49 CFR Part 268 — Magnetic Levitation Transportation Technology Deployment Program

PART 268—MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM Authority: 49 U.S.C. 322; 23 U.S.C. 322; 49 CFR 1.49. Source: 65 FR 2344, Jan. 14, 2000, unless otherwise noted. Subpart A—Overview § 268.1 Definitions. As used in this part— CMAQ Environmental assessment Environmental impact statement Eligible project costs Federal Maglev funds Full project costs Phase Maglev Maglev Deployment Program Partnership potential High Speed Ground Transportation for America (1) Private enterprise must be able to run on the corridor—once built and paid for—as a completely self-sustaining entity; and (2) The total benefits of a Maglev corridor must equal or exceed its total costs. STP TEA 21 § 268.3 Different phases of the Maglev Deployment Program. (a) The Maglev Deployment Program includes five phases, as described in paragraphs (b) through (f) of this section. The current projected timing for implementing these phases is indicated to assist applicants in planning their projects. All dates beyond the first date (the deadline for the submission of preconstruction planning applications) are for planning purposes only and are subject to change—including possible acceleration of deadlines—based on the progress of the Maglev Deployment Program; grantees will be notified accordingly. (b) Phase I—Competition for Planning Grants (Early October 1998—September 15, 1999) Description. (2) Timing of Major Milestones. (ii) May 24, 1999—FRA announces grantees for planning grants. (iii) August 31, 1999—FRA awards planning grants for the conduct of activities listed in Phase II. (c) Phase II—Project Description Development (July 1, 1999—June 30, 2000) Description. (2) Timing of Major Milestones. (ii) June 30, 2000—Deadline for submission of project descriptions and any related supporting reports needed by FRA for down-selection of one or more projects. (d) Phase III—Project Selection Process (July 1, 2000—September 30, 2000) Description. (2) Timing of Major Milestones. (e) Phase IV—Project Development and Completion of Site-specific EIS (October 1, 2000—November 30, 2001 Description. (2) Timing of Major Milestones. (ii) December 31, 2001—FRA will issue a Final Record of Decision on the site-specific EIS for the one selected project, confirming the project design. (f) Phase V—Completion of Detailed Engineering and Construction January 1, 2002 and beyond). § 268.5 Federal funding sources for the Maglev Deployment Program. (a) Federal Maglev Funds. (1) Contract authority. (2) Authorization for appropriations. (b) Other Federal funds. (c) Costs Incurred in Advance of Cooperative Agreement. § 268.7 Federal/State share and restrictions on the uses of Federal Maglev Funds. (a) Federal share. 2/3 1/3 (b) Restrictions on the uses of Federal Maglev Funds. (2) Federal Maglev Funds provided under a preconstruction planning grant may be used only for Phase II activities, and for completion of site-specific draft EIS's; see § 268.3; (3) Federal Maglev Funds may be used to pay for only 2/3 1/3 (4) The “prevailing wages” requirement of the Davis Bacon Act (40 U.S.C. 276a-276a-5) applies to any construction contracts under the Maglev Deployment Program. Subpart B—Procedures For Financial Assistance § 268.9 Eligible participants. Any State, or any authority designated by one or more State(s) to carry out the preconstruction planning activities under the Maglev Deployment Program is eligible to participate in the Maglev Deployment Program. § 268.11 Project eligibility standards. (a) Project eligibility standards for preconstruction planning financing. (i) Involve a segment or segments of a high-speed ground transportation corridor that exhibit Partnership Potential; (ii) Require an amount of Federal funds for project financing that will not exceed the sum of Federal Maglev Funds, and the amounts made available by States under STP and CMAQ; (iii) Result in an operating transportation facility that provides a revenue producing service; (iv) Be undertaken through a public and private partnership, with at least 1/3 (v) Satisfy applicable statewide and metropolitan planning requirements; (vi) Be approved by FRA based on an application submitted by a State or authority designated by one or more States; (vii) To the extent that non-United States Maglev technology is used within the United States, be carried out as a technology transfer project; and (viii) Be carried out using materials at least 70 percent of which are manufactured in the United States. (2) FRA recognizes that applicants for preconstruction planning grants will not have detailed information with respect to some of the requirements of paragraph (a)(1) of this section, and that the purpose of a preconstruction planning grant is to develop much of this information with respect to a particular Maglev project. As required by § 268.15, an applicant will need to provide whatever information it has with respect to each of the requirements of paragraph (a)(1) of this section, together with a certification that the applicant fully intends to comply with the requirements of this paragraph (a) should its project be selected by FRA for final design, engineering and construction financing. (b) Project eligibility standards for final design, engineering, and construction financing. (1) Purpose