Moving Ahead for Progress in the 21st Century Act of 2011

Potential Freight Implications

FHWA Talking Freight December 2011

Tony Furst, Director

FHWA Office of Freight Management and Operations

National Freight Program Elements (Sec 1115)

• National Freight Network• National Freight Strategic Plan• Freight Performance Management• Freight Conditions and Performance Report

National Freight Network

Components: Primary Freight Network (PFN) Portions of the Interstate System not designated as part of

the PFN Critical Rural Freight Corridors (RFC)

Designation PFN designated by the Secretary and composed of up to

27,000 miles of existing roadways critical to freight movement, plus up to 3,000 miles of roadways (existing or planned) critical to future goods movement;

RFC designated by States (subject to some constraints).

Funding Projects on the NFN Eligible Projects

Must demonstrate the improvement made by the project to the efficient movement of freight on the national freight network

Up to 10% can be spent on Freight rail and maritime projects

Eligible Location of Projects On the PNF On a portion of the Interstate System not designated as PFN On roads off of the Interstate System or PFN, if that use of funds

will provide a more significant improvement or critical freight access to the PFN or Interstate System

On a NHS freight intermodal connector; On critical rural freight corridors Within the boundaries of public and private intermodal facilities

Enhanced National Highway System (NHS)

Components:• Current National Highway System• Additional urban and rural principal arterial routes,

and border crossings on those routes• Additional Intermodal Connectors• Defense Strategic Highway Network and Connectors

Outstanding Question:• How NHS relates to current National Network

National Freight Strategic Plan Condition and performance Identification of highway bottlenecks Forecasts of freight volumes Identification of major trade gateways and national

freight corridors Assessment of barriers to improved freight

transportation performance Best practices for improving the performance and

mitigating impacts Process for addressing multistate projects and

encouraging jurisdictions to collaborate Strategies to intermodal connectivity

Freight Performance ManagementPerformance Measures:

Requires USDOT, within two years of enactment, to establish performance measures for freight movement on the PFN.

State Performance Targets: Established by States within one year after DOT establishment of

performance measures. States that have not established targets by this deadline may not

obligate NFP funds.  Requires State progress toward targets:

• States must report biennially to USDOT on progress.• Absent sufficient progress, State must submit to USDOT

biennial performance improvement plan.

Freight Transportation Conditions and Performance (C&P) Report

• Due every 2 years• USDOT prepares a report that describes the

conditions and performance of the national freight network in the United States

Projects of National and Regional Significance (Sec 1118)

• Eligible Applicants – now includes non-State DOTs• Eligible Projects – more explicit for some, less explicit for others• Project Size – total project cost floor lowered to $500m or 30%

of State Apportioned Funds• Other Selection Criteria – additional criteria added• Federal Share – decreased PNRS funding to a max of 50%• Fund Characteristics – subject to appropriation, not CA • FFGA – dropped• Other Grant Requirements –vary based on project mode• Performance Reporting – added pre and post measurement

FY12-13 Program Funding Levels

• Formula National Freight Program $4.087B

• Discretionary Projects of National & Regional

Significance $1B

Jason’s Law (Truck Parking)

• Establishes Federal-aid eligibility for various projects to address a shortage of long-term commercial motor vehicle (CMV) parking on the NHS.

• Requires USDOT to conduct and periodically update a survey and assessment of CMV parking needs and related State capabilities.

Special Permits During National Emergencies (Sec 1508)

State may issue special permits (up to 120 days) during an emergency to overweight vehicles and loads that can easily be dismantled or divided if—

(A) the President has declared a major disaster

(B) the permits are issued in accordance with State law

(C) vehicles and loads are exclusively delivering relief supplies.

Freight Research and Professional Capacity Building

National Cooperative Freight Transportation Research Program (NCFRP) Program continued Gives Secretary discretion to use a portion

of Highway Research and Development funding for NCFRP

Freight Professional Capacity Building Remains as it is currently

Freight DataRequires USDOT to:• Develop new tools and improvement of existing tools to support

an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including— methodologies for systematic analysis of benefits and costs; tools for ensuring that the evaluation of freight-related

projects could consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process;

other elements to assist in effective transportation planning;• Identify transportation-related model data elements to support a

broad range of evaluation methods and techniques• Consider improvements to existing freight flow data collection

efforts

Freight Program Development Process

Element Process to Implement Date Action RequiredPFN Designation Rulemaking 1 year after law signedFreight Performance Measures

DOC Supply Chain FACA, Public Listening Sessions, Rulemaking

2 years after law signed

National Freight Strategic Plan

DOC Supply Chain FACA, Public Listening Sessions, Rulemaking

3 years after law signed

Freight C&P Report

USDOT Internal Development 2 years after law signed

PNRS Rulemaking TBDSpecial Permits Rulemaking TBDEnhanced NHS Rulemaking TBDJason’s Law Rulemaking for eligibility,

incorporation into C&P report for survey

TBD

Freight Program Implementation Processes

• NFN Designation – FAF can be used as the starting point

• PNRS Project Evaluation – well established USDOT process from TIGER Grants can be used as a base

• Strategic Plan, C&P Report, Performance Measures Development - FAF, FPM and current HOFM work will provide important inputs

Resources

Link to Bill:http://epw.senate.gov/public/index.cfm?

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