Request for Information for the Corridor Identification and Development Program, 6938-6940 [2022-02450]
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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices
are reminded of the need to comply
with the Cargo Preference Act in 46 CFR
part 38, if applicable.
In accordance with the provisions of
Section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 stat. 1572), FHWA is
providing this notice as its finding that
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is appropriate. FHWA invites public
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additional five (5) days following the
effective date of the finding. Comments
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via the link provided to the waiver page
noted above.
Authority: 23 U.S.C. 313; Pub. L. 110–
244; Pub. L. 116–260; 23 CFR 635.410.
Stephanie Pollack,
Deputy Administrator, Federal Highway
Administration.
[FR Doc. 2022–02449 Filed 2–4–22; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2010–0033]
New Jersey Transit’s Request To
Amend Its Positive Train Control
Safety Plan and Positive Train Control
System
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of availability and
request for comments.
AGENCY:
This document provides the
public with notice that, on January 14,
2022, New Jersey Transit (NJT)
submitted a request for amendment
(RFA) to its FRA-approved Positive
Train Control Safety Plan (PTCSP). As
this RFA may involve a request for
FRA’s approval of proposed material
modifications to an FRA-certified
positive train control (PTC) system, FRA
is publishing this notice and inviting
public comment on the railroad’s RFA
to its PTCSP.
DATES: FRA will consider comments
received by February 28, 2022. FRA may
consider comments received after that
date to the extent practicable and
without delaying implementation of
valuable or necessary modifications to a
PTC system.
ADDRESSES:
Comments: Comments may be
submitted by going to https://
www.regulations.gov and following the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and the
jspears on DSK121TN23PROD with NOTICES1
SUMMARY:
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applicable docket number. The relevant
PTC docket number for this host
railroad is Docket No. FRA–2010–0033.
For convenience, all active PTC dockets
are hyperlinked on FRA’s website at
https://railroads.dot.gov/train-control/
ptc/ptc-annual-and-quarterly-reports.
All comments received will be posted
without change to https://
www.regulations.gov; this includes any
personal information.
FOR FURTHER INFORMATION CONTACT:
Gabe Neal, Staff Director, Signal, Train
Control, and Crossings Division,
telephone: 816–516–7168, email:
Gabe.Neal@dot.gov.
SUPPLEMENTARY INFORMATION: In general,
Title 49 United States Code (U.S.C.)
section 20157(h) requires FRA to certify
that a host railroad’s PTC system
complies with 49 CFR part 236, subpart
I, before the technology may be operated
in revenue service. Before making
certain changes to an FRA-certified PTC
system or the associated FRA-approved
PTCSP, a host railroad must submit, and
obtain FRA’s approval of, an RFA to its
PTCSP under Title 49 Code of Federal
Regulations (CFR) Section 236.1021.
Under 49 CFR 236.1021(e), FRA’s
regulations provide that FRA will
publish a notice in the Federal Register
and invite public comment in
accordance with 49 CFR part 211, if an
RFA includes a request for approval of
a material modification of a signal and
train control system. Accordingly, this
notice informs the public that on
January 14, 2022, NJT submitted an RFA
to its PTCSP for its Advanced Speed
Enforcement System II (ASES II) and
that RFA is available in Docket No.
FRA–2010–0033.
Interested parties are invited to
comment on NJT’s RFA to its PTCSP by
submitting written comments or data.
During FRA’s review of this railroad’s
RFA, FRA will consider any comments
or data submitted within the timeline
specified in this notice and to the extent
practicable, without delaying
implementation of valuable or necessary
modifications to a PTC system. See 49
CFR 236.1021; see also 49 CFR
236.1011(e). Under 49 CFR 236.1021,
FRA maintains the authority to approve,
approve with conditions, or deny a
railroad’s RFA to its PTCSP at FRA’s
sole discretion.
Privacy Act Notice
In accordance with 49 CFR 211.3,
FRA solicits comments from the public
to better inform its decisions. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to https://
www.regulations.gov, as described in
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the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov. To facilitate comment
tracking, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. If you
wish to provide comments containing
proprietary or confidential information,
please contact FRA for alternate
submission instructions.
Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and
Technology.
[FR Doc. 2022–02512 Filed 2–4–22; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0006]
Request for Information for the
Corridor Identification and
Development Program
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Request for information (RFI).
AGENCY:
On November 15, 2021,
President Biden signed into law the
Infrastructure Investment and Jobs Act,
also known as the Bipartisan
Infrastructure Law (BIL). The BIL
provides historic appropriations for
railroad transportation grant programs
administered by the Federal Railroad
Administration (FRA), and also
authorizes new programs to enhance rail
safety and to repair, restore, improve,
and expand the nation’s rail network.
Among those new programs is the
Corridor Identification and
Development Program (the Program),
which creates a new framework to
facilitate the development of new,
enhanced, and restored intercity
passenger rail corridors throughout the
country. The BIL requires the Secretary
of Transportation to establish the
Program within 180 days of enactment
(i.e., May 14, 2022). This responsibility
is delegated to FRA. In this request for
information (RFI), FRA is seeking
comments on the Program and how it
can best serve stakeholders and the
public in facilitating the development of
intercity passenger rail corridors.
DATES: Written comments on this RFI
must be received on or before March 9,
SUMMARY:
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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices
2022. FRA will consider comments filed
after this date to the extent practicable.
ADDRESSES: Comments should refer to
docket number FRA–2022–0006 and be
submitted by at https://
www.regulations.gov. Search by using
the docket number and follow the
instructions for submitting comments.
Instructions: All submissions must
include the agency name and docket
number for this RFI.
Note: All comments received, including
any personal information, will be posted
without change to the docket and will be
accessible to the public at https://
www.regulations.gov. You should not include
information in your comment that you do not
want to be made public. Input submitted
online via www.regulations.gov is not
immediately posted to the site. It may take
several business days before your submission
is posted.
For
further information related to this RFI,
please contact Peter Schwartz, Chief,
Project Engineering and Transportation
Planning Division, by email:
PaxRailDev@dot.gov or by telephone:
202–493–6360.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
jspears on DSK121TN23PROD with NOTICES1
Background
The Program is intended to facilitate
the development of intercity passenger
rail corridors. Public Law 117–58 sec.
22308 (Nov. 15, 2021); 49 U.S.C.
25101(a) (while this citation may not yet
be available in some online versions of
the U.S. Code, the text may be found at
https://www.congress.gov/117/plaws/
publ58/PLAW-117publ58.pdf at 135
STAT. 730). The Program includes: (1)
A process for eligible entities to submit
proposals for the development of
intercity passenger rail corridors; (2) a
process for FRA to review and select
such proposals; (3) criteria for
determining the level of readiness for
Federal financial assistance of intercity
passenger rail corridors; (4) a process for
preparing service development plans
(SDPs); (5) the creation of a pipeline of
intercity passenger rail corridor projects;
(6) planning guidance; and (7) such
other features as FRA considers
relevant. 49 U.S.C. 25101(a)(1)–(7).
FRA seeks information from all those
interested in the Program on how the
Program should be implemented to best
facilitate the development of intercity
passenger rail corridors. Where
available and appropriate, FRA requests
that respondents provide relevant
technical information, statutory or
regulatory citations, data, or other
evidence to support their comments.
FRA also requests that responses to this
RFI be organized by the topics outlined
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17:36 Feb 04, 2022
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below, including references, as
applicable, to the numbered questions.
Respondents are encouraged to address
in their responses any topics they
believe to be relevant to the Program
and are not limited to addressing only
those topics and questions outlined
below.
Roles and Responsibilities Within the
Program
While FRA has a central role in the
administration of the Program, the BIL
also calls for important roles for other
parties—including States, Amtrak, host
railroads, labor organizations, and other
stakeholders—who typically have
responsibilities in intercity passenger
rail development efforts. For example,
Amtrak, States, groups of States, entities
implementing interstate compacts,
regional passenger rail authorities,
regional planning organizations,
political subdivisions of a State,
federally recognized Tribes, and other
public entities, as determined by FRA,
are all eligible to submit proposals for
the development of intercity passenger
rail corridors under the Program. 49
U.S.C. 25101(b). In addition, in
partnering on the preparation of an SDP,
FRA must partner with the entity that
submitted the proposal, relevant States,
and Amtrak, as appropriate, and also
must consult with Amtrak, appropriate
State and regional transportation
authorities and local officials, employee
labor organizations, host railroads, and
other stakeholders, as determined by the
Secretary. 49 U.S.C. 25101(d) and (e).
