98-32881. Financial Assistance To Eliminate Highway-Railroad Grade Crossing Hazards on Designated High-Speed Rail Corridors

[Federal Register Volume 63, Number 238 (Friday, December 11, 1998)]
[Notices]
[Pages 68499-68501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32881]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration
Federal Highway Administration
[FRA Docket No. FRA-1998-4759]


Financial Assistance To Eliminate Highway-Railroad Grade Crossing 
Hazards on Designated High-Speed Rail Corridors

AGENCIES: Federal Railroad Administration (FRA) and Federal Highway 
Administration (FHWA), Department of Transportation (DOT).

ACTION: Notice of designation of high-speed corridors; solicitation of 
applications for: (1) the designation of additional high-speed 
corridors, and (2) for Fiscal Year (FY) 1999 funding assistance.

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SUMMARY: Section 1103(c) of the Transportation Equity Act for the 21st 
Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107) modifies the program 
established in 23 U.S.C. 104(d)(2) to eliminate highway-railroad grade 
crossing hazards in designated high-speed rail corridors. The program 
funding out of the Highway Trust Fund would be increased from $5 
million a year to $5.25 million a year for FYs 1998-2003; eligible 
corridors are increased from 5 to 11 with the addition of the Gulf 
Coast, Keystone and Empire State Corridors and the addition of up to 3 
corridors to be selected by the Secretary of Transportation 
(Secretary); not less than $250,000 of available funding is for the 
Minneapolis/St. Paul-Chicago segment of the Midwest Corridor; and a 
general fund authorization of $15 million per year for FYs 1999-2003 is 
provided for the same purpose, namely elimination of highway-railroad 
grade crossing hazards in designated high-speed rail corridors. 
(Funding of the general fund authorization is subject to the 
appropriations process; no such appropriations have been made for FY 
1999.)
    In this notice, the FRA is soliciting applications from States for 
designation of up to three new corridors, and applications from States 
for FY 1999 funding under this program in all designated corridors. The 
FRA is actively coordinating with the FHWA, which is also substantively 
involved in this program and in all decisions pertaining to it.

DATES: Signed, written comments on this notice must be received by the 
FRA on or before February 9, 1999. Completed applications for 
additional corridor designations must be received by the FRA on or 
before March 11, 1999. Completed applications for FY 1999 funding 
assistance must be received by the FRA on or before March 11, 1999 or, 
for any additional designated corridors, within two months following 
publication of the designation in the Federal Register.

ADDRESSES: The public is invited to submit written comments on this 
notice. Written comments should refer to the docket number appearing at 
the top of this notice and be submitted to the Docket Clerk, U.S. DOT 
Dockets, Room PL-401, Nassif Building, 400 Seventh Street, SW, 
Washington, DC 20590. All comments received will be available for 
examination at the above address. Docket hours at the Nassif Building 
are Monday through Friday, 10 a.m. to 5 p.m., excluding Federal 
holidays. Those desiring notification of receipt of comments must 
include a self-addressed, stamped envelope or postcard.
    Applications for corridor designation and applications for FY 1999 
funding assistance should be submitted to: The Honorable Jolene M. 
Molitoris, Administrator, Federal Railroad Administration, ATTN: 
Section 104(d)(2) Program, RDV-11, Mail Stop 20, 1120 Vermont Avenue, 
NW, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For FRA: Mr. John F. Cikota, Senior 
Transportation Analyst, Program Development Division, Office of 
Railroad Development (telephone: [phone]; E-mail address: 
[e-mail]), or Gareth Rosenau, Attorney, Office of Chief 
Counsel, FRA, 1120 Vermont Avenue, NW., Mailstop 10, Washington, DC 
20590 (telephone [phone]; E-mail address: 
[e-mail]). For FHWA: Mr. Lee Chimini, Intermodal 
Transportation Engineer, Intermodal and Statewide Programs Division, 
Office of Environment and

[[Page 68500]]

Planning (telephone: [phone]; E-mail address: 
[e-mail]) or Mr. Joseph Solomey, Attorney, Office of 
Chief Counsel, FHWA (telephone: [phone]; E-mail address: 
[e-mail]), 400 Seventh Street, SW, Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communication software from the Government Printing 
Office's Electronic Bulletin Board Service at [phone]. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at: 
http://www.access.gpo.gov/nara.

