Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices 37905 

1The definitions used in this Notice are 

consistent with FRA’s Draft Guidance on 

Development and Implementation of Railroad 

Capital Projects, currently available for public 

comment at https://www.regulations.gov (docket 

number FRA–2022–0035). To the extent necessary, 

FRA will update definitions in the NOFO. 

also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety 

Chief Safety Officer. 

[FR Doc. 2022–13493 Filed 6–23–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0049] 

Federal-State Partnership for Intercity 

Passenger Rail Program; Northeast 

Corridor Project Inventory 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Proposed Approach 

(Notice) to the Northeast Corridor 

Project Inventory and the Federal-State 

Partnership for Intercity Passenger Rail 

Program for Northeast Corridor projects. 

SUMMARY: FRA is publishing this Notice 

to describe its proposed approach to the 

development of the Northeast Corridor 

(NEC) project inventory (NEC Project 

Inventory), which is a required 

component of the Federal-State 

Partnership for Intercity Passenger Rail 

Program (Partnership Program). FRA is 

required to publish an NEC Project 

Inventory not later than one year after 

the enactment of the Infrastructure 

Investment and Jobs Act, also known 

and the Bipartisan Infrastructure Law 

(BIL). The NEC Project Inventory must 

be updated at least every two years. 

DATES: Written comments on this Notice 

must be received on or July 25, 2022. 

ADDRESSES: Comments should refer to 

docket number FRA–2022–0049 and be 

submitted at https://

www.regulations.gov. See Section V for 

further information. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Amishi Castelli, Northeast Corridor 

Program Manager, Office of Policy and 

Planning, at email: Amishi.Castelli@

dot.gov or telephone: 202–845–4394, or 

Bryan Rodda, Lead Community Planner, 

Office of Policy and Planning, at email: 

Bryan.Rodda@dot.gov or telephone: 

202–493–0443. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Overview 

A. Background on Northeast Corridor 

Planning 

B. Authority 

C. Definitions 

II. Eligibility 

A. Applicant Eligibility 

B. Project Eligibility 

III. NEC Project Inventory Development 

IV. Program Administration 

A. NEC Project Inventory and Notice of 

Funding Opportunity Publication 

B. Project Selections 

C. Letters of Intent and Phased Funding 

Agreements 

V. Comments 

VI. Next Steps 

I. Overview 

A. Background on Northeast Corridor 

Planning 

The NEC is the most heavily used 

passenger rail corridor in the United 

States. Pre-COVID–19, the NEC served 

over 800,000 daily passengers traveling 

on more than 2,000 daily commuter and 

intercity trains and supported 50–60 

daily freight trains. 

In 2017, FRA presented its vision for 

growth along the NEC with the NEC 

FUTURE Record of Decision. See 

www.fra.dot.gov/necfuture/tier1_eis/ 

rod/. The Northeast Corridor 

Commission (NEC Commission), 

composed of 18 members, including 

representatives from each of the eight 

Northeast Corridor states, the District of 

Columbia, Amtrak, and the U.S. 

Department of Transportation, 

subsequently developed an 

implementation plan (CONNECT NEC 

2035 or C35) to deliver the first 15-year 

phase of investment to realize the NEC 

FUTURE vision. The NEC Commission 

issued C35 in July 2021. C35 identified 

and provided a sequencing and delivery 

strategy for completing projects to 

eliminate the state of good repair 

backlog on—and modernize and make 

targeted improvements to—the NEC. See 

http://nec-commission.com/connectnec-2035/. The NEC Commission is 

currently updating C35 to reflect the 

updated project information and better 

consider workforce and funding 

constraints. 

B. Authority 

The Partnership Program was 

reauthorized and revised in the BIL, 

Title II, §§ 22106 and 22307, Public Law 

117–58 (2021); codified at 49 U.S.C. 

24911. Under the Partnership Program, 

the Secretary of Transportation 

(Secretary) is directed to develop and 

implement a program for issuing grants 

to applicants, on a competitive basis, to 

fund projects that reduce the state of 

good repair backlog, improve 

performance, or expand or establish 

new intercity passenger rail service, 

including privately operated intercity 

passenger rail service if an eligible 

applicant is involved. The Partnership 

Program revisions in the BIL require the 

Secretary to, among other things, 

develop and publish an NEC Project 

Inventory to (1) create a predictable 

project pipeline that will assist Amtrak, 

States, and the public with long-term 

capital planning, and (2) use the NEC 

Project Inventory when selecting 

projects located on the NEC for 

Partnership Program funds. 49 U.S.C. 

24911. FRA is delegated the authority 

under the BIL to establish and 

administer the Partnership Program. 49 

CFR 1.89(a). 

FRA encourages NEC stakeholders to 

submit comments to this Notice 

consistent with the directions below. 

FRA will consider these comments in 

developing the NEC Project Inventory 

and the associated Notice of Funding 

Opportunity (NOFO) for the Partnership 

Program. As described below, FRA 

plans to publish the NEC Project 

Inventory, consistent with the BIL, in 

November 2022, with the NOFO for 

projects on the NEC following closely 

after. 

C. Definitions 1

Construction Stage: the Lifecyle Stage 

of a project following the Final Design 

Lifecycle Stage and during which the 

project is completely built and placed 

into operational use. This stage may 

include physical construction, 

procurement of vehicles and equipment, 

project administration, testing of 

equipment as appropriate, systems 

integration testing, workforce training, 

system certification, procurement of 

insurance, pre-revenue service, and 

start-up testing. 

