[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Pages 7538-7545]
[FR Doc No: 2018-03536]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for the Restoration and Enhancement
Grants 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
Restoration and Enhancement (R&E) Grants Program. This notice makes
available R&E Grants Program funding provided by the Consolidated
Appropriations Act, 2017, Div. K, Tit. I, Public Law 115-31
(Appropriations Act). The opportunities described in this notice are
available under Catalog of Federal Domestic Assistance (CFDA) number
20.324, ``Restoration and Enhancement.''
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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 through a cooperative agreement.

DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. EDT May 22, 2018. Applications for funding, or
supplemental material in support of an application, received after 5:00
p.m. EDT on May 22, 2018 will not be considered for funding. Incomplete
applications will not be considered for funding. See Section D of this
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notice for additional information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via www.Grants.gov, 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 this
notice, please contact Ruthie Americus, Office of Policy and Planning,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W36-
403, Washington, DC 20590; email: [email protected]; phone: 202-
493-0431. 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
is in Section A(2) below. These key terms are capitalized throughout
the NOFO. There are several administrative prerequisites 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 Operating
Assistance grants for Initiating, Restoring, or Enhancing Intercity
Rail Passenger Transportation authorized in Section 11303 of the Fixing
America's Surface Transportation (FAST) Act, Public Law 114-94 (2015);
49 U.S.C. 24408 and funded in the Appropriations Act. FRA will consider
applications consistent with the priorities in 49 U.S.C. Sec.
24408(d).

2. Definitions of Key Terms

    a. ``Enhancing'' or ``Enhance'' means upgrading or modifying the
service currently offered on a route or train. Examples may include
operating costs associated with, but are not limited to, adding a
station stop, increasing frequency of a train (e.g., bi-weekly to daily
train service or increasing daily train service frequencies), or
modifying on-board services offered on the train (e.g., food or
sleeping accommodations).
    b. ``Initiating'' or ``Initiate'' means commencing service on a
route that did not previously operate Intercity Rail Passenger
Transportation.
    c. ``Intercity Rail Passenger Transportation'' is defined by 49
U.S.C. 24102(4) to mean rail passenger transportation, except commuter
rail passenger transportation. ``Intercity Rail Passenger Service'' is
used interchangeably with ``Intercity Rail Passenger Transportation''
in this NOFO and is intended to have the same meaning.
    d. ``Net Operating Costs'' are defined as operating expenses
incurred minus operating revenue. Operating costs are described below
in the definition for Operating Assistance.
    e. ``Operating Assistance'' refers to financial assistance covering
expenses associated with the operation of Intercity Rail Passenger
Transportation. Examples of such expenses may include: Staffing costs
for train engineers, conductors, and on-board service crew; diesel fuel
or electricity costs associated with train propulsion power; station
costs such as ticket sales, customer information, and train dispatching
services; station building utility and maintenance costs; lease
payments on rolling stock; routine planned maintenance costs of
equipment and train cleaning; host railroad costs; train yard operation
costs; general and administrative costs; and management, marketing,
sales and reservations costs.
    f. ``Rail Carrier'' or ``Railroad Carrier'' is defined by 49 U.S.C.
10102(5) to mean a person providing common carrier railroad
transportation for compensation, but does not include street, suburban,
or interurban electric railways not operated as part of the general
system of rail transportation.
    g. ``Restoring'' or ``Restore'' means reinstating service to a
route that formerly operated Intercity Rail Passenger Transportation.

B. Federal Award Information

1. Available Award Amount

    The total funding available for awards under this NOFO is
$4,796,500 after $50,000 is set aside for FRA project management
oversight as provided in the Appropriations Act and $153,500 is set
aside for Special Transportation Circumstances grants that will be
announced under a separate NOFO.

2. Award Limits

    The R&E grants may not provide funding for more than three years
for any individual Intercity Rail Passenger Transportation route and
may not be renewed. Applicants can apply to use R&E funding for: (a)
Multiple (up to the first three) years of service or (b) only the first
year of service. Grantees receiving funding for only the first year of
service may apply for R&E Operating Assistance for the second and third
year of service in response to future NOFOs, if funds are available. In
addition, no more than six R&E grants may be active simultaneously, but
an applicant may be awarded more than one grant.

3. Award Size

    While there are no predetermined minimum or maximum dollar
thresholds for awards, FRA will only make a maximum of six simultaneous
awards with the available funding. Projects may require more funding
than is available. Given the limited amount of funding currently
available, applicants are also encouraged to identify scalable
elements, because FRA may select a project for funding that is less
than the total amount requested in the application.
    FRA may not be able to award grants to all eligible applications,
or even those applications that meet or exceed the stated evaluation
criteria (see Section E, Application Review Information). A recipient
of an R&E grant may use the grant funding in combination with other
Federal grants that would benefit the applicable rail service.

