1、991 Federal Railroad Administration, DOT Pt. 268 (5) Acquisition assistance will be dis-bursed only after the following have been approved by the Administrator: (i) A title opinion of the chief legal officer of the grantee that describe the type of title being acquired, and if a general warranty dee
2、d is not being given, it must explain why it could not be given. The opinion shall also advise of any need for use of the States emi-nent domain powers to assure adequate title. In addition, the opinion shall ex-plain how the defects disclosed by the title search might affect the market-ability of t
3、he property; (ii) A written determination that the property acquired is limited to the land and facilities that are needed for the rail freight services which would have been curtailed or abandoned but for the acquistion has been accepted by the Administrator; and (iii) A written determination that
4、the purchase price is consistent with the value of the property interest being acquired, and the evidence upon which the determination is based. (c) Settlement. (1) Settlement under the grant agreement is made on the basis of a Federal audit which has de-termined the allowable costs over the entire
5、term of the grant agreement. If the Federal audit determines that the allowable costs under the grant agree-ment are less than the amount of the grant, the difference shall be refunded to FRA at the end of the fiscal year in which the audit was made unless it has become the subject of another execut
6、ed grant agreement. Upon termination of a States participation in the Rail Service Assistance Program, the State shall repay FRA the Federal share of any unused rehabilitation and improve-ment assistance and any accumulated interest. 266.23 Record, audit, and examina-tion. (a) Retention and custodia
7、l require-ments for financial records, supporting documents, statistical records, and all other records pertinent to a grant pro-vided under this part shall be governed by Attachment C of OMB Circular A 102. (b) The Administrator and the Comp-troller General of the United States or any of their duly
8、 authorized represent-atives shall, until the expiration of three years after submission to the Ad-ministrator of the grantees final ac-counting of all program funds, and for any longer period necessary to resolve audit findings, have access for the pur-pose of audit and examination to any books, do
9、cuments, papers, and records which in the opinion of the Adminis-trator or the Comptroller General of the United States may be related or pertinent to the grants, contracts, or other arrangements arising out of, or in any way connected with, the rail service assistance program. 266.25 Waivers and mo
10、difications. The Administrator may, with respect to individual requests, upon good cause shown, waive or modify any require-ment of this part not required by law or make any additional requirements the Administrator deems necessary. Procedures for submission and consid-eration of petitions for waive
11、r or modi-fication are governed by 49 CFR part 211. PART 268MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM Subpart AOverview Sec. 268.1 Definitions. 268.3 Different phases of the Maglev Deploy-ment Program. 268.5 Federal funding sources for the Maglev Deployment Program. 268.7 Fede
12、ral/State share and restrictions on the uses of Federal Maglev Funds. Subpart BProcedures For Financial Assistance 268.9 Eligible participants. 268.11 Project eligibility standards. 268.13 Deadline for submission of applica-tions for preconstruction planning assist-ance. 268.15 Form and contents of
13、applications for preconstruction planning assistance. 268.17 Project selection criteria. 268.19 Evaluation of applications for preconstruction planning assistance. 268.21 Down-selection of one or more Maglev projects for further study and se-lection of one project for final design, en-gineering, and
14、 construction funding. AUTHORITY: 49 U.S.C. 322; 23 U.S.C. 322; 49 CFR 1.49. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 01001 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without licen
15、se from IHS-,-,-992 49 CFR Ch. II (10110 Edition) 268.1 SOURCE: 65 FR 2344, Jan. 14, 2000, unless otherwise noted. Subpart AOverview 268.1 Definitions. As used in this part CMAQ means Congestion Mitigation and Air Quality Improvement Program (23 U.S.C. 149). Environmental assessment (EA) means the e
16、nvironmental assessment in support of the project description and containing the information listed in 268.11(b)(6)(i). Environmental impact statement (EIS) means the environmental im-pact statement which is required pur-suant to 268.3. Eligible project costs means the costs of preconstruction plann
