[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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.M[email protected]), 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.R[email protected]). 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