Notice2022-02450
Request for Information for the Corridor Identification and Development Program
Primary source
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Published
February 7, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 25 (Monday, February 7, 2022)</title>
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[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6938-6940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02450]
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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).
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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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. You should
not include information in your comment that you do not want to be
made public. Input submitted online via <a href="http://www.regulations.gov">www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#3f6f5e476d5e56537b5a497f5b504b11585049"><span class="__cf_email__" data-cfemail="7a2a1b02281b13163e1f0c3a1e150e541d150c">[email protected]</span></a> 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 <a href="https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf">https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf</a> 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
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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
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