Office of the Secretary of Transportation – Federal Register Recent Federal Regulation Documents

This Notice of Funding Opportunity (``NOFO'') for the RRIF Express Pilot Program (``RRIF Express'') expands the ability of eligible borrowers to access funds by removing the caps on Cost Assistance for advisor fees and Credit Risk Premium (``CRP'') Assistance, provides greater flexibility by allowing unaudited financial statements in lieu of audited financial statements in certain circumstances, and makes other clarifications. The NOFO also implements a sunset date of December 1, 2023. Following the sunset date, this NOFO will expire, and all benefits made available in this Notice will become available to any eligible RRIF borrower, consistent with existing law. All projects that were previously eligible for RRIF Express financing remain eligible under this NOFO. The original NOFO with modifications is in the SUPPLEMENTARY INFORMATION section.

The OST has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of a new information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 2, 2022. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The purpose of this notice is to solicit applications for three funding opportunities: The National Infrastructure Project Assistance grants program (Mega), the Nationally Significant Multimodal Freight and Highways Projects grants program (INFRA), and the Rural Surface Transportation Grant program (Rural). While applicants can choose to apply for only one grant program, this combined solicitation will allow applicants to apply for two, or all three of these funding opportunities by submitting only one application. It also aims to better enable the Department to proactively assist project sponsors in matching projects with the most appropriate grant program(s) and facilitate individual projects in potentially receiving funding from multiple grant programs. Funds for the INFRA, Mega, and Rural funding opportunities will be awarded on a competitive basis for surface transportation infrastructure projectsincluding highway and bridge, intercity passenger rail, railway-highway grade crossing or separation, wildlife crossing, public transportation, marine highway, and freight projects, or groups of such projectswith significant national or regional impact, or to improve and expand the surface transportation infrastructure in rural areas.

The U.S. Department of Transportation (DOT or we) announces that it is holding virtual Tribal consultation with American Indian and Alaskan Native Tribes on its implementation of Executive Order 13175 of November 6, 2000, consistent with the Presidential Memorandum of January 26, 2021. We also announce the establishment of a docket to receive comments on our Tribal consultation policies and practices. Testimony presented at these Tribal consultations will be considered by DOT in formulating its plan of actions in response to the Presidential Memorandum of January 26, 2021. We will host a virtual Tribal consultation on March 24, 2021.

The Department is proposing to update the method of collecting and processing aviation traffic data in the Origin-Destination Survey of Airline Passenger Traffic (O&D Survey), as well as to expand the number of reporting air carriers, the sample size collected, and the scope of the data reported. These changes would align the current O&D Survey with modern industry business and accounting practices, enable cost savings, reduce burden through automation, and provide enhanced utility for users of the data. In addition, DOT is proposing to change the timing of the release of the Form 41, Schedule T-100(f) ``Foreign Air Carrier Traffic Data by Nonstop Segment and On-flight Market'' from a 6-month delay to a 3-month delay to match that of Form 41, Schedule T-100 ``Air Carrier Traffic and Capacity Data by Non-Stop Segment and On-Flight Market.''

The U.S. Department of Transportation (DOT) proposes to update and codify its internal order establishing the responsibilities and procedures for complying with the National Environmental Policy Act (NEPA), currently found in DOT Order 5610.1C, ``Procedures for Considering Environmental Impacts,'' which was issued in 1979 and last updated in 1985. This proposal would update the DOT NEPA procedures in response to the Council on Environmental Quality's (CEQ's) final rule updating its NEPA procedures and also incorporate provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); Moving Ahead for Progress in the 21st Century Act (MAP-21); and the Fixing America's Surface Transportation (FAST) Act related to the Department's environmental review process. This proposed rule would modernize the Department's procedures and promote collaboration and efficiency in the implementation of NEPA. Finally, this proposal would also update the list of the Department's categorical exclusions consistent with the CEQ's regulations implementing NEPA.

