Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40335 

FMCSA recommends that you include 

your name and a mailing address, an 

email address, or a phone number in the 

body of your document so the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number (‘‘FMCSA–2022–0122’’) in the 

‘‘Keyword’’ box, and click ‘‘Search.’’ 

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box in the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA 

will consider all comments and material 

received during the comment period. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from Federal Motor Carrier 

Safety Regulations (FMCSRs). FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The Agency must publish its decision in 

the Federal Register (49 CFR 

381.315(b)) with the reasons for denying 

or granting the application and, if 

granted, the name of the person or class 

of persons receiving the exemption and 

the regulatory provision from which the 

exemption is granted. The notice must 

specify the effective period and explain 

the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Applicant’s Request 

As noted in the Summary above, the 

State of Alaska has applied for an 

exemption from the Entry-Level Driver 

Training (ELDT) curriculum in 49 CFR 

part 380, Appendix A, Section A3.1, 

which requires Class A CDL applicants 

to demonstrate proficiency in proper 

techniques for initiating vehicle 

movement, executing left and right 

turns, changing lanes, navigating curves 

at speed, entry and exit on the interstate 

or controlled access highway, and 

stopping the vehicle in a controlled 

manner. A copy of the State of Alaska’s 

application for exemption is available 

for review in the docket for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

the State of Alaska’s application for an 

exemption. All comments received 

before the close of business on the 

comment closing date indicated at the 

beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the ADDRESSES

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–14446 Filed 7–1–22; 4:15 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Funding Opportunity for the 

Railroad Crossing Elimination Program 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT) 

ACTION: Notice of funding opportunity. 

SUMMARY: This notice details the 

application requirements and 

procedures to obtain grant funding for 

eligible projects under the Railroad 

Crossing Elimination Program for Fiscal 

Year 2022. This notice solicits 

applications for the Railroad Crossing 

Elimination Program funds made 

available by the Infrastructure 

Investment and Jobs Act. The 

opportunity described in this notice is 

made available under Assistance 

Listings Number 20.327, ‘‘Railroad 

Crossing Elimination.’’ 

DATES: Applications for funding under 

this solicitation are due no later than 

5:00 p.m. ET, October 4, 2022. 

Applications that are incomplete or 

received after 5:00 p.m. ET, on October 

4, 2022 will not be considered for 

funding. See Section D of this notice for 

additional information on the 

application process. 

ADDRESSES: Applications must be 

submitted via www.Grants.gov. Only 

applicants who comply with all 

submission requirements described in 

this notice and submit applications 

through www.Grants.gov will be eligible 

for award. For any supporting 

application materials that an applicant 

is unable to submit via www.Grants.gov 

(such as oversized engineering 

drawings), an applicant may submit an 

original and two (2) copies to Mr. 

Douglas Gascon, Office of Policy and 

Planning, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE, Room W38–212, 

Washington, DC 20590. However, due to 

delays caused by enhanced screening of 

mail delivered via the U.S. Postal 

Service, applicants are advised to use 

other means of conveyance (such as 

courier service) to assure timely receipt 

of materials before the application 

deadline. 

FOR FURTHER INFORMATION CONTACT: For 

further information related to this 

notice, please contact Mr. Douglas 

Gascon, Office of Policy and Planning, 

Federal Railroad Administration, 1200 

New Jersey Avenue SE, Room W38–212, 

Washington, DC 20590; email: 

douglas.gascon@dot.gov; phone: 202– 

493–0239. 

SUPPLEMENTARY INFORMATION: 

Notice to applicants: FRA 

recommends that applicants read this 

notice in its entirety prior to preparing 

application materials. Definitions of key 

terms used throughout the NOFO are 

provided in Section A(2) below. These 

key terms are capitalized throughout the 

NOFO. There are several administrative 

and specific eligibility requirements 

described herein with which applicants 

must comply. Additionally, applicants 

should note that the required Project 

Narrative component of the application 

package may not exceed 25 pages in 

length. 

Table of Contents 

A. Program Description 

B. Federal Award Information 

C. Eligibility Information 

D. Application and Submission Information 

E. Application Review Information 

F. Federal Award Administration 

Information 

G. Federal Awarding Agency Contacts 

H. Other Information 


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1 DOT Strategic Framework FY 2022–2026 (Dec. 

2021) at https://www.transportation.gov/ 

administrations/office-policy/fy2022-2026-strategicframework. 

2Overburdened Community: Minority, lowincome, tribal, or indigenous populations or 

geographic locations in the United States that 

potentially experience disproportionate 

environmental harms and risks. This 

disproportionality can be as a result of greater 

vulnerability to environmental hazards, lack of 

opportunity for public participation, or other 

factors. Increased vulnerability may be attributable 

to an accumulation of negative or lack of positive 

environmental, health, economic, or social 

conditions within these populations or places. The 

term describes situations where multiple factors, 

including both environmental and socio-economic 

stressors, may act cumulatively to affect health and 

the environment and contribute to persistent 

environmental health disparities. 

A. Program Description 

1. Overview 

Section 22305 of the Infrastructure 

Investment and Jobs Act (IIJA) (Pub. L. 

117–58, November 15, 2021), codified at 

49 U.S.C. 22909, authorizes the Railroad 

Crossing Elimination Program (RCE 

Program). The purpose of the RCE 

Program is to fund highway-rail or 

pathway-rail grade crossing 

improvement projects that focus on 

improving the safety and mobility of 

people and goods. This NOFO is funded 

through the advanced appropriation in 

Division J of IIJA. The RCE Program 

provides a Federal funding opportunity 

to improve American rail infrastructure 

to enhance rail safety, improve the 

health and safety of communities, 

eliminate highway-rail and pathway-rail 

grade crossings that are frequently 

blocked by trains, and reduce the 

impacts that freight movement and 

railroad operations may have on 

underserved communities. 

Discretionary grant awards, funded 

through the RCE Program, will support 

projects that improve safety, economic 

strength and global competitiveness, 

equity, and climate and sustainability, 

consistent with the U.S. Department of 

Transportation’s (DOT) strategic goals.1

FRA has a strong interest in 

promoting grade separations, closing 

crossings through track relocation, and 

corridor-wide grade crossing 

improvements that maximize the safety 

and efficiency of the U.S. rail network. 

Highway-rail grade crossing accidents, 

together with accidents caused by 

trespassing along the railroad right-ofway, account for 94% of all rail-related 

deaths and injuries. The safest crossing 

is no crossing, and grade separating or 

otherwise eliminating crossings is the 

most direct way to prevent intrusions 

into the railroad right-of-way. 

The RCE Program will be 

implemented, as appropriate and 

consistent with law, in alignment with 

the priorities in Executive Order 14052, 

Implementation of the Infrastructure 

Investments and Jobs Act (86 FR 64355), 

which are to invest efficiently and 

equitably, promote the competitiveness 

of the U.S. economy, improve job 

opportunities by focusing on high labor 

standards, strengthen infrastructure 

resilience to all hazards including 

climate change, and to effectively 

coordinate with State, local, Tribal, and 

territorial government partners. 

In addition to improving safety, FRA 

seeks to fund projects under the RCE 

Program that reduce greenhouse gas 

emissions and are designed with 

specific elements to address climate 

change impacts. Specifically, FRA is 

looking to award projects that align with 

the President’s greenhouse gas 

reduction goals, promote energy 

efficiency, support fiscally responsible 

land use and efficient transportation 

design, increase climate resilience, 

support domestic manufacturing, and 

reduce pollution. 

FRA also seeks to fund projects that 

address environmental justice, 

particularly for communities that 

disproportionally experience climate 

change-related consequences. 

Environmental justice, as defined by the 

Environmental Protection Agency, is the 

fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income, 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies. As part of the implementation 

of Executive Order 14008, Tackling the 

Climate Crisis at Home and Abroad (86 

FR 7619), FRA seeks to fund projects 

that, to the extent possible, target at 

least 40 percent of resources and 

benefits towards low-income 

communities, disadvantaged 

communities, communities underserved 

by affordable transportation, or 

overburdened 2 communities. For more 

information, please consult DOT’s 

disadvantaged communities mapping 

tool to determine if a proposed project 

impacts disadvantaged communities: 

Transportation Disadvantaged Census 

Tracts (arcgis.com) and at: https://

usdot.maps.arcgis.com/apps/ 

dashboards/ 

d6f90dfcc8b44525b04c7ce748a3674a. 

Additionally, FRA seeks to fund 

projects that proactively address racial 

equity and barriers to opportunity, 

including automobile dependence, as a 

form of barrier, or redress prior 

inequities and barriers to opportunity. 

Section E describes racial equity 

considerations that an applicant can 

undertake, and FRA will consider 

during the review of applications. 

