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FTA “Dear Colleague” Letter Raises Concerns Regarding Federal Share Treatment of TIFIA and RRIF Loans

The Federal Transit Administration (“FTA”) recently penned a “Dear Colleague” letter regarding the Agency’s implementation of the Capital Investment Grants Program, stating that FTA will consider federal loans or financing tools in the context of all federal funding sources for a project, implying that such financing assistance will be calculated as part of a transit … Continue Reading

Federal Maritime Funding Opportunity Prioritizes Innovative Project Delivery

Sponsors of critical maritime transportation projects received welcome news this week, as the U.S. Department of Transportation (“USDOT”) published a Notice of Funding Opportunity (“NOFO”) for America’s Marine Highway Projects. This notice makes available roughly $7 million in recently-appropriated funds for the Short Sea Transportation Program (46 U.S.C. § 55601), commonly referred to as America’s … Continue Reading

Rail Projects in Chicago and Ohio Receive U.S. Department of Transportation INFRA Grant Funding

Last week the U.S. Secretary of Transportation Elaine Chao notified Congress of DOT’s INFRA grant winners.  The Chicago CREATE program will receive over $132 million to reduce congestion where multiple railroads intersect and to eliminate automobile traffic delays by separating rail and automobile traffic.  In Ohio, the Ohio Rail Development Commission will receive over $16.2 … Continue Reading

GAO Report Critiques FTA’s Failure to Implement MAP-21 and FAST Act Mandates

A new Government Accounting Office report says the Federal Transit Administration has failed to meet three statutory requirements (two from MAP-21 and one from the FAST Act) related to the Capital Investments Grant program, the primary source of federal funding for commuter, light rail, subway, ferry and bus rapid transit projects.  FTA says it has … Continue Reading

FRA Releases Latest Railroad Progress Report as PTC Deadline Looms

As the December 31, 2018 deadline approaches for freight, passenger, and commuter railroads to implement Positive Train Control (“PTC”), the Federal Railroad Administration (“FRA”) is reporting on the progress of individual railroads in complying with the mandate. In 2008, Congress passed the Rail Safety Improvement Act and mandated that certain railroads carrying passengers or hazardous … Continue Reading

White House Releases Roadmap for Nation’s Infrastructure; Congress Takes the Wheel

The White House released its long-awaited infrastructure proposal to Congress this morning, along with the President’s fiscal year 2019 budget proposal. While elements have been hinted at and leaked before, the 55-page document released today provides significant new details. Though the Administration began to advance discrete priorities by executive action this past year, this broad … Continue Reading

How Would a Government Shut-Down Impact the Department of Transportation?

A government shut down arises when Congress fails to pass an appropriations act that enables federal agencies to spend. There should be separate appropriations acts for groups of agencies.  However, in recent years, Congress has not enacted these separate appropriations acts, but collected them in one enormous bill that includes virtually every agency of the … Continue Reading

STB Jurisdiction Over Intrastate Passenger Rail

In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is currently constructing a high-speed passenger rail line with the long-term goal of connecting the metro areas of San Francisco and … Continue Reading
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