4. Award Type

    FRA will make awards for projects selected under this notice
through cooperative agreements. Cooperative agreements allow for
substantial Federal involvement in carrying out the agreed upon
investment, including technical assistance, 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. FRA may award grants in
installments, and may terminate any cooperative agreement upon the
cessation of service or the violation of any other term of the
cooperative agreement.

C. Eligibility Information

    This section of the notice explains applicant eligibility, cost
sharing and matching requirements, and project eligibility.
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 or another Rail Carrier that provides Intercity Rail
Passenger Transportation;
    (7) Any Rail Carrier in partnership with at least one of the
entities described in paragraphs (1) through (5); and
    (8) Any combination of the entities described in paragraph (1)
through (7).
    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 R&E
Program grant award. Joint applicants 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.
Entities that are not eligible applicants may be included in an
application with one or more eligible applicants.

2. Cost Sharing or Matching

    Grants for a project funded under the R&E program shall not exceed
80 percent of the projected Net Operating Costs for the first year of
service; 60 percent of the Net Operating Costs for the second year of
service; and 40 percent of the projected Net Operating Costs for the
third year of service. FRA will give priority to applications proposing
a lower R&E grant share of projected Net Operating Costs than stated
above, as further discussed in Section E(1). The required matching
funds for the projected Net Operating Costs not covered by the R&E
grant may be comprised of eligible public sector funding (state, local,
or other federal funding) or private sector funding. However, FRA will
not consider funds already expended (or otherwise encumbered) that do
not comply with 2 CFR 200.458 toward the matching funds requirement.
Additionally, only cash contributions will be counted toward the
matching funds requirements. FRA strongly encourages applicants to
identify and include state, local, Amtrak, public agency or authority,
or private funding or financing to support the proposed project.
Applicants must identify the source(s) of their matching funds for the
R&E grant associated with the service, and must clearly and distinctly
reflect these funds in the application budget.
    Before submitting an application, applicants should carefully
review the principles for cost sharing or matching in 2 CFR 200.306.

3. Project Eligibility

    Projects eligible for funding under this NOFO must be projects for
Operating Assistance to Initiate, Restore, or Enhance Intercity Rail
Passenger Transportation. FRA will give priority to proposed projects
in applications that:
    a. Show completed or nearly completed planning, design,
environmental reviews, negotiation of agreements, acquisition of
equipment, construction, and other actions necessary for Initiation,
Restoration, or Enhancement of service;
    b. Restore service over routes formerly operated by Amtrak,
including routes in the Gulf Coast region between New Orleans,
Louisiana, and Orlando, Florida as described in section 11304 of the
Passenger Rail Reform and Investment Act of 2015;
    c. Provide daily or daytime service over routes where such service
did not previously exist;
    d. Include funding or other significant participation by State,
local, and regional governmental and private entities;
    e. Include a funding plan that demonstrates the Intercity Rail
Passenger Service will be financially sustainable beyond the three-year
grant period;
    f. Provide service to regions and communities that are underserved
or not served by other intercity public transportation;
    g. Foster economic development, particularly in rural communities
and for disadvantaged populations;
    h. Provide other non-transportation benefits, such as livability
benefits; and
    i. Enhance connectivity and geographic coverage of the existing
national network of Intercity Rail Passenger Service.

