[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57793-57802]
[FR Doc No: 2018-25044]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Federal-State Partnership
for State of Good Repair Program

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

ACTION: Notice of Funding Opportunity (NOFO or notice).

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SUMMARY: This notice details the application requirements and
procedures to obtain grant \1\ funding for eligible projects under the
Federal-State Partnership for State of Good Repair Program (Partnership
Program) made available by the Consolidated Appropriations Act, 2017,
Public Law 115-31, Div. K, Tit. I (2017 Appropriations Act) and the
Consolidated Appropriations Act, 2018, Div. L, Tit. I, Public Law 115-
141 (2018 Appropriations Act; collectively the Appropriations Acts).
The opportunity described in this notice is made available under
Catalog of Federal Domestic Assistance (CFDA) number 20.326, ``Federal-
State Partnership for State of Good Repair.''
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    \1\ The term ``grant'' is used throughout this document and is
intended to reference funding awarded through a grant agreement, as
well as funding awarded to recipients through a cooperative
agreement.

DATES: Applications for funding under this solicitation are due no
later than 5 p.m. EDT, March 18, 2019. Applications for funding or
supplemental material in support of an application received after 5
p.m. EDT, on March 18, 2019 will not be considered for funding.
Incomplete applications for funding will not be considered for funding.
See Section D of this notice for additional information on the
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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 Amy Houser, Office of Program Delivery, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Room W36-412, 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 regarding
project-related information in this notice, please contact Bryan Rodda,
Office of Policy and Planning, Federal Railroad Administration, 1200
New Jersey Avenue SE, Room W38-203, Washington, DC 20590; email:
[email protected]; phone:<PHONE_NUMBER>. Grant application submission
and processing questions should be addressed to Amy Houser, Office of
Program Delivery, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Room W36-412, Washington, DC 20590; email:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Notice to applicants: FRA recommends that applicants read this
notice in its entirety prior to preparing application materials. A list
providing the definitions of key terms used throughout the NOFO are
listed under

the Program Description in Section A(2). These key terms are
capitalized throughout the NOFO. There are several administrative and
eligibility requirements described herein that applicants must comply
with to submit an application. 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

A. Program Description

1. Overview

    The purpose of this notice is to solicit applications for grants
for capital projects within the United States to repair, replace, or
rehabilitate Qualified Railroad Assets to reduce the state of good
repair backlog and improve Intercity Passenger Rail performance under
the Partnership Program. The Partnership Program provides a Federal
funding opportunity to leverage private, state, and local investments
to significantly improve American rail infrastructure. The Partnership
Program is authorized in Sections 11103 and 11302 of the Passenger Rail
Reform and Investment Act of 2015 (Title XI of the Fixing America's
Surface Transportation (FAST) Act, Public Law 114-94 (2015)) and is
funded by the Appropriations Acts.
    The Department recognizes the importance of applying life cycle
asset management principles throughout America's infrastructure. It is
important for rail infrastructure owners and operators, as well as
those who may apply on their behalf, to plan for the maintenance and
replacement of assets and the associated costs. In light of recent
fatal passenger rail accidents, the Department particularly recognizes
the opportunity to enhance safety in both track and equipment through
this grant program.
    The Partnership Program is intended to benefit both the Northeast
Corridor (``NEC'') and the large number of publicly-owned or Amtrak-
owned infrastructure, equipment, and facilities located in other areas
of the country, including strengthening transportation options for
rural American communities. Applicants should note that different
requirements apply to NEC and non-NEC Partnership projects, with
certain eligibility requirements applying only to proposed projects
located on the Northeast Corridor, as defined in Section A(2)(f) in
this notice. These NEC-specific requirements are described in Section
C(3)(b). Further, the Partnership Program has different planning and
cost-sharing requirements for Qualified Railroad Assets between
proposed NEC and non-NEC projects. These differences are described in
detail in Section D(2)(a)(v-vi).

2. Definitions of Key Terms

    a. ``Benefit-Cost Analysis'' (or ``Cost-Benefit Analysis'') is a
systematic, data driven, and transparent analysis comparing monetized
project benefits and costs, using a no-build baseline and properly
discounted present values, including concise documentation of the
assumptions and methodology used to produce the analysis, a description
of the baseline, data sources used to project outcomes, and values of
key input parameters, basis of modeling including spreadsheets,
technical memos, etc., and presentation of the calculations in
sufficient detail and transparency to allow the analysis to be
reproduced and sensitivity of results evaluated by FRA. Please refer to
the Benefit-Cost Analysis (BCA) Guidance for Discretionary Grant
Programs prior to preparing a BCA at https://www.transportation.gov/office-policy/transportation-policy/benefit-cost-analysis-guidance. In
addition, please also refer to the BCA FAQs on FRA's website for some
rail-specific examples of how to apply the BCA Guidance for
Discretionary Grant Programs to Partnership applications.
    b. ``Capital Project'' is defined to mean a project primarily
intended to replace, rehabilitate, or repair major infrastructure
assets utilized for providing Intercity Passenger Rail service,
including tunnels, bridges, and stations; or a project primarily
intended to improve Intercity Passenger Rail performance, including
reduced trip times, increased train frequencies, and higher operating
speeds consistent with 49 U.S.C. 24911(a)(2).
    c. ``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. See 49 U.S.C. 24102(3).
    d. ``Intercity Rail Passenger Transportation'' is defined by 49
U.S.C. 24102(4) to mean rail passenger transportation, except Commuter
Rail Passenger Transportation. In this notice, ``Intercity Passenger
Rail'' is an equivalent term to ``Intercity Rail Passenger
Transportation.''
    e. ``Major Capital Project'' means a Capital Project with a
proposed total project cost of $300 million or more.
    f. ``Northeast Corridor'' (``NEC'') means the main rail line
between Boston, Massachusetts, and the District of Columbia; the branch
rail lines connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York; and facilities and
services used to operate and maintain these lines.
    g. A ``Qualified Railroad Asset'' is defined by 49 U.S.C.
24911(a)(5) to mean infrastructure, equipment, or a facility that:
    i. Is owned or controlled by an eligible Partnership Program
applicant;
    ii. is contained in the Northeast Corridor Capital Investment Plan
prepared under 49 U.S.C. 24904, or an equivalent planning document; and
for which the Northeast Corridor Commuter and Intercity Rail Cost
Allocation Policy developed under 49 U.S.C. 24905, or a similar cost-
allocation policy has been developed;
    iii. was not in a State of Good Repair on December 4, 2015 (the
date of enactment of the FAST Act).
    See Section D(2)(a), Project Narrative, for further details about
the Qualified Railroad Asset requirements and application submission
instructions related to Qualified Railroad Assets.
    h. ``State of Good Repair'' is defined by 49 U.S.C. 24102(12) to
mean a condition in which physical assets, both individually and as a
system, are performing at a level at least equal to that called for in
their as-built or as-modified design specification during any period
when the life cycle cost of maintaining the assets is lower than the
cost of replacing them; and sustained through regular maintenance and
replacement programs.

