
maintenance cost forecasts;
    <bullet> The availability of any required operating financial 
support, preferably from dedicated funding sources;
    <bullet> The quality and adequacy of project identification and 
planning;
    <bullet> The reasonableness of estimates for user and non-user 
benefits for the project; and
    <bullet> The reasonableness of the operating service plan.

5.3 Selection Criteria

    The FRA Administrator will also use the criteria below to further 
ensure that the projects selected for funding will advance key 
priorities for the development of high-speed and intercity passenger 
rail and contribute positively to the success and sustainability of the 
HSIPR program.
5.3.1 Fulfillment of DOT Strategic Goals
    <bullet> Improving transportation safety.
    <bullet> Maintaining transportation infrastructure in a state of 
good repair.
    <bullet> Promoting economic competitiveness.
    <bullet> Fostering livable communities.
    <bullet> Advancing environmentally sustainable transportation 
policies.
5.3.2 Region/Location
    <bullet> Ensuring appropriate level of regional balance across the 
country.
    <bullet> Ensuring consistency with national transportation and rail 
network objectives.
    <bullet> Ensuring integration with other rail services and 
transportation modes.
5.3.3 Innovation/Resource Development
    <bullet> Pursuing new rail technologies that result in favorable 
public return on investment and ensure delivery of project benefits.
    <bullet> Promoting innovations that demonstrate the value of new 
approaches to, among other things, transportation funding and finance, 
contracting, project delivery, congestion management, safety 
management, asset management, or long-term operations and maintenance.
    <bullet> Advancing the state of the art in modeling techniques for 
assessing costs and benefits.
    <bullet> Promoting domestic manufacturing, supply, and industrial 
development.
    <bullet> Developing professional railroad engineering, operating, 
planning, and management capacity.
5.3.4 Partnerships/Participation
    <bullet> Where corridors span multiple States, emphasizing those 
that have organized multi-State partnerships with joint planning and 
prioritization of investments.
    <bullet> Where Amtrak is the applicant, considering the 
partnerships with and/or demonstrated support for the project by 
entities authorized to plan, design, construct, operate, maintain and/
or finance intercity or high-speed passenger rail in the affected 
States.
    <bullet> Employing creative approaches to ensure workforce 
diversity and use of disadvantaged and minority business enterprises.
    <bullet> Engaging local communities and other stakeholder groups in 
the project.
5.3.5 Project Delivery/Integration
    <bullet> Assessing the applicant's means for achieving satisfactory 
continuing control over project assets in a timely manner, including, 
but not limited to, public ownership of project assets or service 
outcomes agreements with railroad operator(s) and infrastructure-owning 
railroad(s) at the time of application.
    <bullet> Assessing the quality and completeness of the Statement of 
Work (included in the HSIPR Narrative Application Form), including 
whether the Statement of Work provides a sufficient level of detail 
regarding scope, schedule, and budget to immediately advance the 
project to award;
    <bullet> Assessing how a proposed project would complement previous 
awards made under the HSIPR or related programs.
    <bullet> Assessing how the proposed project would complement 
previous State investments in high-speed intercity passenger rail.
    <bullet> Assessing the applicant's track record in sustainable 
funding and project delivery, both within the HSIPR program and other 
Federal financing programs.

Section 6: Award Administration Information

6.1 Award Notices

    Applications selected for funding will be announced after the 
application review period. FRA will contact applicants with successful 
applications after announcement with information and instructions about 
the award process. Notification of a selected

[[Page 14452]]

application is not an authorization to begin proposed project 
activities.