17、ing activities and the capital cost of the fixed guide-way infrastructure of a Maglev project, including land, piers, guideways, pro-pulsion equipment and other compo-nents attached to guideways, power distribution facilities (including sub-stations), control and communications facilities, access ro
18、ads, and storage, re-pair, and maintenance facilities, but eligible project costs do not include the cost of stations, vehicles, and equip-ment. Federal Maglev funds means such funds as are provided under the author-ity of 23 U.S.C. 322 to pay for Eligible Project Costs. Full project costs means the
19、 total cap-ital costs of a Maglev project, includ-ing Eligible Project Costs and the costs of stations, vehicles, and equipment. Phase means one of the five different phases of the Maglev Deployment Pro-gram; these phases are described in 268.3. Maglev means transportation systems employing magnetic
20、 levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour. Maglev Deployment Program means the program authorized by 23 U.S.C. 322. Partnership potential means the usage of the term in the commercial feasi-bility study of high-speed ground transportation
21、(High Speed Ground Transportation for America) mandated under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1978). Under that usage any corridor exhibiting Partner-ship Potential must at least meet the following two conditions: (1) Private enterprise must be
22、 able to run on the corridoronce built and paid foras a completely self-sus-taining entity; and (2) The total benefits of a Maglev cor-ridor must equal or exceed its total costs. STP means the Surface Transpor-tation Program (23 U.S.C. 133). TEA 21 means the Transportation Eq-uity Act for the 21st C
23、entury (Public Law No. 105178, 112 Stat. 107). 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 sec-tion. The current projected timing for implementing these phases is indicated to assi
24、st 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 changeincluding possible acceleration of deadlinesbased on the progress of the Maglev Deployment Prog
25、ram; grantees will be notified ac-cordingly. (b) Phase ICompetition for Planning Grants (Early October 1998September 15, 1999)(1) Description. In Phase I, States will apply for funds for preconstruction planning activities. As required by 268.13, applications must be filed with FRA by February 15, 1
26、999. FRA will se-lect one or more projects to receive preconstruction planning financial as-sistance awarded under this part to perform Phase II of the Maglev Deploy-ment Program. (2) Timing of Major Milestones. (i) Feb-ruary 15, 1999Planning grant applica-tions due. (ii) May 24, 1999FRA announces g
27、rantees for planning grants. (iii) August 31, 1999FRA awards planning grants for the conduct of ac-tivities listed in Phase II. (c) Phase IIProject Description Devel-opment (July 1, 1999June 30, 2000)(1) Description. In Phase II, each grant re-cipient will prepare and submit to FRA VerDate Mar2010 0
28、9:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 01002 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-993 Federal Railroad Administration, DOT 268.5 a project description, supporti
29、ng preconstruction planning reports, and an EA. Supporting reports may include demand and revenue analyses, project specification, cost estimates, sched-uling, financial studies, a system safe-ty plan (including supporting analysis), and other information in support of the project description. FRA w
30、ill use this information in reaching a decision on which projects to down-select for com-pletion of site-specific environmental studies, investment grade revenue fore-casts, and other studies and analyses necessary prior to initiation of con-struction. FRA will initiate docu-mentation of environment
31、al factors considered in the project selection process. (2) Timing of Major Milestones. (i) Feb-ruary 29, 2000Deadline for submission of appropriate EAs needed by FRA for the down-selection of one or more projects under Phase III. (ii) June 30, 2000Deadline for sub-mission of project descriptions an
32、d any related supporting reports needed by FRA for down-selection of one or more projects. (d) Phase IIIProject Selection Process (July 1, 2000September 30, 2000)(1) De-scription. FRA will evaluate the infor-mation provided by the grant recipi-ents under Phase II and will down-se-lect one or more pr
33、ojects for comple-tion of additional environmental stud-ies, investment grade revenue fore-casts, and other studies and analyses necessary prior to initiation of con-struction. (2) Timing of Major Milestones. Sep-tember 30, 2000FRA down-selects one or more project(s). (e) Phase IVProject Development
