[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Rules and Regulations]
[Page 34620-34622]
[DOCID:fr18jn08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0423 Directorate Identifier 2008-CE-010-AD;
Amendment 39-15556; AD 2008-12-13]
RIN 2120-AA64

Airworthiness Directives; GENERAL AVIA Costruzioni Aeronatiche
Models F22B, F22C, and F22R Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued 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:

    ENAC Italy AD 2004-376 was issued in response to two separate
reports of cracks found in the Firewall-to-Engine mounting
attachments. Detachment of the engine mounts from the structure is
the possible consequence. Although the actual cause has not been
finally determined, some repairs have been approved to address and
correct the unsafe condition.
    This new AD, which supersedes ENAC Italy AD 2004-376, retains
the initial inspection requirement, adds repetitive inspections and
clarifies the conditions under which aircraft that have been
repaired by an approved method can be allowed to return to service.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 23, 2008.
    On July 23, 2008, the Director of the Federal Register approved the

incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, 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: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 11, 2008 (73
FR 19775). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    ENAC Italy AD 2004-376 was issued in response to two separate
reports of cracks found in the Firewall-to-Engine mounting
attachments. Detachment of the engine mounts from the structure is
the possible consequence. Although the actual cause has not been
finally determined, some repairs have been approved to address and
correct the unsafe condition.
    This new AD, which supersedes ENAC Italy AD 2004-376, retains
the initial inspection requirement, adds repetitive inspections and
clarifies the conditions under which aircraft that have been
repaired by an approved method can be allowed to return to service.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

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 required 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 AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect no products of U.S. registry. We also estimate that it will take
about 100 work-hours per product to comply with basic requirements of
this AD. The average labor rate is $80 per work-hour. Required parts
will cost about $740 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $0 or $8,740 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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    (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) 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 AD and placed it in the AD Docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-12-13 GENERAL AVIA Costruzioni Aeronatiche: Amendment 39-15556;
Docket No. FAA-2008-0423; Directorate Identifier 2008-CE-010-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 23,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models F22B, F22C, and F22R airplanes,
all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 71: Power
Plant-General.

Reason

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

    ENAC Italy AD 2004-376 was issued in response to two separate
reports of cracks found in the Firewall-to-Engine mounting
attachments. Detachment of the engine mounts from the structure is
the possible

consequence. Although the actual cause has not been finally
determined, some repairs have been approved to address and correct
the unsafe condition.
    This new AD, which supersedes ENAC Italy AD 2004-376, retains
the initial inspection requirement, adds repetitive inspections and
clarifies the conditions under which aircraft that have been
repaired by an approved method can be allowed to return to service.

The MCAI requires you to repetitively inspect the structure
surrounding the heads of the four bolts of the engine mount
attachment bracket for cracks or damages and repair any cracks or
damages found as a result of the inspection.

Actions and Compliance

    (f) Do the following actions:
    (1) Unless already done within the last 100 hours time-in-
service (TIS) before July 23, 2008 (the effective date of this AD),
before further flight and repetitively thereafter at intervals not
to exceed 100 hours TIS, inspect the structure surrounding the heads
of the four bolts of the engine mount attachment bracket,
approaching from the cabin of the aircraft in the zone below the
instrument panel. In case the indicated area (in particular for the
upper bolts) is not visible due to equipment presence (relay,
cooling fan, and so forth), remove all of the upper right-hand panel
and part of the left-hand panel of the fireproof bulkhead to
approach the area to be inspected through the engine compartment. In
this case the use of a small mirror is necessary.
    (2) If as a result of any inspection required by paragraphs
(f)(1) of this AD you find any discrepancies (for example, cracked
or broken parts), do one of the following actions before further
flight:
    (i) Repair the aircraft following Gomolzig Flugzeug-und
Maschinenbau GmbH General Avia F22 Modification 15328 Repair
Instructions, dated September 10, 2007; or
    (ii) Repair the aircraft following a repair method approved by
the FAA for this AD.
    (3) If you repair the aircraft as specified in paragraph
(f)(2)(i) of this AD, repetitively thereafter inspect the aircraft
at intervals not to exceed 500 hours TIS following the instructions
in paragraph (f)(1) of this AD. If as a result of these repetitive
inspections you find any discrepancies, prior to further flight,
repair the aircraft following Gomolzig Flugzeug-und Maschinenbau
GmbH General Avia F22 Modification 15328 Repair Instructions, dated
September 10, 2007.
    (4) If you repair the aircraft as specified in paragraph
(f)(2)(ii) of this AD, repetitively thereafter inspect the aircraft
using the repetitive inspection interval established by the FAA-
approved repair method used. Follow the inspection instruction in
paragraph (f)(1) of this AD. If as a result of the inspection you
find any discrepancies, repair before further flight following a
repair method approved by the FAA for this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (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