1. What is the appropriate role for
Amtrak, in the submission and
development of proposals submitted by
other entities, for corridors that
currently are or would be intended to be
operated by Amtrak?
2. What are the appropriate roles for
FRA and other parties in the preparation
of SDPs under 49 U.S.C. 25101(d), or in
other Program activities?
Service Development Plans
As noted, for each intercity passenger
rail corridor selected for development
under the Program, FRA must partner
with the entity that submitted the
proposal, relevant States, and Amtrak,
as appropriate, to prepare an SDP (or to
update an existing SDP). 49 U.S.C.
25101(d). As further detailed in the
statute, the SDP must include: (1) A
detailed description of the proposed
intercity passenger rail service; (2) a
corridor project inventory, identifying
the capital projects necessary to achieve
the proposed intercity passenger rail
service and the order in which Federal
funding will be sought; (3) a schedule,
and any associated phasing, of projects
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6939
and related service initiation or changes;
(4) project sponsors and other entities
expected to participate in carrying out
the plan; (5) a description of how the
corridor would comply with Federal rail
safety and security laws, orders, and
regulations; (6) the locations of existing
and proposed stations; (7) the needs for
rolling stock and other equipment; (8) a
financial plan; (9) a description of how
the corridor would contribute to the
development of a multi-State regional
network of intercity passenger rail; (10)
an intermodal plan; (11) a description of
the anticipated environmental benefits;
and (12) a description of the corridor’s
impacts on highway and aviation
congestion, energy consumption, land
use, and economic development. 49
U.S.C. 25101(d)(1)–(12).
3. Where permissible, should SDPs
under the Program have the option to be
prepared as longer-range planning
documents, so that the implementation
of the new or improved service (through
the implementation of the projects
included in the ‘‘corridor project
inventory,’’ and advancement of such
projects into the project pipeline) may
be sequenced or phased over time?
4. Where permissible, should SDPs
under the Program develop and narrow
alternatives for implementing a new or
improved service through the use of a
planning process undertaken in advance
of environmental review under the
National Environmental Policy Act
(NEPA) (e.g., in a manner similar to that
applicable to highway and transit
projects under appendix A to 23 CFR
part 450—Linking the Transportation
Planning and NEPA Processes)?
5. How should public involvement
and environmental considerations be
incorporated into the preparation of
SDPs under the Program, and how
might that vary depending on whether
or not SDPs develop and narrow
alternatives (as described in Question
#4)?
6. 49 U.S.C. 25101(e) requires that
FRA consult with certain stakeholders
in the preparation of SDPs under the
Program. What approaches could FRA
take to ensure the consultation process
is effective and meaningful?
Project Pipeline
As noted above, under the Program,
FRA must annually submit a project
pipeline to Congress that, as further
detailed in the statute: (1) Identifies
intercity passenger rail corridors
selected for development; (2) identifies
capital projects for Federal investment;
(3) specifies the order in which FRA
would provide financial assistance,
including a method and plan for
apportioning funds; (4) takes into
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6940
Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices
consideration the appropriate sequence
and phasing of projects; (5) takes into
consideration the existing commitments
and anticipated funding levels; (6) is
prioritized based on the level of
readiness of the corridor; and (7) reflects
consultation with Amtrak. 49 U.S.C.
25101(g)(1)–(7). The statute does not
specify what level of development
should be achieved prior to identifying
a capital project for Federal investment
in the pipeline.
7. Should capital projects identified
in the project pipeline be required to be
ready for immediate implementation
(i.e., final design and construction), and
be supported by a completed
environmental determination under
NEPA, completed preliminary
engineering, and (as applicable)
agreements with the relevant host
railroad(s)?