This notice modifies the pilot Railroad Rehabilitation and Improvement Financing (``RRIF'') Express Program (``RRIF Express'') aimed at increasing access to the RRIF program by short line and regional railroads. Specifically, this notice: 1. Clarifies dates and responsibilities of applicants who have submitted RRIF Express Letters of Interest between January 13, 2020 and the date of this notice (Section DATES) 2. Offers an alternative to the current requirement for five years of audited financial statements, allowing for audits of the two most recent years' financial statements. If this option is selected, applicants must produce five years of (non-audited) financial statements plus a self-certification from the applicant that they will provide the most recent two years of audited financial statements within 60 days of submitting the LOI and supporting materials (Section IV(iv)). 3. Resets the 90-day application period to begin on the date that this revision is posted in the Federal Register (Section DATES) The original NOFO with modifications follows. The RRIF Express Program will be administered by the DOT's National Surface Transportation and Innovative Finance Bureau (the ``Build America Bureau'' or ``Bureau''). The overall RRIF program finances development of railroad infrastructure, and is authorized to have up to $35 billion in outstanding principal amounts from direct loans and loan guarantees at any one time. The 2018 Consolidated Appropriations Act \1\ appropriated $25 million in budget authority to the DOT to cover the cost to the Federal Government (``the Government'') of RRIF credit assistance (Credit Risk Premium (``CRP'') Assistance or ``CRP Assistance''). Additionally, the 2016 Consolidated Appropriations Act \2\ and the 2018 Consolidated Appropriations Act \3\ provided $1.96 million and $350,000, respectively (of which approximately $1 million remains available), to the DOT to fund certain expenses incurred by prospective RRIF borrowers in preparation of their applications for RRIF credit assistance (this approximately $1 million assistance, collectively, ``Cost Assistance''). Using existing authorities and these new budget authorities, the DOT has established the RRIF Express Program.

This final rule rescinds DOT regulations regarding aircraft allocation from the Code of Federal Regulations. The regulations prescribe procedures for the allocation of aircraft to the Civil Reserve Air Fleet (CRAF) program. The Department of Transportation (the Department or DOT) has concluded that the regulations are unnecessary and obsolete because they are inconsistent with the contractual nature of the current CRAF program and the Department's current procedures for allocation of civil transportation resources under the Defense Production Act.

This notice announces the availability of two U.S. Department of Transportation interim policies for public comment: (1) Page Limits for National Environmental Policy Act Documents and Focused Analyses and (2) Application of the One Federal Decision Process to DOT Projects. DOT anticipates that the Page Limits memorandum will improve the quality of environmental documentation while reducing the length of these documents. The One Federal Decision memorandum will provide direction on how and when to apply the One Federal Decision process to DOT projects.

The purpose of this notice is to inform the public that the U.S. Department of Transportation (DOT) is planning to hold a conference entitled Traffic Safety and the 5.9 GHz Spectrum on June 3, 2019 to seek input regarding Vehicle-to-Everything (V2X) Communications. This event is a critical element for the Department in identifying areas of common ground that can assist deployers and investors in V2X technologies in advancing the use of the 5.9 GHz spectrum for traffic safety and congestion mitigation. The Department seeks to gain a greater understanding of industry leaders' current and future investment strategies, as well as potential considerations for efficient use of spectrum that will foster greater opportunities for some level of interoperability and compatibility moving forward.

The Consolidated Appropriations Act, 2019 (``FY 2019 Appropriations Act'') appropriated $900 million to be awarded by the Department of Transportation (``DOT'') for National Infrastructure Investments. This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ``Recovery Act'') and is known as the Better Utilizing Investments to Leverage Development, or ``BUILD Transportation grants,'' program. Funds for the FY 2019 BUILD Transportation grants program are to be awarded on a competitive basis for surface transportation infrastructure projects that will have a significant local or regional impact. The purpose of this notice is to solicit applications for BUILD Transportation grants.

The U.S. Department of Transportation (Department or DOT) is reviewing its existing guidance documents to evaluate their continued necessity and determine whether they need to be updated or revised. As part of this review, the Department invites the public to identify and provide input on existing guidance documents that are good candidates for repeal, replacement, or modification. In addition, the Federal Motor Carrier Safety Administration (FMCSA) will publish a separate notice in the Federal Register inviting public comment on specific actions that FMCSA would like to take on FMCSA guidance documents dealing with commercial drivers' licenses.

The DOT invites the public and other Federal agencies to comment on a proposed vendor invoice submission change. DOT will submit the proposed information collection request to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. This notice sets forth new processes and procedures for vendors and grantees that submit invoices and receive payments for DOT Operating Administrations (OAs). Existing users of DOT's eInvoicing system, including grantees and vendors, will also be required to use Login.gov. DOT's objective is to improve efficiency and reduce unnecessary burden on vendors and grantees by eliminating existing manual processes for invoice entry, invoice approvals and user registration to reduce costs, increase timeliness of payments, and improve data quality. Introducing e-authentication to facilitate user validation and account management will greatly reduce the burden on vendors and grantees by eliminating the current paper based registration process. This electronic invoicing process is currently used by DOT's grantee community and was successfully piloted to select vendors.