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is
$272,250,000 after $2,750,000 is set aside for FRA award and project
management oversight as provided in the Appropriations Acts.

2. Award Size

    While there are no predetermined minimum or maximum dollar
thresholds for awards, FRA anticipates making multiple awards with the
available funding. FRA encourages applicants to propose projects or
components of projects that can be completed and implemented with the
level of funding available. Projects may

require more funding than is available. In these cases, applicants must
identify and apply for specific project components that have
operational independence and can be completed with the level of funding
available. (See Section C(3)(c) for more information.)
    Applicants proposing a Major Capital Project are encouraged to
identify and describe phases or elements that could be candidates for
subsequent Partnership Program funding, if such funding becomes
available. Applications for a Major Capital Project that would seek
future funds beyond fiscal year 2017 and 2018 funding made available in
this notice should indicate anticipated annual Federal funding requests
from this program for the expected duration of the project. FRA may
issue Letters of Intent to Partnership Program grantees proposing Major
Capital Projects under 49 U.S.C. 24911(g); such Letters of Intent would
serve to announce the FRA's intention to obligate an amount from future
available budget authority toward a grantee's future project phases or
elements. A Letter of Intent is not an obligation of the Federal
government and is subject to the availability of appropriations for
Partnership Program grants and subject to Federal laws in force or
enacted after the date of the Letter of Intent.

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 under 2 CFR
200.24. The funding provided under these cooperative agreements 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 must expend matching funds at the
required percentage alongside Federal funds throughout the life of the
project.

4. Concurrent Applications

    As 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 Partnership Program funding, applicants must indicate the other
programs to which they submitted or plan to submit an application for
funding the entire project or certain project components, as well as
highlight new or revised information in the Partnership Program
application that differs from the application(s) submitted for other
financial assistance programs.

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 will be 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 project
types permitted under this notice:
    (1) A State (including the District of Columbia);
    (2) a group of States;
    (3) an Interstate Compact;
    (4) a public agency or publicly chartered authority established by
one or more States; \2\
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    \2\ See Section D(2)(a)(iv) for supporting documentation
required to demonstrate eligibility under this eligibility category.
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    (5) a political subdivision of a State;
    (6) Amtrak, acting on its own behalf or under a cooperative
agreement with one or more States; or
    (7) any combination of the entities described in (1) through (6).
    Selection preference will be provided for applications jointly
submitted by multiple eligible applicants, as further discussed in
Section E(1)(c). Joint applicants must identify an eligible applicant
as the lead applicant. The lead applicant serves as the primary point
of contact for the application, and if selected, as the recipient of
the Partnership Program grant award. Eligible applicants may reference
entities that are not eligible applicants (e.g., private sector firms)
in an application as a project partner. However, FRA will provide
selection preference to joint applications submitted by multiple
eligible applicants only.

2. Cost Sharing or Matching

    The Federal share of total costs for a project funded under the
Partnership Program shall not exceed 80 percent, though FRA will
provide selection preference to applications where the proposed Federal
share of total project costs does not exceed 50 percent. The estimated
total cost of a project must be based on the best available
information, including engineering studies, studies of economic
feasibility, environmental analyses, and information on the expected
use of equipment and facilities. The minimum 20 percent non-Federal
share may be comprised of public sector (e.g., state or local) or
private sector funding. However, FRA will not consider any other
Federal grants, nor any non-Federal funds already expended (or
otherwise encumbered), that do not comply with 2 CFR 200.458 toward the
matching requirement.
    FRA is limiting the first 20 percent of the non-Federal match to
cash contributions only. FRA will not accept ``in-kind'' contributions
for the first 20 percent in matching funds. Eligible in-kind
contributions may be accepted for any non-Federal matching beyond the
first 20 percent. 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.
    FRA strongly encourages applicants to identify and include other
state, local, public agency or authority, or private funding or
financing to support the proposed project. Non-federal shares
consisting of funding from multiple sources to demonstrate broad
participation and cost sharing from affected stakeholders, will be
given preference. If Amtrak is an applicant, whether acting on its own
behalf or as part of a joint application, Amtrak's ticket and other
non-Federal revenues generated from its business operations and other
sources may be used as matching funds. Applicants must identify the
source(s) of their matching and other funds, and must clearly and
distinctly reflect these funds as part of the total project cost in the
application budget.
    FRA may not be able to award grants to all eligible applications,
nor even to all applications that meet or exceed the stated evaluation
criteria (see Section E, Application Review Information). Before
submitting an application, applicants should carefully review the
principles for cost sharing or matching in 2 CFR 200.306. FRA will
approve pre-award costs consistent with 2 CFR 200.458. See Section
D(6). Additionally, in preparing estimates of total project costs,
applicants should refer to FRA's cost estimate guidance, ``Capital Cost
Estimating: Guidance for Project

Sponsors,'' which is available at: https://www.fra.dot.gov/Page/P0926.

3. Other

a. Project Eligibility
    Eligible projects within the United States repair, replace, or
rehabilitate Qualified Railroad Assets and improve Intercity Passenger
Rail performance. Eligible Capital Projects include those that:
    (1) Replace existing assets in-kind;
    (2) Replace existing assets with assets that increase capacity or
provide a higher level of service;
    (3) Ensure that service can be maintained while existing assets are
brought to a State of Good Repair; and
    (4) Bring existing assets into a State of Good Repair.
    Qualified Railroad Assets, as further defined in Section A(2), are
owned or controlled by an eligible applicant and may include:
infrastructure, including track, ballast, switches and interlockings,
bridges, communication and signal systems, power systems, highway-rail
grade crossings, and other railroad infrastructure and support systems
used in intercity passenger rail service; stations, including station
buildings, support systems, signage, and track and platform areas;
equipment, including passenger cars, locomotives, and maintenance-of-
way equipment; and facilities, including yards and terminal areas and
maintenance shops.
    Capital Projects, as further defined in Section A(2), may include
final design; however, final design costs will only be eligible in
conjunction with an award for project construction. Environmental and
related clearances, including all work necessary for FRA to approve the
project under the National Environmental Policy Act (NEPA) and related
statutes and regulations are not eligible for funding under this
notice. (See Section D(2)(a)(ix) for additional information.) Eligible
projects with completed environmental and engineering documents, and,
for projects located on the NEC, where Amtrak and the public
authorities providing Commuter Rail Passenger Transportation on the NEC
are in compliance with the cost allocation policy required at 49 U.S.C.
24905(c)(2), indicate strong project readiness. This allows FRA to
maximize the funds available in this notice (see Section E(1)(c) for
more information on Selection Criteria).
b. Additional Eligibility Requirements for Northeast Corridor (NEC)
Projects
    This sub-section provides additional eligibility requirements for
projects where the proposed project location includes a portion of the
NEC (NEC Projects). Applicants proposing non-NEC projects are not
subject to the requirements in this sub-section, and may proceed to the
next sub-section C(3)(c).
    In the Partnership Program, the NEC is defined as the main rail
line between Boston, Massachusetts and the District of Columbia, and
the branch rail lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York.
    Passenger railroad owners and operators on the NEC are subject to a
cost allocation policy under 49 U.S.C. 24905(c)(2), and, via the NEC
Commission, are required to annually adopt a five-year Northeast
Corridor Capital Investment Plan for the NEC under 49 U.S.C. 24904(a).
When selecting projects on the NEC, FRA will consider the appropriate
sequence and phasing of projects as contained in the currently approved
Northeast Corridor Capital Investment Plan.
    NEC applicants must provide the status of compliance by Amtrak and
the public authorities providing Commuter Rail Passenger Transportation
at the eligible project location with the cost allocation policy
required at 49 U.S.C. 24905(c)(2). FRA may not obligate a grant for a
NEC Project unless each of the above service providers at the eligible
project location are in compliance with that cost allocation policy.
Such providers must maintain compliance with the cost allocation policy
for the duration of the project.
c. Project Component Operational Independence
    If an applicant requests funding for a project that is a component
or set of components of a larger project, the project component(s) must
be attainable with the award amount and comply with all eligibility
requirements described in Section C.
    In addition, the component(s) must be capable of independent
analysis and decision making, as determined by FRA, under NEPA (i.e.,
have independent utility, connect logical termini, and not restrict the
consideration of alternatives for other reasonably foreseeable rail
projects.) Components must also generate independent utility and will
be evaluated as such in the BCA.