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 host railroad agreements, Amtrak/
operator agreements, and funding commitment documentation. The
additional relevant supporting documentation 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 http://www.Grants.gov no later than 5:00 p.m. EDT, on May 22,
2018. 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, 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)
 Capital and mobilization plan (see D.2.b.ii)
 Operating plan (see D.2.b.iii)
 Funding plan (see D.2.b.iv)
 Status of negotiations and agreements (see D.2.b.v)
 SF424--Application for Federal Assistance
 SF 424A--Budget Information for Non-Construction
 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 the grant application. 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 Summary...........  See D.2.a.iii.
IV. Applicant Eligibility Criteria.....  See D.2.a.iv.
V. Project Eligibility Criteria........  See D.2.a.v.
VI. Detailed Project Description.......  See D.2.a.vi.
VII. Project Location..................  See D.2.a.vii.
VIII. Evaluation and Selection Criteria  See D.2.a.viii.
IX. Project Implementation and           See D.2.a.ix.
 Management.
X. Project Readiness...................  See D.2.a.x.
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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 page number of the relevant
portion of the supporting documentation 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; projected Net Operating
Costs; the annual amount of R&E funding requested up to the first three
years of operation; and match for the remaining operating costs not
provided by R&E funding.
    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 Summary: Indicate the annual amount of R&E
funding requested, the match for the remaining operating costs not
provided by R&E funding, and the total annual projected Net Operating
Costs for the first three years of operation. Identify the source(s) of
matching funds, and clearly and distinctly reflect these funds as part
of the total projected Net Operating Cost in the application budget.
Additionally, identify any other sources of Federal funds committed to
the project and any pending Federal requests. Also, note if the
requested Federal funding 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. Additionally,
specify whether Federal funding for the project has previously been
sought, and identify the Federal program and fiscal year of the funding
request(s). Rail Carriers other than Amtrak should state whether they
will require access to Amtrak's reservation system, stations, or
facilities because they are directly related to the Rail Carrier's
operations, and whether they expect the FRA to award a portion of the
requested R&E grant to Amtrak for such access (and in what amount).\3\
Provide information about any requests submitted to other programs for
capital funding related to this project that supports project
commitment to the Initiation, Restoration, or Enhancement of the
Intercity Rail Passenger Service.
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    \3\ The Secretary, acting through the FRA, is permitted in 49
U.S.C. 24408(h) to award an appropriate portion of R&E grants under
this NOFO to Amtrak as compensation for permitting certain access.
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    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 joint
applicant.
    v. Project Eligibility Criteria: Explain how the project meets the
project eligibility criteria in Section C(3) of this notice.
    vi. Detailed Project Description: Include a detailed project
description that expands upon the brief summary required above and
cites with page number references to information included in documents
responsive to Subsections D(2)(b)(ii-v). This detailed description
should provide, at a minimum: The specific components and elements of
the project, including service frequency; planned routes and schedules;
station facilities; equipment that will be used and how it will be
acquired or refurbished (if necessary); where equipment will be
maintained and by what entity; additional background on the challenges
the project aims to address; the expected users and beneficiaries of
the project; projected ridership, revenues and costs; all railroads
whose tracks will be used; service providers or entities expected to
provide services or facilities that will be used, including access to
Amtrak systems, stations, and facilities; train operators and their
qualifications; plan for ensuring safe operations; and any other
information the applicant deems necessary to justify the proposed
project.
    vii. 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.
    viii. 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.
    ix. 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.
    x. Project Readiness: Provide a brief summary of the: Capital and
mobilization plan including any capital investments; service planning
actions; mobilization actions (such as qualification of train crews);
and

timeline for undertaking and completing each of the investments.
Describe the appropriate planning, design, any environmental reviews,
negotiation of agreements, acquisition of equipment, construction, and
other actions necessary for Initiation of service that have been
completed or nearly completed. Provide the date when the first year of
rail service will commence or when Enhancements to existing service
will be placed into service.
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. 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 the 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. The project schedule should be sufficiently detailed to
include the date when the first year of service will commence (or when
the proposed Enhancement will be placed into service), as well as
reasonable due dates for expenses associated with the operation of the
Intercity Rail Passenger Transportation.
    ii. Capital and mobilization plan that includes:
    (A) A description of any capital investments, service planning
actions (such as environmental reviews), and mobilization actions (such
as qualifications of train crews) required for Initiation of the
Intercity Rail Passenger Transportation; and
    (B) A timeline for undertaking and completing each of the
investments and actions referred to in subparagraph (A).
    iii. Operating plan describing:
    (A) Planned service operation;
    (B) Identity and qualifications of the train operator;
    (C) Identity and qualifications of any other service providers
(e.g. on-board service, equipment maintenance, station staff);
    (D) Service frequency;
    (E) Planned routes and schedules;
    (F) Station facilities that will be utilized;
    (G) Projected ridership, revenues, and costs;
    (H) Descriptions of how the projections under subparagraph (G) were
developed;
    (I) Equipment that will be utilized, how such equipment will be
acquired or refurbished (if necessary), and where such equipment will
be maintained; and
    (J) A plan for ensuring safe operations and compliance with
applicable safety regulations;
    iv. Funding plan that:
    (A) Describes the funding of initial capital costs and operating
costs for the first three years of operation;
    (B) Includes commitment by the applicant to provide the funds
described in subparagraph (A) to the extent not covered by Federal
grants and revenues; and
    (C) Describes the funding of operating costs and capital costs, to
the extent necessary, after the first three years of operation.
    v. Status of negotiations and agreements with:
    (A) Each of the railroads or regional transportation authorities
whose tracks or facilities would be utilized by the service;
    (B) The anticipated Railroad Carrier, if such entity is not part of
the applicant group; and
    (C) Any other service providers or entities expected to provide
services or facilities that will be used by the service, including any
required access to Amtrak systems, stations, and facilities if Amtrak
is not part of the applicant group.
    vi. SF424--Application for Federal Assistance
    vii. SF 424A--Budget Information for Non-Construction
    viii. SF 424B--Assurances for Non-Construction
    ix. FRA's Additional Assurances and Certifications; and
    x. SF LLL--Disclosure of Lobbying Activities.
    Forms needed for the electronic application process are at
www.Grants.gov.
c. Post-Selection Requirements
    See Section F(2) for post-selection requirements.

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

    All applicants must be registered as an organization with
Grants.gov. 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 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 at www.SAM.gov
    All applicants for Federal financial assistance must maintain
current registrations in the SAM database. An applicant must be
registered in SAM to successfully register in Grants.gov. The SAM
database is the repository for standard information about Federal
financial assistance applicants, recipients, and 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.