Defined Capital Renewal Projects: a 

geographically integrated set of 

activities to repair, replace, or 

modernize basic infrastructure assets 

along a corridor section that is executed 

in accordance with a defined scope, 

schedule, and budget. Basic 

infrastructure assets include rails, ties, 

ballast, communication systems, electric 

traction power systems, and undergrade 

bridges. 

Final Design Stage: the Lifecyle Stage 

of a project following the Project 

Development Lifecycle Stage during 

which the project design is advanced to 

be ready for construction. This stage 

includes development of final 

engineering plans and specifications 

necessary for construction of the project; 

securing agreements (including 


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2While other definitions for the NEC exist, this 

definition is used in the Partnership Program and 

is consistent with definition used in 49 U.S.C. 

24904(e). 

execution of cost share agreements) 

necessary to construct and operate the 

project; and demonstration of 

commitment of the financial resources 

necessary to complete the project. This 

stage may include completion of 

property acquisition, and early 

construction or relocations and 

procurement of equipment and 

materials, if permissible under 

applicable law. 

Improvement Projects: those projects 

to improve reliability, increase capacity, 

reduce travel time, or improve the 

customer experience by replacing 

existing assets with superior ones or 

introducing new assets to existing NEC 

infrastructure, facilities, and equipment 

capabilities. 

Lifecycle Stage: consecutive stages of 

a project as applicable, to include 

Project Planning Stage, Project 

Development Stage, Final Design Stage 

and Construction Stage. Each sequential 

stage involves specific project activities 

including the preparation of appropriate 

project management documents. FRA 

evaluates project readiness for a 

subsequent lifecycle stage when 

considering a project for funding. 

Major Backlog Projects: those projects 

necessary to achieve a state of good 

repair, but that are not undertaken on a 

routine basis, such as rehabilitation or 

replacement of major bridges and 

tunnels. As with all capital projects, 

Major Backlog Projects involving 

replacement of a major structure should 

contemplate all work associated with 

that replacement as a single project. As 

of the publication of this Notice, the 

NEC Commission has identified Major 

Backlog projects on the NEC as: 

1. Baltimore and Potomac Tunnel 

Replacement 

2. Bush River Bridge Replacement 

3. Connecticut River Bridge 

Replacement 

4. East River Tunnel Rehabilitation 

5. Gunpowder River Bridge 

Replacement 

6. Pelham Bay Bridge Replacement 

7. Susquehanna River Bridge 

Replacement 

8. Cos Cob Bridge Replacement 

9. Devon Bridge Replacement 

10. Saugatuck River Bridge Replacement 

11. Walk Bridge Program 

12. Hudson Tunnel Project 

13. Sawtooth Bridges Replacement 

Project 

14. Portal North Bridge Project 

15. Highline Renewal and State of Good 

Repair 

Major Capital Project: a project with 

an estimated Total Project Cost equal to 

or greater than $300 million and has, or 

is anticipated to request, $100 million or 

more in Federal financial assistance. 

Stations Projects: those projects to 

repair, replace, modernize or improve 

an existing station, occurring primarily 

within the boundaries of the station 

property, or projects to construct an 

expanded, new or replacement station. 

Northeast Corridor: the main rail line 

between Boston, Massachusetts and the 

District of Columbia; the branch rail 

lines connecting to Harrisburg, 

Pennsylvania, Springfield, 

Massachusetts, and Spuyten Duyvil, 

New York; and facilities and services 

used to operate and maintain the main 

and branch rail lines described above. 

49 U.S.C. 24911(a)(3).2

Northeast Corridor Capital Investment 

Plan (NEC CIP): the planning document 

developed by the NEC Commission 

pursuant to 49 U.S.C. 24904(b) and any 

subsequent updates to such document 

(available at http://neccommission.com/documents/). 

Northeast Corridor Project (NEC 

Project): a project located on, or in 

primary use for, the NEC, consistent 

with 49 U.S.C. 24911(d)(1). 

Northeast Corridor Service 

Development Plan: the planning 

document developed by the NEC 

Commission pursuant to 49 U.S.C. 

24904(a) and any subsequent updates to 

such document or associated analyses. 

As of the time of this Notice, the 

existing Northeast Corridor Service 

Development Plan is known as 

CONNECT NEC 2035. 

Planning Studies: those projects 

which include only planning activities 

such as railroad transportation market 

forecasting, operations analysis, fleet 

planning, cost analysis, station and 

facility planning, environmental 

resource consideration, and other 

similar activities. Planning studies have 

no associated construction in their 

current form. Planning Studies only 

have one Lifecycle Stage, the Project 

Planning Stage. 

Project Development Stage: the 

Lifecyle Stage of a project, following the 

Planning Stage, during which project 

design, environmental and other studies 

are advanced to ensure the project is 

ready for implementation. This stage 

includes completion of the 

environmental review process required 

under the National Environmental 

Policy Act (NEPA) and other related 

environmental laws, and advancement 

of the permitting processes as 

appropriate; completion of preliminary 

engineering and other design disciplines 

to develop estimates of risk, costs, 

benefits, and impacts, and sufficient to 

advance to Final Design; and 

identification of financial resources 

necessary to complete the project. 

Project Planning Stage: the Lifecyle 

Stage of a project during which project 

concepts are identified to adequately 

address transportation needs and 

opportunities. The purpose of the 

Project Planning Stage is to identify and 

compare the costs, benefits, and impacts 

of project options as a means of 

providing private and government 

decisionmakers with information to 

reach transportation solutions. This 

stage includes the following activities to 

demonstrate a practical project proposal 

that addresses a clear project need and 

support of participant stakeholders: 

development of conceptual design to 

establish the type and scope of capital 

improvements to be made; advancement 

of technical studies (e.g., railroad 

transportation market forecasting, 

operations analysis, etc.); and 

engagement of stakeholders and the 

public as appropriate. 