6.2 Administrative and National Policy Requirements

    The provisions of this section apply to grant recipients of the 
HSIPR program.
6.2.1 Contracting Information
    A grant recipient's procurement of goods and services must comply 
with the Procurement Standards requirements set forth at 49 CFR 18.36 
or 49 CFR 19.40 through 19.48, whichever is applicable depending on the 
type of grantee (part 18 covers State and local governments and part 19 
covers non-profit and for-profit entities), and with applicable 
supplementary U.S. DOT or FRA directives or regulations.
6.2.2 Compliance With Federal Civil Rights Laws and Regulations
    The grant recipient must comply with all civil rights laws and 
regulations, in accordance with applicable Federal directives, except 
to the extent that FRA determines otherwise in writing. These include, 
but are not limited to, the following: (a) Title VI of the Civil Rights 
Act of 1964 (Pub. L. 88-352) (as implemented by 49 CFR part 21), which 
prohibits discrimination on the basis of race, color or national 
origin; (b) Title IX of the Education Amendments of 1972, as amended 
(20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on 
the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as 
amended (29 U.S.C. 794), which prohibits discrimination on the basis of 
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 
U.S.C. 1601-1607), which prohibits discrimination on the basis of age; 
(e) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), 
as amended, relating to nondiscrimination on the basis of drug abuse; 
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, 
Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, 
relating to nondiscrimination on the basis of alcohol abuse or 
alcoholism; (g) Sections 523 and 527 of the Public Health Service Act 
of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to 
confidentiality of alcohol and drug abuse patient records; (h) Title 
VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as 
amended, relating to nondiscrimination in the sale, rental, or 
financing of housing, (i) 49 U.S.C. 306, which prohibits discrimination 
on the basis of race, color, national origin, or sex in railroad 
financial assistance programs; (j) any other nondiscrimination 
provisions in the specific statute(s) under which application for 
Federal assistance was made; and (k) the requirements of any other 
nondiscrimination statute(s) which may apply to the grant recipient. 
Grant recipients must comply with all regulations, guidelines, and 
standards adopted under the above statutes. The grant recipient is also 
required to submit information, as required, to the FRA Office of Civil 
Rights concerning its compliance with these laws and implementing 
regulations and its activities implementing a grant award.
6.2.3 Disadvantaged Business Enterprises (DBE)
    The grant recipient will be required to provide maximum practicable 
opportunities for small businesses, including veteran-owned small 
businesses and service disabled veteran-owned small businesses and 
implement best practices, consistent with our nation's civil rights and 
equal opportunity laws, for ensuring that all individuals--regardless 
of race, gender, age, disability, and national origin--benefit from the 
activities funded under the HSIPR program. The DOT Disadvantaged 
Business Enterprises (DBE) regulation (49 CFR part 26) applies only to 
certain categories of Federal highway, Federal transit, and airport 
funds, however, incorporating key elements of this DBE program in 
contracts awarded by grant recipients under the HSIPR program would be 
an excellent example of a best practice for ensuring that all 
individuals, regardless of race, gender, age, disability, and national 
origin, benefit from the program. The grant recipient will be required 
to provide FRA with a plan for ensuring the use of contractors owned 
and controlled by socially and economically disadvantaged individuals 
and to submit information to the FRA Office of Civil Rights concerning 
its activities with respect to DBEs in implementing a grant award.
6.2.4 Assurances and Certifications
    Upon acceptance of the grant by FRA, all certifications and 
assurances provided by the grant recipient through the application 
process are incorporated in and become part of the cooperative 
agreement. Applicable forms include SF 424(A)/(B), SF 424(C)/(D), and 
FRA's Assurances and Certification form. The OMB Standard Forms can be 
accessed at http://www.forms.gov. The FRA Assurances and Certifications 
Document is available at http://www.fra.dot.gov/downloads/admin/assurancesandcertifications.pdf.
6.2.5 Debarment and Suspension; and Drug-Free Workplace
    Grant recipients must obtain certifications on debarment and 
suspension for all third party contractors and subgrantees and comply 
with all DOT regulations, ``Nonprocurement Suspension and Debarment'' 
(2 CFR part 1200), and ``Governmentwide Requirements for Drug-Free 
Workplace (Financial Assistance)'' (49 CFR part 32).
6.2.6 Safety Oversight
    Grant recipients must comply with any Federal regulations, laws, 
policy, and other guidance that FRA or DOT may issue pertaining to 
safety oversight in general and in the performance of any grant award 
in particular. FRA has in place a comprehensive system of railroad 
safety oversight (see 49 CFR part 209 et seq.) that is applicable to 
railroad operations generally.
6.2.7 Americans With Disabilities Act (ADA)
    Grant recipients must agree to use funds provided under the 
cooperative agreement in a manner consistent with the requirements of 
Title II of the Americans with Disabilities Act (ADA) of 1990, as 
amended; Section 504 of the Rehabilitation Act of 1973, as amended (29 
U.S.C. 794); and both statutes' implementing regulations at 49 CFR 
parts 27, 37, and 38. DOT (through its delegate FRA) has responsibility 
to offer technical assistance for the provisions of the ADA about which 
it issues regulations. 42 U.S.C. 12206(c)(1) reads: ``Each Federal 
agency that has responsibility under paragraph (2) for implementing 
this chapter may render technical assistance to individuals and 
institutions that have rights or duties under the respective 
subchapters of this chapter for which such agency has responsibility.'' 
Grant recipients are strongly encouraged to seek FRA's technical 
assistance with regard to the accessible features of passenger rail 
systems, to include accessibility at stations and on railcars. FRA 
believes such technical assistance is essential where interpretation of 
DOT's regulatory requirements is necessary and/or before the creation 
of any new rail system.
6.2.8 Environmental Protection
    All facilities that will be used to perform work under an award 
shall not be so used unless the facilities are designed and equipped to 
limit water and air pollution in accordance with all applicable local, 
State, and Federal standards.

