51880 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices 

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 decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for 

denying or, in the alternative, the 

specific person or class of persons 

receiving the exemption, and the 

regulatory provision or provisions from 

which exemption is granted. The notice 

must also specify the effective period of 

the exemption (up to 2 years), and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

Request for Exemption 

Volvo has applied for an exemption 

from the commercial driver’s license 

(CDL) rules, specifically 49 CFR 383.23 

that prescribes licensing requirements 

for drivers operating commercial motor 

vehicles (CMVs) in interstate or 

intrastate commerce. Volvo requests the 

exemption because this driver-employee 

is a citizen and resident of Sweden, and 

therefore cannot apply for a CDL in any 

of the United States. A copy of the 

application is in Docket No. FMCSA–

2006–25756. 

The exemption would allow one 

driver to operate CMVs in interstate 

commerce as part of a team of drivers 

who will support a Volvo field test to 

meet future air quality standards, to testdrive Volvo prototype vehicles at its test 

site and in the vicinity around Phoenix, 

Arizona, to verify results in ‘‘real 

world’’ environments, and to deliver the 

vehicles if necessary in the U.S. The 

driver is Fredrik Eriksson, and Volvo 

requests that the exemption cover a 2- 

year period beginning February 2009. 

This driver holds a valid Swedish 

CDL, and as explained by Volvo in 

previous exemption requests, drivers 

applying for a Swedish-issued CDL 

must dergo a training program and pass 

knowledge and skills tests. Volvo also 

stated in prior exemption requests that 

the knowledge and skills tests and 

training program that Swedish drivers 

undergo to obtain a Swedish CDL 

ensure the exemption provides a level of 

safety that is equivalent to, or greater 

than, the level of safety obtained by 

complying with the U.S. requirement for 

a CDL. 

FMCSA has previously determined 

the process for obtaining a Swedishissued CDL is comparable to, or as 

effective as the Federal requirements of 

Part 383, and adequately assesses the 

driver’s ability to operate CMVs in the 

U.S. On other prior occasions FMCSA 

has published notices concerning 

similar Volvo requests. The initial 

notice of a similar nature was published 

by FMCSA on May 12, 2006, granting 

this exemption to Volvo for 11 Swedish 

CDL drivers permitting them to operate 

CMVs in the U.S. (71 FR 27780). 

Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(4) and 31136(e), FMCSA 

requests public comment on Volvo’s 

application for an exemption from the 

CDL requirements of 49 CFR 383.23. 

The Agency will consider all comments 

received by close of business on October 

6, 2008. Comments will be available for 

examination in the docket at the 

location listed under the ‘‘ADDRESSES’’

section of this notice. The Agency will 

consider to the extent practicable 

comments received in the public docket 

after the closing date of the comment 

period. 

Issued on: August 29, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E8–20667 Filed 9–5–08; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Funding Availability and 

Solicitation of Applications for the 

Program for Capital Grants for Rail 

Line Relocation and Improvement 

Projects 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of funding availability; 

solicitation for applications. 

SUMMARY: Under this Notice, the FRA 

encourages eligible applicants to submit 

applications for grants to fund rail line 

relocation and improvement projects. 

This Notice of Funds Availability does 

not apply to the nine (9) projects 

specifically enumerated in the 

Transportation, Housing and Urban 

Development, and Related Agencies 

Appropriations Act, 2008 (Division K of 

Pub. L. 110–161 (December 26, 2007)). 

DATES: FRA will begin accepting grant 

applications on September 15, 2008. 

Applications may be submitted until the 

earlier of Friday, November 28, 2008, or 

the date on which all available funds 

will have been committed under this 

program. The last-mentioned date will 

be announced in the Federal Register. 

ADDRESSES: Applications must be 

submitted electronically to http:// 

www.grants.gov (‘‘Grants.Gov’’). 

Grants.Gov allows organizations 

electronically to find and apply for 

competitive grant opportunities from all 

Federal grant-making agencies. Any 

eligible applicant wishing to submit an 

application pursuant to this notice 

should immediately initiate the process 

of registering with Grants.Gov at http:// 

www.grants.gov. Please confirm all 

Grants.Gov submissions by e-mailing 

paxrail@dot.gov. 

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: John Winkle, 

Office of Railroad Development (RDV–

13), Mail Stop #20, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Due to delays caused by enhanced 

screening of mail delivered via the U.S. 

Postal Service, applicants are 

encouraged to use other means to ensure 

timely receipt of materials. 

FOR FURTHER INFORMATION CONTACT: John 

Winkle, Office of Railroad Development 

(RDV–11), Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Phone: (202) 493–6067; Fax: (202) 493–

6330, or Robert Carpenter, Grants 

Officer, Office of Acquisition and Grants 

Services (RAD–30), Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Phone: (202) 493–6153; Fax: (202) 493–

6171. 

