Program Update and Development

Standing Committee on Rail Transportation (SCORT)September 20, 2010

High-Speed Intercity Passenger Rail Program

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Agenda

1. HSIPR Program Update

2. Program Development – Next Steps

3. Identifying Priorities: Group Discussions (after break)

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2

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Program Update

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HSIPR Program Development Timeline

President Announces Selections

PRIIAOct 16, 2008

ARRAFeb 17, 2009

Selection Announcements

Jan 28, 2010

FY10 FundingSpring/Summer

2010

FY11 Appropriations

Fall 2010

Authorization

$8 Billion

Next Round of Funding

$2.5 Billion

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$3.5 Billion for Emerging High-Speed Rail Services (79 – 110 mph)$3.5 Billion for High-Speed Rail Express Services (150 mph+)$9.45 Million for Planning Studies$1 Billion for Upgrades to Existing Intercity Passenger Rail Services82 Applications from 31 States

HSIPR round 1 selections

Corridor Development Program

Projects Laying Foundation for High-Speed Rail

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Round 1 grant agreement update

Project Status (as of 9/17) # $

Obligated 20 $648 M

Waiting for State Signature 3 $218 M

Finalizing Grant Agreement 1 $17 M

Nearing Obligation 8 $45 M

Top priority: round 1 grant awards-Project Definitions-Financial Plan-Project Management Plan-Agreements

Documentation: “Continuous Improvement Process”

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Round 2 applications under review

CT NJ

DE

MD

D.C.

RI

WA

CANV

ID

MT

AZNM

CO

UT

WY

OR

NE

SD

ND

KSMO

IA

MN

WI

IL

MI

INOH

OKTX

LA

TN

KY

MS

FL

ALGA

SC

NC

WV

NHVT

ME

NY

PA

AR

VA

MA

Includes all applications submitted on May 19, 2010, for FY 2009 Residual projects and FY 2010 Planning projects; and applications submitted on August 6, 2010, for FY 2010 Service Development Programs and Individual Projects

Application(s) Submitted

Residual FY09 Construction

FY10 Planning FY10 Construction Total

4 States 23 States 25 States 32 States

8 apps 43 apps 77 apps 128 apps

$129 M requested $137 M requested $8,500 M requested $8.8 B req

~$69 M available $50 M available $2,370 M available $2.5 B avail

128 applications and $8.8 billion requested by 32 States

Program Development – Next Steps

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Objectives for developing HSIPR Program policy

1. Comprehensive approach to program documentation

2. Provide clarity and consistency

3. Ensure level of documentation is appropriate to the topic

4. Focus initially on grantees’ immediate issues

5. Establish collaborative, transparent, and thorough process

6. Get it right the first time

More defined & long-term, lengthy development process, strong legal standing, fewer issues covered.

Flexible & adaptable, faster development process, weaker legal standing, more issues covered.

Program Documentation Hierarchy

Statute

Rules/Regs

Guidance

FAQs

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Different process for developing each document

Statute

Rules/Regs

Guidance

FAQs

• Process: Formal

• Publications: Federal Register

• Public comment: Multiple periods

• Outreach: Broad-based and regulated

• Purpose: Establish program-specific requirements

• Length: Years

• Process: Internal FRA approval

• Publications: FRA website

• Public comment: No formal process

• Outreach: Targeted

• Purpose: Address immediate stakeholder issues

• Length: Weeks

• Process: Congressional

• Publications: U.S. Code

• Public comment: No formal process

• Outreach: Hearings

• Purpose: Create high-level program structure

• Length: Variable

• Process: Agency-determined

• Publications: Federal Register & FRA website

• Public comment: Single period

• Outreach: Targeted

• Purpose: Provide direction on issues facing all projects and grantees

• Length: Months

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Federal rulemaking process

• Agency publishes initial draft or analysis

• Opportunity for public input

• Proposed regulatory language and justification

• Published in Federal Register

• Public responds to proposed rule

• 30-180 days

• Final regulatory language

• Responds to comments

• Report to Congress & Comptroller General

• Published in Federal Register

• Minimum 60 days after publication

ANPRM(Advanced Notice

of Proposed Rulemaking)

NPRM(Notice of Proposed

Rulemaking)

Public Comment Final Rule Effective

Date

Source: Neil Eisner, “Rulemaking Requirements,” U.S. Department of Transportation, April 2009.

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Proposed timeline for program guidance and rulemaking

2010 2011 2012 2013 2014

FAQ and Guidance Development

Rulemaking Process

Initial Outreach ANPRM

FinalRule

Reauthorization?

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Initial outreach strategy

Who?

• State DOTs/agencies

• Regional rail authorities

• Railroads

• Manufacturers/suppliers

• Transit, airports, other modes

• Interest groups/public

What?

• Prioritize immediate needs

• Identify major gaps in current guidance

• Gather input on answers to program questions

How?

• Breakout sessions at industry conferences

• FRA-owned working groups and meetings

• Regular FRA-led conference calls

Results

Develop FAQs, guidance, and rules in collaboration with stakeholders to define the HSIPR Program

Identifying Priorities:Group Discussions

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Three key areas for further guidance

1. Project Development

Planning:- Service Development Plan- Service NEPA

Project: Preliminary Engineering Project NEPA

Implementation: Final Design Construction

2. Project Delivery

Project Management:- Project Management Plan/Organization- Risk Management- System Safety and Security- Grants Reporting and Oversight

Financial Plan:- Cost Estimates- Project Financing- Public/Private Partnerships

Agreements:- Railroad Owner- Service Operator- Project Sponsor

Note: The topics provided here are only a few of the many topics that will need to be developed and documented.

3. Roles & Responsibilities

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3. Project Development

Planning:- Service Development Plan- Service NEPA

Project: Preliminary Engineering Project NEPA

Implementation: Final Design Construction

- Where do you need more clarity to be able to successfully develop your projects?

- Which topics/gaps are highest priority? Lowest priority?

Questions For You

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2. Project Delivery

Project Management:- Project Management Plan- Organizational Structure- Risk Management- System Safety and Security- Grants Reporting and Oversight

Financial Plan:- Cost Estimates- Project Financing- Public/Private Partnerships

Agreements:- Railroad Owner Agreements- Service Operator Agreements- Project Sponsor Agreements

- Where do you need more clarity to be able to successfully develop your projects?

- Which topics/gaps are highest priority? Lowest priority?

Questions For You

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Roles & Responsibilities

Activity Sheet

On the activity sheet:- Use your stickers to identify the partner(s)

that should lead each activity

Your Assignment

Discuss with your group:- Which areas of responsibility do you

agree about?- Which activities should be shared

across two or more partners and how?

Project Development Steps Supporting Policies

Equipment & Development

StandardsNational Planning

Corridor Planning /

NEPAROW

AcquisitionPreliminary

Engineering/ Project NEPA

Final Design & Construction

Operations & Maintenance Financing Transit

Connections Land Use

Federal

                       

State / Regions

                       

Local

                       

Private