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2008-0015, dated January 18, 2008; and Gomolzig Flugzeug-und
Maschinenbau GmbH General Avia F22 Modification 15328 Repair
Instructions, dated September 10, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Gomolzig Flugzeug-und Maschinenbau GmbH General
Avia F22 Modification 15328 Repair Instructions, dated September 10,
2007, to do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Gomolzig Flugzeug-und Maschinenbau GmbH, Eisenwerkstrasse 9; D-58332
Schwelm, Federal Republic of Germany; telephone: +49 (0)2336 490
332; fax: +49 (0)2336 490 339; e-mail<EMAIL_ADDRESS>    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 5, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13108 Filed 6-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Rules and Regulations]
[Page 24389-24392]
[DOCID:fr05my10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0435; Directorate Identifier 2010-NM-084-AD;
Amendment 39-16283; AD 2010-10-04]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

    Operators of DHC-8 400 Series aeroplanes have been reporting
chafing of wires in the AC wire harnesses located along the lower
wing shroud on either wing resulting in a loss of various system
services. Chafed wires may lead to arcing, local overheating and AC
generator failure. The AC generators provide power to the anti-icing
heaters, including pitot/static heater, engine adapter heater, and
propeller heater. Failure of both AC generators would result in the
loss of these systems and poses a safety concern.
* * * * *
    Loss of both AC generators could lead to unannunciated loss of heat
to both engine inlets, which could lead to loss of power in both
engines during icing conditions. This AD requires actions that are
intended to address the unsafe condition described in the MCAI.

DATES: This AD becomes effective May 20, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 20, 2010.
    We must receive comments on this AD by June 21, 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.

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 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: Craig Yates, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury,

New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-08, dated March 16, 2010 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    Operators of DHC-8 400 Series aeroplanes have been reporting
chafing of wires in the AC wire harnesses located along the lower
wing shroud on either wing resulting in a loss of various system
services. Chafed wires may lead to arcing, local overheating and AC
generator failure. The AC generators provide power to the anti-icing
heaters, including pitot/static heater, engine adapter heater, and
propeller heater. Failure of both AC generators would result in the
loss of these systems and poses a safety concern.
    Investigation has revealed that at four wiring harness tie down
mount locations, the blind fasteners used to attach the tie down
mount base were found to have protruding stems which chafed through
the wire insulation leading to arcing damage. In addition, the wire
chafing along the wing rear spar lower shroud has been attributed to
sagging wire bundles resting on the structure and insufficient
support in low clearance areas.
    This directive mandates the replacement of the blind fasteners
with solid rivets, and to inspect for and rectify damaged wiring
along the wing lower shroud.

Loss of both AC generators could lead to unannunciated loss of heat to
both engine inlets, which could lead to loss of power in both engines
during icing conditions. The required actions also include a detailed
inspection for damage and chafing of the wires in the wiring harness
installation, and the Teflon tubing if necessary. The corrective
actions (rectifying) include replacement or repair of the chafed or
damaged wire or Teflon tubing. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A84-24-44, Revision A,
dated February 2, 2010; and Repair Drawing 8/4-24-011, Issue 2, dated
January 21, 2010. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between the 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 required 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 AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
chafing of a wire bundle could result in an electrical short and
potential loss of several functions essential for safe flight,
including both AC generators. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0435; Directorate
Identifier 2010-NM-084-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    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 AD.

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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    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 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.