In addition to prioritizing projects 

that address climate change, proactively 

address racial equity, and reduce 

barriers to opportunity, FRA intends to 

use the RCE program to support the 

creation of good-paying jobs with the 

free and fair choice to join a union and 

the incorporation of strong labor 

standards and training and placement 

programs, especially registered 

apprenticeships and Local Hire 

agreements, in project planning stages. 

Projects that incorporate such planning 

considerations are expected to support a 

strong economy and labor market. 

Section E describes job creation and 

labor considerations that an applicant 

can undertake, and that FRA will 

consider, during the review of 

applications. 

Section E of this NOFO, which 

outlines the RCE Program grant 

selection criteria, describes the process 

for selecting projects that further these 

goals. Section F.3 describes progress 

and performance reporting requirements 

for selected projects, including the 

relationship between that reporting and 

the RCE Program’s selection criteria. 

2. Definitions of Key Terms 

Terms defined in this section are 

capitalized throughout this notice. 

a. ‘‘Construction’’ means the 

production of fixed works and 

structures or substantial alterations to 

such structures or land and associated 

costs. 

b. ‘‘Commuter Rail Passenger 

Transportation’’ means short-haul rail 

passenger transportation in 

metropolitan and suburban areas 

usually having reduced fare, multiple 

ride, and commuter tickets and morning 

and evening peak period operations, 

consistent with 49 U.S.C. 24102(3). 

c. ‘‘Final Design (FD)’’ means design 

activities following Preliminary 

Engineering, and at a minimum, 

includes the preparation of final 

Construction plans consistent with the 

applicable environmental decision 

document, detailed specifications, and 

estimates sufficiently detailed to inform 

project stakeholders (designers, 

reviewers, contractors, suppliers, etc.) of 

the actions required to advance the 

project from design through completion 

of Construction. 

d. ‘‘Grade Separation or Closure’’ 

means an underpass or overpass to 

eliminate level crossings between 

railroad and highway users at an 

existing highway-rail or pathway-rail 

grade crossing, or the closing of a 

highway-rail grade crossing to vehicular 

or pedestrian traffic. 


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Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40337 

3Of the $600,000,000 in funding made available 

in Title J of IIJA, $14,736,000 will be separately 

made available for Special Transportation 

Circumstances grants and $12,000,000 will be set 

aside for award and program oversight conducted 

by FRA. 

e. ‘‘Highway-Rail Grade Crossing’’ 

means a location where a public 

highway, road, street, or private 

roadway, including associated 

sidewalks and pathways, crosses one or 

more railroad tracks at grade. 

f. ‘‘Improvement Project’’ means a 

project related to a highway or pathwayrail crossing including: installation, 

repair, or improvement of crossings, 

grade separations, railroad crossing 

signals, gates, bells, audible warning 

devices and related technologies; 

highway traffic signalization, lighting, 

crossing approach signage, and roadway 

improvements such as medians or other 

barriers; pathway improvements such as 

bollards; railroad crossing panels and 

surfaces; and other safety engineering 

improvements, or highway-rail 

programs to reduce risk. 

g. ‘‘National Environmental Policy 

Act (NEPA)’’ is a federal law that 

requires Federal agencies to analyze and 

document the environmental impacts of 

a proposed action in consultation with 

appropriate Federal, state, and local 

authorities, and with the public. NEPA 

classes of action include an 

Environmental Impact Statement (EIS), 

Environmental Analysis (EA) or 

Categorical Exclusion (CE). The NEPA 

class of action depends on the nature of 

the proposed action, its complexity, and 

the potential impacts. For purposes of 

this NOFO, NEPA also includes all 

related Federal laws and regulations 

including the Clean Air Act, Section 4(f) 

of the Department of Transportation 

Act, Section 7 of the Endangered 

Species Act, and Section 106 of the 

National Historic Preservation Act. 

Additional information regarding FRA’s 

environmental processes and 

requirements are located at https://

www.fra.dot.gov/environment. 

h. ‘‘Pathway-Rail Grade Crossing’’ 

means a pathway that crosses one or 

more railroad tracks at grade and that is: 

(1) explicitly authorized by a public 

authority or a railroad; (2) dedicated for 

the use of non-vehicular traffic, 

including pedestrians, bicyclists, and 

others; and (3) not associated with a 

public highway, road, or street, or a 

private roadway. 

i. ‘‘Preliminary Engineering (PE)’’ 

means engineering design to: (1) define 

a project, including identification of all 

environmental impacts, design of all 

critical project elements at a level 

sufficient to assure reliable cost 

estimates and schedules; (2) complete 

project management and financial plans; 

and (3) identify procurement 

requirements and strategies. The PE 

development process starts with specific 

project design alternatives that allow for 

the assessment of a range of rail 

improvements, specific alignments, and 

project designs. PE generally occurs 

concurrently with NEPA and related 

analyses, and prior to Final Design and 

Construction. 

j. ‘‘Rural Area’’ means any area that is 

not within an area designated as an 

urbanized area by the most recent 

Bureau of the Census. 

k. ‘‘Track Relocation’’ means moving 

a rail line vertically or laterally to a new 

location in order to eliminate an 

existing highway-rail grade crossing. 

‘‘Vertical Relocation’’ refers to raising 

above the current ground level or 

sinking below the current ground level 

of a rail line. ‘‘Lateral Relocation’’ refers 

to moving a rail line horizontally to a 

new location. 

l. ‘‘Tribal Lands’’ means any lands 

reserved for a Federally-recognized 

Native American tribe or tribes under 

treaty or other agreement with the 

United States, executive order, or 

federal statute or administrative action 

as permanent tribal homelands, and 

where the federal government holds title 

to the land in trust on behalf of the tribe. 

B. Federal Award Information 

1. Available Award Amount 

The total funding available for awards 

under this NOFO is $573,264,000.3

Should additional RCE Program funds 

become available after the release of this 

NOFO, FRA may elect to award such 

additional funds to applications 

received under this NOFO. 

Further, certain funding amounts are 

set-aside for the following purposes 

under this NOFO: 

(a) Planning Projects—At least three 

percent of the total grant funds 

available, or $18,000,000, will be made 

available for planning projects described 

in 49 U.S.C. 22909(d)(6). At least 25 

percent of these funds, or $4,500,000 

will be made available for projects 

located in Rural Areas or on Tribal 

Lands. 

(b) Rural or Tribal set aside—At least 

20 percent of the total grant funds 

available, or $114,652,800, will be made 

available for projects located in Rural 

Areas or on Tribal Lands, as required by 

49 U.S.C. 22909(f)(3)(A). At least five 

percent of these funds, or $5,732,640 

will be made available for projects in 

counties with 20 or fewer residents per 

square mile, according to the most 

recent decennial census, provided that 

sufficient eligible applications have 

been submitted. 

In addition, FRA will make at least 

$1,500,000 available for grants that carry 

out Highway-Rail Grade Crossing safety 

information and education programs. 

2. Award Size 

FRA will not award grants for less 

than $1,000,000, except for a planning 

project, as described in section 49 

U.S.C. 22909(d)(6). There are no 

predetermined maximum dollar 

thresholds for individual awards, but no 

more than 20% of the grant funds 

available ($114,652,800) will be 

awarded for projects in any single State. 

FRA anticipates making multiple 

awards with the available funding. 

Given the limited amount of funding 

currently available, FRA may not be 

able to award grants to all eligible 

applications even if they meet or exceed 

the stated evaluation criteria (see 

Section E, Application Review 

Information). Projects may require more 

funding than is available. FRA 

encourages applicants to propose a 

project that has operational 

independence, or a component of such 

project, that can be completed and 

implemented with funding under this 

NOFO as a part of the total project cost 

together with other, non-Federal 

sources. (See Section C(3)(c) for more 

information.) 

3. Award Type 

FRA will make awards for projects 

selected under this notice through grant 

agreements and/or cooperative 

agreements. Grant agreements are used 

when FRA does not expect to have 

substantial Federal involvement in 

carrying out the funded activity. 

Cooperative agreements allow for 

substantial Federal involvement in 

carrying out the agreed upon 

investment, including technical 

assistance, review of interim work 

products, and increased program 

oversight. The term ‘‘grant’’ is used 

throughout this document and is 

intended to reference funding awarded 

through a grant agreement or a 

cooperative agreement. The funding 

provided under this NOFO will be made 

available to grantees on a reimbursable 

basis. Applicants must certify that their 

expenditures are allowable, allocable, 

reasonable, and necessary to the 

approved project before seeking 

reimbursement from FRA. Additionally, 

the grantee is expected to expend 

matching funds at the required 

percentage concurrent with Federal 

funds throughout the life of the project. 

See an example of standard terms and 

conditions for FRA grant awards at: 

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


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4See Section D(2)(a)(iii) for supporting 

information required to demonstrate eligibility of 

Federal funds for use as match. 