Project Sponsor: the entity 

responsible for implementing a project 

that may also be an applicant seeking or 

grantee receiving Federal financial 

assistance. 

Project Type: a categorization as either 

Major Backlog Projects, Defined Capital 

Renewal Projects, Improvement 

Projects, Stations Projects, or Planning 

Studies. 

Shared Benefit Projects: projects that 

benefit both intercity and commuter rail 

services. 

Total Project Cost: the aggregate 

estimated cost for all remaining 

Lifecycle Stages in year-of-expenditure 

dollars that accounts for inflation and 

appropriate contingency amounts. 

II. Program Eligibility 

A. Eligible Applicants 

The following entities are eligible to 

submit applications for Partnership 

Program funds: a State (including the 

District of Columbia); a group of States; 

an Interstate Compact; a public agency 

or publicly chartered authority 

established by one or more States; a 

political subdivision of a State; Amtrak, 

acting on its own behalf or under a 

cooperative agreement with one or more 

States; a Federally recognized Indian 

Tribe; or any combination of these 

entities. 

The following is a non-exhaustive list 

of potential eligible Project Sponsors for 

NEC Projects: 

—States, including the District of 

Columbia, Maryland, Delaware, 

Pennsylvania, New Jersey, New York, 


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3Applications for these activities under this 

eligibility category will be considered 

independently, regardless of whether the 

application also requests project funding for 

subsequent Lifecycle Stages such as Final Design 

Stage and Construction Stage. 

4Under 49 U.S.C. 24911(i), Partnership Program 

grants are subject to the conditions in 49 U.S.C. 

22905. 

Connecticut, Rhode Island, and 

Massachusetts; 

—Public agencies or publicly chartered 

authorities established by one or more 

States, including the Maryland 

Transit Administration, Southeastern 

Pennsylvania Transportation 

Authority, New Jersey Transit 

Corporation, New York Metropolitan 

Transportation Authority, and 

Massachusetts Bay Transportation 

Authority; and 

—Amtrak (formally known as the 

National Railroad Passenger 

Corporation). 

In addition to the list above, other 

existing or future entities whose 

applications demonstrate that they 

satisfy the eligible applicant criteria 

may apply forand potentially receive— 

Partnership Program funding. 

B. Eligible Projects 

For a project to be eligible for NEC 

Partnership Program funding, a project 

must be an NEC Project and be included 

on the NEC Project Inventory consistent 

with 49 U.S.C. 24911(c). Under 49 

U.S.C. 24911(c), the following projects, 

including acquisition of real property 

interests, are eligible to receive grants 

under the Partnership Program: 

(1) A project to replace, rehabilitate, 

or repair infrastructure, equipment, or a 

facility used for providing intercity 

passenger rail service to bring such 

assets into a state of good repair; 

(2) A project to improve intercity 

passenger rail service performance, 

including reduced trip times, increased 

train frequencies, higher operating 

speeds, improved reliability, expanded 

capacity, reduced congestion, 

electrification, and other improvements, 

as determined by the Secretary; 

(3) A project to expand or establish 

new intercity passenger rail service; 

(4) A group of related projects 

described in paragraphs (1) through (3); 

and 

(5) The planning, environmental 

studies, and final design for a project or 

group of projects described in 

paragraphs (1) through (4).3

Consistent with these requirements 

and the prohibition at 49 U.S.C. 

22905(f),4 NEC Projects that solely 

benefit commuter rail passenger 

transportation are not eligible to receive 

Partnership Program funding and will 

not be included in the NEC Project 

Inventory, even if such projects are 

included in the NEC CIP or C35. 

Partnership Program projects must 

result in reasonable investments for 

intercity rail passenger transportation. 

Such projects may be located on shared 

corridors with commuter rail passenger 

transportation and may benefit both 

intercity and commuter services. In this 

Notice, such projects are referred to as 

Shared Benefit projects. NEC Projects 

may also benefit freight rail service. 

III. NEC Project Inventory 

FRA’s development of the NEC 

Project Inventory will be consistent with 

the requirements of 49 U.S.C. 24911(e). 

FRA views the NEC Project Inventory 

as a logical outgrowth of the 

collaborative planning efforts and 

project pipeline development work 

completed as part of the NEC 

Commission’s C35 and NEC CIP. In 

developing the NEC Project Inventory, 

FRA will rely in large part on C35, 

analyses and new information 

considered in updates to C35, and the 

NEC CIP (collectively referred to in this 

Notice as NEC Commission Planning 

Documents). FRA intends to rely on the 

best available information from these 

sources as of August 2022 to inform the 

first NEC Project Inventory. FRA will 

not accept requests from eligible entities 

to add their projects to the NEC Project 

Inventory, but rather FRA seeks public 

comment on the approach in developing 

the NEC Project Inventory via this 

Notice. 

Following initial publication of the 

NEC Project Inventory, FRA will update 

it every two years at minimum, 

consistent with 49 U.S.C. 24911(e). 

A. FRA’s Approach To Developing the 

NEC Project Inventory 

This section describes FRA’s 

interpretation of each of the NEC Project 

Inventory requirements from § 24911(e). 

FRA will develop an inventory that: 

(1) Identifies capital projects for 

Federal investment, project applicants, 

and proposed Federal funding levels. 49 

U.S.C. 24911(e)(1). 