[[Page 14453]]

    Grant recipients will conduct work under an award and will require 
that work that is conducted as a result of an award be in compliance 
with the following provisions, as modified from time to time: Section 
114 of the Clean Air Act, 42 U.S.C. 7414, and Section 308 of the 
Federal Water Pollution Control Act, 33 U.S.C. 1318, and all 
regulations issued there under. Through the cooperative agreement, 
grant recipients will certify that no facilities that will be used to 
perform work under an award are listed on the List of Violating 
Facilities maintained by the Environmental Protection Agency (EPA). 
Grant recipients will be required to notify the FRA Administrator as 
soon as it or any contractor or subcontractor receives any 
communication from the EPA indicating that any facility which will be 
used to perform work pursuant to an award is under consideration to be 
listed on the EPA's List of Violating Facilities; provided, however, 
that the grant recipient's duty of notification shall extend only to 
those communications of which it is aware, or should reasonably have 
been aware. Grant recipients will need to include or cause to be 
included in each contract or subcontract entered into, which contract 
or subcontract exceeds $50,000.00 in connection with work performed 
pursuant to an award, the criteria and requirements of this section and 
an affirmative covenant requiring such contractor or subcontractor to 
immediately inform the grant recipient upon the receipt of a 
communication from the EPA concerning the matters set forth herein.
6.2.9 National Environmental Policy Act (NEPA)
    The following is a description of FRA's standard grant provisions 
on NEPA compliance.
    Generally, grant recipients may not expend any of the funds 
provided in an award on construction or other activities that represent 
an irretrievable commitment of resources to a particular course of 
action affecting the environment until after all environmental and 
historic preservation analyses required by the National Environmental 
Policy Act (42 U.S.C. 4332) (NEPA), the National Historic Preservation 
Act (16 U.S.C. 470(f)) (NHPA), and related laws and regulations have 
been completed and FRA has provided the grant recipient with a written 
notice authorizing them to proceed.
    In instances where NEPA approval has not been secured at the time 
of grant award, grant recipients are required to assist FRA in its 
compliance with the provisions of NEPA, the Council on Environmental 
Quality's regulations implementing NEPA (40 CFR part 1500 et seq.), 
FRA's ``Procedures for Considering Environmental Impacts'' (45 FR 
40854, June 16, 1980, as revised May 26, 1999, 64 FR 28545), Section 
106 of the NHPA, and related environmental and historic preservation 
statutes and regulations. As a condition of receiving financial 
assistance under an award, grant recipients may be required to conduct 
certain environmental analyses and to prepare and submit to FRA draft 
documents required under NEPA, NHPA, and related statutes and 
regulations (including draft environmental assessments and proposed 
draft and final environmental impact statements).
    No publicly-owned land from a park, recreational area, or wildlife 
or waterfowl refuge of national, State, or local significance as 
determined by the Federal, State, or local officials having 
jurisdiction thereof, or any land from an historic site of national, 
State, or local significance as so determined by such officials shall 
be used by grant recipients without the prior written concurrence of 
FRA. Grant recipients shall assist FRA in complying with these 
requirements of 49 U.S.C. 303(c).
6.2.10 Environmental Justice
    The grant recipient will be required to agree to facilitate 
compliance with the policies of Executive Order No. 12898, ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations,'' 42 U.S.C. 4321 note, except to the extent 
that FRA determines otherwise in writing.
6.2.11 Operating and Access Agreements
    Grant recipients will be required to reach a written agreement, 
approved by FRA, with each of the railroads or other entity on whose 
property the project will be located showing that the recipient will 
have satisfactory continuing control over the use of the equipment and 
facilities necessary to implement the project and the capability and 
willingness to maintain the equipment and facilities. Among other 
things, such railroad/owner agreements shall specify terms and 
conditions regarding the following issues: Responsibility for project 
design and implementation, project property ownership, maintenance 
responsibilities, and disposition responsibilities, and the owning 
entity's commitment to achieve, to the extent it has control, the 
anticipated project benefits. If an agreement between the grant 
recipient and the owner that substantially addresses the above-
referenced issues is already in place as of the date of execution of 
the cooperative agreement, the grant recipient will be required to 
submit it to FRA for FRA's review and determination of adequacy. 
However, if either no agreement is in place as of the date of execution 
of this Agreement, or if an existing agreement has been determined by 
FRA to be inadequate, the grant recipient shall, prior to the grant 
recipient's execution of an agreement with the owner, submit the final 
draft of such an agreement to FRA for FRA's review and approval. A 
finding by FRA that the required approved railroad/owner agreement(s) 
are in place is a prerequisite for the obligation of funding for 
construction-related activities.
6.2.12 Real Property and Equipment Management, Discontinuance of 
Service, and Disposition Requirements
    The grant recipient will be required to ensure the maintenance of 
project property to the level of utility (including applicable FRA 
track safety standards) that existed when the project improvements were 
placed in service for a period of a minimum of 20 years from the date 
such project property was placed in service. In the event that all 
intercity passenger rail service making use of the project property is 
discontinued during the 20-year period, the grant recipient will be 
required to continue to ensure the maintenance of the project property, 
as set forth above, for a period of one year to allow for the possible 
reintroduction of intercity passenger rail service. In the event the 
grant recipient should fail to ensure the maintenance of project 
property, as set forth above, for a period of time in excess of six 
months, the grant recipient will be required to refund to FRA a pro-
rata share of the Federal contribution, based upon the percentage of 
the 20-year period remaining at the time of such original default.
    The grant recipient will also be required to acknowledge that the 
purpose of the project is to benefit intercity passenger rail service. 
In the event that all intercity passenger rail service making use of 
the project property is discontinued (for any reason) at any time 
during a period of 20 years from the date such project property was 
placed in service, as set forth above, and if such intercity passenger 
rail service is not reintroduced during a one-year period following the 
date of such discontinuance, the grant recipient will be required to 
refund to FRA, no later