Background

Purpose

    The purpose of this notice is to provide general information about 
the 23 U.S.C. 104(d)(2) program to eliminate highway-railroad grade 
crossing hazards in designated high-speed rail corridors (Section 
104(d)(2) Program), and the FRA's plans for implementing the program. 
The notice identifies the five corridors which have previously been 
designated by DOT and the three corridors designated in TEA-21, and 
invites any State, either singly or in conjunction with other States, 
to submit an application for the designation of one of up to three new 
corridors. In addition, the notice invites State governments housing a 
high-speed rail corridor identified in this notice, or a high-speed 
corridor designated subsequent to the issuance of this notice, to make 
applications for FY 1999 funding. The FRA and the FHWA will review the 
applications for corridor designation and funding, and will make joint 
decisions regarding such applications. The public is invited to submit 
comments on this notice.

Section 104(d)(2) Program

    The section 104(d)(2) Program provides Federal funding to eliminate 
highway-railroad grade crossing hazards in designated high-speed rail 
corridors. Section 1103(c) of TEA-21 modifies the program by setting 
aside from the Highway Trust Fund $5.25 million per year for FYs 1998-
2003; increasing the eligible corridors from 5 to 11 with the addition 
of the Gulf Coast, Keystone, and Empire State corridors and the 
addition of up to 3 new corridors to be selected by the Secretary; 
specifying that not less than $250,000 of available annual funding is 
for the Minneapolis/St Paul-Chicago segment of the Midwest Corridor; 
and providing a general fund authorization of $15 million per year for 
FYs 1999-2003. Funding of this general fund authorization is subject to 
the appropriations process; no such appropriations have been made for 
FY 1999.

Rules for Application Submissions

    Applications for the designation of new high-speed rail corridors 
under the Section 104(d)(2) Program, and applications for FY 1999 
funding under the program shall be submitted to the address cited in 
this notice, and electronically in either WordPerfect or MS Word 
format. Electronic versions are to be submitted either on 3\1/2\ inch 
floppy disks to the address above, or by electronic mail to 
[e-mail]. Applications shall be submitted by the dates 
indicated in this notice, and shall comply with the requirements 
specified in this notice.

Amount of Funding

    To fund the section 104(d)(2) Program, TEA-21 authorized for 
allocation $5.25 million annually from the Highway Trust Fund. This 
allocation is subject to a reduction by operation of Section 1102(f) of 
TEA-21. For FY 1998, the reduction amounted to 10.9 percent of the 
authorized funding; FY 1999 funding will be reduced by approximately 12 
percent. Taking into account available carryover and the section 
1102(f) reductions, which are being calculated as this notice goes to 
press, the FRA and the FHWA project that a total of approximately $6\1/
2\ to $7 million will be made available for States' use during FY 1999. 
Of that amount, section 1103(c) of TEA-21 requires that at least 
$500,000 be allocated to the segment of the Chicago Hub Corridor 
linking Chicago, Milwaukee, and the Twin Cities ($250,000 in each of 
FYs 1998 and 1999).
    The FRA anticipates that these funds will be allocated as early as 
possible, based on a review of applications submitted under this 
notice.

Designation of Eight of the Eleven High-Speed Rail Corridors

    As previously noted, the Secretary is authorized to designate 
eleven high-speed rail corridors under the Section 104(d)(2) Program. 
To date the DOT has designated the following five corridors:
    (1) California Corridor (San Francisco Bay Area to Los Angeles and 
San Diego);
    (2) Pacific Northwest Corridor (Eugene, OR via Portland, OR and 
Seattle, WA to Vancouver, BC);
    (3) Chicago Hub Corridor, extending from Chicago to St. Louis, 
Detroit, and Milwaukee;
    (4) Florida Corridor (Miami--Orlando--Tampa); and
    (5) Southeast Corridor (Washington, DC--Richmond, VA (with an 
extension to Newport News, VA)--Raleigh, NC--Greensboro, NC--Charlotte, 
NC).
    By this notice, the FRA is recognizing the following additional 
corridor designations made in section 104(d)(2):
    (6) Gulf Coast Corridor, designated as extending easterly and 
westerly from New Orleans, LA, on routes to be determined by the 
Secretary in consultation with the participating States;
    (7) Keystone Corridor, between Philadelphia and Harrisburg, PA, via 
Paoli and Lancaster, PA, over the route of the former Pennsylvania 
Railroad; and
    (8) Empire State Corridor, between New York City, Albany, and 
Buffalo, NY, over the route of the former New York Central Railroad.
    In addition, the Chicago Hub Corridor (Corridor number (3) above) 
is expanded to include the Twin Cities of Minneapolis/St. Paul, MN, as 
set forth in section 104(d)(2).