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 page limit.

1. Address To Request Application Package

    Applicants must submit all application materials in their entirety
through www.Grants.gov no later than 5:00 p.m. EDT, on March 18, 2019.
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.
    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 Amy Houser,
Office of Program Delivery, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Room W36-412, 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.

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. Additionally,
applicants selected to receive funding must generally satisfy the grant
readiness checklist requirements on https://www.fra.dot.gov/Page/P0268
as a precondition to FRA issuing a grant award, as well as the
requirements in 49 U.S.C. 24405 explained in part at https://www.fra.dot.gov/page/P0185.
    Required documents for an application package are outlined in the
checklist below.
     Project Narrative (see D.2.a).
     Statement of Work (see D.2.b.i).
     Benefit-Cost Analysis (see D.2.b.ii).
     Environmental Compliance Documentation (see D.2.b.iii).
     SF424--Application for Federal Assistance.
     SF 424C--Budget Information for Construction, or, for an
equipment

procurement project without any construction costs, or SF 424A--Budget
Information for Non-Construction.
     SF 424D--Assurances for Construction, or, for an equipment
procurement project without any construction costs, or SF 424B--
Assurances for Non-Construction.
     FRA's Additional Assurances and Certifications.
     SF LLL--Disclosure of Lobbying Activities.
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.

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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 Criteria.....  See D.2.a.iv.
V. Non-NEC Project Eligibility Criteria  See D.2.a.v.
VI. NEC Project Eligibility Criteria...  See D.2.a.vi.
VII. Detailed Project Description......  See D.2.a.vii.
VIII. Project Location.................  See D.2.a.viii.
IX. Grade Crossing Information, if       See D.2.a.ix.
 applicable.
X. Evaluation and Selection Criteria...  See D.2.a.x.
XI. Project Implementation and           See D.2.a.xi.
 Management.
XII. Environmental Readiness...........  See D.2.a.xii.
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    These requirements must be satisfied through 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). FRA will not review or consider for award
applications with Project Narratives exceeding the 25-page limitation.
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; location
(e.g., city, State, Congressional district); lead applicant
organization name; name of any co-applicants; amount of Federal funding
requested; and proposed non-Federal match.
    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 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. 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 in-
kind contributions, as well as substantiate how the in-kind
contributions meet the requirements in 2 CFR 200.306. For a Major
Capital Project that would seek future funds beyond fiscal years 2017
and 2018 funding made available in this notice, provide the anticipated
annual Federal funding requests from this grant program for the
expected duration of the project. 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 Partnership Program
application that differs from the application(s) to other financial
assistance programs.
    iv. Applicant Eligibility Criteria: Explain how the applicant meets
the applicant eligibility criteria outlined in Section C of this
notice, including references to creation or enabling legislation for
public agencies and publicly chartered authorities established by one
or more States. Joint applications must include a description of the
roles and responsibilities of each applicant, including budget and sub-
recipient information showing how the applicants will share project
costs, and must be signed by an authorized representative of each.
    v. Non-NEC Project Eligibility Criteria: This sub-section provides
project eligibility requirements for projects not on the NEC.
(Applicants proposing NEC Projects may proceed to the next sub-section
D(2)(a)(vi).) For non-NEC projects, explain how the project meets the
project eligibility criteria in Section C of this notice. Describe how
the project is a Qualified Railroad Asset under 49 U.S.C. 24911(a)(5),
as follows:
    (A) To demonstrate ownership or control by the applicant under 49
U.S.C. 24911(a)(5)(A), show either:
    (1) The applicant owns or will, at project completion, have
ownership of the infrastructure, equipment, or facility improved by the
project; or
    (2) The applicant controls or will, at project completion, have
control over the infrastructure, equipment, or facility improved by the
project by agreement with the owner(s). An agreement should specify the
extent of the applicant's management and decision-making authority
regarding the infrastructure, equipment, or facility improved by the
project. Agreements involving railroad rights-of-way projects should
also demonstrate the applicant has dispatching rights for the right-of-
way and maintenance-of-way responsibilities.
    (B) To demonstrate the planning requirement under 49 U.S.C.
24911(a)(5)(B), show that the project is included in the applicant's
current State Rail Plan(s) and, as applicable, in the current
Transportation Improvement Programs (TIP) or Statewide Transportation
Improvement Programs (STIP) plan.
    (C) To demonstrate the cost-sharing requirement under 49 U.S.C.
24911(a)(5)(B), the applicant must:
    (1) Be an operator or contributing funding partner of Intercity
Rail Passenger transportation who is subject to the Cost Methodology
Policy adopted under Section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (PRIIA), Public Law 110-432, Oct. 16, 2008; or
    (2) demonstrate the applicant(s) involvement in a similar cost-
sharing agreement for the project as described in (1).
    (D) To demonstrate the state of good repair requirement under 49
U.S.C. 24911(a)(5)(B):
    (1) Describe the condition and performance of the infrastructure,
equipment, or facility as of the time of enactment of the FAST Act
(Dec. 4, 2015);
    (2) indicate how the infrastructure, equipment, or facility's
condition or performance falls short of the definition of ``state of
good repair'' in Section A(2) (49 U.S.C. 24102(12) parts (A) and/or
(B)); and
    (3) indicate, if known, when the infrastructure, equipment, or
facility last received comprehensive repair, replacement, or
rehabilitation work similar to the applicant's proposed scope of work.
    vi. NEC Project Eligibility Criteria: This sub-section provides
project eligibility requirements for NEC

