To
promote safety in all areas of railroad operations; reduce railroad
related accidents and casualties; and to reduce damage to property
caused by accidents involving any carrier of hazardous materials
by providing State participation in the enforcement and promotion
of safety practices.
TYPES
OF ASSISTANCE:
Project Grants. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
Federal
funds, when appropriated, subsidize participating States for necessary
personnel, training, equipment, and activities related to enforcement
of Federal railroad standards, as called for under the Federal Railroad
Safety Act of 1970, as amended. State inspectors are authorized
to work in all five safety inspection disciplines. The Federal Railroad
Administration (FRA) fully funds comprehensive inspector classroom
training for State inspectors meeting eligibility requirements of
49 CFR part 212, State Safety Participation Regulations.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: A State may participate in investigative
and surveillance activities in connection with regulations promulgated
by FRA under this Act which are applicable to track and rolling
equipment, signal and train control, operating practices, and hazmat
inspections. The State must provide the Administrator with an annual
(or multi-year) certification that the State agency (1) has regulatory
jurisdiction, (2) has been furnished a copy of each Federal rail
safety regulation, and (3) is conducting investigative and surveillance
activities prescribed by the FRA Administrator. State safety personnel
must be bona fide state employees. State inspectors must meet minimum
Federal qualifications, as well as successfully complete the inspector
technical evaluation.
Beneficiary
Eligibility: States.
Credentials/Documentation:
Annual (or multi-year) certification, as outlined under the Applicant
Eligibility section, includes a report showing (1) the safety
jurisdiction of the State agency; (2) an annual work plan developed
through coordination with the Regional Safety Director's Office;
and (3) other information as the Secretary of Transportation may
require. States must provide proof of employee experience qualifications
and provide an annual plan of activities.
Pre-application
Coordination: It is recommended that interested
States contact the Associate Administrator for Safety, Office of
Safety Analysis, Federal Railroad Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590. Telephone: (202) 493-6300. Consultation
and assistance is available from the Federal Railroad Administration
(FRA) preparing the application form, furnished by the FRA and required
by OMB Circular No. A-102 and FRA regulations (49 CFR 212). This
program is eligible for coverage under E.O. 12372, "Intergovernmental
Review of Federal Programs." An applicant should consult the office
or official designated as the single point of contact in the State
for more information on the process the State requires to be followed
in applying for assistance, if the State has selected the program
for review.
Application
Procedure: Completion of the form entitled
"State Participation Program" is required for certification under
Section 206 of the Act and 49 CFR 212. The information required
in this form is specified in 49 CFR 212.105 and 212.107 for the
Initial Certification and Report. The form includes provisions
for a description of the State's planned program with respect
to the investigative and surveillance activities prescribed for
each Federal railroad safety rule, regulation, order, or standard
for which a certification is submitted, or into which an agreement
is entered. This program is excluded from coverage under OMB Circular
No. A-110.
Award
Procedure: When Federal appropriations are
available to the State Participation Program, the application
for payments and approval by the Federal Railroad Administrator
requires certification under Section 206, Subsection (a); the
report required under Subsection (b); or agreements with noncertifying
States as outlined under Subsection (c); and satisfactory assurances
to the Administrator that the State agency will provide the remaining
costs, of a safety program, as reflected under Subsection (d).
Deadlines:
Federal appropriations for the State Participation Program are
made on a Federal fiscal year basis for activities to be conducted
in the ensuing fiscal year.
Range
of Approval/Disapproval Time: Sixty (60) days.
Appeals:
Not applicable.
Renewals:
Certification required annually when federal appropriations are
available to the State Participation Program; agreements with
noncertifying states required annually.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: When appropriations
are available to the State Participation Program, the Secretary
of Transportation shall pay up to 50 percent of cost of the personnel,
equipment, and activities of a State agency which are reasonably
required during the ensuing fiscal year to carry out a safety program
under such certification or agreement. No payment may be made unless
the State agency making application gives satisfactory assurances
to the Secretary of Transportation that the State agency will provide
the remaining cost of a safety program and that the aggregate expenditures
of State funds exclusive of Federal grants, will be maintained at
a level which does not fall below the average level of such expenditures
for the last two fiscal years preceding the date of enactment of
this title.
Length
and Time Phasing of Assistance: Annually,
subject to certification and the availability of Federal funds.
POST
ASSISTANCE REQUIREMENTS:
Reports:
The State agency shall submit a copy of each semiannual expenditure/performance
report, and an annual coordination work plan to the Federal Railroad
Administration. Participating States shall submit daily inspection
reports and violation reports (where applicable).