Applications From States for Designation of Up To Three New 
Corridors

    Any State, either singly or in conjunction with other States, may 
request the FRA to designate a corridor under section 104(d)(2). As 
previously noted, applications for designation must be received by the 
FRA by March 11, 1999.
    Section 104(d)(2) requires that corridors selected include rail 
lines where railroad speeds of 90 miles or more per hour are occurring 
or can reasonably be expected to occur in the future, and that the 
Secretary consider the following:
    (1) The projected ridership associated with the proposed corridor;
    (2) The percentage of the corridor over which trains will be able 
to operate at maximum cruise speed, taking into account such factors as 
topography and other traffic on the line;

[[Page 68501]]

    (3) The projected benefits to nonriders, such as congestion relief 
on other modes of transportation servicing the corridor (including 
congestion in heavily traveled air passenger corridors);
    (4) The amount of State and local financial support that can 
reasonably be anticipated for the improvement of the line and related 
facilities; and
    (5) The cooperation of the owner of the right-of-way that can 
reasonably be expected in the operation of the high-speed rail 
passenger service in the corridor.
    Applications from States for designation of high-speed rail 
corridors shall include all information which is required for the 
Secretary to make a determination with reference to the statutory 
considerations for corridor selection. Applications shall also include 
information demonstrating compliance with the speed requirement set 
forth above.

Applications for FY 1999 Funding Under the Section 104(d)(2) 
Program

    Eligible Applicants. Only State governments housing a designated 
high-speed rail corridor are eligible to file applications for FY 1999 
funding. Applications must be received by the FRA by March 11, 1999 
with respect to the eight designated corridors identified in this 
notice, or within two months following the date of publication of the 
designation in the Federal Register.
    Eligible Crossings. All highway/rail grade crossings, whether 
public or private, on designated high-speed corridors are eligible for 
funding.
    Eligible Improvements and Allowable Costs. Work eligible for 
funding includes any of the following to reduce the hazards of highway-
rail grade crossings in the designated corridors: (1) Installation or 
improvement of warning devices; (2) improvement of track circuitry 
which activates warning devices; (3) other crossing improvements, such 
as improved crossing surfaces, improved sight distances, and crossing 
illumination; (4) closure of crossings with or without attendant 
highway relocations; (5) grade separation construction or 
reconstruction; (6) combining crossing warning systems with advanced 
train control and/or intelligent highway traffic control systems; (7) 
conducting analyses to identify specific rail routes, inventorying 
grade crossings, and developing crossing improvement plans; (8) project 
development and engineering; (9) evaluating the safety effects, 
benefits, and costs of activities funded under this program; and (10) 
any combination of the above.
    Matching. The Federal share of the costs of improvements funded 
under section 104(d)(2) may be up to 100 percent of the costs of 
engineering and construction. However, in allocating funds, 
consideration will be given to the extent to which other funds are 
being committed to corridor improvements in conjunction with the 
section 104(d)(2) funds.
    Contents of applications. Applications for FY 1999 funding shall 
contain all the following items:
    (1) Identifying Data.
    (a) The name of the corridor for which funding is sought.
    (b) The name, address, responsible party, telephone, fax number, 
and e-mail address of the State agency submitting the application.
    (c) The railroad route and relevant milepost locations on which the 
crossings to be improved or eliminated are located.
    (2) Work Description. A description of the proposed work, and 
related information, in sufficient detail to provide the staff of the 
FRA, working with the FHWA, with a basis for approving an allocation of 
Section 104(d)(2) Program funding.

(Authority: 23 U.S.C. 315; 49 U.S.C. 20103; section 1103(c), Pub. L. 
105-178, 112 Stat. 107, 122 (1998).)

    Issued in Washington, DC on December 3, 1998.
Jolene M. Molitoris,
Federal Railroad Administrator.
Anthony R. Kane,
Executive Director, Federal Highway Administration.
[FR Doc. 98-32881 Filed 12-10-98; 8:45 am]
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