[[Page 14454]]

than 18 months following the date of such discontinuance, a pro-rata 
share of the Federal contribution, based upon the percentage of the 20-
year period remaining at the time of such discontinuance.
6.2.13 Freedom of Information Act (FOIA)
    As a Federal agency, FRA is subject to the Freedom of Information 
Act (FOIA) (5 U.S.C. 552), which generally provides that any person has 
a right, enforceable in court, to obtain access to Federal agency 
records, except to the extent that such records (or portions of them) 
are protected from public disclosure by one of nine exemptions or by 
one of three special law enforcement record exclusions. Grant 
applications and related materials submitted by applicants pursuant to 
this notice of funding availability would become agency records and 
thus subject to the FOIA and to public release through individual FOIA 
requests. FRA also recognizes that certain information submitted in 
support of an application for funding in accordance with this notice 
could be exempt from public release under FOIA as a result of the 
application of one of the FOIA exemptions, most particularly Exemption 
4, which protects trade secrets and commercial or financial information 
obtained from a person that is privileged or confidential (5 U.S.C. 
552(b)(4)). In the context of this grant program, commercial or 
financial information obtained from a person could be confidential if 
disclosure is likely to cause substantial harm to the competitive 
position of the person from whom the information was obtained (see 
National Parks & Conservation Ass'n v. Morton, 498 F.2d 765, 770 (DC 
Cir. 1974)). Entities seeking exempt treatment must provide a detailed 
statement supporting and justifying their request and should follow 
FRA's existing procedures for requesting confidential treatment in the 
railroad safety context found at 49 CFR 209.11. As noted in the 
Department's FOIA implementing regulation (49 CFR part 7), the burden 
is on the entity requesting confidential treatment to identify all 
information for which exempt treatment is sought and to persuade the 
agency that the information should not be disclosed (see 49 CFR 7.17). 
The final decision as to whether the information meets the standards of 
Exemption 4 rests with FRA.
6.2.14 Security Planning and Oversight
    The grant recipient must comply with any Federal regulations, laws, 
policy, and other guidance that FRA, DOT, or the Department of Homeland 
Security may issue pertaining to security oversight in general and that 
FRA or DOT may issue regarding the performance of any grant award in 
particular. Prior to FRA issuing a cooperative agreement for a Service 
Development Program or an Individual FD/construction project, an 
applicant must complete a System Security Plan.
6.2.15 Project Labor Agreements
    Executive Order 13502, Use of Project Labor Agreements for Federal 
Construction Projects, issued by President Obama on February 6, 2009, 
encourages Federal agencies in awarding any contract in connection with 
large-scale Federal government construction projects to, on a project-
by-project basis, consider requiring the use of a project labor 
agreement by a contractor where use of such an agreement will (i) 
advance the Federal Government's interest in achieving economy and 
efficiency in Federal procurement, producing labor management 
stability, and ensuring compliance with laws and regulations governing 
safety and health, equal employment opportunity, labor and employment 
standards, and other matters, and (ii) be consistent with law. At this 
time, the Executive Order does not apply directly to recipients of 
financial assistance to either require or preclude the use of a project 
labor agreement.
6.2.16 Distracted Driving Safety Policy
    Grant recipients are encouraged to adopt and enforce workplace 
safety policies to decrease crashes caused by distracted drivers 
including policies that bar text messaging while driving company-owned 
or -rented vehicles, or government-owned, leased, or rented vehicles or 
privately-owned vehicles when on official government business or when 
performing any work for or on behalf of the Government. See Executive 
Order 13513 ``Federal Leadership on Reducing Text Messaging While 
Driving'', Oct. 1, 2009 (available at http://edocket.access.gpo.go/2009/E9-24203.htm) and DOT Order 3902.1 ``Text Messaging While 
Driving'', Dec. 30, 2009 (available at http://dotnet.gov.gov), as 
implemented by Financial Assistance Policy Letter (No. FAP-2010-01, 
Feb. 2, 2010). This includes, but is not limited to, Grant recipients:
    (1) Considering new rules and programs or re-evaluating existing 
programs to prohibit text messaging while driving;
    (2) Conducting education, awareness, and other outreach for 
employees about the safety risks associated with texting while driving;
    (3) Encouraging voluntary compliance with the agency's text 
messaging policy while off duty.