The NEC Project Inventory will 

include NEC Projects in all Lifecycle 

Stages and identify Project Sponsors for 

each project. FRA will review the NEC 

Commission Planning Documents and 

other sources of project information as 

appropriate to identify projects for 

inclusion on the NEC Project Inventory 

and preliminarily assess project 

eligibility under the Partnership 

Program. 

In general, each project FRA finds 

eligible for funding under the 

Partnership Program will receive an 

individual entry on the NEC Project 

Inventory summarizing the project’s 

scope, schedule, and cost information. If 

Defined Capital Renewal Projects are 

still in development and therefore not 

specifically identified in NEC 

Commission Planning Documents or 

other sources of information at the time 

of publication of the NEC Project 

Inventory, the FRA may identify and 

allocate proposed funding in the NEC 

Project Inventory for such projects that 

may become ready for funding after 

publication of the then-current NEC 

Project Inventory but prior to the next 

NEC Project Inventory update. 

FRA will identify project applicants 

based on the Project Sponsor identified 

in the NEC Commission Planning 

Documents and other sources of project 

information as appropriate. 

Proposed Partnership Program 

Federal funding levels for NEC Project 

Inventory projects may be described 

either in percentage levels (i.e., 

percentage of total cost comprising 

Partnership Program funding in the 

project) or amounts. 

Section IVA of this Notice (Program 

Administration) discusses initially 

available funds for the Partnership 

Program, and states that proposed 

funding levels on the NEC Project 

Inventory are not commitments, 

selections, or obligations of Federal 

funding, and are subject to changes 

identified under Section IVB. 

(2) Specifies the order in which the 

Secretary will provide grant funding to 

projects that have identified sponsors 

and are located along the Northeast 

Corridor, including a method and a plan 

for apportioning funds to project 

sponsors for the two-year period, which 

may be altered by the Secretary, as 

necessary, if recipients are not carrying 

out projects in accordance with the 

anticipated schedule. 49 U.S.C. 

24911(e)(2). 

NEC Project Inventory Order 

FRA will specify the order of funding 

for the identified NEC Projects over a 

two-year period starting from the 

publication of the NEC Project 

Inventory. In specifying the order of 

funding, FRA will group projects on the 

NEC Project Inventory based on the 

project’s anticipated start year for the 

lifecycle stage for which Project 

Sponsors are expected to request 

Partnership Program funding. FRA will 

allocate a small portion of Partnership 

Program funding to Planning Studies. 

FRA will then prioritize projects by 


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5Within the NEC Project Inventory, FRA will 

consider allocating funding to multiple Lifecycle 

Stages. 

6FRA will confirm readiness as part of the 

evaluation and selection process conducted for 

applications received in response to the NOFO for 

the Partnership Program (see Section IVB). 

Project Type and, within Project Type, 

by Lifecycle Stage,5 as follows: 

First Priority 

Major Backlog Projects in the 

following order based on Lifecycle 

Stage: (1) Project Planning Stage (2) 

Project Development Stage; (3) Final 

Design Stage; and (4) Construction 

Stage; 

Second Priority 

Defined Capital Renewal Projects in 

the following order based on Lifecycle 

Stage: (1) Project Planning Stage (2) 

Project Development Stage; (3) Final 

Design Stage; and (4) Construction 

Stage; 

Third Priority 

Improvement and Stations Projects in 

the following order based on Lifecycle 

Stage: (1) Construction Stage; (2) Final 

Design Stage; (3) Project Development 

Stage; and (4) Project Planning Stage. 

Once projects have been prioritized, 

FRA will preliminarily assess 

readiness.6 In assessing readiness for the 

anticipated start year, FRA will review 

the NEC Commission Planning 

Documents and other sources of project 

information as appropriate to 

understand the following information, 

which may vary in completeness based 

on Lifecycle Stage of the project: 

Lifecycle Stage: The Project Sponsor’s 

completion of prior Lifecycle Stage 

work; 

Environmental risk: The project’s 

environmental and permitting 

approvals, and likelihood of obtaining 

the any outstanding approval(s) 

affecting project obligation and 

completion; 

Technical capacity: The Project 

Sponsor’s capacity to successfully 

deliver the project in compliance with 

applicable Federal requirements; and 

Financial completeness: For projects 

requiring funding for Lifecycle Stages 

beyond Project Development, the 

likelihood that sufficient financial 

resources are available to complete the 

project; for projects requiring funding 

for the Planning and Project 

Development Lifecycle Stages, the 

likelihood that sufficient financial 

resources are available to complete 

those Stages. 

Funding Shares: For Shared Benefit 

projects, the proposed intercity 

passenger rail share, commuter rail 

share, and local share (if different from 

the combined intercity passenger rail 

share and commuter rail share) of the 

Total Project Costs. 

FRA will also consider consistency 

with the United States Department of 

Transportation (USDOT) Strategic 

Goals. FRA will qualitatively determine, 

based on information in the NEC 

Commission Planning Documents and 

other sources of project information as 

appropriate, whether projects address 

the goals (described in detail at https:// 

www.transportation.gov/dot-strategicplan) of safety, economic strength and 

global competitiveness, equity, climate 

and sustainability, transformation of the 

transportation system to serve current 

and future transportation challenges, 

and organizational excellence that 

advances the mission of the USDOT. 

Method and Plan for Apportioning 

Funds 

In the NEC Project Inventory, FRA 

will identify proposed allocations for 

identified projects over a two-year 

period from the date of publication of 

the Inventory. The NEC Project 

Inventory will also describe FRA’s 

method and plan for making such 

allocations. 