2. Submission Dates and Times

    Applicants must submit complete applications in their entirety to
www.Grants.gov no later than 5:00 p.m. EDT, May 22, 2018. FRA reviews
www.Grants.gov information on dates/times of applications submitted to
determine timeliness of submissions. Late applications will be neither
reviewed nor considered. Delayed registration is not an acceptable
reason for late submission. Applicants are strongly encouraged to apply
early to ensure that 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 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 instructions
in this NOFO; and (4) technical issues experienced with the applicant's
computer or information technology environment.

3. 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.

4. Funding Restrictions

    R&E grants awarded for any individual Intercity Rail Passenger
Transportation route will not receive funding for more than three years
and may not be renewed. No more than six Operating Assistance grant
awards will be simultaneously active. FRA will only approve pre-award
costs 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 cooperative agreement.
Activities initiated prior to the execution of a cooperative agreement
without FRA's written approval may not be eligible for reimbursement or
included as a grantee's matching contribution. For Enhancement
projects, FRA will only fund the portion of the operating costs
associated with the Enhancement, and not the entire project or service.

E. Application Review Information

1. Criteria

a. Eligibility and Completeness Review
    FRA will first screen each application for eligibility (eligibility
requirements are outlined in Section C of this notice) and completeness
(application documentation and submission requirements are outlined in
Section D of this notice). The matching requirement is considered in
determining whether the application is eligible. FRA will also provide
selection preference to applications where the proposed matching funds
exceed the annual minimum required amounts specified in Section C(2).
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 public benefits consistent with the
priorities in 49 U.S.C. Sec.  24408(d).
    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 appropriate planning, design, any environmental reviews,
negotiation of agreements, acquisition of equipment, construction, and
other actions necessary for Initiation of service have been completed
or nearly completed.
    (C) Service is restored over routes formerly operated by Amtrak,
including routes in the Gulf Coast region between New Orleans,
Louisiana, and Orlando, Florida as described in section 11304 of the
Passenger Rail Reform and Investment Act of 2015.
    (D) The appropriate funding or other significant participation by
State, local, and regional governmental and private entities are in-
place.
    (E) The application is thorough and responsive to all the
requirements outlined in this notice, including the strength and
comprehensiveness of the capital and mobilization plan, operating plan,
funding plan, and status of negotiations and agreements described in
Section D(2)(b). In particular, the funding plan demonstrates the
Intercity Rail Passenger Service will be financially sustainable beyond
the 3-year grant period.
    ii. Benefits:
    FRA will evaluate the proposed rail service on:
    (A) Providing daily or daytime service over routes where such
service did not previously exist;
    (B) Providing service to regions and communities that are
underserved or not served by other intercity public transportation;
    (C) Fostering economic development, particularly in rural
communities and for disadvantaged populations; and

    (D) Enhancing connectivity and geographic coverage of the existing
national network of Intercity Rail Passenger Service, and
    (E) Providing other non-transportation benefits.
c. Selection Criteria
    In addition to the eligibility and completeness review and the
evaluation criteria outlined in this subsection, the FRA Administrator
will also take into account the following key Departmental objectives:
    i. Supporting economic vitality at the national and regional level;
    ii. Leveraging Federal funding to attract other, non-Federal
sources of infrastructure investment, as well as accounting for the
life-cycle costs of the project;
    iii. Using innovative approaches to improve safety and expedite
project delivery; and
    iv. Holding grant recipients accountable for their performance and
achieving specific, measurable outcomes identified by grant applicants.

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 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 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.

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.
    For projects on a State-Supported route (as defined in 49 U.S.C.
24102(13), grant recipients must be in compliance with the cost
allocation methodology required under Section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (Pub. L. 110-432) with respect
to that route. Selected grantees must maintain compliance with the cost
allocation methodology for the duration of the service.
    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 requirements; NEPA; environmental justice; and the requirements
in 49 U.S.C. 24405 including the Buy America requirements.
    See an example of standard terms and conditions for FRA grant
awards at https://www.fra.dot.gov/Elib/Document/14426.

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 (see 2 CFR 200.88
Simplified Acquisition Threshold), FRA will review and consider any
information about the applicant that is in the designated integrity and
performance system accessible through SAM (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) (see 41
U.S.C. 2313).
    An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the
other information in 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.
c. Performance Reporting
    As a part of the grant agreement, the grant recipient must provide
similar information regarding the route performance, financial, and
ridership projections, and capital and business plans that Amtrak is
required to provide to FRA, as well as other implementation information
that includes the status of the investments and funded operations, the
plans for continued operation and funding of routes, and any
legislative recommendations.
    Grant recipients must also collect information and report on the
project's performance using measures established by the FRA to assess
progress in achieving strategic goals and objectives. Examples of some
rail measures are listed in the below table.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Primary strategic   Secondary strategic
          Rail measures              Unit measured           Temporal               goal                 goal                     Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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], or Ruthie Americus,
Office of Policy and Planning, Federal Railroad Administration,1200 New
Jersey Avenue SE, Room W36-403, Washington, DC 20590; email:
[email protected].