8. If a capital project must be ready for
immediate implementation in order to
be included in the project pipeline (see
Question #7), should FRA establish a
‘‘pre-Pipeline’’ of projects that have
been identified in the ‘‘corridor project
inventories’’ included in the SDPs
prepared under 49 U.S.C. 25101(d), and
that are in the process of being readied
for implementation (e.g., in the process
of environmental review under NEPA,
undergoing completion of preliminary
engineering, etc.), but which are not
ready for implementation?
9. Through what means, and in
consideration of what factors (beyond
those enumerated in 49 U.S.C.
25101(g)(4)–(7)), should FRA establish
the order (or prioritization) of the list of
capital projects eligible for funding
identified under the project pipeline, as
called for in 49 U.S.C. 25101(g)(3)?
jspears on DSK121TN23PROD with NOTICES1
Funding of Program Activities
The BIL makes funding available to
carry out planning and development
activities related to the Program. Public
Law 117–58 22307; 49 U.S.C. 24911(k).
The statute includes three examples of
activities that may be undertaken using
this funding, including: (1) Providing
funding to public entities for the
development of SDPs selected under the
Program; (2) facilitating and providing
guidance for intercity passenger rail
systems planning; and (3) providing
funding for the development and
refinement of intercity passenger rail
systems planning analytical tools and
models. 49 U.S.C. 24911(k)(1)–(3). The
statute does not limit the use of such
funding to these three examples.
10. What other Program activities
should be undertaken with the support
of funding provided under 49 U.S.C.
24911(k)?
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17:36 Feb 04, 2022
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Readiness of Proposals for Selection
into the Program
The statute specifies criteria for the
selection of corridors for the Program.
However, these criteria do not fully
address the readiness of a proposed
corridor for development under the
Program.
11. Should FRA consider readiness
factors not otherwise described in the
statute when evaluating proposals
submitted for the Program, and if so,
what factors would be relevant in
assessing readiness?
12. In determining the readiness of a
proposal, should FRA consider the
degree of commitment to the eventual
implementation of the proposal
demonstrated by: (1) The entity
submitting the proposal, (2) the
proposed service sponsor(s), and/or (3)
the proposed capital project sponsor(s)?
Criteria for the Selection of Proposals
When selecting intercity passenger
rail corridors for the Program, FRA must
consider fourteen specific criteria. 49
U.S.C. 25101(c).
13. Of the fourteen selection criteria
enumerated in 49 U.S.C. 25101(c), are
certain criteria of greater importance to
the successful development of an
intercity passenger rail corridor?
14. What other considerations may be
appropriate in evaluating proposals for
corridors to be developed under the
Program?
Selectivity of the Program
FRA must solicit and select intercity
passenger rail corridor proposals for
development under the Program, and
must partner with the entity that
submitted the proposal to prepare an
SDP for a selected proposal. While FRA
must apply certain corridor selection
criteria, the statute does not address the
selectivity of the Program.
15. In general, how selective should
the Program be, particularly during the
period directly following its
establishment? Should all proposals that
meet a minimum threshold be selected
for development under the Program, or
should only a limited number of top
proposals be selected, and if so, why?
16. What considerations are relevant
for determining the selectivity of the
Program?
Issued in Washington, DC
Paul Nissenbaum,
Associate Administrator, Office of Railroad
Policy and Development.
[FR Doc. 2022–02450 Filed 2–4–22; 8:45 am]
BILLING CODE 4910–06–P
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice To Solicit Transit Advisory
Committee for Safety Member
Applications
Federal Transit Administration,
Department of Transportation.
ACTION: Notice to Solicit Transit
Advisory Committee for Safety Member
Applications.
AGENCY:
The Federal Transit
Administration (FTA) is seeking
applications for individuals to serve as
members, for two-year terms, on the
Transit Advisory Committee for Safety
(TRACS). The TRACS provides
information, advice, and
recommendations to the U.S. Secretary
of Transportation (Secretary) and FTA
Administrator (Administrator) in
response to tasks assigned to TRACS.