Adoption of the Amendment

0
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  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-10-04 Bombardier, Inc.: Amendment 39-16283. Docket No. FAA-
2010-0435; Directorate Identifier 2010-NM-084-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 20,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes, serial numbers 4001 through 4169 inclusive,
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical Power.

Reason

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

    Operators of DHC-8 400 Series aeroplanes have been reporting
chafing of wires in the AC wire harnesses located along the lower
wing shroud on either wing resulting in a loss of various system
services. Chafed wires may lead to arcing, local overheating and AC
generator failure. The AC generators provide power to the anti-icing
heaters, including pitot/static heater, engine adapter heater, and
propeller heater. Failure of both AC generators would result in the
loss of these systems and poses a safety concern.
    Investigation has revealed that at four wiring harness tie down
mount locations, the blind fasteners used to attach the tie down
mount base were found to have protruding stems which chafed through
the wire insulation leading to arcing damage. In addition, the wire
chafing along the wing rear spar lower shroud has been attributed to
sagging wire bundles resting on the structure and insufficient
support in low clearance areas.
    This directive mandates the replacement of the blind fasteners
with solid rivets, and to inspect for and rectify damaged wiring
along the wing lower shroud.

Loss of both AC generators could lead to unannunciated loss of heat
to both engine inlets, which could lead to loss of power in both
engines during icing conditions. The required actions also include a
detailed inspection for damage and chafing of the wires in the
wiring harness installation, and the Teflon tubing if necessary. The
corrective actions (rectifying) include replacement or repair of the
chafed or damaged wire or Teflon tubing.

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.

Replacement of Blind Fasteners, Inspection for Chafing at Four Wiring
Harness Tie Down Mount Locations and Corrective Action

    (g) Within 200 flight hours after the effective date of this AD:
Replace the blind fasteners installed at the four wiring harness tie
down mount locations with solid rivets; and do a detailed inspection
for chafing and damage of the wires and, as applicable, of any
Teflon tubing and do all applicable corrective actions; in
accordance with paragraph B.(6) of the Accomplishment Instructions
of Bombardier Alert Service Bulletin A84-24-44, Revision A, dated
February 2, 2010. Do all applicable corrective actions before
further flight.

Inspection of AC Feeder Cables Along Lower Wing Shroud and Corrective
Action

    (h) At the applicable time in paragraph (h)(1) or (h)(2) of this
AD: Do a detailed inspection of the wiring harness installation
along the wing rear spar lower shroud for any chafing and damage,
and do all applicable corrective actions, in accordance with the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A84-24-44, Revision A, dated February 2, 2010. Do all applicable
corrective actions before further flight.
    (1) For airplanes with AC feeder cables not covered with
protective Teflon tubing (Modsum Number IS4Q2450001 or production
Modsum 4Q109946 not incorporated): Within 600 flight hours after the
effective date of this AD.
    (2) For airplanes with AC feeder cables covered with protective
Teflon tubing (Modsum Number IS4Q2450001 or production Modsum
4Q109946 incorporated): Within 4,000 flight hours after the
effective date of this AD.
    (i) For airplanes on which the temporary repair specified in
Bombardier Repair Drawing 8/4-24-011, Issue 2, dated January 21,
2010, has been done: Within 600 flight hours after accomplishing the
temporary repair or 60 flight hours after the effective date of this
AD, whichever occurs later, do the permanent repair or replace the
wiring, in accordance with Bombardier Repair Drawing 8/4-24-011,
Issue 2, dated January 21, 2010.

Actions According to Previous Issue of Service Information

    (j) Actions done before the effective date of this AD in
accordance with Bombardier Alert Service Bulletin A84-24-44, dated
January 27, 2010, are acceptable for compliance with the
corresponding requirements of paragraphs (g) and (h) of this AD.
    (k) Actions done before the effective date of this AD in
accordance with any modification summary identified in Table 1 of
this AD are acceptable for compliance with the corresponding
requirements of paragraph (g) of this AD.