    Issued in Washington, DC, on February 15, 2018.
Jamie Rennert,
Director, Office of Program Delivery, Federal Railroad Administration.
[FR Doc. 2018-03536 Filed 2-20-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9203-9204]
[FR Doc No: 2019-04608]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0129]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
provides the public notice that by a letter dated February 14, 2019,
the Sierra Northern Railway (SERA) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 215. FRA assigned the petition Docket Number FRA-2010-
0129.
    Specifically, SERA requests relief from the stenciling requirement
contained in 49 CFR 215.303, Stenciling of restricted cars, for 5
freight cars, one gondola and four box cars modified as ``open air
concession'' passenger cars to give passengers a pleasurable ride in
the Sacramento and Coastal Mountain area. SERA operates the subject
cars on the 40-mile Mendocino Division between Willits and Ft. Bragg,
California, and on the Sacramento Division for 14 miles between
Woodland and Lovdal Siding near West Sacramento, California. SERA does
not interchange this equipment with the general system of
transportation. The maximum speed of operation is 20 miles per hour.
The cars are typically operated no more than 40 miles in a day and
approximately 75 days per year.
    SERA states that it continues to maintain all equipment, operations
and track to FRA compliance standards and there has not been an
equipment-related derailment of any SERA tourist or dinner train in
over 10 years. These cars are painted to match passenger cars.
Stenciling according to Sec.  215.303 would be disruptive to the
appearance of the train. Further, stenciling indicating some
restriction might invite unwarranted concerns by passengers.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since

the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 29, 2019 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-04608 Filed 3-12-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Proposed Rules]
[Pages 58970-58971]
[FR Doc No: 2012-23536]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-0260; Notice No. 25-12-05-SC]

Special Conditions: Embraer S.A. Model EMB-550 Airplanes, Sudden
Engine Stoppage

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Embraer Model
EMB-550 airplane. This airplane will have a novel or unusual design
feature associated with the effects of sudden engine stoppage upon the
airframe. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
proposed special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

DATES: Submit your comments on or before October 26, 2012.

ADDRESSES: Send comments identified by docket number FAA-2011-0260
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/ gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, FAA, International
Branch, ANM-116, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425) 227-2768; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On May 14, 2009, Embraer applied for a type certificate for their
new Model EMB-550 airplane. The Model EMB-550 airplane is the first of
a new family of jets designed as a corporate jet, and for fractional,
charter, and private-owner operations. The airplane is a conventional
configuration with a low wing and T-tail empennage. The primary
structure is metal with composite empennage and control surfaces. The
Model EMB-550 airplane is designed for eight passengers, with a maximum
of 12 passengers (including toilet seat). It is equipped with two
Honeywell HTF7500-E medium-bypass-ratio turbofan jet engines mounted on
aft-fuselage pylons. Each engine produces approximately 6,540 lb of
thrust for normal takeoff. The primary flight-control systems are
electronically controlled using fly-by-wire (FBW) technology.
    The Model EMB-550 airplane incorporates novel or unusual design
features involving engine size and torque load that affect the airframe
as it relates to sudden engine-stoppage conditions.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Embraer must show that the Model EMB-550 airplane meets the
applicable provisions of part 25, as amended by Amendments 25-1 through
1-127.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-550 airplane because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the special conditions would also apply to the
other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-550 airplane must comply with the fuel-vent
and exhaust-emission requirements of 14 CFR part 34 and the noise-
certification requirements of 14 CFR part 36; and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or
unusual design features:
    The engine proposed for the Embraer Model EMB-550 airplane is a
medium-bypass-ratio turbofan jet engine that will not seize and produce
transient torque loads in the same manner that is envisioned by current
Sec.  25.361(b)(1) related to ``sudden engine stoppage.''

Discussion

    The limit engine torque load imposed by sudden engine stoppage due
to malfunction or structural failure (such as compressor jamming) has
been a specific requirement for transport-category airplanes since
1957. In the past, the design torque loads associated with typical
failure scenarios have been estimated by the engine manufacturer and
provided to the airframe manufacturer as limit loads. These limit loads
were considered simple, purely static torque loads. The size,
configuration, and failure modes of jet engines have changed
considerably from what was envisioned when the engine-seizure
requirement of Sec.  25.361(b) was first adopted. Current engines are
much larger and are now designed with large bypass fans capable of
producing much larger torque loads if they become jammed.
    Relative to the engine configurations that existed when the rule
was developed in 1957, the present generation of engines are
sufficiently different and novel to justify issuance of special
conditions to establish appropriate design standards. The latest
generations of jet engines are capable of producing, during failure,
transient loads that are significantly higher and more complex than the
generation of engines that were present when the existing standard was
developed. Therefore, the FAA has determined that special conditions
are needed for the Embraer Model EMB-550 airplane.
    To maintain the level of safety envisioned in Sec.  25.361(b), more
comprehensive criteria are needed for the new generation of high-bypass
engines. The special conditions would distinguish between the more
common engine-failure events and those rare events resulting from
structural failures. For these less common but more severe seizure
events, the criteria (as stated in special conditions numbers 3 and 4,
below) could allow some deformation in the engine-supporting structure
(ultimate load design) to absorb the higher energy associated with the
high-bypass engines, while at the same time protecting the adjacent
primary structure in the wing and fuselage by providing a higher safety
factor. The criteria for the more-severe events would no longer be a
purely static torque-load condition, but would account for the full
spectrum of transient dynamic loads developed from the engine-failure
condition.

