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Statement of Need: The Moving Ahead for Progress in the 21st Century Act (“MAP-21,” effective Oct. 1, 2012) made a number of changes to the project development process for New and Small Starts projects authorized by 49 U.S.C. 5309, and created a new discretionary program for Core Capacity Improvement (“CCI”) projects. This rulemaking will carry out the new CCI program and the changes to the project development process for New and Small Starts as required by MAP-21.

Summary of the Legal Basis: 49 U.S.C. 5309(g)(6) requires the Secretary to issue regulations setting the evaluation and rating process for the New Starts, Small Starts, and Core Capacity Improvement programs and the projects that seek discretionary Federal financial assistance under those programs.

Alternatives: N/A

Anticipated Costs and Benefits: On average, Congress appropriates approximately $2 billion per year for the discretionary programs under 49 U.S.C. 5309, and FTA oversees more than $10 billion in Section 5309 funds that have been committed to New and Small Starts projects. The costs and benefits of this rulemaking will be assessed during the development of the NPRM, but they are likely to be similar to those identified in the preamble to the final rule for the previous rulemaking on New and Small Starts, issued on January 9. 2013, at 78 FR 1992-2037.

Risks: This rulemaking will modify the framework whereby FTA administers the competitive, discretionary Federal grant-in-aid programs under 49 U.S.C. 5309. This rulemaking will not regulate any entities other than the State and local agencies that apply for the discretionary funds. As such, this rulemaking poses no risks for the regulated communities other than the risks inherent in pursuing Federal-aid grant funds in competition with other applicants.