[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Rules and Regulations]
[Pages 7133-7134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3605]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 268
[FRA Docket No. FRA-95-4545; Notice No. 2]
RIN 2130-AB29
Magnetic Levitation Transportation Technology Development Program
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Amendment to the interim final rule.
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SUMMARY: FRA published an Interim Final Rule with request for comments
on October 13, 1998 (63 FR 54600), implementing the Magnetic Levitation
Technology Deployment Program. The Interim Final Rule established a
deadline of December 31, 1998, for the submission of application
packages for preconstruction planning assistance, and set out a
schedule for other actions flowing from the submission of application
packages. This Amendment to the Interim Final Rule extends the deadline
for the submission of application packages to February 15, 1999, and
makes other adjustments to various dates which flow from that extension
of time.
EFFECTIVE DATE: This Amendment to the Interim Final Rule is effective
February 12, 1999.
FOR FURTHER INFORMATION CONTACT: Neil E. Moyer, Chief--Program
Development Division, FRA, 1120 Vermont Ave., NW, Washington, DC 20590
(telephone 202-493-6365; E-mail address: Neil.Moyer@fra.dot.gov), or
Gareth Rosenau, Attorney, Office of Chief Counsel, FRA, 1120 Vermont
Ave., NW, Mailstop 10, Washington, DC 20590 (telephone 202-493-6054; E-
mail address: Gareth.Rosenau@fra.dot.gov).
SUPPLEMENTARY INFORMATION: Citing the extensive and comprehensive
information required to be submitted, several potential applicants
expressed an interest in an extension of the deadline for receipt of
applications for maglev preconstruction planning grants. In response,
on December 22, 1998, FRA extended the deadline from December 31, 1998,
to February 15, 1999. All known potential applicants were contacted by
telephone and were notified of the change. A memorandum advising all
known interested parties of the change was also mailed at the same
time.
Formal comments to the docket concerning the Interim Final Rule
will be discussed upon publication of the Final Rule. None of the
formal comments to the docket concerned the extension of the deadline
for maglev preconstruction planning grants, or other dates, being
modified by this Amendment No. 1.
Regulatory Analyses and Notices
This Amendment to the Interim Final Rule merely extends the
deadline for application packages for preconstruction planning
assistance from December 31, 1998, to February 15, 1999, and adds one
month to all subsequent milestones listed in Sec. 268.3. There are no
other changes to the Interim Final Rule. Declarations with respect to
various regulatory requirements were contained in the Interim Final
Rule. By this Amendment, those declarations with respect to various
regulatory requirements are incorporated herein by reference, and it is
stated that there are no other modifications required to those
declarations by virtue of the action taken in this Amendment.
List of subjects in 49 CFR Part 268
Grant programs-transportation, High speed ground transportation,
Maglev, Magnetic levitation.
The Rule
In consideration of the foregoing, FRA amends part 268 title 49 of
the Code of Federal Regulations as set forth below:
PART 268--[AMENDED]
1. The authority citation for part 268 continues to read as
follows:
[[Page 7134]]
Authority: 49 U.S.C. 322, 23 U.S.C. 322; 49 CFR 1.49.
2. Section 268.3 is amended by revising paragraphs (b), (c), (d),
(e), and (f) to read as follows:
Sec. 268.3 Different phases of the Maglev Deployment Program.
* * * * *
(b) Phase I--Competition for Planning Grants (Early October 1998-
April 30, 1999).
(1) Description. In Phase I, States will apply for funds for
preconstruction planning activities. As required by Sec. 268.13,
applications must be filed with FRA by February 15, 1999. FRA will
select one or more projects to receive preconstruction planning
financial assistance awarded under this part to perform Phase II of the
Maglev Deployment Program.
(2) Timing of Major Milestones.
(i) February 15, 1999--Planning grant applications due.
(ii) March 31, 1999--FRA selects grantees for planning grants.
(iii) April 30, 1999--FRA awards planning grants for the conduct of
activities listed in Phase II.
(c) Phase II--Project Description Development (May 1, 1999-April
30, 2000).
(1) Description. In Phase II, each grant recipients will prepare
and submit to FRA a project description and supporting preconstruction
planning reports and an EA. Supporting reports may include demand and
revenue analyses, project specification, cost estimates, scheduling,
financial studies, and other information in support of the project
description. FRA will use this information in reaching a decision on
which project to select for final engineering and construction
financing. In addition, after completion of the EA, each grant
recipient will initiate activities aimed at preparing a site-specific
draft EIS. FRA will initiate documentation of environmental factors
considered in the project selection process.
(2) Timing of Major Milestones.
(i) December 31, 1999--Deadline for submission of appropriate EA
needed by FRA for the selection of one project under Phase III.
(ii) April 30, 2000--Deadline for submission of project
descriptions and any related supporting reports needed by FRA for
project selection.
(d) Phase III--Project Selection Process (May 1, 2000-August 31,
2000).
(1) Description. FRA will evaluate the information provided by the
grant recipients under Phase II and will select one project for final
design, engineering, and construction funding. Recipients of assistance
will progress work on site-specific EISs.
(2) Timing of Major Milestones. August 31, 2000--FRA selects the
project.
(e) Phase IV--Project Development and Completion of Site-specific
EIS (September 1, 2000-August 31, 2001).
(1) Description. The financial assistance recipient selected in
Phase III will undertake final design and engineering work for the
selected project together with completing the site-specific final EIS.
Detailed agreements for the construction and operation of the project
would be negotiated. The other grant recipients may also elect to
complete the site-specific draft EISs initiated during Phase II.
(2) Timing of Major Milestones. August 31, 2001--Final Record of
Decision on site-specific EIS, confirming the project design.
(f) Phase V--Completion of Detailed Engineering & Construction
(September 1, 2001 and beyond).
(1) Description. In Phase V, the sponsoring State or State
designated authority would oversee the efforts of the public/private
partnership formed to progress the selected project, to complete the
detailed engineering designs, finance, construct, equip, and operate
the project in revenue service. Construction would likely be contingent
on the appropriation of federal funds.
(2) [Revised]
3. Section 268.13 is revised to read as follows:
Sec. 268.13 Deadline for submission of applications for
preconstruction planning assistance.
Completed application packages shall be returned to FRA by February
15, 1999. Applications shall be submitted to: Honorable Jolene M.
Molitoris, Administrator, Federal Railroad Administration, ATTN: Maglev
Project, RDV-11, 1120 Vermont Ave., NW, Stop 20, Washington, DC 20590.
Issued in Washington, DC, on February 9, 1999.
Donald M. Itzkoff,
Deputy Federal Railroad Administrator.
[FR Doc. 99-3605 Filed 2-11-99; 8:45 am]
BILLING CODE 4910-06-P