                                         Table 1--Modification Summaries
----------------------------------------------------------------------------------------------------------------
    Bombardier modification summary--              Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
IS4Q5700013..............................  A                           January 12, 2010.
IS4Q5700013..............................  B                           January 20, 2010.
IS4Q5700013..............................  C                           January 27, 2010.
----------------------------------------------------------------------------------------------------------------

Reporting Requirement

    (l) Submit a report of the findings (both positive and negative)
of the inspection required by paragraph (h) of this AD to Bombardier
Technical Help Desk; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>at the applicable time specified in
paragraph (l)(1) or (l)(2) of this AD. Use Figures 1 and 2 (Feedback
Form) of Bombardier Alert Service Bulletin A84-24-44, Revision A,
dated February 2, 2010, to submit the report. The report must
include the inspection results, a description of any discrepancies
found, the airplane serial number, and the number of landings and
flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 14 days after the inspection.
    (2) If the inspection was accomplished prior to the effective
date of this AD: Submit the report within 14 days after the
effective date of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI does not specify a compliance time for doing a
permanent repair or replacement for airplanes on which a temporary
repair is done. This AD requires that the temporary repair is
replaced by a permanent repair or replacement of the wiring. We have
coordinated this difference with Transport Canada Civil Aviation
(TCCA).

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANE-
170, New York Aircraft Certification Office, 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<PHONE_NUMBER>; fax 516-794-
5531. 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

    (n) Refer to MCAI Canadian Airworthiness Directive CF-2010-08,
dated March 16, 2010; Bombardier Alert Service Bulletin A84-24-44,
Revision A, dated February 2, 2010; and Bombardier Repair Drawing 8/
4-24-011, Issue 2, dated January 21, 2010; for related information.

Material Incorporated by Reference

    (o) You must use Bombardier Alert Service Bulletin A84-24-44,
Revision A, dated February 2, 2010; and Bombardier Repair Drawing 8/
4-24-011, Issue 2, dated January 21, 2010; as applicable; to do the
actions required by this AD, unless the AD specifies otherwise.
Bombardier Repair Drawing 8/4-24-011, Issue 2, dated January 21,
2010, contains the following effective pages:

------------------------------------------------------------------------
                                 Revision
           Page No.            level shown       Date shown on page
                                 on page
------------------------------------------------------------------------
1, 3.........................            2  January 21, 2010.*
2, 4-7.......................            1  January 18, 2010.*
------------------------------------------------------------------------
* Only the first page of this repair drawing contains the issue dates.

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; e-mail<EMAIL_ADDRESS>Internet http://
www.bombardier.com.
    (3) You may review copies of the 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>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on April 27, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-10472 Filed 5-4-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59907-59914]
[FR Doc No: 2019-24225]

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

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).

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

SUMMARY: This notice details the application requirements and
procedures to obtain grant 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, 2018 (2018 Appropriation) and the Consolidated
Appropriations Act, 2019 (2019 Appropriation), as well as available
funding remaining from the Consolidated Appropriations Act, 2017 (2017
Appropriation). The opportunities described in this notice are made
available under Catalog of Federal Domestic Assistance (CFDA) number
20.324, ``Restoration and Enhancement.''

DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. EDT January 6, 2020. Applications for funding, or
supplemental material in support of an application, received after 5:00
p.m. EDT on January 6, 2020 will not be considered for funding.
Incomplete applications will not be considered for funding. See Section
D of this notice for additional information on the application process.

ADDRESSES: Applications must be submitted via www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award. For any supporting application materials that an
applicant is unable to submit via www.Grants.gov, 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 the
R&E Grant Program, 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_ADDRESS>
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_ADDRESS>phone:
202-493-0303.