Audits:
The State agency shall maintain a financial management system
which is in compliance with the standards listed in 49 CFR Part
18. In addition, the State agency shall permit authorized representatives
of the Federal Railroad Administration or other Federal Government
agencies to review investigative and surveillance activities and
to inspect payrolls, personnel records, invoices, and other relevant
data and records pertaining to payment agreements and implementation
activities. In accordance with the provisions of OMB Circular
No. A-133 (Revised, June 24, 1997), "Audits of States, Local Governments,
and Non- Profit Organizations," nonfederal entities that expend
financial assistance of $300,000 or more in Federal awards will
have a single or a program-specific audit conducted for that year.
Nonfederal entities that expend less than $300,000 a year in Federal
awards are exempt from Federal audit requirements for that year,
except as noted in Circular No. A-133. Recipients of more than
$300,000 shall submit one copy of the audit report within 30 days
after issuance to the Department of Commerce, Bureau of Census,
Data Preparation Division, 1201 East l0th Street, Jeffersonville,
Indiana 47132, Attn: Single Audit Clearinghouse.
Records:
(See Reports and Audits section of the program.) The State agency
is authorized to substitute microfilm copies in lieu of original
records. The Federal Railroad Administration shall request the
State agency to transfer certain records to Federal custody when
the FRA determines that the records possess long-term retention
value.
FINANCIAL
INFORMATION:
Account
Identification: 69-0706-0-1-401.
Obligations:
(Grants) FY 01 $0; FY 02 est $0; and FY 03 est $0.
Range
and Average of Financial Assistance:
The Federal share in fiscal year 1988 was estimated at $2,000
to $16,000 per State inspector with the average at $9,000
per State inspector. No Federal funds were available in fiscal
years 1989 to 2002.
In fiscal year 2002, 30 States are participating with 160 inspectors
(49 track inspectors, 37 equipment inspectors, 29 operating practices
inspectors, 25 signal and train control inspectors, and 22 hazardous
materials inspectors). In fiscal year 2001, State rail safety inspectors
filed 15,659 reports and recorded 98,129 rail safety defects.
REGULATIONS,
GUIDELINES, AND LITERATURE:
Railroad Safety Act of 1970, as amended; the Federal safety standards
published there under; and the State Participation Regulations,
49 CFR 212.
INFORMATION
CONTACTS:
Regional
or Local Office: Regional Administrator, 55
Broadway, Room 1077, Cambridge, MA 02142. Telephone: (617) 494-2302;
Regional Administrator, International Plaza II, Suite 550, Philadelphia,
PA 19113. Telephone: (610) 521-8200; Regional Administrator, Suite
16T20, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta,
GA 30303. Telephone: (404) 562-3800; Regional Administrator, 200
West Adams Street, Suite 310, Chicago, IL 60606. Telephone: (312)
353-6203; Regional Administrator, 8701 Bedford Euless Road, Suite
425, Hurst, TX 76053. Telephone: (817) 284-8142; Regional Administrator,
801 I Street, Suite 466, Sacramento, CA 95814. Telephone: (916)
498-6540; Regional Administrator, DOT Building, 911 Locust Street,
Suite 464, Kansas City, MO 64106. Telephone: (816) 426-2497; and
Regional Administrator, Murdock Executive Plaza, Suite 650, 703
Broadway, Vancover, WA 98660. Telephone: (360) 696-7536.
Headquarters
Office: Associate Administrator for Safety,
Federal Railroad Administration, Mail Stop 25, 1120 Vermont Avenue
NW., Washington, DC 20590. Telephone: (202) 493-6300.
Web
Site Address: http://www.fra.dot.gov
EXAMPLES
OF FUNDED PROJECTS:
When appropriations are available to the State Participation Program,
six types of inspection programs are funded - one for track safety
standards, one for freight car locomotion safety (motive power and
equipment) standards, one for signal and train control standards,
one for grade crossing signal system standards, one for operating
practices standards and one for a hazardous materials (hazmat) inspection
program. States may apply for one program or for all. No Federal
funds are available in fiscal year 2002 or are anticipated in fiscal
year 2003.
CRITERIA
FOR SELECTING PROPOSALS:
The application forms for State participation provide the necessary
detail for the selection process of State proposals. It is important
that the State meet the eligibility requirements and project a comprehensive
safety program plan for involvement. Key criteria are listed in
the State Participation Regulations, (49 CFR 212), which are integral
to the selection and qualifying process.