6.3 Program-Specific Grant Requirements

6.3.1 Buy America
    Grant recipients must comply with the Buy America provisions set 
forth in 49 U.S.C. 24405(a), which specifically provide that the 
Secretary of Transportation may obligate funds for a HSIPR project only 
if the steel, iron, and manufactured goods used in the project are 
produced in the United States. The Secretary (or the Secretary's 
delegate, the FRA Administrator) may waive this requirement if the 
Secretary finds that applying this requirement would be inconsistent 
with the public interest; the steel, iron, and goods produced in the 
United States are not produced in a sufficient and reasonably available 
amount or are not of a satisfactory quality; rolling stock or power 
train equipment cannot be bought and delivered in the United States 
within a reasonable time; or including domestic material will increase 
the cost of the overall project by more than 25 percent. For purposes 
of implementing these requirements, in calculating the components' 
costs, labor costs involved in final assembly shall not be included in 
the calculation. If the Secretary determines that it is necessary to 
waive the application of the Buy America requirements, the Secretary is 
required before the date on which such finding takes effect to publish 
in the Federal Register a detailed written justification as to why the 
waiver is needed; and provide notice of such finding and an opportunity 
for public comment on such finding, for a reasonable period of time, 
not to exceed 15 days. The Secretary may not make a waiver for goods 
produced in a foreign country if the Secretary, in consultation with 
the United States Trade Representative, decides that the government of 
that foreign country has an agreement with the United States Government 
under which the Secretary has waived the requirement of this 
subsection, and the government of that foreign country has violated the 
agreement by discriminating against goods to which this subsection 
applies that are produced in the United States and to which the 
agreement applies. The Buy America requirements described in this 
section shall only apply to projects for which the costs exceed 
$100,000.

[[Page 14455]]