Projects. (Applicants proposing non-NEC projects may proceed to the
next sub-section D(2)(a)(vii).) For NEC applicants, explain how the NEC
Project meets the project eligibility criteria in Section C(3)(b) of
this notice including the requirements in 49 U.S.C. 24911(e). Describe
how the NEC Project is a Qualified Railroad Asset under 49 U.S.C.
24911(a)(5), as follows:
    (A) To demonstrate ownership or control by the applicant under 49
U.S.C. 24911(a)(5)(A), show either:
    (1) The applicant owns or will, at project completion, have
ownership of the infrastructure, equipment, or facility improved by the
project; or
    (2) The applicant controls or will, at project completion, have
control over the infrastructure, equipment, or facility improved by the
project by agreement with the owner(s). An agreement should specify the
extent of the applicant's management and decision-making authority
regarding the infrastructure, equipment, or facility improved by the
project. Agreements involving railroad rights-of-way projects should
also demonstrate the applicant has dispatching rights for the right-of-
way and maintenance-of-way responsibilities.
    (B) To demonstrate the planning requirement under 49 U.S.C.
24911(a)(5)(B), the NEC applicant must show that the infrastructure,
equipment, or facility is included in the current approved Five-Year
Capital Investment Plan prepared by the NEC Commission under 49 U.S.C.
24904(a).
    (C) To demonstrate the cost-sharing requirement under 49 U.S.C.
24911(a)(5)(B), the infrastructure, equipment, or facility must be
subject to the NEC Cost Allocation Policy developed under 49 U.S.C.
24905(c)(2).
    (D) To demonstrate the state of good repair requirement under 49
U.S.C. 24911(a)(5)(C), the NEC applicant must:
    (1) Describe the condition and performance of the infrastructure,
equipment, or facility as of the time of enactment of the FAST Act
(Dec. 4, 2015);
    (2) indicate how the infrastructure, equipment, or facility's
condition or performance falls short of the definition of ``state of
good repair'' in Section A(2) (49 U.S.C. 24102(12) parts (A) and/or
(B)); and
    (3) indicate, if known, when the infrastructure, equipment, or
facility last received comprehensive repair, replacement, or
rehabilitation work similar to the applicant's proposed scope of work.
    vii. Detailed Project Description: Include a detailed project
description that expands upon the brief summary required above. This
detailed description must provide, at a minimum: Additional background
on the challenges the project aims to address; 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. Applicants with Major Capital Projects are encouraged to
identify and describe project phases or elements that would be
candidates for subsequent Partnership Program funding if such funding
becomes available. Include information to demonstrate the project is
reasonably expected to begin construction in a timely manner. 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.
    viii. Project Location: Include geospatial data for the project, as
well as a map of the project's location. Include the Congressional
districts in which the project will take place.
    ix. Grade Crossing Information, if applicable: For any project that
includes grade crossing components, 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.
    x. 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.
    xi. Project Implementation and Management: Describe proposed
project implementation and project management arrangements. Include
descriptions of the expected arrangements for project contracting,
contract oversight, change-order management, risk management, and
conformance to Federal requirements for project progress reporting.
Describe past experience in managing and overseeing similar projects.
For Major Capital Projects, explain plans for a rigorous project
management and oversight approach.
    xii. Environmental Readiness: If the NEPA process is complete,
indicate the date of completion, and provide a website link or other
reference to the final Categorical Exclusion, Finding of No Significant
Impact, Record of Decision, and any other NEPA documents prepared. If
the NEPA process is not complete, the application should detail the
type of NEPA review underway, if applicable, where the project is in
the process, and indicate the anticipated date of completion of all
milestones and of the final NEPA determination. 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/eLib/Details/L05286.
b. Additional Application Elements
    Applicants must submit:
    i. A Statement of Work (SOW) addressing the scope, schedule, and
budget for the proposed project if it were selected for award. For
Major Capital Projects, the SOW must include annual budget estimates
and anticipated Federal funding for the expected duration of the
project. 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 use FRA's standard SOW template to be considered for
award. The SOW template is located at https://www.fra.dot.gov/eLib/Details/L18661. 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. A Benefit-Cost Analysis consistent with 49 U.S.C.
24911(d)(2)(A) that demonstrates the merit of investing in the proposed
project. The analysis should be systematic, data driven, and examine
the trade-offs between reasonably expected project costs and benefits.
Please refer to the Benefit-Cost Analysis Guidance for Discretionary
Grant Programs prior to preparing a BCA at https://
www.transportation.gov/office-policy/transportation-policy/

benefit-cost-analysis-guidance. In addition, please also refer to the
BCA FAQs on FRA's website (https://www.fra.dot.gov/grants) for some
rail-specific examples of how to apply the Benefit-Cost Analysis
Guidance for Discretionary Grant Programs to Partnership applications.
The complexity and level of detail in the Benefit-Cost Analysis
prepared for the Partnership Program should reflect the scope and scale
of the proposed project.
    iii. Environmental compliance documentation, if a website link is
not cited in the Project Narrative.
    iv. SF 424--Application for Federal Assistance.
    v. SF 424C--Budget Information for Construction, or, for an
equipment procurement project without any other construction elements,
the SF 424A--Budget Information for Non-Construction.
    vi. SF 424D--Assurances for Construction, or, for an equipment
procurement project without any other construction elements, the SF
424B--Assurances for Non-Construction.
    vii. FRA's Additional Assurances and Certifications.
    viii. An SF LLL--Disclosure of Lobbying Activities.
    Forms needed for the electronic application process are at
www.Grants.gov.
c. Post-Selection Requirements
    See subsection F(2) of this notice for post-selection requirements.

3. Unique Entity Identifier, System for Award Management (SAM), and
Submission Instructions

    To apply for funding through Grants.gov, applicants must be
properly registered. 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 discretionary grant award to an applicant until
the applicant has complied with all applicable Data Universal Numbering
System (DUNS) and SAM requirements. (Please note that if a Dun &
Bradstreet DUNS number must be obtained or renewed, this may take a
significant amount of time to complete.) 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 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. Obtain a DUNS Number
    A DUNS number is required for Grants.gov registration. The Office
of Management and Budget requires that all businesses and nonprofit
applicants for Federal funds include a DUNS number in their
applications for a new award or renewal of an existing award. A DUNS
number is a unique nine-digit sequence recognized as the universal
standard for the government in identifying and keeping track of
entities receiving Federal funds. The identifier is used for tracking
purposes and to validate address and point of contact information for
Federal assistance applicants, recipients, and sub-recipients. The DUNS
number will be used throughout the grant life cycle. Obtaining a DUNS
number is a free, one-time activity. Applicants may obtain a DUNS
number by calling 1-866-705-5711 or by applying online at http://www.dnb.com/us.
b. Register With the SAM
    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 sub recipients.
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. Information about SAM registration procedures is
available at 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 DUNS number 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 (E-Biz 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 experiences difficulties 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

    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.