5FRA interprets the language in 49 U.S.C. 

22909(g) to permit FRA to reimburse grantees for 

Preliminary Engineering costs incurred before the 

date of project selection, if the costs would be 

permitted as part of total project costs if incurred 

after the date of project selection and are consistent 

with 2 CFR part 200. 

6Highway-Rail Grade Crossing Safety Information 

and Education Programs are eligible under this 

category. 

7Projects under this section are eligible 

independently, or together with construction of a 

project in paragraph (1) through (5). 

L19057. This template is subject to 

revision. 

4. Concurrent Applications 

DOT and FRA may be concurrently 

soliciting applications for transportation 

infrastructure projects for several 

financial assistance programs. 

Applicants may submit applications 

requesting funding for a particular 

project to one or more of these 

programs. In the application for funding 

under this NOFO, applicants must 

indicate the other program(s) to which 

they submitted an application for 

funding the entire project or certain 

project components, as well as highlight 

new or revised information in the 

application responsive to this NOFO 

that differs from the previously 

submitted application(s). 

C. Eligibility Information 

This section of the notice explains 

applicant eligibility, cost sharing and 

matching requirements, project 

eligibility, and project component 

operational independence. Applications 

that do not meet the requirements in 

this section are ineligible for funding. 

Instructions for submitting eligibility 

information to FRA are detailed in 

Section D of this NOFO. 

1. Eligible Applicants 

The following entities are eligible 

applicants for all projects permitted 

under this notice: 

a. A State, including the District of 

Columbia, Puerto Rico, and other 

United States territories and 

possessions; 

b. A political subdivision of a State; 

c. A federally recognized Indian 

Tribe. 

d. A unit of local government or a 

group of local governments. 

e. A public port authority. 

f. A metropolitan planning 

organization. 

g. A group of entities described in any 

of paragraphs (1) through (6). 

Grants under the RCE Program are not 

subject to the limitation in 49 U.S.C. 

22905(f) and may therefore be awarded 

for commuter rail passenger 

transportation projects. FRA will 

transfer such projects to the Federal 

Transit Administration to administer. 

The applicant serves as the primary 

point of contact for the application, and 

if selected, as the recipient of the RCE 

Program grant award. An application 

may identify entities that are not eligible 

applicants as project partners. 

2. Cost Sharing or Matching 

The Federal share of total costs for 

RCE Program projects funded under this 

notice shall not exceed 80 percent. The 

estimated total cost of a project must be 

based on the best available information, 

including engineering studies, studies of 

economic feasibility, and environmental 

analyses. Additionally, in preparing 

estimates of total project costs, 

applicants may use FRA’s cost estimate 

guidance, ‘‘Capital Cost Estimating: 

Guidance for Project Sponsors,’’ which 

is available at: https://www.fra.dot.gov/ 

Page/P0926. 

The minimum 20 percent non-Federal 

share may be comprised of public sector 

funding (e.g., state, or local) or private 

sector funding. FRA will not consider 

any Federal financial assistance 4 or any 

non-Federal funds already expended (or 

otherwise encumbered) toward the 

matching requirement, unless compliant 

with 2 CFR part 200. In-kind 

contributions, including the donation of 

services, materials, and equipment, may 

be credited as a project cost, in a 

uniform manner consistent with 2 CFR 

200.306. In addition, applicants may 

count costs incurred for Preliminary 

Engineering associated with HighwayRail Grade Crossing and Pathway-Rail 

Grade Crossing Improvement Projects as 

part of the total project costs. Such costs 

are eligible as non-Federal share or for 

reimbursement, even if they were 

incurred before project selection for 

award, consistent with 49 U.S.C. 

22909(g).5 Such costs must have been 

incurred no earlier than November 15, 

2021 and must be otherwise compliant 

with 2 CFR part 200 and the 

requirements of this RCE Program. 

Before applying, applicants should 

carefully review the principles for cost 

sharing or matching in 2 CFR 200.306. 

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

application information on non-Federal 

match and Section E for further 

discussion of FRA’s consideration of 

matching funds in the review and 

selection process. FRA will approve preaward costs consistent with 2 CFR 

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

Cost sharing or matching may be used 

only for eligible expenses under the 

Program and are subject to the 

requirements of the Federal award. 

3. Other 

a. Project Eligibility 

The following Highway-Rail or 

Pathway-Rail Grade Crossing 

Improvement Projects that focus on 

improving the safety and mobility of 

people and goods are eligible for 

funding under 49 U.S.C. 22909(d), and 

this NOFO: 

(1) Grade separation or closure, 

including through the use of a bridge, 

embankment, tunnel, or combination 

thereof; 

(2) Track relocation; 

(3) The improvement or installation of 

protective devices, signals, signs, or 

other measures the improve safety, 

provided that such activities are related 

to a separation or relocation project 

described in paragraph (1) or (2); 

(4) Other means to improve the safety 

and mobility of people and goods at 

highway-rail grade crossings (including 

technological solutions); 6

(5) A group of related projects 

described in paragraphs (1) through (4) 

that would collectively improve the 

mobility of people and goods; or 

(6) The planning, environmental 

review, and design of an eligible project 

described in paragraphs (1) through (5).7

b. Project Component Operational 

Independence 

If an applicant requests funding for a 

project that is a component or set of 

components of a larger project, then the 

project component(s) must be attainable 

with the award amount and must 

comply with all eligibility requirements 

described in Section C. 

In addition, the component(s) must 

enable independent analysis and 

decision making, as determined by FRA, 

under NEPA (i.e., have independent 

utility, connect logical termini, and do 

not restrict the consideration of 

alternatives for other reasonably 

foreseeable rail projects). 

c. Rural or Tribal Lands Project 

FRA will consider a project to be in 

a Rural Area or on Tribal Lands if all or 

the majority of the project (determined 

by geographic location(s) where the 

majority of the project funds will be 

spent) is located in a Rural Area or on 

Tribal Lands. However, in the event 

FRA elects to fund a component of the 

project, then FRA will reevaluate 

whether the project is in a Rural Area 

or on Tribal Lands. 


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D. Application and Submission 

Information 

Required documents for the 

application are outlined in the following 

paragraphs. Applicants must complete 

and submit all components of the 

application. See Section D(2) for the 

application checklist. FRA welcomes 

the submission of additional relevant 

supporting documentation, such as 

planning, engineering and design 

documentation, and letters of support 

from partnering organizations that will 

not count against the Project Narrative 

25-page limit. 

1. Address To Request Application 

Package 

Application materials may be 

accessed at https://www.Grants.gov. 

Applicants must submit all application 

materials in their entirety through 

https://www.Grants.gov no later than 

5:00 p.m. ET, on October 4, 2022. 

Applicants are strongly encouraged to 

apply early to ensure that all materials 

are received before the application 

deadline. FRA reserves the right to 

modify this deadline. General 

information for submitting applications 

through Grants.gov can be found at: 

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

FRA is committed to ensuring that 

information is available in appropriate 

alternative formats to meet the 

requirements of persons who have a 

disability. If you require an alternative 

version of files provided, please contact 

Laura Mahoney at laura.mahoney@

dot.gov; phone: 202–578–9337. 

2. Content and Form of Application 

Submission 

FRA strongly advises applicants to 

read this section carefully. Applicants 

must submit all required information 

and components of the application 

package to be considered for funding. 

Applications that are not submitted on 

time or do not contain all required 

documentation will not be considered 

for funding. 

Required documents for an 

application package are outlined in the 

checklist below. 

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

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

iii. Environmental Compliance 

Documentation (see D.2.b.iii). 

iv. SF 424—Application for Federal 

Assistance. 

v. SF 424A—Budget Information for 

Non-Construction or SF 424C—Budget 

Information for Construction. 

vi. SF 424B—Assurances for NonConstruction or SF 424D—Assurances 

for Construction. 

vii. FRA F 30—Certifications 

Regarding Debarment, Suspension and 

Other Responsibility Matters, Drug-Free 

Workplace Requirements and Lobbying. 

viii. FRA F 251—Applicant Financial 

Capability Questionnaire 

ix. SF LLL—Disclosure of Lobbying 

Activities, if applicable. 

a. Project Narrative 

This section describes the minimum 

content required in the Project Narrative 

of grant applications. The Project 

Narrative must follow the basic outline 

below to address the program 

requirements and assist evaluators in 

locating relevant information. 

I. Cover Page ..................... See D.2.a.i 

II. Project Summary .......... See D.2.a.ii 

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

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

V. Detailed Project Description.See D.2.a.v 

VI. Project Location .......... See D.2.a.vi 

VII. Grade Crossing Information.See D.2.a.vii 

VIII. Evaluation and Selection Criteria.See D.2.a.viii 

IX. Safety Benefit .............. See D.2.a.ix 

X. Project Implementation 

and Management.