and significance of the project. (ii) The project description shall incorporate scheduled operation at a top speed of not less than 240 mph. (2) Benefits for the American economy. (i) Processes will be established that will enable an American-owned and -sited firm (or firms) to gain, in the course of the project, the capability to participate in the design, manufacture, and installation of the facilities and vehicles needed for a Maglev operation, if the owner of the selected version of Maglev technology is not an American-owned and -sited firm (thus meeting the technology transfer requirement of 23 U.S.C. 322). (ii) The 70 percent U.S. content requirement content of 23 U.S.C. 322 will be carried out. (3) Partnership potential. (i) A private/public partnership must be in place that is ready, willing, and able to finance, construct, operate, and maintain the project; (ii) The private/public partnership either owns the version of Maglev technology proposed to be implemented in the project, or has an agreement with the owner which affords full cooperation to the partnership in progressing the project, including implementation of the technology acquisition/transfer plan if applicable; and (iii) The recipient of a preconstruction planning grant or the FRA has developed and endorsed a projection of system capital costs, demand, revenues, operating expenses, and total costs and benefits, that: (A) Covers either the entire corridor in which the Maglev project is involved (“Corridor”), or the project considered independently; (B) Demonstrates that private enterprise would be able to run the Corridor or the project—once built and paid for—as a completely self-sustaining entity, in which revenues will cover operating expenses and continuing investment needs; and (C) Shows total benefits equal to or exceeding total costs. (4) Funding Limits and Sources. 1/3 (5) Project Management. (i) Management plan (ii) Project schedule (iii) Financial plan (6) Planning/environmental process Assessment of environmental consequences of the proposed project. (ii) The project description must also include letters of endorsement of project implementation from all the State departments of transportation involved, and from all Metropolitan Planning Organizations for metropolitan areas that would be served by the project. § 268.13 Deadline for submission of applications for preconstruction planning assistance. Completed application packages shall be returned to FRA by December 31, 1998. Applications shall be submitted to: Administrator, Federal Railroad Administration, ATTN: Maglev Project, RDV-11, 1200 New Jersey Avenue, SE., Stop 20,Washington, DC 20590. [65 FR 2344, Jan. 14, 2000, as amended at 74 FR 25176, May 27, 2009] § 268.15 Form and contents of applications for preconstruction planning assistance. States, groups of States, or designated authorities that have Maglev projects are invited to submit applications in Phase I of the Maglev Deployment Program, the competition for preconstruction planning grants. The applications shall contain: (a)(1) If submitted by a State: name, address, responsible party, telephone, fax number, and e-mail address of the State agency submitting the application; or (2) If submitted by a designated authority: name, address, responsible party, telephone, fax number, and e-mail address of the designated authority and of the State agency or agencies on whose behalf the designated authority is submitting the application, together with letters from the State(s) evidencing all such designations; (b) A description of the project concept, identifying its likely location, market area, length, and the transportation service that it would perform, and a preliminary estimate of the time that would be required—if funds are made available—to bring the project to the start of construction and then to the initiation of full revenue service. At its option, the applicant may include any reports already completed on the project as well as any additional descriptive material that would assist the FRA in evaluating the application; (c) Whatever information the applicant has to demonstrate that the project meets the project eligibility standards in § 269.11(a), and the project selection criteria in § 268.17. together with a certification that the applicant fully intends to comply with the requirements in § 269.11 should its project be selected by FRA for final design, engineering and construction financing. (d) A statement of work for the preconstruction planning activities to be accomplished under the planning grant. The statement shall describe the work to be performed, including but not necessarily limited to: (1) Preconstruction planning work as is needed to develop a Maglev project, and project description that will satisfy the project eligibility standards in § 268.11(b), and the project selection criteria in § 268.17; and (2) Preparation of EAs, as described in § 268.11(b)(6)(i); (e) Management plan, schedule, and financial plan for accomplishing the preconstruction planning work under the planning grant; (f) Letters supporting the application from the heads of all State departments of transportation involved, as well as from responsible officials of the Metropolitan Planning Organizations of all metropolitan areas to be served by the proposed project; (g) A certification