SUPPLEMENTARY INFORMATION: Notice to applicants: FRA recommends that
applicants read this notice in its entirety prior to preparing
application materials. 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.
Definitions of key terms used throughout the NOFO are provided in
Section A(2) below. These key terms are capitalized throughout the
NOFO. There are several administrative prerequisites and eligibility
requirements described herein with which applicants must comply.
Additionally, applicants should note that the required Project
Narrative component of the application package may not exceed 25 pages
in length.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

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 Sections 11104 and 11303 of
the Fixing America's Surface Transportation (FAST) Act, Public Law 114-
94 (2015); now codified at 49 U.S.C. 22908 \1\ and funded in the 2018
and 2019 Appropriations Acts. FRA will consider applications consistent
with the priorities in 49 U.S.C. 22908(d).
---------------------------------------------------------------------------

    \1\ The Department of Transportation Reports Harmonization Act,
Public Law 115-420, sec. 7 (2019) transferred this section from its
location at 49 U.S.C. 24408 to 49 U.S.C. 22908.
---------------------------------------------------------------------------

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 not limited to, adding a station
stop, increasing frequency of a train (e.g., tri-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'' means rail passenger
transportation, except commuter rail passenger transportation. See 49
U.S.C. 22901(3). In this notice, ``Intercity Passenger Rail Service''
and ``Intercity Passenger Rail Transportation'' are equivalent terms to
``Intercity Rail Passenger Transportation.''
    d. ``Net Operating Costs'' are defined as operating expenses
incurred minus operating revenue for an Intercity Rail Passenger
Transportation route.
    e. ``Operating Assistance'' refers to financial assistance covering
allowable Operating Costs.
    f. ``Operating Costs'' means 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 access
costs; train yard

operation costs; general and administrative costs; and management,
marketing, sales and reservations costs.
    g. ``Rail Carrier'' means 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. See 49 U.S.C. 10102(5).
    h. ``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
$24,419,000. Should additional R&E funds become available after the
release of this NOFO, FRA may elect to award such funds to applications
received under this NOFO.
    Of the $25,000,000 made available for R&E in the 2018 and 2019
Appropriations, $23,982,500 is available for grants; $767,500 is set
aside for Special Transportation Circumstances \2\ as required under 49
U.S.C. 22907(l); and FRA will set aside $250,000 for award and program
oversight. Of the $5,000,000 made available for R&E in the 2017
Appropriation, awards and set-asides were previously determined and
$436,500 remains available under this NOFO.
---------------------------------------------------------------------------

    \2\ The Special Transportation Circumstances funds will be
announced under a separate NOFO(s).
---------------------------------------------------------------------------

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 one year
of service, provided the service has not already received three years
of R&E funding. Grantees receiving less than three years of funding for
any individual Intercity Rail Passenger Transportation route under this
NOFO and/or previous R&E NOFOs may apply for R&E Operating Assistance
under future NOFOs if 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

    There are no predetermined minimum or maximum dollar thresholds for
awards. FRA will only make a maximum of six simultaneous awards with
all available R&E program funding. Given the limited amount of funding
currently available, applicants are encouraged to identify scalable
project elements. FRA may select a project for funding that is less
than the total amount requested in the application.
    FRA strongly encourages applicants to identify and include other
state, local, public, and private funding to support the proposed
project in order to maximize competitiveness. 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 grant agreements 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 involvement in carrying out the funded activity,
including technical assistance, and increased program oversight under 2
CFR 200.24.
    The funding provided under this NOFO will be made available to
grantees on a reimbursable basis. Applicants must certify that their
expenditures are allowable, allocable, reasonable, and necessary to the
approved project before seeking reimbursement from FRA. Additionally,
the grantee is expected to expend matching funds at the required
percentage concurrent with Federal funds throughout the life of the
project. FRA may award grants in installments, and may terminate any
grant or cooperative agreement upon the cessation of service or the
violation of any other term of the grant. See an example of standard
terms and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/Details/L19057.

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 projects
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; \3\
---------------------------------------------------------------------------

    \3\ See Section D(2)(a)(iv) for supporting documentation
required to demonstrate eligibility under this eligibility category.
---------------------------------------------------------------------------

    (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); \4\ and
---------------------------------------------------------------------------

    \4\ See Section D(2)(a)(iv) for supporting information required
to demonstrate eligibility under this eligibility category.
---------------------------------------------------------------------------

    (8) Any combination of the entities described in paragraph (1)
through (7).
    Applications 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. Eligible applicants may reference entities that
are not eligible applicants in an application as a project partner.