See D.2.a.x 

XI. Environmental Readiness.See D.2.a.xi 

The above content must be provided 

in a narrative statement submitted by 

the applicant. The Project Narrative may 

not exceed 25 pages in length 

(excluding cover pages, table of 

contents, and supporting 

documentation). If possible, applicants 

should submit supporting documents 

via website links rather than hard 

copies. If supporting documents are 

submitted, applicants must clearly 

identify the relevant portion of the 

supporting document with the page 

numbers of the cited information in the 

Project Narrative. The Project Narrative 

must adhere to the following outline. 

i. Cover Page: Include a cover page 

that lists the following elements in 

either a table or formatted list: 

Project Title ......................................................................................................................

Applicant ..........................................................................................................................

Federal Funding Requested Under this NOFO ............................................................... $: 

Proposed Non-Federal Match .......................................................................................... $: In-Kind: 

Does some or all of the proposed Non-Federal Match for the total project cost consist 

of preliminary engineering costs incurred before project selection?.

If yes, how much? 

Other Sources of Federal funding, if applicable .............................................................. Source: 

$: 

Total Project Cost ............................................................................................................ $: 

Was a Federal Grant Application Previously Submitted for this Project? ....................... Yes/No. 

If yes, please specify the program, funding year and 

project title of the previous application. 

City(-ies), State(s) Where the Project is Located ............................................................

Congressional District(s) Where the Project is Located ..................................................

Is this project identified in: ............................................................................................... Yes/No. 

If Yes, please specify in which plans the project is currently identified, and provide the identifying number if 

applicable. 

• The freight investment plan component of a State freight plan, as required 

under Section 70202(b)(9),.

• A State rail plan prepared in accordance with Chapter 227; or.

• A State highway-rail grade crossing action plan, as required under section 

11401(b) of Passenger Rail Reform and Investment Act of 2015 (title XI of 

Public Law 114–94).

Is the Project Located in a Rural Area or on Tribal Land? .............................................

Is the project eligible for a funding set-aside in Section B.1? ......................................... If yes, please specify which one [Planning Projects, 

Safety Information and Education Program, Rural or 

Tribal Set-Aside]. 


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8https://railroads.dot.gov/safety-data/crossingand-inventory-data/crossing-inventory-lookup. 

If the Project is located in a Rural Area or Tribal Land, is the Project Located in a 

county with 20 or fewer residents per square mile, according to the most recent decennial census.

U.S. DOT Crossing Number(s) 8 (if applicable) ...............................................................

Is the Project located on real property owned by someone other than the applicant? .. If yes, list real property owners and the nature of the 

property interest. 

ii. Project Summary: Provide a brief 

4–6 sentence summary of the proposed 

project and what the project will entail. 

Include challenges the proposed project 

aims to address and summarize the 

intended outcomes and anticipated 

benefits that will result from the 

proposed project. 

iii. Project Funding: Indicate in table 

format the amount of Federal funding 

requested, the proposed non-Federal 

match, and total project cost. Identify 

the source(s) of matching and other 

funds, and clearly and distinctly reflect 

these funds as part of the total project 

cost in the application budget. 

Specifically, identify the financial 

support, if any, from impacted rail 

carriers. Include funding commitment 

letters outlining funding agreements, as 

attachments or in an appendix. If 

Federal funding is proposed as match, 

demonstrate the applicant’s 

determination of eligibility for such use, 

and the legal basis for that 

determination. Also, note if the 

requested Federal funding under this 

NOFO or other programs must be 

obligated or spent by a certain date due 

to dependencies or relationships with 

other Federal or non-Federal funding 

sources, related projects, law, or other 

factors. If applicable, provide the type 

and estimated value of any proposed inkind contributions, as well as 

substantiate how the contributions meet 

the requirements in 2 CFR 200.306. 

Finally, specify whether Federal 

funding for the project has previously 

been sought, and identify the Federal 

program and fiscal year of the funding 

request(s), as well as highlight new or 

revised information in the RCE Program 

application that differs from the 

application(s) to other financial 

assistance programs. If costs incurred 

for Preliminary Engineering activities, 

consistent with Section C.2 are 

proposed as match, describe the 

activities including the date(s) costs 

were incurred. 

EXAMPLE PROJECT FUNDING TABLE

Task No. Task name/project component Cost Percentage of total cost 

1 .....................................................

2 .....................................................

Total Project Cost 

Federal Funds Received from Previous Grant 

Federal Funding Request Under 

this NOFO 

Non-Federal Funding/Match Cash: ............................................

In-Kind: .........................................

Preliminary Engineering costs, 

consistent with Section C.2:.

Portion of Non-Federal Funding 

from the Private Sector 

Please list amounts per source 

Portion of Total Project Costs 

Spent in a Rural Area or on 

Tribal Lands 

Pending Federal Funding Requests 

iv. Applicant Eligibility: Explain how 

the applicant meets the applicant 

eligibility criteria outlined in Section C 

of this notice including where 

appropriate citations to applicable 

enabling legislation for the applicant. 

v. Detailed Project Description: 

Include a detailed project description 

that expands upon the brief project 

summary. This detailed description 

should provide, at a minimum: 

additional background on the challenges 

the project aims to address; the expected 

outcomes; the expected users and 

beneficiaries of the project, including all 

railroad operators; the specific 

components and elements of the project; 

and any other information the applicant 

deems necessary to justify the proposed 

project. For all projects, applicants must 

provide information about proposed 

performance measures, as described in 

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

200.301. . Applicants should specify 

whether the project will result in the 

elimination of one or more grade 

crossings through grade separation or 

otherwise. 

vi. Highway-Rail Grade Crossing 

Safety Information and Education 

Programs:—For these projects, specify 

how the program will help prevent and 

reduce pedestrian, motor vehicle and 

other accidents, incidents, injuries and 

facilities, and how the program will 

help improve awareness along railroad 

rights-of-way and at highway-rail grade 

crossings. 

vii. Project Location: Include 

geospatial data for the project, as well as 

a map of the project’s location. 

Geospatial data can be expressed in 

terms of decimal degrees for latitude 

and longitude of at least five decimal 

places of precision or start and end 


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mileposts designating railroad code and 

subdivision name. On the map, include 

the Congressional districts in which the 

project will take place. 

viii. Grade Crossing Information: Cite 

specific DOT National Grade Crossing 

Inventory information, including the 

railroad that owns the infrastructure (or 

the crossing owner, if different from the 

railroad), the primary railroad operator, 

the DOT crossing inventory number, 

and the roadway at the crossing. 

Applicants can search for data to meet 

this requirement at the following link: 

http://safetydata.fra.dot.gov/ 

OfficeofSafety/default.aspx. 

ix. Evaluation and Selection Criteria: 

Include a thorough discussion of how 

the proposed project meets all of the 

evaluation and selection criteria, as 

outlined in Section E of this notice. If 

an application does not sufficiently 

address the evaluation criteria and the 

selection criteria, it is unlikely to be a 

competitive application. 

x. Safety Benefit: Applicants are 

strongly encouraged to submit safety 

justifications for the project that rely on 

standardized, objective safety metrics 

and data, if available, including data 

from sources such as: GradeDec.Net; 

National Risk Index; 49 CFR part 234; 

safety metrics found in Appendix D of 

49 CFR part 222; the FRA crossing 

incident dashboard (FRA Safety Data & 

Reporting | FRA (dot.gov)); or other 

relevant safety data or metrics. 

xi. DOT Strategic Goals: To the extent 

feasible, and consistent with the 

selection criteria described in Section 

F.2, applicants should describe efforts to 

consider climate change and 

sustainability impacts, as well as efforts 

to improve equity and reduce barriers to 

opportunity in project planning. In 

addition, applicants should describe 

how planning activities and project 

delivery actions advance good-paying, 

quality jobs and workforce programs 

and hiring policies that promote 

workforce inclusion. 

xii. Project Implementation and 

Management: Describe proposed project 

implementation and project 

management arrangements, including 

between the applicant and project 

partners, if any. Include descriptions of 

the expected arrangements for project 

contracting, contract oversight and 

control, change-order management, risk 

management, and conformance to 

Federal requirements for project 

progress reporting (see https://

www.fra.dot.gov/Page/P0274). Describe 

past experience in managing and 

overseeing similar projects. 

xiii. Environmental Readiness: If the 

NEPA process is complete, an applicant 

should indicate the date of completion, 

and provide a website link or other 

reference to the documents 

demonstrating compliance with NEPA, 

which might include a final Categorical 

Exclusion, Finding of No Significant 

Impact, or Record of Decision. If the 

NEPA process is not yet underway, the 

application should state this. If the 

NEPA process is underway, but not 

complete, the application should detail 

the type of NEPA review underway, 

where the project is in the process, and 

indicate the anticipated date of 

completion of all NEPA-related 

milestones. If the last agency action 

with respect to NEPA documents 

occurred more than three years before 

the application date, the applicant 

should describe why the project has 

been delayed and why NEPA 

documents have not been updated and 

include a proposed approach for 

verifying and, if necessary, updating 

this material in accordance with 

applicable NEPA requirements. 