Applicability

    As discussed above, these special conditions are applicable to the
Model EMB-550 airplane. Should Embraer apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type-certification basis
for the Embraer Model EMB-550 airplane. In lieu of 14 CFR 25.361(b),
the following special conditions are proposed:
    1. For turbine-engine installations, the engine mounts, pylons, and
adjacent supporting airframe structure must be designed to withstand 1g
level flight loads acting simultaneously with the maximum limit torque
loads imposed by each of the following:
    (a) Sudden engine deceleration due to a malfunction that could
result in a temporary loss of power or thrust, and
    (b) The maximum acceleration of the engine.
    2. For auxiliary power unit (APU) installations, the APU mounts and
adjacent supporting airframe structure must be designed to withstand 1g
level flight loads acting simultaneously with the maximum limit torque
loads imposed by each of the following:
    (a) Sudden APU deceleration due to malfunction or structural
failure; and
    (b) The maximum acceleration of the APU.
    3. For engine-supporting structure, an ultimate loading condition
must be considered that combines 1g flight loads with the transient
dynamic loads resulting from:
    (a) The loss of any fan, compressor, or turbine blade; and
separately
    (b) Where applicable to a specific engine design, any other engine
structural failure that results in higher loads.
    4. The ultimate loads developed from the conditions specified in
paragraphs 3(a) and 3(b) are to be multiplied by a factor of 1.0 when
applied to engine mounts and pylons, and multiplied by a factor of 1.25
when applied to adjacent supporting airframe structure.
    5. Any permanent deformation that results from the conditions
specified in Special Condition 3, above, must not prevent continued
safe flight and landing.

    Issued in Renton, Washington, on September 6, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-23536 Filed 9-24-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Proposed Rules]
[Page 25788-25791]
[DOCID:fr10my10-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0436; Directorate Identifier 2009-NM-230-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    * * * There have recently been several in-service occurrences
that have highlighted the inability of the existing [wing anti-ice]
system to detect a low-heat condition in the wing leading edge at
all times, with the potential consequence of unannunciated
asymmetric ice build-up on the wing. * * * Such a condition, in
combination with maneuvers close to stick shaker activation, could
possibly result in reduced controllability of the aircraft.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 24, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0436;
Directorate Identifier 2009-NM-230-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-37, dated September 30, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    At present, the Wing Anti-Ice System (WAIS) sufficient heat
switches/sensors on CL-600-2B19 aircraft are located at the inboard
end of each wing and require a simultaneous low-pressure signal to
generate a L or R WING A/ICE amber caution. However, there have
recently been several in-service occurrences that have highlighted
the inability of the existing system to detect a low-heat condition
in the wing leading edge at all times, with the potential
consequence of unannunciated asymmetric ice build-up on the wing.
These have included partial failure of several piccolo ducts [ref:
Airworthiness Directive (AD) CF-2008-30] and partial (not fully
closed or open) failure of a modulating and shut-off valve, the
latter resulting in unannunciated asymmetric ice build-up on the
wing leading edge. Such a condition, in combination with maneuvers
close to stick shaker activation, could possibly result in reduced
controllability of the aircraft.
    This directive mandates:
    (a) Revision of the Airplane Flight Manual (AFM) to notify the
flight crew that, following installation and activation of the low-
heat detection switches, certain WAIS mode selection changes may
result in a two-minute inhibition of the wing anti-ice message, if
posted;
    (b) Revision of the approved maintenance schedule to include one
revised and three new functional checks that are required following
activation of the low-heat detection switches;
    (c) Replacement of the Data Concentrator Units (DCUs) with DCUs
incorporating a software update that caters for the new outboard
low-heat detection switches and generates the appropriate anti-ice
message for the flight crew when a low-heat condition is detected;

    Note: Although not related to this directive, the software
update also corrects the sampling rate of two previously non-
compliant Flight Data Recorder (FDR) parameters, normal acceleration
and pitch attitude.

    (d) Installation of the low-heat detection switches in the wing
outboard leading edges, the wing A/ICE box assembly and associated
wires; and
    (e) Activation of the low-heat detection switches.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued the service information in the following
table.