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. The matching funds for the projected Net
Operating Costs not covered by the R&E grant may be comprised of
eligible public sector funding (e.g., state, local, or other federal
funding) or private sector funding. FRA encourages applicants to
broaden their funding table in applications.
    FRA will give preference to non-federal shares consisting of
funding from multiple sources (e.g., a state, county, railroad) that
demonstrate broad participation and cost sharing from affected
stakeholders. 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). 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.
    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. Before submitting an
application, applicants should

carefully review the principles for cost sharing or matching in 2 CFR
200.306.
    A recipient of an operating assistance grant under this NOFO may
use that grant in combination with other Federal grants awarded that
would benefit the applicable service.

3. Project Eligibility

    Projects eligible for funding under this NOFO must be projects
within the United States and be 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 Intercity Rail Passenger Transportation;
    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.
    For a project that uses rights-of-way owned by a railroad, 49
U.S.C. 22905(c)(1) requires that a written agreement exist between the
applicant and the owning railroad regarding use and ownership. This
requirement is a condition to making a grant under the R&E Program.

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 January
6, 2020. 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. 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, providing instructions to FRA on 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.
    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.

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

------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    The above content must be provided in a narrative statement
submitted by the applicant. The Project Narrative may not exceed 25
pages in length (excluding cover pages, table of contents, and
supporting documentation). FRA will not review or consider Project
Narratives beyond 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 a table:

------------------------------------------------------------------------
                        Project title
------------------------------------------------------------------------
  Lead Applicant.............................................
City(ies), State(s), Congressional District(s) where the
 project is located..........................................
Projected Total Operating Costs for the funded service (by
 year).......................................................
Projected Operating Revenue for the funded service (by year).
Projected Net Operating Costs for the funded service (by
 year).......................................................
R&E Funding Requested (by year)..............................
Match for Remaining Net Operating Costs Not Provided by R&E
 Funding (by year)...........................................
------------------------------------------------------------------------

    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 year or years of service operations for which
the funding is requested, the match for the remaining Net Operating
Costs not provided by R&E funding, and the annual projected Net
Operating Costs for each of 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 under R&E 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. 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).\5\ Provide information
about any requests submitted to other programs for capital funding
related to this project that supports the project's Initiation,
Restoration, or Enhancement of the Intercity Rail Passenger Service.
    iv. Example Project Funding Table:

----------------------------------------------------------------------------------------------------------------
                   Year of operations                          Year 1             Year 2             Year 3
----------------------------------------------------------------------------------------------------------------
FY17 R&E Federal Funds Previously Secured..............
FY17 Non-Federal Funding/Match.........................
FY18-FY19 R&E Federal Funding Request..................
FY18-FY19 Non-Federal Funding/Match....................
----------------------------------------------------------------------------------------------------------------

    v. Applicant Eligibility Criteria: Explain how the applicant meets
the applicant eligibility criteria outlined in Section C of this
notice. For public agencies and publicly chartered authorities
established by one or more states, the explanation must include
citations to the applicable enabling legislation. If the applicant is
eligible under 49 U.S.C. 22908(a)(7) as a Rail Carrier in partnership
with at least one of the other eligible entities, the applicant should
explain the partnership and each entity's contribution to the
partnership.
    vi. Project Eligibility Criteria: Explain how the project meets the
project eligibility criteria in Section C(3) of this notice.
    vii. 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; name and description of the
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 owning tracks to 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. An applicant must specify whether it is seeking
funding for a project that has already received Federal financial
assistance, and if applicable, explain how the new scope proposed to be
funded under this NOFO relates to the previous scope.
    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. 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.
For the life-cycle cost selection criteria, applicants should
demonstrate a credible plan to maintain related capital project assets
without having to rely on Federal funding.
    x. 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.
    xi. Project Readiness: Provide a 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, Restoration, and Enhancement of
service that have been completed or remain necessary for completion.
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:
---------------------------------------------------------------------------

    \5\ The Secretary, acting through the FRA, is permitted in 49
U.S.C. 22908(h) to award an appropriate portion of R&E grants under
this NOFO to Amtrak as compensation for permitting certain access.
---------------------------------------------------------------------------

