[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]
[Page 51880-51882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se08-104]
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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.
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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 Sec. 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
[[Page 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 non-Federal 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 at-grade. 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 Sec. Sec. 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 Sec. 262.15.
Selection Criteria: FRA will consider the following selection
factors in evaluating applications for grants under this program (see
49 CFR Sec. 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
cost-effectiveness 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.
[[Page 51882]]
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 e-mail 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 Sec. 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-of-way, 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