                                           Table--Service Information
----------------------------------------------------------------------------------------------------------------
           Service information                         Revision                              Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 601R-30-031.  D.................................  February 3, 2010.
Bombardier Service Bulletin 601R-31-034.  A.................................  April 10, 2008.
Bombardier Temporary Revision 2A-46 to    Original..........................  July 24, 2009.
 Appendix A--Certification Maintenance
 Requirements of Part 2 of the
 Bombardier Maintenance Requirements
 Manual.
Bombardier Temporary Revision RJ/164-2    Original..........................  May 14, 2009.
 to the Canadair Regional Jet Airplane
 Flight Manual, CSP A-012.
----------------------------------------------------------------------------------------------------------------

The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 599 products of U.S. registry. We also estimate that
it would take about 21 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $1,069,215, or $1,785 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-0436; Directorate Identifier
2009-NM-230-AD.

Comments Due Date

    (a) We must receive comments by June 24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, serial numbers 7003 through 8101 inclusive.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (h)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 30 and 31:
Ice and rain protection, and instruments, respectively.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    At present, the Wing Anti-Ice System (WAIS) sufficient heat
switches/sensors on CL-600-2B19 aircraft are located at the inboard
end of each wing and require a simultaneous low-pressure signal to
generate a L or R WING A/ICE amber caution. However, there have
recently been several in-service occurrences that have highlighted
the inability of the existing system to detect a low-heat condition
in the wing leading edge at all times, with the potential
consequence of unannunciated asymmetric ice build-up on the wing.
These have included partial failure of several piccolo ducts [ref:
Airworthiness Directive (AD) CF-2008-30] and partial (not fully
closed or open) failure of a modulating and shut-off valve, the
latter resulting in unannunciated asymmetric ice build-up on the
wing leading edge. Such a condition, in combination with maneuvers
close to stick shaker activation, could possibly result in reduced
controllability of the aircraft.
    This directive mandates:
    (a) Revision of the Airplane Flight Manual (AFM) to notify the
flight crew that, following installation and activation of the low-
heat detection switches, certain WAIS mode selection changes may
result in a two-minute inhibition of the wing anti-ice message, if
posted;
    (b) Revision of the approved maintenance schedule to include one
revised and three new functional checks that are required following
activation of the low-heat detection switches;
    (c) Replacement of the Data Concentrator Units (DCUs) with DCUs
incorporating a software update that caters for the new outboard
low-heat detection switches and generates the appropriate anti-ice
message for the flight crew when a low-heat condition is detected;

    Note: Although not related to this directive, the software
update also corrects the sampling rate of two previously non-
compliant Flight Data Recorder (FDR) parameters, normal acceleration
and pitch attitude.

    (d) Installation of the low-heat detection switches in the wing
outboard leading edges, the wing A/ICE box assembly and associated
wires; and
    (e) Activation of the low-heat detection switches.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Do the following actions.
    (1) Within 30 days after the effective date of this AD, revise
the Limitations and Normal Procedures sections of the Canadair
Regional Jet Airplane Flight Manual (AFM), CSP A-012, to include the
information in Canadair (Bombardier) Temporary Revision (TR) RJ/164-
2, dated May 14, 2009. This TR introduces procedures for operation
in icing conditions. Operate the airplane according to the
limitations and procedures in the TR.

    Note 2: This may be done by inserting a copy of Canadair
(Bombardier) TR RJ/164-2, dated May 14, 2009, into the AFM. When
this TR has been included in general revisions of the AFM, the
general revisions may be inserted in the AFM, provided the relevant
information in the general revision is identical to that in Canadair
(Bombardier) TR RJ/164-2, dated May 14, 2009.

    (2) Within 30 days after the effective date of this AD, revise
the Airworthiness Limitations Instructions (ALI) of the Instructions
for Continued Airworthiness (ICA) by incorporating the inspection
requirements contained in Bombardier TR 2A-46, dated July 24, 2009,
into Appendix A, ``Certification Maintenance Requirements,'' of Part
2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual
(MRM). The initial compliance times for the tasks identified in
Bombardier TR 2A-46, dated July 24, 2009, are specified in Table 1
of this AD.

    Note 3: The actions required by paragraph (g)(2) of this AD may
be done by inserting a copy of Bombardier TR 2A-46, dated July 24,
2009, into the Bombardier CL-600-2B19 MRM. When this TR has been
included in general revisions of the MRM, the general revisions may
be inserted into the MRM, provided the relevant information in the
general revision is identical to that in Bombardier TR 2A-46, dated
July 24, 2009.

