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[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Pages 51645-51647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24182]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Availability and Solicitation of Applications 
for Grants Under the Railroad Rehabilitation and Repair Grant Program

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

ACTION: Notice of funding availability; solicitation of applications.

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SUMMARY: Under this Notice, the FRA encourages interested State 
departments of transportation to submit applications for grants to 
repair and rehabilitate Class II and Class III railroad infrastructure 
damaged by hurricanes, floods, and other natural disasters in areas for 
which the President declared a major disaster after January 1, 2008, 
under Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act of 1974.

DATES: FRA will begin accepting grant applications 10 days after 
publication of this Notice of Funding Availability in

[[Page 51646]]

the Federal Register. Applications may be submitted until close of 
business December 20, 2009.

ADDRESSES: Applications for grants under this Program must be submitted 
electronically to ``Grants.gov'' at http://www.grants.gov. Grants.Gov 
allows organizations to find and apply electronically for competitive 
grant opportunities from all Federal grant-making agencies. Any State 
wishing to submit an application pursuant to this notice should 
immediately initiate the process of registering with Grants.Gov. Please 
confirm all Grants.gov submissions by sending an e-mail to 
[email protected].
    For application materials that an applicant is unable to submit via 
Grants.Gov (such as oversized engineering drawings), applicants may 
submit an original and two (2) copies to the Federal Railroad 
Administration at the following address: Federal Railroad 
Administration, Attention: Alice Alexander, Office of Railroad 
Development, 1200 New Jersey Avenue, SE., Mail Stop 20, Washington, DC 
20590, by close of business December 20, 2009.
    Due to delays caused by enhanced screening of mail delivered via 
the U.S. Postal Service, applicants are encouraged to use other means 
to assure timely receipt of materials.

FOR FURTHER INFORMATION CONTACT: Alice Alexander, Office of Railroad 
Development, Federal Railroad Administration, 1200 New Jersey Avenue, 
SE., W36-410, Washington, DC 20590; Phone: (202) 493-6363; Fax: (202) 
493-6333.

SUPPLEMENTARY INFORMATION: The collection of information associated 
with the Railroad Rehabilitation and Repair grant program was approved 
previously by the Office of Management and Budget under OMB No. 2130-
0580. The FRA is seeking renewed approval from OMB for this collection 
of information, which currently expires on October 31, 2009.
    There is approximately $5,000,000 remaining in the Railroad 
Rehabilitation and Repair Grant Program (Catalog of Federal Domestic 
Assistance (CFDA) Program Number 20.314) which was originally supported 
with up to $20,000,000 of Federal funds provided to FRA as part of the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Pub. L. 110-329, September 30, 2008.) 
Following the November 6, 2008, Notice of Funding Availability (NOFA), 
applications were received and evaluated according to criteria 
described in the notice. On May 27, 2009, the FRA selected 12 projects 
totaling approximately $15 million under this program. FRA will start 
accepting applications after publishing this NOFA in the Federal 
Register for the approximately $5,000,000 remaining.
    Funds provided under this Program may constitute no more than 80 
percent of the total cost of a selected project, with the remaining 
cost funded from other non-Federal sources. FRA anticipates awarding 
grants to multiple eligible participants. Eligible projects include 
repairs and rehabilitation to Class II and Class III railroad 
infrastructure damaged by hurricanes, floods, and natural disasters 
that are located in counties that have been identified in a Disaster 
Declaration for Public Assistance issued by the President between 
January 1, 2008 and October 7, 2009. (http://www.fema.gov/news/disasters.fema#sev1).
    Class II and Class III railroad infrastructure eligible for repair 
and rehabilitation consists of railroad rights-of-way, bridges, signals 
and other infrastructure which are part of the general railroad system 
of transportation and primarily used by railroads to move freight 
traffic. Section 24312 (Labor Standards) of Title 49, United States 
Code, applies to grantees assisted under this Program. The grantees 
must exhaust all other Federal and State resources prior to seeking 
assistance under this Program. FRA anticipates that no further public 
notification will be made with respect to soliciting grant applications 
and selecting grantees under this Program.
    Purpose: Since 2008, the President has made 113 major disaster 
declarations related to hurricanes, floods, and other natural 
disasters. Funds provided under this Program will assist Class II and 
Class III railroads rebound from these disasters declared in 2008 and 
October 7, 2009.