The TRACS does not exercise program
management responsibilities and makes
no decisions directly affecting the
programs on which it provides advice.
The Secretary may accept or reject a
recommendation made by TRACS and is
not bound to pursue any
recommendation from TRACS.
DATES: Interested persons must submit
their applications to FTA by March 9,
2022.
FOR FURTHER INFORMATION CONTACT:
Joseph DeLorenzo, TRACS Designated
Federal Officer, Associate
Administrator, FTA Office of Transit
Safety and Oversight, (202) 366–1783,
Joseph.DeLorenzo@dot.gov; or Bridget
Zamperini, TRACS Program Manager,
FTA Office of Transit Safety and
Oversight, TRACS@dot.gov. Please
address all mail to the Office of Transit
Safety and Oversight, Federal Transit
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTAL INFORMATION:
SUMMARY:
Nominations
FTA invites qualified individuals
interested in serving on TRACS to apply
to FTA for appointment. The
Administrator will recommend
nominees for appointment by the
Secretary. Appointments are for twoyear terms; however, a member may
reapply to serve additional terms, in the
event that the TRACS Charter is
renewed. Applicants should be
knowledgeable of trends and issues
related to rail transit and/or bus transit
safety. Along with their experience in
the rail transit and/or bus transit
industry, applicants will also be
evaluated and selected based on factors
E:\FR\FM\07FEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6938-6940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02450]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2022-0006]
Request for Information for the Corridor Identification and
Development Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Request for information (RFI).
-----------------------------------------------------------------------
SUMMARY: On November 15, 2021, President Biden signed into law the
Infrastructure Investment and Jobs Act, also known as the Bipartisan
Infrastructure Law (BIL). The BIL provides historic appropriations for
railroad transportation grant programs administered by the Federal
Railroad Administration (FRA), and also authorizes new programs to
enhance rail safety and to repair, restore, improve, and expand the
nation's rail network. Among those new programs is the Corridor
Identification and Development Program (the Program), which creates a
new framework to facilitate the development of new, enhanced, and
restored intercity passenger rail corridors throughout the country. The
BIL requires the Secretary of Transportation to establish the Program
within 180 days of enactment (i.e., May 14, 2022). This responsibility
is delegated to FRA. In this request for information (RFI), FRA is
seeking comments on the Program and how it can best serve stakeholders
and the public in facilitating the development of intercity passenger
rail corridors.
DATES: Written comments on this RFI must be received on or before March
9,
[[Page 6939]]
2022. FRA will consider comments filed after this date to the extent
practicable.
ADDRESSES: Comments should refer to docket number FRA-2022-0006 and be
submitted by at https://www.regulations.gov. Search by using the docket
number and follow the instructions for submitting comments.
Instructions: All submissions must include the agency name and
docket number for this RFI.
Note: All comments received, including any personal
information, will be posted without change to the docket and will be
accessible to the public at https://www.regulations.gov. You should
not include information in your comment that you do not want to be
made public. Input submitted online via www.regulations.gov is not
immediately posted to the site. It may take several business days
before your submission is posted.
FOR FURTHER INFORMATION CONTACT: For further information related to
this RFI, please contact Peter Schwartz, Chief, Project Engineering and
Transportation Planning Division, by email: [email protected] or by
telephone: 202-493-6360.
SUPPLEMENTARY INFORMATION:
Background
The Program is intended to facilitate the development of intercity
passenger rail corridors. Public Law 117-58 sec. 22308 (Nov. 15, 2021);
49 U.S.C. 25101(a) (while this citation may not yet be available in
some online versions of the U.S. Code, the text may be found at https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf at 135 STAT.
730). The Program includes: (1) A process for eligible entities to
submit proposals for the development of intercity passenger rail
corridors; (2) a process for FRA to review and select such proposals;
(3) criteria for determining the level of readiness for Federal
financial assistance of intercity passenger rail corridors; (4) a
process for preparing service development plans (SDPs); (5) the
creation of a pipeline of intercity passenger rail corridor projects;
(6) planning guidance; and (7) such other features as FRA considers
relevant. 49 U.S.C. 25101(a)(1)-(7).