(1) For Major Backlog Projects that 

will begin or are anticipated to begin the 

Construction Stage prior to Federal 

fiscal year 2027 and are selected for an 

award under the Partnership Program’s 

competitive process, FRA intends to 

allocate sufficient funding to pay a 

Federal share up to 80 percent of Total 

Project Costs. For such projects, using 

NEC Commission Planning Documents 

and other sources of project information 

as appropriate, FRA will identify: the 

amount of funding, if any, received or 

committed from another Federal 

financial assistance program; and, the 

amount of funding, if any, that a project 

sponsor has requested a Federal agency 

consider including as part of a Federal 

funding recommendation. FRA will 

then allocate Partnership Program 

funding based on the remaining Total 

Project Cost. FRA may use Letters of 

Intent or Phased Funding Agreements 

discussed in subsection IVC below for 

this purpose. 

(2) For Defined Capital Renewal 

Projects and Planning Studies that are 

selected for an award under the 

Partnership Program’s competitive 

process, FRA may allocate a Federal 

share up to 80 percent of Total Project 

Costs. 

(3) For certain Station Projects and 

Improvement Projects that are selected 

for an award under the Partnership 

Program’s competitive process, Project 

Sponsors may be required to provide a 

greater than 20 percent non-Federal 

match. Specifically, for these projects, 

FRA will consider allocating the 

remaining Partnership Program funds 

commensurate with the intercity 

passenger rail benefits of the project. 

As discussed in Program 

Administration (Section IV), proposed 

funding levels on the NEC Project 

Inventory are not commitments, 

selections, or obligations of Federal 

funding. The NEC Project Inventory 

identifies potential Projects and Project 

Sponsors expected to submit 

applications in response to the 

Partnership Program NOFO, and 

represents FRA’s best understanding of 

the anticipated Partnership Program 

funding requests at the time of 

publication of the NEC Project 

Inventory. Award selections and award 

amounts may differ from the allocations 

and projects identified in the NEC 

Project Inventory. 

Inclusion on the NEC Project 

Inventory does not limit Project 

Sponsors’ ability to pursue and receive 

Federal financial assistance through 

other programs. Projects receiving 

funding commitments from other 

programs will enable the Partnership 

Program to fund additional projects. 

FRA anticipates that the NEC Project 

Inventory published in Fall 2022 will 

identify NEC Projects with an 

anticipated start year in calendar years 

2023–2024 for the lifecycle stage for 

which Project Sponsors are expected to 

request Partnership Program funding. 

Subsequent updates to the NEC Project 

Inventory will identify projects 

underway, projects with Letters of 

Intent or Phased Funding Agreements in 

effect, and NEC Projects ready for 

funding in the subsequent two-year 

periods. 

Alterations to the NEC Project Inventory 

FRA may alter the NEC Project 

Inventory as necessary if recipients are 

not carrying out projects in accordance 

with the anticipated schedule. Such 

changes will be incorporated into 

subsequent updates to the NEC Project 

Inventory. 

(3) Takes into consideration the 

appropriate sequence and phasing of 

projects described in the Northeast 

Corridor capital investment plan 

developed pursuant to § 24904(b); and 

is consistent with the most recent 

Northeast Corridor service development 

plan update described in § 24904(a). 49 

U.S.C. 24911(e)(3)–(4). 

FRA will rely on the NEC 

Commission Planning Documents when 

developing the NEC Project Inventory. 

To the greatest extent feasible, FRA will 

ensure consistency between the NEC 


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Commission Planning Documents and 

the NEC Project Inventory, directly 

incorporating information provided in 

the NEC Commission Planning 

Documents into the NEC Project 

Inventory. Such information may 

include sequencing and phasing project 

information, if available, as well as 

project names, Lifecycle Stage, Total 

Project Cost, project descriptions and 

scope, proposed start and end dates, and 

similar information. 

(4) Takes into consideration the 

existing commitments and anticipated 

Federal, project applicant, sponsor, and 

other relevant funding levels for the next 

5 fiscal years based on information 

currently available to the Secretary. 49 

U.S.C. 24911(e)(5). 

For a project identified on the NEC 

Project Inventory, FRA will identify, 

using NEC Commission Planning 

Documents and other sources of project 

information as appropriate, the amount 

of Federal funding, if any, that a project 

sponsor has received, or has requested 

a Federal agency consider including as 

part of a Federal funding 

recommendation, for all or a portion of 

Total Project Costs from nonPartnership Program funding. FRA will 

then allocate available Partnership 

Program funding based on the 

remaining amounts necessary to 

complete the project or project Lifecycle 

Stage(s). For example, if an NEC Project 

included on the NEC Project Inventory 

has received an award from another 

Federal source (e.g., a USDOT modal 

agency or non-USDOT source), FRA 

would allocate Partnership Program 

funds solely to the unfunded remainder. 

Unless specifically provided for in 

law, funding from other Federal 

programs counts toward the not-toexceed 80 percent Federal share 

maximum for any project receiving 

Partnership Program funds. For 

example, if a project with a $100 million 

Total Project Cost receives a $20 million 

award from the Federal Transit 

Administration, FRA’s Partnership 

Program contribution would be capped 

at $60 million to ensure the total 

Federal share from all Federal sources 

does not exceed 80 percent of the Total 

Project Cost. 

(5) Is developed in consultation with 

the Northeast Corridor Commission and 

the owners of Northeast Corridor 

infrastructure and facilities. 49 U.S.C. 

24911(e)(6). 