    Authority: The Consolidated Security, Disaster Assistance, and 
Continuing Appropriations Act, 2009 (Pub. L. 110-329, September 30, 
2008).

    Funding: The Consolidated Security, Disaster Assistance, and 
Continuing Appropriations Act, 2009 (the Act) provided $20,000,000, to 
remain available until expended. The Act directs the Secretary of 
Transportation to competitively award grants covering up to 80 percent 
of project costs, with the remaining project costs provided in non-
Federal cash, equipment, or supplies. Further, the Act allows the 
Secretary to retain up to one-half of 1 percent of the funds to fund 
the oversight by FRA of the design and implementation of projects 
funded by these grants. The funding provided for these grants will be 
made available to the grantee(s) on a reimbursable basis. It is 
anticipated that the available funding could support projects proposed 
by multiple applicants. FRA may choose to award a grant or grants in 
any amount within the limit of the available funds.
    Following the November 6, 2008, NOFA, applications were received 
and evaluated according to criteria described in the notice. On May 27, 
2009, the FRA selected 12 projects totaling approximately $15 million 
under this program. FRA will start accepting applications after 
publishing this NOFA in the Federal Register for the approximately $5 
million remaining in this program.
    Schedule for Rehabilitation and Repair Grant Program: FRA will 
begin accepting grant applications within ten days after the 
publication of the NOFA in the Federal Register. All applications must 
be received by the close of business December 20, 2009 deadline.
    Eligible Participants: The department of transportation of any 
eligible State may apply for funding under this notice, provided that 
the applicant State has an eligible project and has exhausted all other 
Federal and State resources prior to seeking assistance under this 
Program.
    Eligible Projects: To be eligible for funding under this Program, a 
project must include the rehabilitation and repair of Class II or Class 
III railroad infrastructure damaged by hurricanes, floods, and other 
natural disasters in counties for which the President declared a major 
disaster under Title IV of the Robert T. Stafford Disaster Relief and 
Emergency Assistant Act of 1974 between January 1, 2008, and October 7, 
2009. Rehabilitation or repairs must be made to rights-of-way, bridges, 
signals, and other infrastructure which are part of the general 
railroad system of transportation. In addition, the railroad 
infrastructure replaced or rehabilitated must be primarily used to move 
freight traffic.
    Funding Period: Funds will be available under this program only for 
the reimbursement of costs incurred after a major disaster declaration 
in calendar year 2008 and 2009 until the publication of this NOFA in 
the counties covered by such a declaration.
    Selection Criteria: FRA will consider the following selection 
factors in evaluating applications for grants under this Program:
    1. The inability of the Class II or Class III railroad to fund the 
project without Federal grant funding.

[[Page 51647]]