4. Submission Dates and Times

    Applicants must submit complete applications to www.Grants.gov no
later than 5:00 p.m. EDT, March 18, 2019. FRA reviews www.Grants.gov
information on dates/times of applications submitted to determine
timeliness of submissions. Delayed registration is not an acceptable
reason for late submission. In order 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

    Executive Order 12372 requires applicants from State and local
units of government or other organizations providing services within a
State to submit a copy of the application to the State Single Point of
Contact (SPOC), if one exists, and if this program has been selected
for review by the State. Applicants must contact their State SPOC to
determine if the program has been selected for State review.

6. Funding Restrictions

    FRA will not fund any preliminary engineering, environmental work,
or related clearances under this NOFO. FRA will only consider funding a
project's final design activities if the applicant is also seeking
funding for construction activities. FRA will only approve pre-award
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 consistent with 2
CFR 200.458. 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 not be
eligible for reimbursement or included as a grantee's matching
contribution.
    FRA is prohibited under 49 U.S.C. 24405(f) \3\ from providing
Partnership Program grants for Commuter Rail Passenger Transportation.
FRA's interpretation of this provision is informed by the language in
49 U.S.C. 24911, and specifically the definitions of capital project in
Sec.  24911(2)(a) and (b). FRA's primary intent in funding Partnership
Program projects is to make reasonable investments in Capital Projects
used in Intercity Rail Passenger Transportation. Such projects may be
located on shared corridors where Commuter Rail Passenger
Transportation also benefits from the project.
---------------------------------------------------------------------------

    \3\ Under 49 U.S.C. 24911(i), Partnership grants are subject to
the conditions in 49 U.S.C. 24405.
---------------------------------------------------------------------------

E. Application Review Information

1. Criteria

a. Eligibility and Completeness 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 match in determining whether the application is
eligible.
    FRA will then consider the applicant's past performance in
developing and delivering similar projects, and previous financial
contributions.
b. Evaluation Criteria
    FRA subject-matter experts will evaluate all eligible and complete
applications using the evaluation criteria outlined in this section to
determine technical merit and project benefits.
    i. Technical Merit: FRA will evaluate application information for
the degree to which--
    (A) The tasks and subtasks outlined in the SOW are appropriate to
achieve the expected outcomes of the proposed project.
    (B) The technical qualifications and demonstrated experience of key
personnel proposed to lead and perform the technical efforts, and the
qualifications of the primary and supporting organizations to fully and
successfully execute the proposed project within the proposed timeframe
and budget.
    (C) The proposed project's business plan considers potential
private sector participation in the financing, construction, or
operation of the proposed project.
    (D) The applicant has, or will have the legal, financial, and
technical capacity to carry out the project; satisfactory continuing
control over the use of the equipment or facilities; and the capability
and willingness to maintain the equipment or facilities.
    (E) Eligible Projects have completed necessary pre-construction
activities and indicate strong project readiness.
    (F) For NEC Projects, the sequence and phasing of the proposed
project is consistent with the Five-Year Capital Investment Plan
prepared by the NEC Commission under 49 U.S.C. 24904(a).
    (G) The project is consistent with planning guidance and documents
set forth by the Secretary of Transportation or required by law.
    ii. Project Benefits: FRA will evaluate the benefit-cost analysis
of the proposed project for the anticipated private and public benefits
relative to the costs of the proposed project including--
    (A) Effects on system and service performance;
    (B) Effects on safety, competitiveness, reliability, trip or
transit time, and resilience;
    (C) Efficiencies from improved integration with other modes; and
    (D) Ability to meet existing or anticipated demand.
c. Selection Criteria
    In addition to the eligibility and completeness review and the
evaluation criteria outlined in this subsection, the FRA Administrator
will apply the following selection criteria.
    i. FRA will give preference to projects for which:
    (A) Amtrak is not the sole applicant;
    (B) Applications were submitted jointly by multiple applicants;
    (C) Proposed Federal share of total project costs does not exceed
50 percent;
    ii. After applying the above preferences, the FRA Administrator
will take in account the following key Departmental priorities:
    (A) Supporting economic vitality at the national and regional
level;
    (B) Leveraging Federal funding to attract other, non-Federal
sources of infrastructure investment;
    (C) Preparing for future operations and maintenance costs
associated with their project's life-cycle, as demonstrated by a
credible plan to maintain assets without having to rely on future
Federal funding;
    (D) Using innovative approaches to improve safety and expedite
project delivery; and
    (E) Holding grant recipients accountable for their performance and
achieving specific, measurable outcomes identified by grant applicants.
    (F) Proposed non-Federal share is comprised of more than one
source, including private sources, demonstrating broad participation by
affected stakeholders; and
    (G) Applications indicate strong project readiness.

2. Review and Selection Process

    FRA will conduct a three-part application review process, as
follows:
    a. Screen applications for completeness and eligibility;
    b. Evaluate eligible applications (completed by technical panels
applying the evaluation criteria); and
    c. Select projects for funding (completed by the FRA Administrator
applying the selection criteria).

F. Federal Award Administration Information

1. Federal Award Notice

    Applications selected for funding will be announced in a press
release and on FRA's website after the application review period. 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. A formal grant agreement or cooperative agreement signed by
both the grantee and the FRA, including an approved scope, schedule,
and budget, is required before the award is considered complete. See an
example of standard terms and conditions for FRA grant awards at
https://www.fra.dot.gov/Elib/Document/14426.

2. Administrative and National Policy Requirements

    Due to funding limitations, projects that are selected for funding
may receive less than the amount originally requested. In those cases,
applicants must be able to demonstrate the proposed projects are still
viable and can be completed with the amount awarded.
    Grantees and entities receiving funding from the grantee must
comply with all applicable laws and regulations. A non-exclusive list
of administrative and national policy requirements that grantees must
follow includes: 2 CFR part 200; procurement standards; compliance with
Federal civil rights laws and regulations; disadvantaged business
enterprises; debarment and suspension; drug-free workplace; FRA's and
OMB's Assurances and Certifications; Americans with Disabilities Act;
safety oversight; NEPA; environmental justice; and the requirements in
49 U.S.C. 24405 including the Buy America requirements and the
provision deeming operators rail carriers and employers for certain
purposes.

3. Reporting

a. 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 OMB
M-18-18, Implementing Statutory Changes to the Micro-Purchase and the
Simplified Acquisition Thresholds for Financial Assistance, 2 CFR
200.88), 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 the designated integrity and performance system,
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.
b. 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.
    The applicant must comply with all relevant requirements of 2 CFR
part 200.
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. Examples of some rail performance measures are listed
in the table below. The applicable measure(s) will depend upon the type
of project. Applicants requesting funding for rolling stock must
integrate at least one equipment/rolling stock performance measure,
consistent with the grantee's application materials and program goals.