6.3.2 Operators Deemed Rail Carriers
    With the exception of entities falling within the exclusions set 
forth in 49 U.S.C. 24405(e), a person that conducts rail operations 
over rail infrastructure constructed or improved with funding provided 
in whole or in part in a grant made under this program shall be 
considered a rail carrier, as defined in 49 U.S.C. 10102(5), for 
purposes of title 49 of the United States Code and any other statute 
that adopts the definition found in 49 U.S.C. 10102(5), including the 
Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); the Railway 
Labor Act (43 U.S.C. 151 et seq.); and the Railroad Unemployment 
Insurance Act (45 U.S.C. 351 et seq.) (see 49 U.S.C. 24405(b)).
6.3.3 Railroad Agreements
    As a condition of receiving a grant under this program for a 
project that uses rights-of-way owned by a railroad, the grant 
recipient shall have in place a written agreement between the grant 
recipient and the railroad regarding such use and ownership, including 
(a) any compensation for such use; (b) assurances regarding the 
adequacy of infrastructure capacity to accommodate both existing and 
future freight and passenger operations; (c) an assurance by the 
railroad that collective bargaining agreements with the railroad's 
employees (including terms regulating the contracting of work) will 
remain in full force and effect according to their terms for work 
performed by the railroad on the railroad transportation corridor; and 
(d) an assurance that the grant recipient complies with liability 
requirements consistent with 49 U.S.C. 28103. 49 U.S.C. 24405(c). 
Applicants shall also provide assurance that it has or will have the 
legal, financial and technical capacity to carry out the project, 
including, but not limited to, public ownership of necessary equipment 
and facilities or access agreements with railroad operator(s) and 
infrastructure-owning railroads evidencing that the grant recipient 
will have continued access to necessary equipment and facilities. 49 
U.S.C. 24402(b). Applicants should further provide assurance that 
service outcomes specified to result from the project, and for which 
the railroad is necessary for delivery, will be delivered, including a 
mechanism to enforce the specified service outcomes. 49 U.S.C. 
24402(c).
6.3.4 Labor Protection
    As a condition of receiving a grant under this program for a 
project that uses rights-of-way owned by a railroad, the grant 
recipient must agree to comply with the standards of 49 U.S.C. 24312, 
as such section was in effect on September 1, 2003, with respect to the 
project in the same manner that Amtrak is required to comply with those 
standards for construction work financed under an agreement made under 
49 U.S.C. 24308(a) and the protective arrangements established under 
Section 504 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 836) with respect to employees affected by actions 
taken in connection with the project to be financed in whole or in part 
by grants under this program (see 49 U.S.C. 24405(c)).
6.3.5 Davis-Bacon Act
    Projects funded through the Recovery Act and all projects funded 
through PRIIA that use rights-of-way owned by a railroad are required 
to comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq.) as provided 
for in 49 U.S.C. 24405(c)(2). The Davis-Bacon Act is a measure that 
fixes a floor under wages on Federal government projects and provides, 
in pertinent part, that the minimum wages to be paid for classes of 
workers under a contract for the construction, alteration, and/or 
repair of a Federal public building or public work must be based upon 
wage rates determined by the Secretary of Labor to be prevailing for 
corresponding classes of workers employed on projects of a character 
similar to the contract work in the civil subdivision of the State in 
which the work is to be performed.
6.3.6 Replacement of Existing Intercity Passenger Rail Service
    Grant recipients providing intercity passenger rail transportation 
that begins operations after October 16, 2008, on a project funded in 
whole or in part by grants made under this program and that replaces 
intercity passenger rail service that was provided by Amtrak, unless 
such service was provided solely by Amtrak to another entity as of such 
date, are required to enter into a series of agreements with the 
authorized bargaining agent or agents for adversely affected employees 
of the predecessor provider (see 49 U.S.C. 24405(d)).

6.4 Reporting

6.4.1 Standard Reporting Requirements
    <bullet> Progress Reports--Progress reports are to be submitted 
quarterly. These reports must relate the state of completion of items 
in the statement of work to expenditures of the relevant budget 
elements. The grant recipient must furnish the quarterly progress 
report to FRA on or before the 30th calendar day of the month following 
the end of the quarter being reported. Grantees must submit reports for 
the periods: January 1-March 31, April 1-June 30, July 1-September 30, 
and October 1-December 31. Each quarterly report must set forth concise 
statements concerning activities relevant to the project and should 
include, but not be limited to, the following: (a) An account of 
significant progress (findings, events, trends, etc.) made during the 
reporting period; (b) a description of any technical and/or cost 
problem(s) encountered or anticipated that will affect completion of 
the grant within the time and fiscal constraints as set forth in the 
agreement, together with recommended solutions or corrective action 
plans (with dates) to such problems, or identification of specific 
action that is required by FRA, or a statement that no problems were 
encountered; and (c) an outline of work and activities planned for the 
next reporting period.
    <bullet> Quarterly Federal Financial Report (SF-425)--Grantees must 
submit a quarterly Federal financial report on or before the thirtieth 
(30th) calendar day of the month following the end of the quarter being 
reported (e.g., for quarter ending March 31, the SF-425 is due no later 
than April 30). A report must be submitted for every quarter of the 
period of performance, including partial calendar quarters, as well as 
for periods where no grant activity occurs. Grantees must use SF-425, 
Federal Financial Report, in accordance with the instructions 
accompanying the form, to report all transactions, including Federal 
cash, Federal expenditures and unobligated balance, recipient share, 
and program income.
    <bullet> Interim Report(s)--If required, interim reports will be 
due at intervals specified in the statement of work and must be 
submitted electronically in the GrantSolutions system.
    <bullet> Final Report(s)--Within 90 days of the project completion 
date or termination by FRA, grantees must submit a Summary Project 
Report, detailing the results and benefits of the grantee's improvement 
efforts, as well as a final Federal Financial Report (SF-425).
6.4.2 Audit Requirements
    Grant recipients that expend $500,000 or more of Federal funds 
during their fiscal year are required to submit an organization-wide 
financial and compliance audit report. The audit must be performed in 
accordance with U.S. General Accountability Office, Government Auditing 
Standards, located at http://www.gao.gov/govaud/