SUPPLEMENTARY INFORMATION: Section 

9002 of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) (Pub. 

L. 109–59, August 10, 2005) amended 

chapter 201 of title 49 of the United 

States Code by adding § 20154 which 

authorized, but did not appropriate, 

$350,000,000 per year for each of the 

fiscal years (FY) 2006 through 2009 for 

the purpose of funding the Program for 

Capital Grants for Rail Line Relocation 

and Improvement Projects (the Program) 

(Catalog of Federal Domestic Assistance 

(CFDA) Program Number 20.314). 

SAFETEA–LU also directed FRA to 

promulgate a regulation that establishes 

the Program. That Final Rule was 

published on July 11, 2008 and can be 

found at 73 FR 39875 (49 CFR part 262). 

In FY 2008, Congress, through the 

Transportation, Housing and Urban 

Development, and Related Agencies 

Appropriations Act, 2008 (Division K of 

Pub. L. 110–161 (December 26, 2007)) 

appropriated $20,145,000 to FRA to 

fund the Program. Of that amount, 

Congress directed that $5,240,000 be 

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Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices 51881 

spent on nine specific projects. This 

amount was reduced by rescission to 

$5,135,000 leaving $20,040,200 to be 

spent on the Program, $14,905,000 of 

which is to be awarded through 

discretionary (competitive) grants. This 

Notice of Funding Availability and 

Solicitation of Applications applies to 

the $14,905,000 in discretionary grants. 

FRA intends to directly contact the 

sponsors (or potential sponsors) of the 

nine projects specifically identified by 

Congress in the Appropriations Act and 

identify for them the application 

requirements that will apply to the 

congressionally designated projects, 

which will also be required to be 

submitted through Grants.Gov. 

An approved applicant, or other nonFederal party, shall pay at least 10 per 

cent of the costs of any project funded 

by a grant awarded through the 

Program. FRA expects to award grants to 

multiple eligible participants. FRA 

anticipates that no further public notice 

will be made with respect to selecting 

grantees under this program. 

Purpose: In many places throughout 

the country, rail infrastructure that was 

once critical to communities now 

presents problems as well as benefits. 

While rail offers significant benefits 

over other modes of transportation (e.g., 

rail is more fuel efficient that trucking), 

changes in land use and development 

over the last century have created some 

challenges. For example, tracks that run 

down the middle of towns and were 

once vital for economic survival now 

separate the communities on either side. 

Rail yards and tracks occupy valuable 

real estate. Trains parked in sidings may 

present attractive nuisances to children 

and vandals, and, in the case of tank 

cars containing hazardous materials, 

may create serious security risks. Grade 

crossings may present safety risks to the 

vehicles and pedestrians that must cross 

the tracks. These same crossings create 

inconveniences when long trains block 

crossings for extended periods of time 

and sound horns as they operate 

through crossings in neighborhoods. In 

some cases, trains operate over lines at 

speeds that are suited for the class of 

track, but often these speeds concern the 

surrounding community. In an 

increasing number of locations, rail 

lines have become so congested that 

communities experience almost 

continuous train traffic that often leads 

to lengthy backups at grade crossings. In 

short, rail lines that once brought 

economic prosperity and social 

cohesion are now sometimes viewed as 

factors in the decline of both. 

As a result, State and local 

governments are looking for ways to 

eliminate the problems created by the 

presence of railroad infrastructure while 

retaining the transportation advantages 

of this mode. Many times, potential 

solutions include relocating track to an 

area that is better suited for it or raising 

or lowering track so that it is not atgrade. In addition to these track 

relocation projects, many communities 

are eager to improve existing rail 

infrastructure in an effort to mitigate the 

perceived negative effects of rail traffic 

on safety in general, motor vehicle 

traffic flow, economic development, or 

the overall quality of life on a 

community in general. 

To assist State and local governments 

in this effort, Congress in SAFETEA–LU 

authorized the Program for Capital 

Grants for Rail Line Relocation and 

Improvement Projects. In FY 2008, 

Congress appropriated $20,145,000, 

reduced by rescission to $20,040,200, 

for the Program, $14,905,000 of which is 

available for discretionary (competitive) 

grants. No funds were appropriated in 

FY 2006 or FY 2007. 

Authority: The authority for the 

Program can be found in the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) (Pub. L. 109–59, 

August 10, 2005), and at 49 CFR part 

262. 