                                                                   Performance Measure
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Primary strategic   Secondary strategic
          Rail measures              Unit measured           Temporal               goal                 goal                     Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Slow Order Miles................  Miles..............  Annual.............  State of Good        Safety.............  The number of miles per year
                                                                             Repair.                                   within the project area that have
                                                                                temporary speed restrictions
                                                                                (``slow orders'') imposed due to
                                                                                track condition. This is an
                                                                                indicator of the overall
                                                                                condition of track. This measure
                                                                                can be used for projects to
                                                                                rehabilitate sections of a rail
                                                                                line since the rehabilitation
                                                                                should eliminate, or at least
                                                                                reduce the slow orders upon
                                                                                project completion.
Rail Track Grade Separation.....  Count..............  Annual.............  Economic             Safety.............  The number of annual automobile
                                                                             Competitiveness.                          crossings that are eliminated at
                                                                                an at-grade crossing as a result
                                                                                of a new grade separation.
Passenger Counts................  Count..............  Annual.............  Economic             State of Good        Count of the annual passenger
                                                                             Competitiveness.     Repair.              boardings and alightings at
                                                                                stations within the project area.
Travel Time.....................  Time/Trip..........  Annual.............  Economic             Quality of Life....  Point-to-point travel times
                                                                             Competitiveness.                          between pre-determined station
                                                                                stops within the project area.
                                                                                This measure demonstrates how
                                                                                track improvements and other
                                                                                upgrades improve operations on a
                                                                                rail line. It also helps make
                                                                                sure the railroad is maintaining
                                                                                the line after project
                                                                                completion.
Track Miles.....................  Miles..............  One Time...........  State of Good        Economic             The number of track miles that
                                                                             Repair.              Competitiveness.     exist within the project area.
                                                                                This measure can be beneficial
                                                                                for projects building sidings or
                                                                                sections of additional main line
                                                                                track on a railroad.
--------------------------------------------------------------------------------------------------------------------------------------------------------

G. Federal Awarding Agency Contacts

    For further information regarding this notice and the grants
program, please contact Amy Houser, Office of Program Delivery, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W36-412,
Washington, DC 20590; email: [email protected].

Ronald L. Batory,
Administrator.
[FR Doc. 2018-25044 Filed 11-15-18; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]
[Page 70832]
[DOCID:fr13de07-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-17-000]

Connecticut Municipal Electric Energy Cooperative, Richard
Blumenthal, Attorney General for the State of Connecticut,
Complainants, v. Milford Power Company, LLC, ISO New England Inc.,
Respondents; Notice of Complaint

December 6, 2007.
    Take notice that on December 4, 2007, Connecticut Municipal
Electric Energy Cooperative and Richard Blumenthal, Attorney General
for the State of Connecticut (collectively, CMEEC/CTAG) filed a formal
complaint against Milford Power Company, LLC (Milford) and ISO New
England Inc. (ISO) pursuant to section 206 of the Federal Power Act, 16
U.S.C. 824(e), 825(e), and Rule 206 of the Rules of Practice and
Procedure of the Federal Energy Regulatory Commission, 18 CFR 385.206,
alleging that Milford was no longer eligible to receive a Reliability
Must Rule (RMR) agreement, and that the RMR agreement between Milford
and the ISO should be terminated immediately. CMEEC/CTAG seek
consideration of the Complaint in accordance with the Commission's Fast
Track procedures.
    CMEEC/CTAG certify that copies of the complaint were served on the
contacts for Milford and ISO, as well as on persons designated on the
official service list in Milford Power Company, LLC, Docket No. ER05-
163-000.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 26, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-24090 Filed 12-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Notices]
[Pages 37720-37722]
[FR Doc No: 2012-15261]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67210; File No. SR-OPRA-2012-03]

Options Price Reporting Authority; Notice of Filing and Immediate
Effectiveness of Proposed Amendment to the Plan To Revise the
Definition of the Term ``Nonprofessional''

June 15, 2012.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on May 31, 2012, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed
amendment would revise OPRA's definition of the term
``Nonprofessional.'' The Commission is publishing this notice to
solicit comments from interested persons on the proposed OPRA Plan
amendment.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 SE.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com.
    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The ten participants to the OPRA Plan are
BATS Exchange, Inc., BOX Options Exchange, LLC, Chicago Board
Options Exchange, Incorporated, C2 Options Exchange, Incorporated,
International Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ
OMX PHLX, Inc., NASDAQ Stock Market LLC, NYSE Amex, LLC n/k/a NYSE
MKT LLC, and NYSE Arca, Inc.
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I. Description and Purpose of the Plan Amendment

    The purpose of the proposed amendment is to revise OPRA's
definition of the term ``Nonprofessional.''
    A person may become an OPRA ``Subscriber'' in one of two ways.\4\
The first way is that the person may sign a ``Professional Subscriber
Agreement'' directly with OPRA. In this case, the person pays fees
directly to OPRA on the basis of the number of the person's ``devices''
and/or ``UserIDs.''
---------------------------------------------------------------------------

    \4\ OPRA defines a ``Subscriber,'' in general, as an entity or
person that receives OPRA Data for the person's own use.
---------------------------------------------------------------------------

    The second way is that the person may enter into a ``Subscriber
Agreement,'' not directly with OPRA, but with an OPRA ``Vendor''--an
entity that has entered into a ``Vendor Agreement'' with OPRA
authorizing the entity to redistribute OPRA Data to third persons. In
this case, OPRA collects fees from the Vendor with respect to the
receipt of the OPRA Data by the person entering into the Subscriber
Agreement. If the person qualifies as a ``Nonprofessional Subscriber,''
OPRA caps the fee that it charges the Vendor, and the fees that the
person is required to pay to the Vendor may be less than they would be
if the person is classified as a ``Professional Subscriber.'' \5\
---------------------------------------------------------------------------

    \5\ OPRA's Fee Schedule provides that a Vendor may determine the
fee that it pays with respect to its distribution of current OPRA
data to a Nonprofessional Subscriber in one of two ways: Either the
Vendor may pay OPRA's flat monthly Nonprofessional Subscriber Fee
(currently $1.25/month), or the Vendor may count the Nonprofessional
Subscriber's queries for OPRA data and pay Usage-based Vendor Fees
based on the actual usage of OPRA data by the Nonprofessional
Subscriber, subject to a cap that OPRA has always set at the amount
of the flat Nonprofessional Subscriber Fee.