    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 FRA's standard SOW, schedule, and budget templates
to be considered for award. The templates are located at https://www.fra.dot.gov/Page/P0325. When preparing the budget, the total Net
Operating 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

    To apply for funding through Grants.gov, applicants must be
properly registered in SAM before submitting its application, provide a
valid unique entity identifier in its application, and continue to
maintain an active SAM registration all as described in detail below.
Complete instructions on how to register and submit an application can
be found at www.Grants.gov. Registering with Grants.gov is a one-time
process; however, it can take up to several weeks for first-time
registrants to receive confirmation and a user password. FRA recommends
that applicants start the registration process as early as possible to
prevent delays that may preclude submitting an application package by
the application deadline. Applications will not be accepted after the
due date. Delayed registration is not an acceptable justification for
an application extension.
    FRA may not make a grant award to an applicant until the applicant
has complied with all applicable Data Universal Numbering System (DUNS)
and SAM requirements, and if an applicant has not fully complied with
the requirements by the time the Federal awarding agency is ready to
make a Federal award, the Federal awarding agency may determine that
the applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant. (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 subrecipients. 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 subrecipients.
Organizations that have previously submitted applications via
Grants.gov are already registered with SAM, as it is a requirement for
Grants.gov registration. Please note, however, that applicants must
update or renew their SAM registration at least once per year to
maintain an active status. Therefore, it is critical to check
registration status well in advance of the application deadline. If an
applicant is selected for an award, the applicant must maintain an
active SAM registration with current information throughout the period
of the award. 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 to www.Grants.gov no
later than 5:00 p.m. EDT, January 6, 2020. Applicants will receive a
system-generated acknowledgement of receipt. FRA reviews www.Grants.gov
information on the dates/and 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. FRA strongly encourages applicants 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 under the R&E Grants Program. FRA
will approve pre-award costs consistent with 2 CFR 200.458, as
applicable. Under 2 CFR 200.458, grant recipients must seek written
approval from FRA for pre-award activities to be eligible for
reimbursement. Activities initiated prior to the execution of an
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.
    FRA is limited to funding a percentage of projected Net Operating
Costs and may not fund any service producing net operating profits.

5. Other Submission Requirements

    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. See Section D.1 for submission of applications via postal
mail, electronic mail or hand delivery.

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), completeness
(application documentation and submission requirements are outlined in
Section D of this notice) and the minimum match.
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. 22908(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 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.
    (C) The appropriate planning, design, any environmental reviews,
negotiation of agreements, acquisition of equipment, construction, and
other actions necessary for Initiation, Restoration, or Enhancement of
service have been completed or nearly completed.
    (D) 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.
    (E) The appropriate funding or other significant participation by
State, local, and regional governmental and private entities are in
place.
    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;
    (D) Providing other non-transportation benefits; and
    (E) Enhancing connectivity and geographic coverage of the existing
national network of Intercity Rail Passenger Service.
c. Selection Criteria
    In addition to the eligibility and completeness review and the
evaluation

criteria outlined in this subsection, the FRA Administrator (or his
designee) will select projects in consultation with a senior review
team, which includes senior leadership from the Office of the Secretary
and FRA, applying the following selection criteria:
    i. The FRA will give preference to projects for which the:
    (A) Proposed matching funds exceed the annual minimum required
amounts specified in Section C(2); and
    (B) Proposed matching funds are from more than one source,
including private sources, demonstrating broad participation by
affected stakeholders; and
    ii. The FRA will also take into account the following key
Departmental objectives:
    (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.
    iii. In determining the allocation of program funds, FRA may also
consider geographic diversity, diversity in the size of the systems
receiving funding, the applicant's receipt of other competitive awards,
and projects located in or that support transportation service in a
qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z-1.

2. Review and Selection Process

    FRA will conduct a four-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);
    c. Review and recommend initial selection of projects for the FRA
Administrator's review by a non-career Senior Review Team, which
includes senior leadership from the Office of the Secretary and FRA;
and
    d. Selection of awards by the FRA Administrator for the Secretary's
review and approval.

3. Reporting Matters Related to Integrity and Performance

    Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold of $150,000 (see 2
CFR 200.88 Simplified Acquisition Threshold), FRA will review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
See 41 U.S.C. 2313.
    An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the
other information in 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.