FRA seeks information from all those interested in the Program on
how the Program should be implemented to best facilitate the
development of intercity passenger rail corridors. Where available and
appropriate, FRA requests that respondents provide relevant technical
information, statutory or regulatory citations, data, or other evidence
to support their comments. FRA also requests that responses to this RFI
be organized by the topics outlined below, including references, as
applicable, to the numbered questions. Respondents are encouraged to
address in their responses any topics they believe to be relevant to
the Program and are not limited to addressing only those topics and
questions outlined below.
Roles and Responsibilities Within the Program
While FRA has a central role in the administration of the Program,
the BIL also calls for important roles for other parties--including
States, Amtrak, host railroads, labor organizations, and other
stakeholders--who typically have responsibilities in intercity
passenger rail development efforts. For example, Amtrak, States, groups
of States, entities implementing interstate compacts, regional
passenger rail authorities, regional planning organizations, political
subdivisions of a State, federally recognized Tribes, and other public
entities, as determined by FRA, are all eligible to submit proposals
for the development of intercity passenger rail corridors under the
Program. 49 U.S.C. 25101(b). In addition, in partnering on the
preparation of an SDP, FRA must partner with the entity that submitted
the proposal, relevant States, and Amtrak, as appropriate, and also
must consult with Amtrak, appropriate State and regional transportation
authorities and local officials, employee labor organizations, host
railroads, and other stakeholders, as determined by the Secretary. 49
U.S.C. 25101(d) and (e).
1. What is the appropriate role for Amtrak, in the submission and
development of proposals submitted by other entities, for corridors
that currently are or would be intended to be operated by Amtrak?
2. What are the appropriate roles for FRA and other parties in the
preparation of SDPs under 49 U.S.C. 25101(d), or in other Program
activities?
Service Development Plans
As noted, for each intercity passenger rail corridor selected for
development under the Program, FRA must partner with the entity that
submitted the proposal, relevant States, and Amtrak, as appropriate, to
prepare an SDP (or to update an existing SDP). 49 U.S.C. 25101(d). As
further detailed in the statute, the SDP must include: (1) A detailed
description of the proposed intercity passenger rail service; (2) a
corridor project inventory, identifying the capital projects necessary
to achieve the proposed intercity passenger rail service and the order
in which Federal funding will be sought; (3) a schedule, and any
associated phasing, of projects and related service initiation or
changes; (4) project sponsors and other entities expected to
participate in carrying out the plan; (5) a description of how the
corridor would comply with Federal rail safety and security laws,
orders, and regulations; (6) the locations of existing and proposed
stations; (7) the needs for rolling stock and other equipment; (8) a
financial plan; (9) a description of how the corridor would contribute
to the development of a multi-State regional network of intercity
passenger rail; (10) an intermodal plan; (11) a description of the
anticipated environmental benefits; and (12) a description of the
corridor's impacts on highway and aviation congestion, energy
consumption, land use, and economic development. 49 U.S.C. 25101(d)(1)-
(12).
3. Where permissible, should SDPs under the Program have the option
to be prepared as longer-range planning documents, so that the
implementation of the new or improved service (through the
implementation of the projects included in the ``corridor project
inventory,'' and advancement of such projects into the project
pipeline) may be sequenced or phased over time?
4. Where permissible, should SDPs under the Program develop and
narrow alternatives for implementing a new or improved service through
the use of a planning process undertaken in advance of environmental
review under the National Environmental Policy Act (NEPA) (e.g., in a
manner similar to that applicable to highway and transit projects under
appendix A to 23 CFR part 450--Linking the Transportation Planning and
NEPA Processes)?
5. How should public involvement and environmental considerations
be incorporated into the preparation of SDPs under the Program, and how
might that vary depending on whether or not SDPs develop and narrow
alternatives (as described in Question #4)?
6. 49 U.S.C. 25101(e) requires that FRA consult with certain
stakeholders in the preparation of SDPs under the Program. What
approaches could FRA take to ensure the consultation process is
effective and meaningful?