---------------------------------------------------------------------------

    OPRA's current definition of the term ``Nonprofessional'' is set
out in an ``Addendum for Nonprofessionals'' that is attached to its
Electronic Form of Subscriber Agreement and its Hardcopy Form of
Subscriber Agreement. These two forms, in turn, are Attachments B-1 and
B-2 to OPRA's form of Vendor Agreement.\6\
---------------------------------------------------------------------------

    \6\ These forms are posted on OPRA's Web site, www.opradata.com.
OPRA most recently amended them in File No. SR-OPRA-2008-02; Release
No. 34-58434 (August 27, 2008).
---------------------------------------------------------------------------

    One element of OPRA's current definition of the term
``Nonprofessional'' specifies that to qualify as a ``Nonprofessional''
a person must not be ``a securities broker-dealer, investment advisor,
futures commission merchant, commodities introducing broker or
commodity trading advisor, member of a securities exchange or
association or futures contract market, or an owner, partner, or
associated person of any of the foregoing.'' \7\ For persons employed
by securities broker-dealers, OPRA has interpreted the term
``associated person'' in this language with reference to the definition
of the term ``associated person of a broker or dealer'' in Section
3(a)(18) of the Securities Exchange Act of 1934 (the ``Act'').\8\ That
definition includes within its scope ``any employee'' of a broker or
dealer, and accordingly employees of broker/dealers have not been
eligible to be Nonprofessionals.
---------------------------------------------------------------------------

    \7\ See Paragraph 1(c) in each Addendum for Nonprofessionals
(emphasis added).
    \8\ The complete definition of the term ``associated person'' in
the Act is: ``The term ``person associated with a broker or dealer''
or ``associated person of a broker or dealer'' means any partner,
officer, director, or branch manager of such broker or dealer (or
any person occupying a similar status or performing similar
functions), any person directly or indirectly controlling,
controlled by, or under common control with such broker or dealer,
or any employee of such broker or dealer, except that any person
associated with a broker or dealer whose functions are solely
clerical or ministerial shall not be included in the meaning of such
term for purposes of section 15(b) of this title (other than
paragraph (6) thereof).'' (Emphasis added.)
---------------------------------------------------------------------------

    Two inconsistencies created by this language have been brought to
OPRA's attention. First, OPRA's language on this point is different
from the counterpart language in the definition of ``Nonprofessional''
used by the Consolidated Tape Association (``CTA'') and the ``Joint
Self-Regulatory Organization Plan Governing the Collection,
Consolidation, and Dissemination of Quotation and Transaction
Information for Nasdaq-Listed Securities Traded on Exchanges on an
Unlisted Trading Privilege Basis'' (``Nasdaq/UTP Plan''). CTA and the
Nasdaq/UTP Plan define the term ``Nonprofessional'' substantially
identically, and by reference to whether the person seeking to qualify
as a Nonprofessional is required to register in some capacity, not by
reference to whether the person is an associated person of an entity or
person that is required to register in some capacity.\9\ Second,
because the definition of the term ``associated person'' is defined
differently in the commodity futures industry, a person who is employed
by a commodity futures merchant (subject to regulation under the
Commodity Exchange Act) may be able to qualify as a Nonprofessional
under the language of the current OPRA definition even though a person
who is employed by a securities broker to perform identical functions
cannot.\10\
---------------------------------------------------------------------------

    \9\ The term ``Nonprofessional Subscriber'' is defined by CTA as
follows:
    ``Nonprofessional Subscriber'' refers to any natural person who
receives market data solely for his/her personal, non-business use
and who is not a Securities Professional, meaning that the person
is:
    (a) Not registered or qualified with the Securities and Exchange
Commission, the Commodities Futures Trading Commission, any state
securities agency, any securities exchange/association, or any
commodities/futures contract market/association
    (b) Not engaged as an ``investment adviser,'' as that term is
defined in Section 202(a)(11) of the Investment Advisers Act of 1940
(whether or not registered or qualified under that Act); and
    (c) Not employed by a bank or other organization exempt from
registration under Federal and/or state securities laws to perform
functions that would require him/hr to be so registered or qualified
if he/she were to perform such functions for an organization not so
exempt.
    See the CTA ``Nonprofessional Subscriber Policy,'' available at
http://www.nyxdata.com/Docs/Market-Data/Policies.
    \10\ For example, the term ``Associated Person'' is defined in
the Regulations of the Commodity Futures Trading Commission (the
``CFTC'') with respect to a futures commission merchant as follows:
    (aa) Associated person. This term means any natural person who
is associated in any of the following capacities with:
    (1) A futures commission merchant as a partner, officer, or
employee (or any natural person occupying a similar status or
performing similar functions), in any capacity which involves (i)
the solicitation or acceptance of customers' or option customers'
orders (other than in a clerical capacity) or (ii) the supervision
of any person or persons so engaged[.]
    17 CFR 1.3(aa). The definition defines the term ``associated
person'' in a similar manner for natural persons associated with
other entities that are subject to regulation under the Commodity
Exchange Act.
---------------------------------------------------------------------------

    In order to eliminate these inconsistencies, OPRA proposes to
replace paragraphs 1(c) and 1(d) of each Addendum for Nonprofessionals
with a new paragraph 1(c) that tracks the counterpart language used by
CTA and the UTP/Nasdaq Plan. In essence the revised language will allow
a person who is not himself or herself registered in some capacity with
the Commission or the CFTC, but who is employed by an entity that is so
registered, to qualify as a ``Nonprofessional'' for purposes of the
person's personal, non-business-related, investment activities. OPRA
believes that the changes that it is proposing in its definition of the
term ``Nonprofessional'' will add clarity to the definition and more
closely align the language of the definition with the definitions used
by CTA and the UTP/Nasdaq Plan.
    OPRA believes that, in the vast majority of cases, its definition
of the term ``Nonprofessional'' and those of CTA and the UTP/Nasdaq
Plan have always classified Subscribers as Professionals or
Nonprofessionals consistently. OPRA believes that revising its
definition in the manner described in this filing will reduce the small
subset of cases in which its definition and those of CTA and the UTP/
Nasdaq Plan generate different results.
    The text of the proposed amendment to the OPRA Plan is available at
OPRA, the Commission's Public Reference Room, http://opradata.com, and
on the Commission's Web site at www.sec.gov.

II. Implementation of the OPRA Plan Amendment

    OPRA is proposing to begin to permit Vendors to use revised
versions of its Electronic Form of Subscriber Agreement and its
Hardcopy Form of Subscriber Agreement as soon as this filing has been
approved by the Commission in accordance with paragraph (b)(1) of Rule
608 of Regulation NMS under the Securities Exchange Act of 1934. OPRA
will send notice to Vendors advising them of the change and informing
them that, if they believe that they have Subscribers who can be
classified as Nonprofessionals under the revised definition, they may
reclassify them after the Subscribers have agreed to a new Subscriber
Agreement that includes a revised Addendum for Nonprofessionals. The
change in the definition will not require Vendors to take any action
with respect to their existing populations of Nonprofessionals, since
all persons who qualify as Nonprofessionals under OPRA's current
definition will continue to qualify under the revised definition.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed OPRA
Plan amendment is consistent with the

Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-OPRA-2012-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OPRA-2012-03. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed plan amendment that are
filed with the Commission, and all written communications relating to
the proposed plan amendment between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of OPRA.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-OPRA-2012-03
and should be submitted on or before July 13, 2012.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(29).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-15261 Filed 6-21-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Rules and Regulations]
[Pages 7368-7369]
[FR Doc No: 2022-02131]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1003; Project Identifier AD-2021-01141-R;
Amendment 39-21899; AD 2022-02-02]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Inc. (Type Certificate
Previously Held by Bell Helicopter Textron Inc.) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to Bell Textron Inc.
(type certificate previously held by Bell Helicopter Textron Inc.)
Model 204B, 205A, 205A-1, 205B, 210, and 212 helicopters with a certain
outboard main rotor hub strap pin (pin) installed. As published, the AD
number specified in the regulatory text is incorrect. This document
corrects that error. In all other respects, the original document
remains the same.

