[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38451-38452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
https://regulations.gov 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 https://regulations.gov. 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: [email protected] 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:
     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.
     The potential application of this guidance to railroad 
projects receiving financing or funding under the credit and grant 
programs administered by the DOT.
     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\ https://highways.dot.gov/public-roads/julyaugust-2004/life-cycle-continuum, Accessed April 21, 2022.
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     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.
     The four project management tools featured and how they 
are described, including the differences between Non-Major and Major 
projects.
     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.
     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 www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at www.dot.gov/privacy. 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