Additional information regarding FRA’s 

environmental processes and 

requirements are located at https://

www.fra.dot.gov/environment. 

b. Additional Application Elements 

Applicants must submit: 

i. A Statement of Work (SOW) 

addressing the scope, schedule, budget, 

and performance measures for the 

proposed project if it were selected for 

award. The SOW must contain 

sufficient detail so FRA, and the 

applicant, can understand the expected 

outcomes of the proposed work to be 

performed and can monitor progress 

toward completing project tasks and 

deliverables during a prospective grant’s 

period of performance. Applicants must 

submit an SOW, schedule, budget, and 

performance measures to be considered 

for award. These four required 

documents are labeled Example General 

Grants—Attachments 2–5 and are 

located at https://www.fra.dot.gov/Page/ 

P0325. Applications that do not include 

all four of the grant package templates 

will be considered incomplete and will 

not be reviewed. When preparing the 

budget, the total cost of a project must 

be based on the best available 

information as indicated in cited 

references that include engineering 

studies, economic feasibility studies, 

environmental analyses, and 

information on the expected use of 

equipment or facilities. 

ii. Environmental compliance 

documentation, as applicable, if a 

website link is not cited in the Project 

Narrative. 

iii. SF 424—Application for Federal 

Assistance. 

iv. SF 424A—Budget Information for 

Non-Construction or SF 424C—Budget 

Information for Construction. 

v. SF 424B—Assurances for NonConstruction or SF 424D—Assurances 

for Construction. 

vi. FRAF 30—Certifications Regarding 

Debarment, Suspension and Other 

Responsibility Matters, Drug-Free 

Workplace Requirements and Lobbying, 

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

elibrary/fra-f-30-certificationsregarding-debarment-suspension-andother-responsibility-matters. 

vii. FRA F 251—Applicant Financial 

Capability Questionnaire, located at 

https://railroads.dot.gov/elibrary/fra-f251. 

viii. SF LLL—Disclosure of Lobbying 

Activities, if applicable. 

Standard OMB Forms needed for the 

electronic application process are at 

www.Grants.gov. 

c. Post-Selection Requirements 

See Section F(2) of this notice for 

post-selection requirements. 

3. Unique Entity Identifier and System 

for Award Management (SAM) 

To apply for funding through 

Grants.gov, applicants must be properly 

registered in SAM before submitting an 

application; provide a valid unique 

entity identifier in its application; and 

continue to maintain an active SAM 

registration as described in detail below. 

Complete instructions on how to 

register and submit an application can 

be found at www.Grants.gov. Registering 

with Grants.gov is a one-time process; 

however, it can take up to several weeks 

for first-time registrants to receive 

confirmation and a user password. FRA 

recommends that applicants start the 

registration process as early as possible 

to prevent delays that may preclude 

submitting an application package by 

the application deadline. Applications 

will not be accepted after the due date. 

Delayed registration is not an acceptable 

justification for an application 

extension. 

FRA may not make a grant award to 

an applicant until the applicant has 

complied with all applicable SAM 

requirements. If an applicant has not 

fully complied with these requirements 

by the time the Federal awarding agency 

is ready to make a Federal award, the 

Federal awarding agency may determine 

that the applicant is not qualified to 

receive a federal award and use that 

determination as a basis for making a 

federal award to another applicant. Late 

applications that are the result of a 

failure to register or comply with 

Grants.gov applicant requirements in a 

timely manner will not be considered. If 


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an applicant has not fully complied 

with the requirements by the 

submission deadline, the application 

will not be considered. To submit an 

application through Grants.gov, 

applicants must: 

a. Register With the SAM at 

www.SAM.gov 

All applicants for Federal financial 

assistance must maintain current 

registrations in the SAM database. An 

applicant must be registered in SAM to 

successfully register in Grants.gov. The 

SAM database is the repository for 

standard information about Federal 

financial assistance applicants, 

recipients, and subrecipients. 

Organizations that have previously 

submitted applications via Grants.gov 

are already registered with SAM, as it is 

a requirement for Grants.gov 

registration. Please note, however, that 

applicants must update or renew their 

SAM registration at least once per year 

to maintain an active status. Therefore, 

it is critical to check registration status 

well in advance of the application 

deadline. If an applicant is selected for 

an award, the applicant must maintain 

an active SAM registration with current 

information throughout the period of 

the award, including information on a 

recipient’s immediate and highest-level 

owner and subsidiaries, as well as on all 

predecessors that have been awarded a 

federal contract or grant within the last 

three years, if applicable. Information 

about SAM registration procedures is 

available at www.sam.gov. 

b. Obtain a Unique Entity Identifier 

On April 4, 2022, the federal 

government stopped using DUNS 

numbers. The DUNS Number was 

replaced by a new, non-proprietary 

identifier that is provided by the System 

for Award Management (SAM.gov). This 

new identifier is called the Unique 

Entity Identifier (UEI), or the Entity ID. 

To find or request a Unique Entity 

Identifier, please visit www.sam.gov. 

c. Create a Grants.gov Username and 

Password 

Applicants must complete an 

Authorized Organization Representative 

(AOR) profile on www.Grants.gov and 

create a username and password. 

Applicants must use the organization’s 

UEI to complete this step. Additional 

information about the registration 

process is available at: https://

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

organization-registration.html. 

d. Acquire Authorization for Your AOR 

From the E-Business Point of Contact (EBiz POC) 

The E-Biz POC at the applicant’s 

organization must respond to the 

registration email from Grants.gov and 

login at www.Grants.gov to authorize the 

applicant as the AOR. Please note there 

can be more than one AOR for an 

organization. 

e. Submit an Application Addressing 

All Requirements Outlined in This 

NOFO 

If an applicant has trouble at any 

point during this process, please call the 

Grants.gov Customer Center Hotline at 

1–800–518–4726, 24 hours a day, 7 days 

a week (closed on Federal holidays). For 

information and instructions on each of 

these processes, please see instructions 

at: http://www.grants.gov/web/grants/ 

applicants/apply-for-grants.html. 

4. Submission Dates and Times 

Applicants must submit complete 

applications to www.Grants.gov no later 

than 5:00 p.m. ET, October 4, 2022. 

Applicants will receive a systemgenerated acknowledgement of receipt. 

FRA reviews www.Grants.gov 

information on dates/times of 

applications submitted to determine 

timeliness of submissions. Late 

applications will be neither reviewed 

nor considered. Delayed registration is 

not an acceptable reason for late 

submission. To apply for funding under 

this announcement, all applicants are 

expected to be registered as an 

organization with Grants.gov. 

Applicants are strongly encouraged to 

apply early to ensure all materials are 

received before this deadline. 

To ensure a fair competition of 

limited discretionary funds, the 

following conditions are not valid 

reasons to permit late submissions: (1) 

failure to complete the Grants.gov 

registration process before the deadline; 

(2) failure to follow Grants.gov 

instructions on how to register and 

apply as posted on its website; (3) 

failure to follow all the instructions in 

this NOFO; and (4) technical issues 

experienced with the applicant’s 

computer or information technology 

environment. 

5. Intergovernmental Review 

Intergovernmental Review is required 

for this program. Applicants must 

contact their State Single Point of 

Contact to comply with their State’s 

process under Executive Order 12372. 

6. Funding Restrictions 

Consistent with 2 CFR 200.458, as 

applicable, FRA will only approve preaward costs if such costs are incurred 

pursuant to the negotiation and in 

anticipation of the grant agreement and 

if such costs are necessary for efficient 

and timely performance of the scope of 

work. Under 2 CFR 200.458, grant 

recipients must seek written approval 

from FRA for pre-award activities to be 

eligible for reimbursement under the 

grant. Activities initiated prior to the 

execution of a grant or without FRA’s 

written approval may be ineligible for 

reimbursement or matching 

contribution. Cost sharing or matching 

may be used only for authorized Federal 

award purposes. 

7. Other Submission Requirements 

For any supporting application 

materials that an applicant cannot 

submit via Grants.gov, such as oversized 

engineering drawings, an applicant may 

submit an original and two (2) copies to 

Douglas Gascon, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

However, due to delays caused by 

enhanced screening of mail delivered 

via the U.S. Postal Service, FRA advises 

applicants to use other means of 

conveyance (such as courier service) to 

assure timely receipt of materials before 

the application deadline. Additionally, 

if documents can be obtained online, 

explaining to FRA how to access files on 

a referenced website may also be 

sufficient. 