DATES: This correction is effective February 16, 2022. The effective
date of AD 2022-02-02 remains February 16, 2022.

ADDRESSES: You may examine the AD docket at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-1003, or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: David Wilson, Aerospace Engineer, DSCO
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION: AD 2022-02-02, Amendment 39-21899 (87 FR
1668, January 12, 2022) (AD 2022-02-02), requires removing any pin part
number 204-012-104-005 with a serial number prefix ``FNFS'' from
service and prohibits installing the affected pin on any helicopter.

Need for the Correction

    As published, the AD number specified in the regulatory text is
incorrect. The incorrectly specified AD number was FAA-2021-1003; the
correct AD number is 2022-02-02.

Correction of Publication

    This document corrects an error and correctly adds the AD as an
amendment to 14 CFR 39.13. Although no other part of the preamble or
regulatory information has been corrected, the FAA is publishing the
entire rule in the Federal Register.
    The effective date of this AD remains February 16, 2022.
    Since this action only corrects the AD number, it has no adverse
economic impact and imposes no additional burden on any person.
Therefore, the FAA has determined that notice and public comment
procedures are unnecessary.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Correction

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Corrected]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2021-15-51, Amendment 39-21678 (86
FR 43406, August 9, 2021); and
0
b. Adding the following new airworthiness directive:

2022-02-02 Bell Textron Inc. (Type Certificate Previously Held by
Bell Helicopter Textron Inc.): Amendment 39-21899; Docket No. FAA-
2021-1003; Project Identifier AD-2021-01141-R.

(a) Effective Date

    This airworthiness directive (AD) is effective February 16,
2022.

(b) Affected ADs

    This AD replaces AD 2021-15-51, Amendment 39-21678 (86 FR 43406,
August 9, 2021) (AD 2021-15-51).

(c) Applicability

    This AD applies to Bell Textron Inc. (type certificate
previously held by Bell Helicopter Textron Inc.) Model 204B, 205A,
205A-1, 205B, 210, and 212 helicopters, certificated in any
category, with an outboard main rotor hub strap pin (pin) part
number 204-012-104-005 with a serial number prefix ``FNFS''
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6200, Main Rotor
System.

(e) Unsafe Condition

    This AD was prompted by a fatal accident in which a pin sheared
off during flight, which resulted in the main rotor blade and the
main rotor head detaching from the helicopter. The FAA is issuing
this AD to address this unsafe condition and prevent loss of control
of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) For Model 204B, 205A, 205A-1, 205B, and 212 helicopters:
    (i) Before further flight from August 24, 2021 (the effective
date of AD 2021-15-51), remove from service any pin that is
identified in paragraph (c) of this AD.
    (ii) After August 24, 2021 (the effective date of AD 2021-15-
51), do not install any pin that is identified in paragraph (c) of
this AD on any helicopter.
    (2) For Model 210 helicopters:
    (i) Before further flight after the effective date of this AD,
remove from service any pin that is identified in paragraph (c) of
this AD.
    (ii) As of the effective date of this AD, do not install any pin
that is identified in paragraph (c) of this AD on any helicopter.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO Branch, Compliance & Airworthiness
Division, FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the DSCO Branch, send it to
the attention of the person identified in paragraph (j) of this AD.
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact David Wilson,
Aerospace Engineer, DSCO Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5786; email [email protected].

(k) Material Incorporated by Reference

    None.

    Issued on January 27, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-02131 Filed 2-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Page 43130]
[FR Doc No: 2012-17966]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Order of Suspension of Trading; In the Matter of Alliance
Bancshares California, City Loan, Inc., Clear Choice Financial, Inc.,
CRC Crystal Research Corp., Cygne Designs, Inc., and Davi Skin, Inc.

July 19, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Alliance Bancshares California because it has not filed any periodic
reports since the period ended September 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
City Loan, Inc. because it has not filed any periodic reports since the
period ended September 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Clear Choice Financial, Inc. because it has not filed any periodic
reports since the period ended September 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
CRC Crystal Research Corp. because it has not filed any periodic
reports since the period ended September 30, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Cygne Designs, Inc. because it has not filed any periodic reports since
the period ended October 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Davi Skin, Inc. because it has not filed any periodic reports since the
period ended June 30, 2008.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on July 19, 2012, through 11:59 p.m.
EDT on August 1, 2012.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-17966 Filed 7-19-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Rules and Regulations]
[Pages 14653-14654]
[FR Doc No: 2013-05220]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0791; Airspace Docket No. 12-AGL-9]

Amendment of Class E Airspace; Sault Ste Marie, ON

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends Class E airspace at Sault Ste Marie, ON.
Changes to controlled airspace are necessary to coincide with the
Canadian control zone over Sault Ste Marie Airport. The FAA is taking
this action to enhance the safety and management of Instrument Flight
Rule (IFR) operations at the airport.

DATES: Effective Date: 0901 UTC, June 27, 2013. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On September 14, 2012, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
Sault Ste Marie, ON, area, amending controlled airspace at Sault Ste
Marie Airport (77 FR 56796) Docket No. FAA-2012-0791. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9W dated August 8, 2012, and effective September
15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace designated as an extension to
Class D at Sault Ste Marie Airport, Sault Ste Marie, ON, to coincide
with that portion of the control zone in Canadian airspace. This action
is necessary for the safety and management of IFR operations at the
airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Sault Ste Marie Airport, Sault Ste
Marie, ON.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is

not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exist that warrant
preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012, is amended as follows:

Paragraph 6004: Class E airspace designated as an extension to a
Class D or Class E surface area

* * * * *

AGL ON E4 Sault Ste Marie, ON [Amended]

Sault Ste Marie Airport, ON, Canada
    (Lat. 46[deg]29'06'' N., long. 84[deg]30'34'' W.)

    That airspace in the United States extending upward from the
surface within 1.6 miles each side of the 118[deg] bearing from
Sault Ste Marie Airport extending from the 5-mile radius of the
airport to 9.6 miles southeast of the airport.

    Issued in Fort Worth, Texas, on February 12, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-05220 Filed 3-6-13; 8:45 am]
BILLING CODE 4910-13-P