Project Pipeline
As noted above, under the Program, FRA must annually submit a
project pipeline to Congress that, as further detailed in the statute:
(1) Identifies intercity passenger rail corridors selected for
development; (2) identifies capital projects for Federal investment;
(3) specifies the order in which FRA would provide financial
assistance, including a method and plan for apportioning funds; (4)
takes into
[[Page 6940]]
consideration the appropriate sequence and phasing of projects; (5)
takes into consideration the existing commitments and anticipated
funding levels; (6) is prioritized based on the level of readiness of
the corridor; and (7) reflects consultation with Amtrak. 49 U.S.C.
25101(g)(1)-(7). The statute does not specify what level of development
should be achieved prior to identifying a capital project for Federal
investment in the pipeline.
7. Should capital projects identified in the project pipeline be
required to be ready for immediate implementation (i.e., final design
and construction), and be supported by a completed environmental
determination under NEPA, completed preliminary engineering, and (as
applicable) agreements with the relevant host railroad(s)?
8. If a capital project must be ready for immediate implementation
in order to be included in the project pipeline (see Question #7),
should FRA establish a ``pre-Pipeline'' of projects that have been
identified in the ``corridor project inventories'' included in the SDPs
prepared under 49 U.S.C. 25101(d), and that are in the process of being
readied for implementation (e.g., in the process of environmental
review under NEPA, undergoing completion of preliminary engineering,
etc.), but which are not ready for implementation?
9. Through what means, and in consideration of what factors (beyond
those enumerated in 49 U.S.C. 25101(g)(4)-(7)), should FRA establish
the order (or prioritization) of the list of capital projects eligible
for funding identified under the project pipeline, as called for in 49
U.S.C. 25101(g)(3)?
Funding of Program Activities
The BIL makes funding available to carry out planning and
development activities related to the Program. Public Law 117-58 22307;
49 U.S.C. 24911(k). The statute includes three examples of activities
that may be undertaken using this funding, including: (1) Providing
funding to public entities for the development of SDPs selected under
the Program; (2) facilitating and providing guidance for intercity
passenger rail systems planning; and (3) providing funding for the
development and refinement of intercity passenger rail systems planning
analytical tools and models. 49 U.S.C. 24911(k)(1)-(3). The statute
does not limit the use of such funding to these three examples.
10. What other Program activities should be undertaken with the
support of funding provided under 49 U.S.C. 24911(k)?
Readiness of Proposals for Selection into the Program
The statute specifies criteria for the selection of corridors for
the Program. However, these criteria do not fully address the readiness
of a proposed corridor for development under the Program.
11. Should FRA consider readiness factors not otherwise described
in the statute when evaluating proposals submitted for the Program, and
if so, what factors would be relevant in assessing readiness?
12. In determining the readiness of a proposal, should FRA consider
the degree of commitment to the eventual implementation of the proposal
demonstrated by: (1) The entity submitting the proposal, (2) the
proposed service sponsor(s), and/or (3) the proposed capital project
sponsor(s)?
Criteria for the Selection of Proposals
When selecting intercity passenger rail corridors for the Program,
FRA must consider fourteen specific criteria. 49 U.S.C. 25101(c).
13. Of the fourteen selection criteria enumerated in 49 U.S.C.
25101(c), are certain criteria of greater importance to the successful
development of an intercity passenger rail corridor?
14. What other considerations may be appropriate in evaluating
proposals for corridors to be developed under the Program?
Selectivity of the Program
FRA must solicit and select intercity passenger rail corridor
proposals for development under the Program, and must partner with the
entity that submitted the proposal to prepare an SDP for a selected
proposal. While FRA must apply certain corridor selection criteria, the
statute does not address the selectivity of the Program.
15. In general, how selective should the Program be, particularly
during the period directly following its establishment? Should all
proposals that meet a minimum threshold be selected for development
under the Program, or should only a limited number of top proposals be
selected, and if so, why?
16. What considerations are relevant for determining the
selectivity of the Program?
Issued in Washington, DC
Paul Nissenbaum,
Associate Administrator, Office of Railroad Policy and Development.
[FR Doc. 2022-02450 Filed 2-4-22; 8:45 am]
BILLING CODE 4910-06-P