This Notice is one component of 

FRA’s consultation process with the 

NEC Commission and owners of NEC 

infrastructure and facilities. This Notice 

also permits interested industry and 

public sector entities and the public to 

comment on FRA’s proposed approach 

to the NEC Project Inventory (see 

Section V). FRA’s goal in publishing 

this Notice is to provide transparency 

about FRA’s approach to developing the 

NEC Project Inventory, consult with the 

NEC Commission and the owners of the 

NEC infrastructure and facilities as 

required under 49 U.S.C. 24911(e)(6), 

and ultimately maximize efficiency and 

deliver the greatest benefits in 

implementing the Partnership Program 

for NEC Projects. 

IV. Program Administration 

A. Publication of NEC Project Inventory 

and Notice of Funding Opportunity 

FRA will publish the NEC Project 

Inventory no later than November 15, 

2022, and not less often than every other 

year thereafter. Projects and allocations 

in the NEC Project Inventory are not 

funding commitments and Project 

Sponsors must proceed through a 

competitive grant process and be 

selected for funding. Following 

publication of the initial NEC Project 

Inventory, FRA will publish a NOFO 

soliciting applications for eligible 

projects identified on the NEC Project 

Inventory. FRA intends to simplify the 

application solicitation where possible 

to both leverage the substantial 

information included in the NEC Project 

Inventory and the NEC Commission’s 

Planning Documents, and to reduce 

application burden on Project Sponsors. 

The NOFO will describe the Program’s 

requirements, the evaluation and 

selection criteria that each application 

will be expected to address, and outline 

the broader USDOT goals that selections 

made under this Program will help 

contribute towards. Additional 

information, such as the required 

documentation that will be included for 

a streamlined application package, will 

be further articulated in the NOFO. FRA 

also intends to streamline the selection 

and obligation process. 

The NOFO is anticipated to make 

funds available that are appropriated in 

the Consolidated Appropriations Act, 

2022, Public Law 117–103 and in Title 

VIII of the BIL, and any additional 

funding available at the time the NOFO 

is issued, such as fiscal year 2023 

appropriations. Such annual 

appropriations may have different 

funding restrictions and requirements 

than currently available funding. If 

applicable, these differences will be 

summarized in the NOFO. Grantees 

must comply with all applicable 

Consolidated Appropriations Act, 2022, 

and other relevant requirements. 

B. Project Selections 

FRA will make project selections for 

Partnership Program funding consistent 

with the NEC Project Inventory, unless 

when necessary to address materially 

changed infrastructure or service 

conditions, changes in Project Sponsor 

capabilities or commitments, or other 

significant changes since the completion 

of the most recently issued NEC Project 

Inventory. Variation in amounts 

allocated on the NEC Project Inventory 

and the amounts requested in 

Partnership Program applications and 

selections may result in FRA updating 

the NEC Project Inventory more 

frequently than every two years. 

Materially changed infrastructure or 

service conditions may result from 

external events such as natural disasters 

or pandemics, or events such as asset 

failures or loss of functionality that 

sever or impede normal infrastructure 

and service conditions. 

Changes in Project Sponsor 

capabilities or commitments may 

include changes to fiscal capacity or 

organizational resources that limit or 

expand a Project Sponsor’s ability to 

implement projects on the NEC Project 

Inventory. 

Other significant changes may include 

a project receiving funding from other 

Federal or non-Federal sources that 

changes the project’s need for 

Partnership Program funding, future 

Congressional direction, or projects that 

achieve (or fail to achieve) expected 

readiness milestones earlier (or later) 

than anticipated at the time the most 

recent NEC Project Inventory was 

issued. 

Evaluation and Selection Process 

FRA will review and evaluate 

applications received in response to the 

NOFO for consistency with the NEC 

Project Inventory, eligibility, and 

completeness. Ineligible and incomplete 

applications and applications for 

projects that are not on the NEC Project 

Inventory will not be evaluated for 

selection. Project Sponsors of rail 

projects who are ineligible to receive 

Partnership Program funding, who are 

not selected for Partnership Program 

funds, or who receive less than the 

requested Partnership Program funding 

amount, are encouraged to consider 

other FRA and Departmental grant 

programs which are found at https://

railroads.dot.gov/grants-loans/ 

competitive-discretionary-grantprograms/competitive-discretionarygrant-programs and https:// 

www.transportation.gov/grants. 

FRA intends to evaluate applications 

by taking into account the following 

factors: 


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7 In an apparent drafting error, 49 U.S.C. 

24911(f)(2) states the Federal share ‘‘shall not 

exceed 80 percent, except as specified under 

paragraph (4)’’ of part (f), however no such 

paragraph (4) exists. FRA’s interpretation of this 

language is that all Partnership Program projects are 

subject to the ‘‘shall not exceed 80 percent’’ 

requirement specified in 49 U.S.C. 24911(f)(2). 

—Proposed amount and commitment of 

non-Federal match and/or other 

Federal funds; 

—Factors indicating project readiness 

for funding: 

Lifecycle Stage: FRA will assess the 

applicant’s completion of prior 

Lifecycle Stage work; 

Environmental risk: FRA will assess 

the project’s environmental and 

permitting approval(s) and likelihood of 

any outstanding approval(s) affecting 

project obligation or completion; 

Technical capacity: FRA will assess 

the applicant’s capacity to successfully 

deliver the project in compliance with 

applicable Federal requirements; 

Financial completeness: FRA will 

assess identified financial resources 

necessary to complete the project. For a 

Project where an applicant is requesting 

funding for the Final Design and/or 

Construction Lifecycle Stages of 

projects, FRA will assess demonstration 

of commitment of the financial 

resources through the completion of the 

project. 