The Consolidated Appropriations Act, 2018 (Pub. L. 115-141, March 23, 2018) (``FY 2018 Appropriations Act'' or the ``Act'') appropriated $1.5 billion to be awarded by the Department of Transportation (``DOT'' or the ``Department'') for National Infrastructure Investments. This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ``Recovery Act''). This program was previously known as the Transportation Investment Generating Economic Recovery, or ``TIGER Discretionary Grants,'' program and is now known as the Better Utilizing Investments to Leverage Development, or ``BUILD Transportation Discretionary Grants,'' program. Funds for the FY 2018 BUILD Transportation program are to be awarded on a competitive basis for projects that will have a significant local or regional impact. The purpose of this Final Notice is to solicit applications for BUILD Transportation Discretionary Grants.

The U.S. Department of Transportation (Department or DOT) is reviewing its existing regulations and other agency actions to evaluate their continued necessity, determine whether they are crafted effectively to solve current problems, and evaluate whether they potentially burden the development or use of domestically produced energy resources. As part of these reviews, the Department invites the public to provide input on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification. The Department may also hold a public meeting to discuss and consider comments from members of the public.

The Nationally Significant Freight and Highway Projects (INFRA) program provides Federal financial assistance to highway and freight projects of national or regional significance. This notice solicits applications for awards under the program's FY 2017 and FY 2018 funding, subject to future appropriations.

The Department of Transportation (DOT) has submitted an information collection request to the Office of Management and Budget (OMB) to renew an existing information collection. The information collection is used to allow entities to apply for TIFIA credit assistance and assists the DOT in evaluating projects and project sponsors for program eligibility and creditworthiness.

The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for business centered community-based organizations, transportation-related trade associations, colleges and universities, community colleges, or chambers of commerce, registered with the Internal Revenue Service as 501 C(6) or 501 C(3) tax-exempt organizations, to compete for participation in OSDBU's Small Business Transportation Resource Center (SBTRC) program in the South Atlantic Region (Virginia, West Virginia, North Carolina and Kentucky).

This RFI provides an outline for the potential use by the Federal Government of one or more Positioning, Navigation, and Timing (PNT) technologies to back up signals from the Global Positioning System (GPS) and to ensure resiliency of PNT for U.S. Critical Infrastructure (CI) operations. As a co-chair and member of the National Executive Committee for Space-based PNT, and a provider and user of U.S. critical infrastructure services, the Department of Transportation is investigating opportunities by which the Federal Government may make use of service(s) which can provide the necessary backup capability or capabilities to ensure PNT continuity for U.S. CI in the event of a temporary disruption in GPS availability. Further, as the lead civil agency for PNT in the Federal Government, the Department of Transportation is interested in leveraging PNT service technology initiatives under consideration or currently undertaken by industry. The Federal Government is presently documenting civil requirements for PNT capabilities to serve as the basis for potential future acquisition activity. The initial objective is to support sustainment of domestic CI timing continuity with the capability to extend service(s) in the future to provide positioning/navigation continuity as well.

The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for business centered community-based organizations, transportation-related trade associations, colleges and universities, community colleges, or chambers of commerce, registered with the Internal Revenue Service as 501 C(6) or 501 C(3) tax-exempt organizations, to compete for participation in OSDBU's Small Business Transportation Resource Center (SBTRC) program in the Great Lakes Region (Illinois, Indiana, Michigan, Ohio, and Wisconsin).