Note: Please use generally accepted 

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

.xlsx and .ppt, when uploading 

attachments. While applicants may 

embed picture files, such as .jpg, .gif, 

and .bmp in document files, applicants 

should not submit attachments in these 

formats. Additionally, the following 

formats will not be accepted: .com, .bat, 

.exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, 

.log, .ora, .sys, and .zip. 

E. Application Review Information 

1. Criteria 

a. Eligibility, Completeness, and 

Applicant Risk Review 

FRA will first screen each application 

for applicant and project eligibility 

(eligibility requirements are outlined in 

Section C of this notice), completeness 

(application documentation and 

submission requirements are outlined in 

Section D of this notice), and the 20 

percent minimum non-Federal match. 

FRA will then consider applicant risk, 

including the applicant’s past 

performance in developing and 

delivering similar projects. 


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9To best evaluate the safety benefit of a particular 

proposal, FRA encourages applicants to submit 

justifications that rely on standardized, objective 

safety metrics and data, if available, including: 

Grade Dec.Net; National Risk Index; 49 CFR part 

234; Safety metrics found in Appendix D of 49 CFR 

part 222; FRA crossing incident dashboard (FRA 

Safety Data & Reporting | FRA (dot.gov)); and Other 

relevant safety data or metrics. 

b. Evaluation Criteria 

FRA will evaluate all eligible and 

complete applications using the 

evaluation criteria outlined in this 

section to determine project benefits 

and technical merit. 

i. Project Benefits 

FRA will evaluate application 

information for the extent to which the 

proposed project — 

(A) Improves safety at Highway-Rail 

or Pathway Rail Grade Crossings; 

(B) Proposes to grade separate, 

eliminate, or close one or more 

Highway-Rail or Pathway-Rail Grade 

Crossings; 

(C) Improves the mobility of both 

people and goods; 

(D) Reduces emissions, protects the 

environment, and provides community 

benefit (including noise reduction); 

(E) Improves access to emergency 

services; 

(F) Improves access to communities; 

(G) Provides economic benefit; and 

(H) Uses contracting incentives to 

employ local labor, to the extent 

permissible under Federal law. 

ii. Technical Merit 

FRA will evaluate application 

information for the degree to which — 

(A) The tasks and subtasks outlined in 

the statement of work (SOW) are 

appropriate to achieve the expected 

outcomes of the proposed project; 

(B) The application demonstrates 

strong project readiness and ability to 

meet RCE Program requirements; 

(C) The technical qualifications and 

experience of key personnel the 

applicant proposes to lead and perform 

the technical efforts, including the 

qualifications of the primary and 

supporting organizations, demonstrates 

the ability to fully and successful 

execute the proposed project within the 

proposed time frame and budget; 

(D) The project is identified in the 

freight investment plan component of a 

state freight plan, a state rail plan, a 

state highway-rail grade crossing action 

plan, a state freight plan, or other 

equivalent document; 

(E) The project will use innovative 

technologies, innovative design and 

construction techniques, or construction 

materials that reduce greenhouse gas 

emissions; 

(F) The project will use financial 

support from impacted rail carriers; and 

(G) The project will improve the 

mobility of multiple modes of 

transportation, including ingress and 

egress from freight facilities, or users of 

nonvehicular modes of transportation 

such as pedestrians, bicycles, and 

public transportation. 

c. Selection Criteria 

After the eligibility and completeness 

review and the evaluation criteria 

outlined in this section, FRA will then 

consider the extent to which the 

projects address the following program 

preferences and DOT Strategic Goals: 

(A) Safety 

FRA will assess the project’s ability to 

foster a safe transportation system for 

the movement of goods and people, 

consistent with the Department’s 

strategic goal to reduce transportationrelated fatalities and serious injuries 

across the transportation system. Such 

considerations will include, but are not 

limited to, the extent to which the 

project improves safety at highway-rail 

grade crossings, reduces incidences of 

rail-related trespassing, and upgrades 

infrastructure to achieve a higher level 

of safety.9

(B) Equitable Economic Strength and 

Improving Core Assets 

FRA will assess the project’s ability to 

contribute to economic progress 

stemming from infrastructure 

investment and associated job creation 

in the industry. Such considerations 

will include, but are not limited to, the 

extent to which the project results in 

long-term job creation by supporting 

good-paying jobs directly related to the 

project with free and fair choice to join 

a union, such as through the use of 

project labor agreements, registered 

apprenticeships, and local hiring 

provisions, or other targeted preferential 

hiring requirements, or other similar 

standards or protections; invests in vital 

infrastructure assets and provides 

opportunities for families to achieve 

economic security through rail industry 

employment. 

(C) Equity and Barriers to Opportunity 

FRA will assess the project’s ability to 

address equity and barriers to 

opportunity, to the extent possible 

within the program and consistent with 

law Such considerations will include, 

but are not limited to, the extent to 

which the project improves or expands 

transportation options, mitigates the 

safety risks and detrimental quality of 

life effects that rail lines can have on 

communities, and expands workforce 

development and training opportunities 

to foster a more diverse rail industry. 

This will also include community 

engagement efforts already taken or 

planned, the extent to which 

engagement efforts are designed to reach 

impacted communities, whether 

engagement is accessible for persons 

with disabilities or limited English 

proficient persons within the impacted 

communities, and how community 

feedback is taken into account in 

decision-making. 

(D) Climate Change and Sustainability 

In support of E.O. 14008, ‘‘Tackling 

the Climate Crisis at Home and 

Abroad,’’ FRA will assess the project’s 

ability to reduce the harmful effects of 

climate change and anticipate necessary 

improvements to prepare for extreme 

weather events. Such considerations 

will include, but are not limited to, the 

extent to which the project reduces 

emissions, promotes energy efficiency, 

increases resiliency, and recycles or 

redevelops existing infrastructure. 

(E) Transformation of Our Nation’s 

Transportation Infrastructure 

FRA will assess the project’s ability to 

expand and improve the nation’s rail 

network, which needs to balance new 

infrastructure for increased capacity 

with proper maintenance of aging 

assets. Such considerations will 

include, but are not limited to, the 

extent to which the project adds 

capacity to congested corridors, and 

ensures assets will be improved to a 

state of good repair. 

(F) Eliminating Crossings and Making 

Corridor-Wide Improvements 

FRA will assess whether the project 

results in the elimination of one or more 

grade crossings through grade 

separations, closing crossings through 

track relocation, and corridor-wide 

grade crossing improvements. 

(G) Geographic Diversity 

In determining the allocation of 

program funds, FRA may also consider 

geographic diversity, diversity in the 

size of the systems receiving funding, 

and the applicant’s receipt of other 

competitive awards. FRA will allocate 

program funds consistent with 49 U.S.C. 

22909(f)(3). 

2. Review and Selection Process 

FRA will conduct a four-part 

application review process, as follows: 

a. Screen applications for applicant 

and project eligibility, completeness, the 

minimum match and applicant risk 

including past performance in 

developing and delivering similar 

projects; 


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10FRA has posted guidance at https://

railroads.dot.gov/elibrary/frequently-askedquestions-about-rail-improvement-grant-conditionsunder-49-usc-ss-22905c1 to assist grantees 

implementing the protective arrangements. 

b. Evaluate remaining applications 

(completed by technical panels applying 

the evaluation criteria); 

c. Review and apply selection criteria 

and recommend initial selection of 

projects for the FRA Administrator’s 

review (completed by a Senior Review 

Team, which includes senior leadership 

from the Office of the Secretary and 

FRA); and 

d. Select recommended awards for the 

Secretary’s or his designee review and 

approval (completed by the FRA 

Administrator). 

3. Reporting Matters Related to Integrity 

and Performance 

Before making a Federal award with 

a total amount of Federal share greater 

than the simplified acquisition 

threshold of $250,000 (see 2 CFR 200.88 

Simplified Acquisition Threshold), FRA 

will review and consider any 

information about the applicant that is 

in the designated integrity and 

performance system accessible through 

SAM (currently the Federal Awardee 

Performance and Integrity Information 

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

An applicant, at its option, may 

review information in the designated 

integrity and performance systems 

accessible through SAM and comment 

on any information about itself that a 

federal awarding agency previously 

entered and is currently in the 

designated integrity and performance 

system accessible through SAM. 

FRA will consider any comments by 

the applicant, in addition to the other 

information, in making a judgment 

about the applicant’s integrity, business 

ethics, and record of performance under 

Federal awards when completing the 

review of risk posed by applicants as 

described in 2 CFR 200.205. 