Funding: The Transportation, Housing 

and Urban Development, and Related 

Agencies Appropriations Act, 2008, 

provides $14,905,000 for discretionary 

grants, which allows FRA to award one 

or more grants covering up to 90 percent 

of the cost of rail line relocations and 

improvements. The funding provided 

under these grants will be made 

available to grantees on a 

reimbursement basis. It is anticipated 

that the available funding could support 

projects proposed by multiple 

applicants. FRA may choose to award a 

grant or grants within the available 

funds in any amount. Applicants should 

indicate whether funding made 

available through grants provided under 

this Program, together with committed 

funding from other sources, including 

the required match, will be sufficient to 

complete the overall project or a 

discrete portion of the project. 

Schedule for Capital Grant Program: 

FRA will begin accepting grant 

applications on September 15, 2008. 

Applications must be submitted by 

November 28, 2008 or the date (to be 

announced) on which all available 

funds will have been committed. Due to 

the limited funding available under this 

program: (1) applicants are encouraged 

to submit their applications at the 

earliest date practicable in order to 

maximize the consideration of their 

application in the competition; and (2) 

FRA may request that an applicant 

submit a revised application reflecting a 

refined scope of work and budget. FRA 

anticipates making the first award(s) 

pursuant to this notice by the second 

quarter of FY 2009. 

Eligible Participants: Only States, 

political subdivisions of States, and the 

District of Columbia are eligible for 

grants under the Program (see 49 CFR 

§§ 262.3 and 262.7). 

Eligible Projects: Construction 

projects undertaken for the 

improvement of the route or structure of 

a rail line that either: (1) Is carried out 

for the purpose of mitigating the adverse 

effects of rail traffic on safety, motor 

vehicle traffic flow, community quality 

of life, or economic development; or (2) 

involve a lateral or vertical relocation of 

any portion of the rail line (see 49 CFR 

262.7) are eligible. Pre-construction 

activities, such as preliminary 

engineering and design work and 

environmental compliance, are 

considered part of the overall 

construction project (see 49 CFR 

262.3(6)). Only new projects will be 

eligible; projects for which construction 

has commenced prior to the date of the 

application will not be considered. In 

addition, only costs incurred from the 

date of the application will be 

considered as allowable for both 

reimbursement and matching purposes. 

For pre-application costs associated 

with environmental and historic 

preservation compliance, see 49 CFR 

§ 262.15. 

Selection Criteria: FRA will consider 

the following selection factors in 

evaluating applications for grants under 

this program (see 49 CFR § 262.9): 

1. The capability of the applicant to 

fund the project without Federal grant 

funding; 

2. The effects of the rail line, relocated 

or improved as proposed, on motor 

vehicle and pedestrian traffic, safety, 

community quality of life, and area 

commerce; 

3. The effects of the rail line, relocated 

as proposed, on the freight rail and 

passenger rail operations on the line; 

4. Equitable treatment of the various 

regions of the United States; 

5. Any other factors FRA determines 

to be relevant in assessing the 

effectiveness and/or efficiency of the 

grant application, including the costeffectiveness of the proposed project in 

terms of benefits achieved in relation to 

the funds expended. In the preamble to 

the Final Rule, FRA provided an 

extensive, but not exhaustive, list of 

possible data items that could be used 

to support a cost-effectiveness 

determination. That list can be found at 

73 FR 39880. 

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51882 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Notices 

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, supported by spreadsheet 

documents, tables, drawings, and other 

materials, as appropriate. Each grant 

application will: 

1. Designate a point of contact for the 

applicant and provide his or her name 

and contact information, including 

phone number, mailing address and email address. The point of contact must 

be an employee of an eligible applicant 

(i.e., a state employee, or an employee 

of a political subdivision of a state, or 

an employee of the District of 

Columbia). 

2. Include a detailed project 

description, including an explanation of 

why the project is an eligible project 

and a thorough discussion of how the 

project meets all of the selection criteria. 

3. Include a complete Standard Form 

424, ‘‘Application for Federal 

Assistance,’’ Standard Form 424D, 

‘‘Assurances—Construction Programs,’’

and the most recent audit performed in 

compliance with OMB Circular A–133. 

Information on Circular A–133 can be 

found at http://www.whitehouse.gov/ 

omb/circulars/a133/a133.html. Also 

include signed copies of FRA’s 

Additional Assurances and 

Certifications, available at http:// 

www.fra.dot.gov/downloads/admin/ 

assurancesandcertifications.pdf. 

4. Define the scope of work for the 

proposed project, including the 

anticipated project schedule. Describe 

the proposed project’s physical location 

(as applicable), and include any 

drawings, plans, or schematics that have 

been prepared relating to the proposed 

project. 