—Consistency with Strategic Goals: FRA 

will assess, via a review of quantitative 

and/or qualitative metrics as 

appropriate, the extent to which a 

project achieves outcomes consistent 

with the following Strategic Goals 

(further detail at https://

www.transportation.gov/dot-strategicplan), to include safety, economic 

strength and global competitiveness, 

equity, climate and sustainability, 

transformation of the transportation 

system to serve current and future 

transportation challenges, and 

organizational excellence that advances 

the mission of the Department of 

Transportation. 

FRA will make NEC Project selections 

or project component selections for 

Partnership Program funding consistent 

with the priority in the NEC Project 

Inventory as required under 49 U.S.C. 

24911(d)(1)(A). Selected project scope, 

schedule and costs may vary from the 

NEC Project Inventory as a result of 

specific funding requests, detailed and 

updated application submissions, and 

FRA’s assessment of the evaluation 

factors described above. Variation in 

amounts allocated on the NEC Project 

Inventory and the amounts requested in 

Partnership Program applications and 

selections may result in FRA updating 

the NEC Project Inventory more 

frequently than every two years. 

Shared Benefit Projects 

Shared Benefit Projects are eligible for 

Partnership Program funding. In 

evaluating applications for such 

projects, FRA will consider if the 

proposed project would be a reasonable 

investment in intercity passenger rail 

transportation separate from 

consideration of the proposed project’s 

benefits to commuter railroad passenger 

transportation. FRA anticipates a 

substantial number of Shared Benefit 

projects will be included in the NEC 

Project Inventory since a majority of the 

NEC territory has shared operation, and 

thus resulting benefits, between 

intercity and commuter services. 

For Shared Benefit Projects, FRA will 

only make such selections when Amtrak 

and the public authorities providing 

commuter rail transportation at the 

eligible project location: 

(1) Are in compliance with 49 U.S.C. 

24905(c)(2); 

(2) Have identified funding for the 

intercity passenger rail share, the 

commuter rail share, and the local share 

of the eligible project before the 

commencement of the project in 

applications responsive to the NOFO. 

Development of the appropriate funding 

shares is the responsibility of the Project 

Sponsor in coordination with its project 

partners; 

(3) Have demonstrated a fair 

allocation of financial responsibility 

between intercity and commuter rail 

transportation. For this purpose, Project 

Sponsors will be asked to provide in 

their applications a breakdown of the 

Total Project Cost and costs previously 

incurred (including for previous 

Lifecycle Stages) identified by funding 

source and provider. FRA will consider 

such costs in determining whether there 

has been a fair allocation of financial 

responsibility between intercity and 

commuter rail transportation. 

Non-Federal Match 

The Partnership Program requires, at 

49 U.S.C. 24911(f)(2), that the Federal 

share of Total Project Costs for a project 

shall not exceed 80 percent.7 The NOFO 

will state FRA’s willingness to fund 

projects up to the 80 percent maximum 

Federal share of the Total Project Costs. 

Project Sponsors and their project 

partners will be responsible for a 

minimum 20 percent non-Federal share 

for Partnership Program grants. 

Consistent with Section IIIA of this 

Notice, FRA will expect Project 

Sponsors to propose a greater than 20 

percent local match for certain 

Improvement and Station Projects and 

project components. 

Total Project Costs shall be based on 

the best available information, including 

engineering studies, studies of economic 

feasibility, environmental analyses, and 

information on the expected use of 

equipment or facilities. FRA believes 

the NEC Commission Planning 

Documents are among the best available 

information and will use those 

documents and other sources of project 

information as appropriate when 

validating Total Project Costs estimates. 

C. Letters of Intent and Phased Funding 

Agreements 

A Letter of Intent (LOI), authorized at 

49 U.S.C. 24911(g)(1), is a letter from 

FRA to a grantee announcing ‘‘an 

intention to obligate’’ an amount to its 

project from future budget authority. 

LOIs are contingent commitments and 

not binding obligations of the Federal 

government. LOIs demonstrate FRA’s 

intent to provide future Final Design 

and Construction Lifecycle Stage 

funding for Major Capital Projects 

assuming successful completion of 

Project Planning and Project 

Development Lifecycles for the project. 

FRA anticipates issuing LOIs primarily 

to projects currently in, or beginning, 

the Project Development Lifecycle 

Stage. In issuing the LOI, FRA may 

outline conditions and/or define 

readiness thresholds which the grantee 

may use to inform future funding 

requests for Partnership Program funds. 

A Phased Funding Agreement (PFA), 

authorized at 49 U.S.C. 24911(g)(2), is 

an agreement associated with the 

obligation of an initial grant award 

under the Partnership Program. FRA 

may enter into a PFA with a Project 

Sponsor if: 

(1) the project is highly rated, based 

on the evaluations and ratings described 

in the Partnership Program NOFO and 

as conducted by FRA, and 

(2) the Federal assistance to be 

provided for the project under the 

Partnership Program is more than $80 

million. 

FRA may consider additional factors 

in determining whether a PFA is the 

appropriate funding approach for a 

project. A PFA shall: 

(1) establish the terms of participation 

by the Federal Government in the 

project; 

(2) establish the maximum amount of 

Federal financial assistance for the 

project; 

(3) include the period of time for 

completing the project, even if such 

period extends beyond the period for 

which Federal financial assistance is 

authorized; 


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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices 37911 

(4) make timely and efficient 

management of the project easier in 

accordance with Federal law; and 

(5) if applicable, specify when the 

process for complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and related 

environmental laws will be completed 

for the project. 