34、 and Completion of Site-specific EIS (October 1, 2000November 30, 2001)(1) Description. The financial assistance recipient(s) down-selected in Phase III will com-plete additional environmental studies, investment grade revenue forecasts, and other studies and analyses nec-essary prior to initiation
35、of construc-tion, and address issues raised by FRAs review of system safety plans (including supporting analysis). They will also initiate final design and engi-neering 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 fina
36、l design, en-gineering, and construction funding. Detailed agreements for the construc-tion and operation of the selected project will be negotiated. (2) Timing of Major Milestones. (i) March 31, 2001If more than one project is down-selected in Phase III, FRA will select one project. (ii) December 3
37、1, 2001FRA will issue a Final Record of Decision on the site- specific EIS for the one selected project, confirming the project design. (f) Phase VCompletion of Detailed En-gineering and Construction January 1, 2002 and beyond). In Phase V, the spon-soring State or State-designated au-thority will o
38、versee the efforts of the public/private partnership formed to progress the selected project, to com-plete the detailed engineering designs, and finance, construct, equip, and oper-ate the project in revenue service. Con-struction will be contingent upon the appropriation of Federal funds. In no eve
39、nt will construction be authorized until FRA is fully satisfied that the system will meet appropriate safety standards. 268.5 Federal funding sources for the Maglev Deployment Program. (a) Federal Maglev Funds. Section 322 of Title 23 provides for the following funds for the Maglev Deployment Pro-gr
40、am: (1) Contract authority. Fifty-five mil-lion has been made available for the Maglev Deployment Program as con-tract authority from the Highway Trust Fund for Fiscal Years 1999 through 2001; this would be used to fund the competition in all its phases and could also be used for final design, engin
41、eering, and construction activi-ties of the selected project. Of the $55 million, the Congress has made avail-able up to $15 million for Fiscal Year 1999, up to $15 million for Fiscal Year 2000, and $25 million for Fiscal Year 2001. (2) Authorization for appropriations. Nine hundred fifty million, a
42、lso from the Highway Trust Fund, has been au-thorized to be appropriated for the Maglev Deployment Program for Fiscal Years 2000 through 2003. Of the $950 mil-lion, $200 million is authorized to be appropriated for each of Fiscal Years VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 01003
43、 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-994 49 CFR Ch. II (10110 Edition) 268.7 2000 and 2001, $250 million for Fiscal Year 2002, and $300 million for Fiscal Year 20
44、03. Any decision to proceed with possible Federal funding of the con-struction of a Maglev system will be contingent upon the receipt of appro-priations, and upon completion of ap-propriate environmental documenta-tion. (b) Other Federal funds. Section 322 of Title 23 provides that the portion of th
45、e Maglev project not covered by Fed-eral Maglev Funds may be covered by any non-Federal funding sourcesin-cluding private (debt and/or equity), State, local, regional, and other public or public/private entitiesas well as by Federally-provided STP and CMAQ funds, and by other forms of financial assi
46、stance made available under title 23 and TEA 21, such as loans and loan guarantees. (c) Costs Incurred in Advance of Coop-erative Agreement. Certain costs in-curred in advance of the execution of a cooperative agreement between FRA and the grantee for pre-construction planning but after enactment of
47、 TEA 21 (June 9, 1998) will be eligible for re-imbursement, but such costs are allow-able only to the extent that they are otherwise allowable under the terms of a fully executed cooperative agree-ment. 268.7 Federal/State share and restric-tions on the uses of Federal Maglev Funds. (a) Federal shar
48、e. The Federal share of Full Projects Costs shall be not more than 23, with the remaining 13 paid by the grant recipient using non- Federal funds. Funds made available under STP and CMAQ are considered non-Federal funds for purposes of the matching requirement. (b) Restrictions on the uses of Federa
49、l Maglev Funds. (1) Federal Maglev Funds may be applied only to Eligible Project Costs; (2) Federal Maglev Funds provided under a preconstruction planning grant may be used only for Phase II activi-ties, and for completion of site-specific draft EISs; see 268.3; (3) Federal Maglev Funds may be used to pay for only 23 of preconstruction planning costs; grant recipients are required to pay the re-maining 13 of the costs with
