[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR268.3]

[Page 782-783]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 268_MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM
--Table of Contents
 
                           Subpart A_Overview
 
Sec. 268.3  Different phases of the Maglev Deployment Program.

    (a) The Maglev Deployment Program includes five phases, as described 
in paragraphs (b) through (f) of this section. The current projected 
timing for implementing these phases is indicated to assist applicants 
in planning their projects. All dates beyond the first date (the 
deadline for the submission of preconstruction planning applications) 
are for planning purposes only and are subject to change--including 
possible acceleration of deadlines--based on the progress of the Maglev 
Deployment Program; grantees will be notified accordingly.
    (b) Phase I--Competition for Planning Grants (Early October 1998--
September 15, 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) May 24, 1999--FRA announces grantees for planning grants.
    (iii) August 31, 1999--FRA awards planning grants for the conduct of 
activities listed in Phase II.
    (c) Phase II--Project Description Development (July 1, 1999--June 
30, 2000).
    (1) Description. In Phase II, each grant recipient will prepare and 
submit to FRA a project description, supporting preconstruction planning 
reports, and an EA. Supporting reports may include demand and revenue 
analyses, project specification, cost estimates, scheduling, financial 
studies, a system safety plan (including supporting analysis), and other 
information in support of the project description. FRA will use this 
information in reaching a decision on which projects to down-select for 
completion of site-specific environmental studies, investment grade 
revenue forecasts, and other studies and analyses necessary prior to 
initiation of construction. FRA will initiate documentation of 
environmental factors considered in the project selection process.
    (2) Timing of Major Milestones.
    (i) February 29, 2000--Deadline for submission of appropriate EA's 
needed by FRA for the down-selection of one or more projects under Phase 
III.
    (ii) June 30, 2000--Deadline for submission of project descriptions 
and any related supporting reports needed by FRA for down-selection of 
one or more projects.
    (d) Phase III--Project Selection Process (July 1, 2000--September 
30, 2000). (1) Description. FRA will evaluate the information provided 
by the grant recipients under Phase II and will down-select one or more 
projects for completion of additional environmental studies, investment 
grade revenue forecasts, and other studies and analyses necessary prior 
to initiation of construction.
    (2) Timing of Major Milestones. September 30, 2000--FRA down-selects 
one or more project(s).
    (e) Phase IV--Project Development and Completion of Site-specific 
EIS October 1, 2000--November 30, 2001).
    (1) Description. The financial assistance recipient(s) down-selected 
in Phase III will complete additional environmental studies, investment 
grade revenue forecasts, and other studies and analyses necessary prior 
to initiation of construction, and address issues raised by FRA's review 
of system safety plans (including supporting analysis). They will also 
initiate final design and engineering work for the down-selected 
project(s). If more than one project is down-selected in Phase III, FRA 
will select one of them for final design, engineering, and construction 
funding. Detailed agreements for the construction and operation of the 
selected project will be negotiated.
    (2) Timing of Major Milestones. (i) March 31, 2001--If more than one 
project is down-selected in Phase III, FRA will select one project.
    (ii) December 31, 2001--FRA will issue a Final Record of Decision on 
the site-specific EIS for the one selected project, confirming the 
project design.

[[Page 783]]

    (f) Phase V--Completion of Detailed Engineering and Construction 
January 1, 2002 and beyond). In Phase V, the sponsoring State or State-
designated authority will oversee the efforts of the public/private 
partnership formed to progress the selected project, to complete the 
detailed engineering designs, and finance, construct, equip, and operate 
the project in revenue service. Construction will be contingent upon the 
appropriation of Federal funds. In no event will construction be 
authorized until FRA is fully satisfied that the system will meet 
appropriate safety standards.