                       Table 1--Initial Compliance Times for Tasks in Bombardier TR 2A-46
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
               Task                         Applicabilty                      Initial compliance time
                                                                             (whichever occurs later)
----------------------------------------------------------------------------------------------------------------
C30-10-141-01.....................  All airplanes...............  Before the              Within 5 flight hours
                                                                   accumulation of 6,000   after the effective
                                                                   total flight hours.     date of this AD.
C30-10-141-03.....................  Airplanes on which            Before the              Within 5 flight hours
                                     Modification Summary          accumulation of 6,000   after the effective
                                     TC601R17494 or actions        total flight hours.     date of this AD.
                                     specified in Bombardier
                                     Service Bulletin 601R-30-
                                     031 have been done.
C30-10-141-05.....................  Airplanes with outboard       Before the              Within 5 flight hours
                                     sufficient heat switches      accumulation of 6,000   after the effective
                                     installed in accordance       total flight hours.     date of this AD.
                                     with Modification Summary
                                     TC601R17494 or actions
                                     specified in Bombardier
                                     Service Bulletin 601R-30-
                                     031 have been done.
C30-10-141-07.....................  Airplanes with outboard       Before the              Within 5 flight hours
                                     sufficient heat switches      accumulation of 6,000   after the effective
                                     installed in accordance       total flight hours.     date of this AD.
                                     with Modification Summary
                                     TC601R17494 or actions
                                     specified in Bombardier
                                     Service Bulletin 601R-30-
                                     031 have been done.
----------------------------------------------------------------------------------------------------------------

    (3) For airplanes having S/Ns 7003 through 8095 inclusive:
Before or concurrently with accomplishing the actions required by
paragraph (g)(5) of this AD: Replace any data concentrator units
(DCUs) having part number (P/N) 622-9820-007, 622-9820-008, or 622-
9820-009 with modified DCUs having P/N 622-9820-010, and, if
applicable, modify the configuration strapping units (CSUs), in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 601R-31-034, Revision A, dated April 10, 2008.
    (4) Before or concurrently with accomplishing the actions
required by paragraph (g)(5) of this AD: Install the outboard low-
heat detection switches, wing A/ICE box assembly and associated
wires, in accordance with the Accomplishment Instructions of Parts
A, C, D, and E of Bombardier Service Bulletin 601R-30-031, Revision
D, dated February 3, 2010.

    Note 4: A small number of cases have been reported in which
piccolo ducts were found to have been installed in the opposite
wing, resulting in the incorrect orientation of the bleed holes.
During reinstallation of the piccolo ducts and leading edge
assemblies after installing the low-heat detection switches,
particular attention should be paid to the correct alignment of the
piccolo ducts. Guidance can be found in Task 30-11-41-820-801 of the
Bombardier Aircraft Maintenance Manual.

    (5) Within 11 months after the effective date of this AD:
Activate the outboard low-heat detection switches in accordance with
Part F of the Accomplishment Instructions of Service Bulletin 601R-
30-031, Revision D, dated February 3, 2010.

    (6) Actions accomplished in accordance with the service
information specified in Table 2 of this AD, before the effective
date of this AD, are acceptable for compliance with the
corresponding actions required by paragraphs (g)(4) and (g)(5) of
this AD.

                                     Table 2--Acceptable Service Information
----------------------------------------------------------------------------------------------------------------
     Bombardier Service Bulletin--                  Revision--                             Dated--
----------------------------------------------------------------------------------------------------------------
601R[dash]30-031......................  Original..........................  May 15, 2009.
601R[dash]30-031......................  A.................................  September 8, 2009.
601R[dash]30-031......................  B.................................  October 28, 2009.
601R[dash]30-031......................  C.................................  December 23, 2009.
----------------------------------------------------------------------------------------------------------------

    (7) Replacing DCUs P/N 622-9820-007, 622-9820-008, or 622-9820-
009 with modified DCUs having P/N 622-9820-010, and modifying CSUs,
are also acceptable for compliance with the requirements of
paragraph (g)(3) of this AD if done before the effective date of
this AD, in accordance with Accomplishment Instructions of
Bombardier Service Bulletin 601R-30-034, dated November 19, 2007.

FAA AD Differences

    Note 5: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to Attn: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Transport Canada Civil Aviation (TCCA)
Airworthiness Directive CF-2009-37, dated September 30, 2009; and
the service information specified in Table 3 of this AD; for related
information.

                                          Table 3--Service Information
----------------------------------------------------------------------------------------------------------------
          Service information                        Revision                               Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 601R-30-    D.................................  February 3, 2010.
 031.
Bombardier Service Bulletin 601R-31-    A.................................  April 10, 2008.
 034.
Bombardier Temporary Revision 2A-46 to  Original..........................  July 24, 2009.
 Appendix A--Certification Maintenance
 Requirements of Part 2 of the
 Bombardier CL[dash]600-2B19
 Maintenance Requirements Manual.
Canadair (Bombardier) Temporary         Original..........................  May 14, 2009.
 Revision RJ/164-2 to the Canadair
 Regional Jet Airplane Flight Manual
 CSP A-012.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on April 28, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-10884 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-13-P