If the funding from the Program is 

only going to be a portion of the overall 

funding for the project, describe the 

complete project and specify which 

portion will involve Federal funding. In 

addition, FRA strongly encourages 

applicants to preliminarily determine 

the feasibility of the project, as well as 

to estimate complete project costs before 

submitting an application. Applications 

should include these feasibility 

determinations and cost estimates, if 

completed. FRA will consider favorably 

applications that include these types of 

studies as they demonstrate that an 

applicant has a definite understanding 

of the scope and cost of the project. 

In submitting applications, applicants 

should be mindful that the Program as 

created by Congress and as further 

described in the Final Rule is focused 

on constructing projects (see 49 CFR 

262.3 and 262.7). If FRA approves a 

project for funding, allowable costs (i.e., 

costs that can qualify for reimbursement 

from Federal funds or as part of the 

required non-Federal match) will have 

to directly support project construction. 

Section 262.3 identifies the types of 

activities that are associated with 

‘‘construction’’ and thus potentially 

allowable. In terms of project 

development, FRA will consider as 

potentially allowable costs associated 

with the preparation of architectural 

and engineering plans, project cost 

estimates, and related project-specific 

construction-related costs (including 

costs associated with securing 

environmental clearance as described in 

§ 262.15 of the Final Rule). FRA will not 

consider costs associated with planning 

studies and similar analyses as 

allowable. For approved projects, 

construction related expenditures may 

qualify as allowable even if they are 

incurred in advance of the execution of 

the grant agreement between the 

applicant and FRA so long as such costs 

are incurred after the date of the 

application (except for pre-application 

costs associated with compliance with 

environmental and historic preservation 

statutes and regulations, see 49 CFR 

262.15) and otherwise satisfy eligibility 

standards; an applicant will bear all risk 

for such costs in the event no award is 

made. 

5. Present a detailed budget for the 

proposed project. At a minimum, the 

budget should separate total cost of the 

project into the following categories, if 

applicable: (1) Administrative and legal 

expenses; (2) Land, structures, rights-ofway, and appraisals; (3) Relocation 

expenses and payments; (4) 

Architectural and engineering fees; (5) 

Project inspection fees; (6) Site work; (7) 

Demolition and removal; (8) 

Construction labor, supervision, and 

management; (9) Materials, by type (e.g., 

ties, rail, signals, switches); (10) 

Miscellaneous; and (11) Contingencies. 

6. Describe the source and amount of 

matching funds, including any in-kind 

contributions. 

7. Describe proposed project 

implementation and project 

management arrangements. Include 

descriptions of expected arrangements 

for project contracting, contract 

oversight, change-order management, 

risk management, and conformance to 

Federal requirements for project 

progress reporting. 

8. Describe the anticipated public and 

private benefits associated with the 

proposed project and the applicant’s 

assessment of how those benefits 

outweigh the costs of the proposed 

project (see 49 CFR 262.11(b)). Identify 

any financial contributions or 

commitments the applicant has secured 

from private entities that are expected to 

benefit from the project. 

Although FRA will weigh all of the 

selection criteria, potential applicants 

should be aware that FRA is seeking the 

maximum public benefit from these 

limited funds and that, in directing FRA 

to establish the Program, Congress 

instructed FRA to consider the 

feasibility of seeking financial 

contributions or commitments from 

private entities involved with the 

project in proportion to the expected 

benefits that would accrue to those 

entities. As FRA explained in the 

preamble to the Final Rule, however, 

FRA will apply all the selection criteria 

and will not disfavor one application 

over another because of the amount 

requested. 

9. Describe anticipated environmental 

or historic preservation impacts 

associated with the proposed project, 

any environmental or historic 

preservation analyses that have been 

prepared, and progress toward 

completing any environmental 

documentation or clearance required for 

the proposed project under the National 

Environmental Policy Act (NEPA), the 

National Historic Preservation Act 

(NHPA), section 4(f) of the DOT Act, the 

Clean Water Act, or other applicable 

Federal or State laws. Refer to 49 CFR 

262.15 for further guidance. Applicants 

are advised to consult with the FRA’s 

Office of Railroad Development before 

initiating any NEPA, NHPA or Section 

4(f) environmental or historic 

preservation reviews. Contact 

information is included under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

Format: Excluding spreadsheets, 

drawings, and tables, the narrative 

statement for grant applications may not 

exceed thirty pages in length. With the 

exclusion of oversized engineering 

drawings (which may be submitted in 

hard copy to the FRA at the address 

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 August 29, 

2008. 

Mark E. Yachmetz, 

Associate Administrator for Railroad 

Development. 

[FR Doc. E8–20669 Filed 9–4–08; 8:45 am] 

BILLING CODE 4910–06–P 

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