Notice2022-13747
Guidance on Development and Implementation of Railroad Capital Projects
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes guidance on the development and implementation of railroad capital projects that are funded, in whole or in part, by FRA. FRA seeks comment from the public on the content and application of the proposed guidance ("guidance"), which is available for review at https://regulations.gov under docket number FRA-2022-0035.
Full Text
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<title>Federal Register, Volume 87 Issue 123 (Tuesday, June 28, 2022)</title>
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[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38451-38452]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13747]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2022-0035]
Guidance on Development and Implementation of Railroad Capital
Projects
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed guidance.
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SUMMARY: FRA proposes guidance on the development and implementation of
railroad capital projects that are funded, in whole or in part, by FRA.
FRA seeks comment from the public on the content and application of the
proposed guidance (``guidance''), which is available for review at
<a href="https://regulations.gov">https://regulations.gov</a> under docket number FRA-2022-0035.
DATES: Comments are encouraged and will be accepted until August 12,
2022.
ADDRESSES: Comments should refer to docket number FRA-2022-0035 and be
submitted at <a href="https://regulations.gov">https://regulations.gov</a>. Search by using the docket number
and follow the instructions for submitting comments. All submissions
must include the agency name and docket number FRA-2022-0035.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact David Valenstein, Senior Advisor, Office of Infrastructure
Investment, by email: <a href="/cdn-cgi/l/email-protection#6c080d1a0508421a0d0009021f180905022c080318420b031a"><span class="__cf_email__" data-cfemail="096d687f606d277f68656c677a7d6c6067496d667d276e667f">[email protected]</span></a> or by telephone: 202-
493-6368.
SUPPLEMENTARY INFORMATION: FRA has identified the time-sensitive need
to establish clear practices and procedures for the development and
implementation of railroad capital projects through the issuance of
agency guidance. Over the next five years, the Infrastructure
Investment and Jobs Act (IIJA) (Pub. L. 117-58, also known as the
``Bipartisan Infrastructure Law'') will provide unprecedented Federal
funding for rail improvement projects in America. FRA intends for its
final guidance to assist project sponsors in developing effective
capital projects and to enhance the management of capital projects to
meet budgets and schedules.
The audience of the guidance includes project sponsors and
partners, as well as the wide range of professionals who contribute to
the planning, development, and implementation of railroad capital
projects. The guidance: (1) defines the stages in the railroad capital
project lifecycle and project development process from inception to
operation; (2) describes the project management tools, processes, and
documentation that FRA may require when providing grants that fund the
development or implementation of a railroad capital project; (3)
differentiates between Non-Major projects and Major projects by
defining a ``Major Project'' as a railroad capital project with an
estimated total project cost equal to or greater than $300 million and
with at least $100 million in total Federal assistance.
FRA intends to strongly encourage project sponsors to follow the
guidance when developing, implementing, and managing railroad capital
projects. FRA may use the guidance to inform its grant application
reviews and decisions in accordance with a process described in a
notice of funding opportunity for the relevant grant program, and may
require compliance with the guidance as part of grant agreements
funding railroad capital projects in accordance with 2 CFR parts 200
and 1201. The practices contained in the guidance draw from FRA's
experience and from established
[[Page 38452]]
programs of other DOT operating administrations that have enhanced the
delivery of major highway and transit projects.
FRA is seeking feedback on the following items:
<bullet> Definitions established in the guidance, particularly the
definitions of a Major Project and a Project Sponsor. FRA is proposing
a Major Project definition that is similar to the definition used by
the Federal Transit Administration (FTA). FRA's definition of Project
Sponsor accounts for the range of public and private applicants
eligible for FRA grant programs.
<bullet> The potential application of this guidance to railroad
projects receiving financing or funding under the credit and grant
programs administered by the DOT.
<bullet> Project Lifecycle Stages, including the FRA Project
Lifecycle Model and terminology in relationship to past FRA programs
and to the project lifecycle models of the FTA and Federal Highway
Administration (FHWA). FRA proposes a model consisting of six stages:
(1) Systems Planning, (2) Project Planning, (3) Project Development,
(4) Final Design, (5) Construction, and (6) Operation. FRA proposes
these terms for their clarity over other terminology such as FRA's past
term PE/NEPA for the third stage. FHWA has described a normal lifecycle
for highway projects following five phases: (1) planning, (2)
preliminary design and environmental review, (3) final design and
right-of-way acquisition, (4) construction, and (5) operation.\1\ FTA
follows another similar model for the Capital Investment Grant Program
which requires three steps after completion of planning: (1) Project
Development, (2) Engineering, and (3) Construction.
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\1\ <a href="https://highways.dot.gov/public-roads/julyaugust-2004/life-cycle-continuum">https://highways.dot.gov/public-roads/julyaugust-2004/life-cycle-continuum</a>, Accessed April 21, 2022.
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<bullet> The completion measures for the Project Planning, Project
Development, Final Design, and Construction lifecycle stages,
particularly the milestone activities relating to planning,
engineering/design, environmental review, and project management tools.
<bullet> The four project management tools featured and how they
are described, including the differences between Non-Major and Major
projects.
<bullet> The lifecycle progression of project delivery planning and
implementation including consideration of public-private partnerships
and innovative procurements. The lifecycle model describes initial
Project Sponsor consideration of delivery for Major Projects during the
Project Planning stage and progressive refinement in later stages.
<bullet> Any other suggestions for enhancing the guidance.
Privacy Act
FRA is soliciting comments from the public to better inform its
guidance process. FRA posts these comments, without edit, including any
personal information the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>. In order to facilitate comment
tracking and response, we encourage commenters to provide their name,
or the name of their organization; however, submission of names is
completely optional. Whether or not commenters identify themselves, all
timely comments will be fully considered. If you wish to provide
comments containing proprietary or confidential information, please
contact the agency for alternate submission instructions.
Issued in Washington, DC.
Paul Nissenbaum,
Associate Administrator, Office of Railroad Policy and Development.
[FR Doc. 2022-13747 Filed 6-27-22; 8:45 am]
BILLING CODE 4910-06-P
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