F. Federal Award Administration Information

1. Federal Award Notice

    FRA will announce applications selected for funding in a press
release and on the FRA 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. FRA requires satisfaction of applicable requirements by the
applicant and a formal agreement signed by both the grantee and the
FRA, including an approved scope, schedule, and budget, before
obligation.

2. Administrative and National Policy Requirements

    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.
    In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, recipients of funds
must comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States; the
conditions of performance, nondiscrimination requirements, and other
assurances made applicable to the award of funds in accordance with
regulations of the Department of Transportation; and applicable Federal
financial assistance and contracting principles promulgated by the
Office of Management and Budget. In complying with these requirements,
recipients, in particular, must ensure that no concession agreements
are denied or other contracting decisions made on the basis of speech
or other activities protected by the First Amendment. If the Department
determines that a recipient has failed to comply with applicable
Federal requirements, the Department may terminate the award of funds
and disallow previously incurred costs, requiring the recipient to
reimburse any expended award funds.
    Examples of administrative and national policy requirements
include: 2 CFR part 200; procurement standards; compliance with Federal
civil rights laws and regulations; requirements for disadvantaged
business enterprises; debarment and suspension requirements; and drug-
free workplace; FRA's and OMB's Assurances and Certifications;
Americans with Disabilities Act; safety requirements; NEPA;
environmental justice requirements; performance measures; grant
conditions under 49 U.S.C. 22905, including the Buy America
requirements, the provision deeming operators rail carriers for certain
purposes and grantee agreements with railroad right-of-way owners for
projects using railroad right-of-way.
    See an example of standard terms and conditions for FRA grant
awards at https://www.fra.dot.gov/eLib/Details/L19057.

3. Reporting

a. Progress Reporting on Grant Activity
    Each applicant selected for a grant will be required to comply with
all standard FRA reporting requirements, including quarterly progress
reports, quarterly Federal financial reports, and interim and final
performance reports, as well as all applicable auditing, monitoring and
close out requirements. Reports may be submitted electronically.

b. Additional Reporting
    Applicants selected for funding are required to comply with all
reporting requirements in the standard terms and conditions for FRA
grant awards including 2 CFR 180.335 and 2 CFR 180.350. See an example
of standard terms and conditions for FRA grant awards at: https://www.fra.dot.gov/eLib/Details/L19057.
    If the Federal share of any Federal award under this NOFO may
include more than $500,000 over the period of performance, applicants
are informed of the post award reporting requirements reflected in 2
CFR part 200, Appendix XII--Award Term and Condition for Recipient
Integrity and Performance Matters.
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 Repair  Count of the annual
                                                                                Competitiveness.                             passenger boardings and
                                                                                alightings at stations
                                                                                within the project area.
Travel Time.......................  Time/Trip............  Annual...............  Economic               Quality of Life.....  Point-to-point travel
                                                                                Competitiveness.                             times 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, please contact Amy
Houser, Office of Program Delivery, Federal Railroad Administration,
1200 New Jersey Avenue SE, Room W36-412, Washington, DC 20590; email:
<EMAIL_ADDRESS>For information about the R&E Grants Program or
project specific questions, 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_ADDRESS>
H. Other Information

    All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information the applicant considers to be a trade secret or
confidential commercial or financial information, the applicant should
do the following: (1) Note on the front cover that the submission
``Contains Confidential Business Information (CBI)''; (2) mark each
affected page ``CBI''; and (3) highlight or otherwise denote the CBI
portions.
    FRA protects such information from disclosure consistent with
applicable law. In the event FRA receives a Freedom of Information Act
(FOIA) request for the information, FRA will follow the procedures
described in its FOIA regulations at 49 CFR 7.17. Only information that
is ultimately determined to be confidential under that procedure will
be exempt from disclosure under FOIA.

    Issued in Washington, DC.
Quintin C. Kendall,
Deputy Administrator, Federal Railroad Administration.
[FR Doc. 2019-24225 Filed 11-5-19; 8:45 am]
BILLING CODE 4910-06-P