[[Page 14456]]

ybk01.htm, and OMB Circular A-133, Audits of States, Local Governments, 
and Non-Profit Organizations, located at http://www.whitehouse.gov/omb/circulars/a133/a133.html. Currently, audit reports must be submitted to 
the Federal Audit Clearinghouse no later than nine months after the end 
of the recipient's fiscal year. In addition, FRA and the Comptroller 
General of the United States must have access to any books, documents, 
and records of grant recipients for audit and examination purposes. The 
grant recipient will also give FRA, DOT's Office of the Inspector 
General, or the Comptroller, through any authorized representative, 
access to and the right to examine all records, books, papers or 
documents related to the grant. Grant recipients must require that 
subgrantees comply with the audit requirements set forth in OMB 
Circular A-133. Grant recipients are responsible for ensuring that sub-
recipient audit reports are received and for resolving any audit 
findings.
6.4.3 Monitoring Requirements
    Grant recipients will be monitored periodically by FRA to ensure 
that the project goals, objectives, performance requirements, 
timelines, milestones, budgets, and other related program criteria are 
being met. FRA will conduct monitoring activities through a combination 
of office-based reviews and onsite monitoring visits. Monitoring will 
involve the review and analysis of the financial, programmatic, and 
administrative issues relative to each program and will identify areas 
where technical assistance and other support may be needed. The 
recipient is responsible for monitoring award activities, including 
sub-awards and subgrantees, to provide reasonable assurance that the 
award is being administered in compliance with Federal requirements. 
Financial monitoring responsibilities include the accounting of 
recipients and expenditures, cash management, maintaining of adequate 
financial records, and refunding expenditures disallowed by audits.
6.4.4 Closeout Process
    Project closeout occurs when all required project work and all 
administrative procedures described in 49 CFR part 18, or 49 CFR part 
19, as applicable, have been completed, and when FRA notifies the grant 
recipient and forwards the final Federal assistance payment, or when 
FRA acknowledges the grant recipient's remittance of the proper refund. 
Project closeout should not invalidate any continuing obligations 
imposed on the grantee by an award or by FRA's final notification or 
acknowledgment. Within 90 days of the Project completion date or 
termination by FRA, grantees agree to submit a final Federal Financial 
Report (SF-425), a certification or summary of project expenses, a 
final report, and third party audit reports, as applicable.