FRA will evaluate projects that meet 

the aforementioned requirements and 

consider if a PFA is an appropriate 

funding approach for a project. FRA 

anticipates limiting the use of PFAs to 

projects that are currently in, or 

beginning, the Final Design and/or the 

Construction Lifecycle Stages. FRA 

expects to issue PFAs for Major Backlog 

projects ready for Final Design and/or 

the Construction Lifecycle Stages to 

reflect the higher priority placed on 

these projects by FRA (see Section IIIA), 

thus providing project sponsors a higher 

degree of certainty that Federal funds 

will be available to complete the project. 

PFAs are contingent commitments and 

are not financial obligations of the 

Federal government. However, unlike 

LOIs, PFAs are agreements relating to 

the obligation of future funds and FRA 

commits to provide funding as specified 

in the PFA for the duration of the 

project, as long as the grantee continues 

to meet the terms of the PFA and 

Congress appropriates sufficient 

Partnership Program funding for such 

purpose. For a project with a PFA, FRA 

may provide grant funding in phases 

consistent with the terms of the PFA 

and within the established maximum 

amount of Federal financial assistance 

for the project. 

The NEC Project Inventory will not 

identify projects for LOIs or PFAs, as 

those determinations will be made 

based on applications during project 

selection. In response to the NOFO, 

applicants may identify and describe 

project phases or elements that could be 

candidates for subsequent Partnership 

Program funding and may request LOIs 

or PFAs for their projects, as 

appropriate. See 49 U.S.C. 24911(g) for 

detailed information on LOIs and PFAs. 

V. Comments 

The purpose of this Notice is to 

provide transparency about FRA’s 

proposed approach to developing the 

NEC Project Inventory, consult with the 

NEC Commission and the owners of the 

NEC infrastructure and facilities as 

required under 49 U.S.C. 24911(e)(6). 

FRA’s proposed approach to the NEC 

Project Inventory and Partnership 

Program Implementation may change 

following consultation. 

FRA encourages interested parties to 

submit a comment pertinent to the 

information in this Notice in docket 

number FRA–2022–0049, available at 

https://www.regulations.gov. Searches 

may be conducted by using the docket 

number and comments may be 

submitted by following the instructions 

provided. All comments will be due 30 

days after the publication date of this 

Notice. All submissions must include 

docket number for this Notice. In order 

to facilitate comment tracking and 

response, we encourage commenters to 

provide their name. 

While interested parties are not 

required to provide comments in the 

following areas, FRA is seeking targeted 

comment on the following specific 

areas: 

(1) Information, if any, that may be 

missing or inaccurate if FRA relies 

primarily on the NEC Commission 

Planning Documents for project names, 

descriptions, sponsors, Lifecycle Stage, 

Project Type, start year, cost estimates, 

and other information, in addition to an 

explanation as to why the information 

was not included in NEC Commission 

Planning Documents. 

(2) Other sources of information, if 

any, FRA should review for project 

information in preparing the NEC 

Project Inventory 

(3) The proposal described in Section 

IIIA to allocate funds for Defined Capital 

Renewal Projects still in development at 

the time of publication of the NEC 

Project Inventory, but that may become 

ready for funding after publication of 

the NEC Project Inventory. 

(4) The order, method, and plan for 

apportioning funds described in Section 

IIIA of this Notice. 

(5) FRA’s proposed use of Letters of 

Intent and Phased Funding Agreements 

permitted under 49 U.S.C. 24911(g) as 

described in Section IVC. 

(6) Issues or concerns with the 

information FRA has provided in this 

Notice. 

Notwithstanding the various forms of 

consultation, FRA advises that all 

comments should be submitted in 

writing to this notice to ensure proper 

consideration. 

All comments received, including any 

personal information, will be posted 

without change to the docket and will 

be accessible to the public at https://

www.regulations.gov. Do not include 

information in comments in the docket 

that should not be made public. Input 

submitted online via https://

www.regulations.gov is not immediately 

posted to the site. It may take several 

business days before submissions are 

posted. Comments containing 

proprietary or confidential information 

may be submitted by contacting the 

agency for alternate submission 

instructions. 

VI. Next Steps 

FRA will review comments upon the 

closing of the comment period for 

consideration in developing the NEC 

Project Inventory. FRA will publish the 

NEC Project Inventory in the Federal 

Register no later than November 15, 

2022, which may include a high-level 

summary and responses to comments 

received. Following the publication of 

the NEC Project Inventory, FRA will 

publish a NOFO soliciting applications 

for NEC Projects listed on the NEC 

Project Inventory. FRA will then 

evaluate applications consistent with 

the NOFO. FRA will publish an NEC 

Project Inventory at least every two 

years following the initial publication. 

Issued in Washington, DC. 

Paul Nissenbaum, 

Associate Administrator, Office of Railroad 

Policy and Development. 

[FR Doc. 2022–13495 Filed 6–23–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2022–0052] 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System 

Under part 235 of title 49 Code of 

Federal Regulations (CFR) and 49 U.S.C. 

20502(a), this document provides the 

public notice that on May 18, 2022, The 

Belt Railway Company of Chicago (BRC) 

petitioned the Federal Railroad 

Administration (FRA) seeking approval 

to discontinue or modify a signal 

system. FRA assigned the petition 

Docket Number FRA–2022–0052. 

Specifically, BRC requests permission 

to make permanent modifications to 

multiple locations on its 59th Street 

Line between milepost (MP) 2.0 and MP 

4.0, on Main Tracks 1 and 2. The 

modifications would include the 

removal of an interlocking plant, 

removal of signals and switches, and 

conversion of a power-operated switch 

to an electric lock. BRC states that the 

removal of these signals will eliminate 

obsolete and redundant assets and that 

the installation of a microprocessorbased train control system for the 

electric lock will offer a higher level of 

safety and reliability. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 


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