    2. The effects on rail operations, specifically the movement of 
freight, of the proposed rehabilitation or repair.
    3. The likelihood of continued railroad operations on the track 
that is proposed to be repaired or rehabilitated for more than three 
years after project work is complete.
    Requirements for Grant Applications: The following points describe 
the minimum content which will be required in grant applications. These 
requirements may be satisfied through a narrative statement submitted 
by the applicant and supported by spreadsheet documents, tables, 
drawings, and other materials, as appropriate. Each grant application 
must:
    1. Designate a point of contact for the applicant and provide his 
or her name, title, and contact information, including phone number, 
mailing address and e-mail address. The point of contact must be an 
employee of the applicant.
    2. Include an explanation of why the project is an eligible project 
and a thorough discussion of how the project meets all of the selection 
criteria, as listed below:
    a. The inability of the Class II or Class III railroad to fund the 
project without Federal grant funding.
    b. The effects on rail operations, specifically the movement of 
freight, of the proposed rehabilitation or repair.
    c. The likelihood of continued railroad operations on the track 
that is proposed to be repaired or rehabilitated for more than three 
years after project work is complete.
    3. Identify all funds (including amounts) received from other 
Federal and/or State disaster relief programs that directly benefited 
the project(s) for which funds are being sought under this Program, or 
demonstrate that all such efforts at procuring such funding have failed 
or been exhausted. This demonstration should include a recitation of 
specific Federal and State disaster relief programs investigated by the 
applicant. Among the Federal programs which the applicant might 
investigate are those administered by the Federal Emergency Management 
Administration, the Small Business Administration, the Federal Highway 
Administration, and the U.S. Department of Agriculture.
    4. Include the completed forms:
    (a) Standard Form 424, ``Application for Federal Assistance,'' 
Standard Form 424C, ``Budget Information for Construction Programs,'' 
Standard Form 424D, ``Assurances--Construction Programs.''
    (b) The relevant sections of the most recent audit performed in 
compliance with OMB Circular A-133, if available. Information on 
Circular A-133 can be found at http://www.whitehouse.gov/omb/circulars/a133/a133.html.
    (c) Signed copies of FRA's Additional Assurances and 
certifications, available at http://www.fra.dot.gov/downloads/admin/assurancesandcertifications.pdf.
    5. Include a detailed description of the scope of work, budget and 
schedule and ensure that they are consistent. Describe the proposed 
project's physical location, mile-post limits, and include any 
drawings, plans, or schematics that have been prepared relating to the 
proposed project.
    If funding requested under this Program is only going to support a 
portion of the overall rehabilitation and repair of the applicant's 
project, describe the complete project, and specify in detail which 
portion will involve Federal funding. In addition, FRA strongly 
encourages applicants to estimate complete project costs and explain 
how the Class II and Class III railroad on whose property the project 
is located will finance the complete project.
    6. The budget for the cost of the project should, to the extent 
possible, be separated into the following categories: (1) 
Administrative; (2) Engineering fees; (3) Demolition and removal; (4) 
Construction labor, supervision, and management; (5) Equipment; (6) 
Materials, by type (e.g. ties, rail, ballast, signals, and switches); 
(7) Contingencies; and (8) Inspection fees. Costs may be reimbursed as 
long as expenditures were incurred after the date of the natural 
disaster.
    7. Describe the source and amount of non-Federal funds, broken down 
by cash, equipment, or supplies.
    8. Describe proposed project implementation and include an overview 
of project management arrangements.
    9. For the railroad(s) operating on the infrastructure proposed to 
be rehabilitated or repaired, describe the frequency of service, axle-
load limits, and estimated railroad gross ton miles for the first full 
year after completion of the project.
    10. Provide an overview of all work done to date to rehabilitate 
and repair damage caused by the natural disaster.
    11. Describe the status or progress toward completing any 
environmental documentation or clearance for the proposed project under 
the National Environmental Policy Act, the National Historic 
Preservation Act, section 4(f) of the DOT Act, or other applicable 
Federal or State environmental impact assessment laws. FRA's Procedures 
for Considering Environmental Impacts (64 FR 28545, May 26, 1999) 
describes FRA's process for the assessment of environmental impacts and 
the preparation and processing of appropriate documents. That document 
is available online at http://www.fra.dot.gov/us/content/166. For 
projects that may be categorically excluded from detailed environmental 
review, as discussed in FRA's Procedures Section 4(c), categorical 
exclusion worksheets are available at: http://www.fra.dot.gov/us/content/1606. Applicants are encouraged to contact FRA as early as 
possible to discuss the environmental review process.
    Format: Excluding spreadsheets, drawings, and tables, the narrative 
statement for grant applications may not exceed ten pages in length. 
With the exclusion of oversized engineering drawings (which may be 
submitted in hard copy to the FRA at the address indicated above), all 
application materials should be submitted as attachments through 
Grants.Gov. Spreadsheets consisting of budget or financial information 
should be submitted via Grants.Gov as Microsoft Excel (or compatible) 
documents.

    Issued in Washington, DC, on September 30, 2009.
Mark E. Yachmetz,
Associate Administrator for Railroad Development.
[FR Doc. E9-24182 Filed 10-6-09; 8:45 am]
BILLING CODE 4910-06-P
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