F. Federal Award Administration 

Information 

1. Federal Award Notice 

FRA will announce applications 

selected for funding in a press release 

and on FRA’s website after the 

application review period. This 

announcement is FRA’s notification to 

successful and unsuccessful applicants 

alike. FRA will contact applicants with 

successful applications after 

announcement with information and 

instructions about the award process. 

This notification is not an authorization 

to begin proposed project activities. 

FRA requires satisfaction of applicable 

requirements by the applicant and a 

formal agreement signed by both the 

grantee and the FRA, including an 

approved scope, schedule, and budget, 

before obligating the grant. See an 

example of standard terms and 

conditions for FRA grant awards at 

https://railroads.fra.dot.gov/elibrary/ 

award-administration-and-grantconditions. This template is subject to 

revision. 

2. Administrative and National Policy 

Requirements 

In connection with any program or 

activity conducted with or benefiting 

from funds awarded under this notice, 

recipients of funds must comply with 

all applicable requirements of Federal 

law, including, without limitation: the 

Constitution of the United States; the 

relevant authorization and 

appropriations, the conditions of 

performance, nondiscrimination 

requirements, and other assurances 

made applicable to the award of funds 

in accordance with regulations of DOT; 

and applicable Federal financial 

assistance and contracting principles 

promulgated by the Office of 

Management and Budget (OMB). In 

complying with these requirements, 

grantees, in particular, must ensure that 

no concession agreements are denied or 

other contracting decisions made on the 

basis of speech or other activities 

protected by the First Amendment. If 

FRA determines that a recipient has 

failed to comply with applicable Federal 

requirements, FRA may terminate the 

award of funds and disallow previously 

incurred costs, requiring the recipient to 

reimburse any expended award funds. 

See an example of standard terms and 

conditions for FRA grant awards at 

https://railroads.dot.gov/elibrary/awardadministration-and-grant-conditions. 

This template is subject to revision. 

Examples of administrative and 

national policy requirements include: 2 

CFR part 200; procurement standards at 

2 CFR part 200 subpart D—Procurement 

Standards; 2 CFR 1207.317 and 2 CFR 

200.401; compliance with Federal civil 

rights laws and regulations; 

disadvantaged business enterprises 

requirements; debarment and 

suspension requirements; drug-free 

workplace requirements; FRA’s and 

OMB’s Assurances and Certifications; 

Americans with Disabilities Act; safety 

requirements; NEPA; environmental 

justice requirements; compliance with 

49 U.S.C. 24905(c)(2) for the duration of 

NEC Projects; and 2 CFR 200.315, 

governing rights to intangible property. 

Unless otherwise stated in statutory or 

legislative authority, or appropriations 

language, all financial assistance awards 

follow the Uniform Administrative 

Requirements, Cost Principles and 

Audit Requirements for Federal Awards 

at 2 CFR part 200 and 2 CFR part 1201. 

Assistance under this NOFO is subject 

to the grant conditions in 49 U.S.C. 

22905, including protective 

arrangements that are equivalent to the 

protective arrangements established 

under section 504 of the Railroad 

Revitalization and Regulatory Reform 

Act of 1976 (45 U.S.C. 836) with respect 

to employees affected by actions taken 

in connection with the project to be 

financed in whole or in part by grants 

subject to 49 U.S.C. 22905,10 the 

provision deeming operators rail 

carriers and employers for certain 

purposes, and grantee agreements with 

railroad right-of-way owners for projects 

using railroad rights-of-way (see 

D.2.b.xi). In addition, recipients shall 

obtain necessary approvals, required 

under 49 U.S.C. 22909(e)(2)(A), if 

applicable, from any impacted rail 

carriers or real property owners before 

proceeding with the construction of a 

project funded by a grant under this 

NOFO. For planning projects, the 

applicant may submit instead an 

acknowledgment that it agrees to work 

collaboratively with impacted rail 

carriers and right-of-way owners. This 

condition applies notwithstanding 49 

U.S.C. 22909(j)(2) and 49 U.S.C 

22905(e)(1). 

Grants under the RCE Program are not 

subject to the limitation in 49 U.S.C. 

22905(f) and may therefore be awarded 

for commuter rail passenger 

transportation projects. FRA will 

transfer such projects to the Federal 

Transit Administration to administer, 

consistent with 49 U.S.C. 22909(j). 

Projects that have not sufficiently 

considered climate change and 

sustainability in their planning, as 

determined by FRA, will be required to 

do so before receiving funds for 

construction, consistent with Executive 

Order 14008, Tackling the Climate 

Crisis at Home and Abroad (86 FR 

7619). In the grant agreement, recipients 

will be expected to describe activities 

they have taken, or will take prior to 

obligation of construction funds that 

addresses climate change and 

environmental justice (EJ). Activities 

that address climate change include, but 

are not limited to, demonstrating: the 

project will result in significant 

greenhouse gas emissions reductions; 

the project supports emissions 

reductions goals in a Local/Regional/ 

State plan; and the project primarily 

focuses on funding for state of good 

repair and clean transportation options, 

including public transportation, 


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Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40345 

11Federal funds may not be used to support or 

oppose union organizing, whether directly or as an 

offset for other funds. 

12 IIJA div. B § 25019 provides authority for funds 

made available under title 49 and title 23 to use 

geographical and economic hiring preferences, 

including local hire, for construction jobs, subject 

to any applicable State and local laws, policies, and 

procedures. 

walking, biking, micro-mobility. 

Activities that address EJ include, but 

are not limited to: basing project design 

on the results of a proven EJ screening 

tool (developed by another Federal 

agency such as the EPA, a state agency, 

etc.); conducting enhanced, targeted 

outreach to EJ communities; considering 

EJ in alternatives analysis and final 

project design; and supporting a modal 

shift in freight or passenger movement 

to reduce emissions or reduce induced 

travel demand. 

Projects must consider and address 

equity and barriers to opportunity in 

their planning, as determined by FRA, 

and as a condition of receiving 

construction funds, consistent with 

Executive Order 13985, Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government (86 FR 7009). The 

grant agreement should include the 

recipient’s description of activities they 

have taken, or will take prior to 

obligation of construction funds that 

addresses equity and barriers to 

opportunity. These activities may 

include, but are not limited to: 

completing an equity impact analysis 

for the project; adopting an equity and 

inclusion program/plan; conducting 

meaningful public engagement to ensure 

underserved communities are provided 

an opportunity to be involved in the 

planning process; including investments 

that either redress past barriers to 

opportunity or that proactively create 

new connections and opportunities for 

underserved communities; hiring from 

local communities; improving access to 

or providing economic growth 

opportunities for underserved, 

overburdened, or rural communities; or 

addressing historic or current 

inequitable air pollution or other 

environmental burdens and impacts. 

Each applicant selected for grant 

funding should ensure planning 

activities and project delivery actions 

advance good-paying, quality jobs and 

workforce programs and hiring policies 

that promote workforce inclusion, 

consistent with Executive Order 14025, 

Worker Organizing and Empowerment 

(86 FR 22829), and Executive Order 

14052, Implementation of the 

Infrastructure Investment and Jobs Act 

(86 FR 64335). Specifically, the project 

must support: (a) strong labor standards 

and the choice to join a union,11

including project labor agreements and 

distribution of workplace rights notices; 

(b) support of high-quality workforce 

development programs, including 

registered apprenticeship, labormanagement training programs, and 

supportive services to help train, place, 

and retain people in good-paying jobs 

and apprenticeship; and (c) 

comprehensive planning and policies to 

promote hiring and inclusion for all 

groups of workers, including through 

the use of local and economic hiring 

preferences, linkage agreements with 

workforce programs that serve these 

underrepresented groups, and proactive 

plans to prevent harassment.12

Consistent with E.O. 11246, Equal 

Employment Opportunity (30 FR 12319, 

and as amended), all federally-assisted 

contractors are required to make good 

faith efforts to meet the goals of 6.9% of 

construction project hours being 

performed by women, in addition to 

goals that vary based on geography for 

construction work hours and for work 

being performed by people of color. The 

U.S. Department of Labor’s Office of 

Federal Contract Compliance Programs 

(OFCCP) has a Mega Construction 

Project Program through which it 

engages with project sponsors as early 

as the design phase to help promote 

compliance with non-discrimination 

and affirmative action obligations. 

Through the program, OFCCP offers 

contractors and subcontractors 

extensive compliance assistance, 

conducts compliance evaluations, and 

helps to build partnerships between the 

project sponsor, prime contractor, 

subcontractors, and relevant 

stakeholders. OFCCP will identify 

projects that receive an award under 

this notice and are required to 

participate in OFCCP’s Mega 

Construction Project Program from a 

wide range of federally assisted projects 

over which OFCCP has jurisdiction and 

that have a project cost above $35 

million. DOT will require project 

sponsors with costs above $35 million 

that receive awards under this funding 

opportunity to partner with OFCCP, if 

selected by OFCCP, as a condition of 

their DOT award. Under that 

partnership, OFCCP will ask these 

project sponsors to make clear to prime 

contractors in the pre-bid phase that 

project sponsor’s award terms will 

require their participation in the Mega 

Construction Project Program. 