from the State, or from the authority designated by one or more States, that the 1/3 (h) If the applicant has made a definitive choice of the particular Maglev technology proposed to be included, a description of that technology and the degree to which it has been produced and tested should be submitted. Further, if the applicant has identified organizations that would form members of the team that would implement the project, the names of those organizations and the persons representing them should also be submitted. § 268.17 Project selection criteria. Except as qualified by § 268.19, the following criteria will govern FRA's selection of projects to receive funding under the Maglev Deployment Program. (a) Purpose and significance of the project. (2) The extent to which implementation of the project will reduce congestion, and attendant delay costs, in other modes of transportation; will reduce emissions and/or energy consumption; or will reduce the rate of growth in needs for additional highway or airport construction. Measures for this criterion will include but not be limited to the present value of congestion reduction, pollution reduction, and/or facility cost-avoidance benefits. (3) The degree to which the project will demonstrate the variety of operating conditions which are to be expected in the United States. (4) The degree to which the project will augment a Maglev corridor or network that has been identified, by any State, group of States, or the FRA, as having Partnership Potential. (b) Timely implementation. (c) Benefits for the American economy. (d) Partnership potential. (e) Funding limits and sources. (2) The extent and proportion to which the private sector contributes financially to the project. Note to § 268.17: FRA recognizes that applicants for preconstruction planning assistance may not have detailed information with respect to each of these criteria, and that the purpose of the preconstruction planning assistance is to develop much of this information with respect to a particular Maglev project. The preconstruction planning application requirements of this part 268 are designed to elicit whatever information an applicant may have pertaining to these criteria. § 268.19 Evaluation of applications for preconstruction planning assistance. The FRA will evaluate the applications for their completeness and responsiveness to the requirements listed in § 268.15. In addition, applicants are advised that the Maglev Deployment Program contains a number of project eligibility standards (minimum threshold standards) and project evaluation criteria that will guide the FRA's review of the project descriptions produced under the Planning Grants. The FRA's implementation of these standards and criteria appears in § 268.11 and § 268.17, respectively. Although subject to revision, the information in § 268.11 and § 268.17 should assist the States in completing their applications in the competition for planning grants, since the project descriptions will need to respond to the standards and criteria. In evaluating the applications for planning grants, FRA will consider how consistent the applicant's project is to the standards and criteria, and the application's likelihood of leading to a project that meets all the standards and criteria. § 268.21 Down-selection of one or more Maglev projects for further study and selection of one project for final design, engineering, and construction funding. (a) Upon completion of Phase III of the Maglev Deployment Program, FRA will down-select one or more projects to complete additional environmental studies, investment grade revenue forecasts, and other studies and analyses necessary prior to initiation of construction. Final design and engineering work will also be initiated for the down-selected project(s). To be down-selected a project must appear to meet the project eligibility standards contained in § 268.11 (b), rate highly in the project selection criteria specified in § 268.17, be judged by FRA to have a good chance of being constructed with the Federal funds authorized for this program, and be successfully operated by a public/private partnership. (b) Only one project will be selected in Phase IV of the Maglev Deployment Program and be eligible for any Federal construction funds that Congress chooses to make available. That one project must meet each and every project eligibility standard contained in § 268.11 (b). If more than one project down-selected in Phase III and funded through Phase IV meets all of these standards, then FRA will evaluate and compare the eligible projects according to the set of project selection criteria contained in § 268.17. (c) In reviewing competing projects under the project eligibility standards and project selection criteria, the FRA will exercise particular vigilance regarding the following elements of the preconstruction planning process, although not to the exclusion of others: (1) The credibility of the demand and revenue forecasts, cost estimates, and benefit/cost comparisons; and (2) The credibility of the financial plan. (d) FRA intends to make periodic reviews of the processes and products of grant recipients. Such reviews may include, at the FRA's option, reviews at key milestones in the preparation of project descriptions.

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