6.5 ARRA-Specific Grant Requirements (Applies to ARRA-Funded Grants 
Only)

    ARRA contains several specific requirements associated with funding 
provided in that statute. These include:
6.5.1 Prohibited Activities
    None of the ARRA funds appropriated or otherwise made available in 
the cooperative agreement may be used by any State or local government, 
or any private entity, for any casino or other gambling establishment, 
aquarium, zoo, golf course, or swimming pool.
6.5.2 Certifications
    As a condition of award, to the extent applicable, grant recipients 
must comply with the Certification requirements of ARRA. These include 
Section 1201 (Maintenance of Effort); Section 1511 (Transparency and 
Oversight); and Section 1607 (Additional Funding Distribution and 
Assurance of Appropriate Use of Funds).
6.5.3 Whistleblower Protections
    The grant recipient will be required to provide the whistleblower 
protections required by Section 1553 of ARRA.
6.5.4 False Claims Act
    The grant recipient and sub-recipients will be required to promptly 
refer to the DOT's Inspector General credible evidence that a 
principal, employee, agency, contractor, sub-contractor, or other 
person has submitted a false claim under the False Claims Act or has 
committed a criminal or civil violation of laws pertaining to fraud, 
conflict of interest, bribery, gratuity, or similar misconduct 
involving ARRA funds.
6.5.5 Contracting Provisions
    To the maximum extent possible, contracts funded under ARRA shall 
be awarded as fixed-price contracts through the use of competitive 
procedures. Grant recipients will be required to provide a summary of 
any contract awarded with ARRA funds that is not fixed-price and not 
awarded using competitive procedures for posting on the Recovery 
Accountability and Transparency Board's Web site.
6.5.6 ARRA-Specific Reporting Requirements
    ARRA Section 1201 Report-- Periodic Reports--Each grant recipient 
will be required to submit periodic reports to the FRA as described in 
this paragraph not later than February 17, 2012. The Periodic Reports 
shall include information describing: (1) The amount of Federal funds 
appropriated, allocated, obligated, and outlayed under the cooperative 
agreement; (2) the number of projects that have been put out to bid 
under the cooperative agreement and the amount of Federal funds 
associated with such projects; (3) the number of projects for which 
contracts have been awarded under the cooperative agreement and the 
amount of Federal funds associated with such contracts; (4) the number 
of projects for which work has begun under such contracts and the 
amount of Federal funds associated with such contracts; (5) the number 
of projects for which work has been completed under such contracts and 
the amount of Federal funds associated with such contracts; and (6) the 
number of direct, on-project jobs created or sustained by the Federal 
funds provided for projects under the cooperative agreement and, to the 
extent possible, the estimated indirect jobs created or sustained in 
the associated supplying industries, including the number of jobs 
created and the total increase in employment since February 17, 2009. 
DOT or FRA may issue additional guidance on the preparation and 
submission of Periodic Reports.
    Section 1512(c)--Jobs Accountability Reports--Not later than 10 
days after the end of each quarter, each grant recipient will be 
required to submit a Jobs Accountability Report to the FRA that 
contains: (1) The total amount of ARRA funds received pursuant to this 
agreement; (2) the amount of ARRA funds received that were expended or 
obligated to projects or activities; and (3) a detailed list of all 
projects or activities for which ARRA funds were expended or obligated, 
including--(A) the name of the project or activity; (B) a description 
of the project or activity; (C) an evaluation of the completion status 
of the project or activity; (D) an estimate of the number of jobs 
created and the number of jobs retained by the project or activity; and 
(E) detailed information on any subcontracts or subgrants awarded by 
the grant recipient to include the data elements required to comply 
with the Federal Funding Accountability and Transparency Act of 2006 
(Pub. L. 109-282), allowing aggregate reporting on awards below $25,000 
or to individuals,

[[Page 14457]]

as prescribed by the Director of OMB. OMB may issue additional guidance 
on the preparation and submission of Jobs Accountability Reports. The 
grant recipient must also register with the CCR database or complete 
other registration requirements as determined by the Director of OMB.
    Section 1609: Environmental Reporting--Section 1609(c) of ARRA 
requires that Federal agencies report via the President (specifically, 
to the White House Council on Environmental Quality) every 90 days 
following enactment of ARRA on the status of projects funded under ARRA 
with respect to compliance with NEPA. Grant recipients may be requested 
to submit information to assist FRA in completing this report.
    Additional Information--To satisfy the purposes of ARRA, grant 
recipients may be required to provide additional information in 
response to requests from OMB, the Congressional Budget Office, the 
Government Accountability Office, or the Department's Inspector 
General. FRA will inform grant recipients if and when such additional 
reports or information are required.

Section 7: Agency Contact

    For further information regarding this notice and the HSIPR 
program, please contact the FRA HSIPR Program Manager via e-mail at 
<a href="/cdn-cgi/l/email-protection#c78f948e979587a3a8b3e9a0a8b1"><span class="__cf_email__" data-cfemail="a2eaf1ebf2f0e2c6cdd68cc5cdd4">[email protected]</span></a>, or by mail: U.S. Department of Transportation, Federal 
Railroad Administration, MS-20, 1200 New Jersey Avenue, SE., 
Washington, DC 20590 Attn: HSIPR Program.

    Issued in Washington, DC, on March 11, 2011.
Joseph C. Szabo,
Administrator.
[FR Doc. 2011-6178 Filed 3-14-11; 11:15 am]
BILLING CODE 4910-06-P


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