The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for, business centered community- based organizations, transportation-related trade associations, colleges and universities, community colleges, or chambers of commerce, registered with the Internal Revenue Service as 501C(6) or 501C(3) tax- exempt organizations, to compete for participation in OSDBU's Small Business Transportation Resource Center (SBTRC) program in the Southeast Region (Alabama, Florida, U.S. Virgin Islands, and Puerto Rico). OSDBU will enter into Cooperative Agreements with these organizations to provide outreach to the small business community in their designated region and provide financial and technical assistance, business training programs, business assessment, management training, counseling, marketing and outreach, and the dissemination of information, to encourage and assist small businesses to become better prepared to compete for, obtain, and manage DOT funded transportation- related contracts and subcontracts at the federal, state and local levels. Throughout this notice, the term ``small business'' will refer to: 8(a), small disadvantaged businesses (SDB), disadvantaged business enterprises (DBE), women owned small businesses (WOSB), HubZone, service disabled veteran owned businesses (SDVOB), and veteran owned small businesses (VOSB). Throughout this notice, ``transportation- related'' is defined as the maintenance, rehabilitation, restructuring, improvement, or revitalization of any of the nation's modes of transportation. Funding Opportunity Number: USDOT-OST-OSDBU/SBTRCSOUTHEAST-2016-1. Catalog of Federal Domestic Assistance (CFDA) Number: 20.910 Assistance to Small and Disadvantaged Businesses. Type of Award: Cooperative Agreement Grant. Award Ceiling: $170,000. Award Floor: $155,000. Program Authority: DOT is authorized under 49 U.S.C. 332(b)(4), (5) & (7) to design and carry out programs to assist small disadvantaged businesses in getting transportation-related contracts and subcontracts; develop support mechanisms, including management and technical services, that will enable small disadvantaged businesses to take advantage of those business opportunities; and to make arrangements to carry out the above purposes.

The Department of Transportation is soliciting proposals from communities or consortia of communities interested in receiving grants under the Small Community Air Service Development Program. The full text of the Department's order, including Appendices, is included in this Notice. As noted in the order, an application for a grant under this program must include a Grant Proposal of no more than 20 pages (one-sided only), a completed Application for Federal Domestic Assistance (SF424), a Summary Information Schedule, and any letters from the applicant community showing support.

Pursuant to the recently enacted Fixing America's Surface Transportation Act (the FAST Act), the DOT announces the availability of funding authorized in the amount of $1.435 billion ($275 million in Fiscal Year (FY) 2016 funds, $275 million in FY 2017 funds, $285 million in FY 2018 funds, $300 million in FY 2019 funds, and $300 million in FY 2020 funds (and any funds that may be available from prior fiscal years)) to provide TIFIA credit assistance for eligible projects. The FY 2016-2020 authorized funds are subject to an annual obligation limitation that may be established in appropriations law. The amount of TIFIA funding authority available in a given year may be less than the amount authorized for that fiscal year. Under TIFIA, the DOT provides secured (direct) loans, lines of credit, and loan guarantees to public and private applicants for eligible surface transportation projects. Projects must meet statutorily specified eligibility criteria to receive credit assistance. This notice outlines the process that project sponsors must follow in seeking TIFIA credit assistance. The DOT is publishing this notice to give project sponsors an opportunity to submit Letters of Interest for the newly authorized funding as soon as possible. However, in addition to authorizing funding for TIFIA credit assistance, the FAST Act made a number of changes to the TIFIA program's structure, including the terms and conditions pursuant to which the DOT can provide TIFIA credit assistance. This notice outlines certain changes made by the FAST Act and invites interested parties to submit comments about the DOT's implementation of the FAST Act and the DOT's guidance for awarding TIFIA credit assistance. Unless otherwise noted, statutory section references in this notice are to sections of title 23 of the U.S. Code, as amended by the FAST Act, which took effect as of October 1, 2015. Letter of Interest Submission: All project sponsors wishing to apply for TIFIA credit assistance must first submit a Letter of Interest, as more fully described in this notice of funding availability. Only after a project sponsor has submitted a Letter of Interest and demonstrated the satisfaction of all statutory eligibility requirements will the project sponsor be invited to submit an application. Letters of Interest will be received on a rolling basis using the form on the TIFIA Web site: https://www.transportation.gov/ tifia/applications.

The Consolidated Appropriations Act, 2016 (Pub. L. 114-113, December 18, 2015) (``FY 2016 Appropriations Act'' or the ``Act'') appropriated $500 million to be awarded by the Department of Transportation (``DOT'' or the ``Department'') for National Infrastructure Investments. This appropriation is similar, but not identical, to the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ``Recovery Act'') known as the Transportation Investment Generating Economic Recovery, or ``TIGER Discretionary Grants,'' program. Because of the similarity in program structure, DOT will continue to refer to the program as ``TIGER Discretionary Grants.'' Funds for the FY 2016 TIGER program (``TIGER FY 2016'') are to be awarded on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. The purpose of this final notice is to solicit applications for TIGER Discretionary Grants.

This notice details the adjustment made to the rail passenger transportation liability cap under section 11415 of the Fixing America's Surface Transportation (FAST) Act (December 7, 2015). As a result of the FAST Act, the rail passenger transportation liability cap is raised from $200,000,000 to $294,278,983.