Additional information on how OFCCP 

makes their selections for participation 

in the Mega Construction Project 

Program is outlined under ‘‘Scheduling’’ 

on the Department of Labor website: 

https://www.dol.gov/agencies/ofccp/ 

faqs/construction-compliance.’’ 

Critical Infrastructure Security and 

Resilience 

It is the policy of the United States to 

strengthen the security and resilience of 

its critical infrastructure against both 

physical and cyber threats. Each 

applicant selected for Federal funding 

under this notice must demonstrate, 

prior to the signing of the grant 

agreement, efforts to consider and 

address physical and cybersecurity risks 

relevant to the transportation mode and 

type and scale of the project. Projects 

that have not appropriately considered 

and addressed physical and cyber 

security and resilience in their 

planning, design, and project oversight, 

as determined by the Department and 

the Department of Homeland Security, 

will be required to do so before 

receiving funds for construction 

consistent with Presidential Policy 

Directive 21—Critical Infrastructure 

Security and Resilience and the 

National Security Presidential 

Memorandum on Improving 

Cybersecurity for Critical Infrastructure 

Control Systems. 

Domestic Preference Requirements 

Assistance under this NOFO is subject 

to the Buy America requirements in 49 

U.S.C. 22905(a) and the Build America, 

Buy America Act, Public Law 117–58, 

70901–52. In addition, as expressed in 

Executive Order 14005, Ensuring the 

Future Is Made in All of America by All 

of America’s Workers (86 FR 7475), it is 

the policy of the executive branch to 

maximize, consistent with law, the use 

of goods, products, and materials 

produced in, and services offered in, the 

United States. FRA expects all 

applicants to comply with that 

requirement without needing a waiver. 

However, to obtain a waiver, a recipient 

must be prepared to demonstrate how 

they will maximize the use of domestic 

goods, products, and materials in 

constructing their project. 

Civil Rights and Title VI 

Recipients of Federal transportation 

funding will be required to comply fully 

with Title VI of the Civil Rights Act of 

1964 and implementing regulations (49 

CFR 21), the Americans with 

Disabilities Act of 1990 (ADA), Section 

504 of the Rehabilitation Act of 1973, 

and all other civil rights requirements. 

The Department’s and FRA’s Office of 

Civil Rights may provide resources and 

technical assistance to recipients to 

ensure full and sustainable compliance 

with Federal civil rights requirements. 


jspears on DSK121TN23PROD with NOTICES1
40346 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 

Performance and Program Evaluation 

Recipients and subrecipients are also 

encouraged to incorporate program 

evaluation, including associated data 

collection activities from the outset of 

their program design and 

implementation, to meaningfully 

document and measure their progress 

towards meeting an agency priority 

goal(s). Title I of the Foundations for 

Evidence-Based Policymaking Act of 

2018 (Evidence Act), Public Law 115– 

435 (2019) urges Federal awarding 

agencies and Federal assistance 

recipients and subrecipients to use 

program evaluation as a critical tool to 

learn, to improve equitable delivery, 

and to elevate program service and 

delivery across the program lifecycle. 

Evaluation means ‘‘an assessment using 

systematic data collection and analysis 

of one or more programs, policies, and 

organizations intended to assess their 

effectiveness and efficiency.’’ 5 U.S.C. 

311. Credible program evaluation 

activities are implemented with 

relevance and utility, rigor, 

independence and objectivity, 

transparency, and ethics (OMB Circular 

A–11, Part 6 Section 290). 

For grant recipients receiving an 

award, evaluation costs are allowable 

costs (either as direct or indirect), unless 

prohibited by statute or regulation, and 

such costs may include the personnel 

and equipment needed for data 

infrastructure and expertise in data 

analysis, performance, and evaluation. 

(2 CFR part 200). 

3. Reporting 

a. Progress Reporting on Grant Activity 

Each applicant selected for a grant 

will be required to comply with all 

standard FRA reporting requirements, 

including quarterly progress reports, 

quarterly Federal financial reports, and 

interim and final performance reports, 

as well as all applicable auditing, 

monitoring and close out requirements. 

Reports may be submitted 

electronically. Pursuant to 2 CFR 

170.210, non-Federal entities applying 

under this NOFO must have the 

necessary processes and systems in 

place to comply with the reporting 

requirements should they receive 

Federal funding. 

b. Additional Reporting 

Applicants selected for funding are 

required to comply with all reporting 

requirements in the standard terms and 

conditions for FRA grant awards 

including 2 CFR 180.335 and 2 CFR 

180.350. 

If the Federal share of any Federal 

award under this NOFO may include 

more than $500,000 over the period of 

performance, applicants are informed of 

the post award reporting requirements 

reflected in—Award Term and 

Condition for Recipient Integrity and 

Performance Matters. 

c. Performance Reporting 

Each applicant selected for funding 

must collect information and report on 

the project’s performance using 

measures mutually agreed upon by FRA 

and the grantee to assess progress in 

achieving strategic goals and objectives. 

H. Federal Awarding Agency Contacts 

For further information related to this 

notice, please contact Douglas Gascon, 

Office of Policy and Planning, Federal 

Railroad Administration, 1200 New 

Jersey Avenue SE, Room W38–212, 

Washington, DC 20590; 

douglas.gascon@dot.gov; 202–493–0239. 

I. Other Information 

All information submitted as part of 

or in support of any application shall 

use publicly available data or data that 

can be made public and methodologies 

that are accepted by industry practice 

and standards, to the extent possible. If 

the application includes information the 

applicant considers to be a trade secret 

or confidential commercial or financial 

information, the applicant should do the 

following: (1) Note on the front cover 

that the submission ‘‘Contains 

Confidential Business Information 

(CBI)’’; (2) mark each affected page 

‘‘CBI’’; and (3) highlight or otherwise 

denote the CBI portions. 

The DOT regulations implementing 

the Freedom of Information Act (FOIA) 

are found at 49 CFR part 7 Subpart C— 

Availability of Reasonably Described 

Records under the Freedom of 

Information Act and sets forth rules for 

FRA to make requested materials, 

information and records publicly 

available under FOIA. Unless prohibited 

by law and to the extent permitted 

under the FOIA, contents of application 

and proposals submitted by successful 

applicants may be released in response 

to FOIA requests. 

In addition, following the completion 

of the selection process and 

announcement of awards consistent 

with 49 U.S.C 22909(i), FRA will post 

online a list of all eligible applicants 

submitting an application, a list of all 

proposed projects and applicants that 

FRA determines are ineligible, and a list 

of the grant recipients that were selected 

to receive grant funding under the RCE 

Program on an annual basis. Except for 

information withheld under the 

previous paragraph, FRA may also make 

application narratives publicly available 

or share application information within 

DOT or with other Federal agencies if 

FRA determines that sharing is relevant 

to the respective program’s objectives. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2022–14344 Filed 7–5–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0052] 

Advisory Committee on Underride 

Protection 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Solicitation of nominations for 

appointment to the advisory committee 

on Underride Protection (ACUP). 

SUMMARY: NHTSA is soliciting 

applications for appointment to the U.S. 

Department of Transportation’s (DOT) 

ACUP. The purpose of ACUP is to 

provide advice and recommendations to 

the Secretary of Transportation on safety 

regulations to reduce underride crashes 

and fatalities relating to underride 

crashes. 

DATES: Applications for membership 

must be received by NHTSA on or 

before 5 p.m. EST, August 5, 2022. 

ADDRESSES: If you wish to apply for 

membership, your application should be 

submitted to: 

• Email: ACUP@dot.gov. 

• Mail: Use only overnight mail and 

send to: U.S. Department of 

Transportation, National Highway 

Traffic Safety Administration, Office of 

Rulemaking, Attn: ACUP, 1200 New 

Jersey Avenue SE, NRM–130, 

Washington, DC 20590. 

The ACUP charter can be found in the 

docket to this notice. 

FOR FURTHER INFORMATION CONTACT: 

James Myers, Chief, Special Vehicles 

and Systems Division, Office of 

Rulemaking, National Highway Traffic 

Safety Administration, U.S. Department 

of Transportation, James.Myers@dot.gov 

or 202–493–0031. Any committee 

related questions should be sent to the 

person listed in this section. 

SUPPLEMENTARY INFORMATION: 

Background 

ACUP is established pursuant to 

Section 23011(d) of the Bipartisan 

Infrastructure Law (BIL), enacted as the 

Infrastructure Investment and Jobs Act, 


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