Federal Infrastructure Funding Rollout Continues and Proposed Safety Rules Open for Comments

It has been a few busy weeks at the U.S. Department of Transportation (USDOT) for announcements on continued federal funding availability and proposed new vehicle safety regulations.  On June 27, 2023, USDOT opened the second year of funding for a trio of popular federal infrastructure investment programs combined in a single Notice of Funding Opportunity (NOFO) and application process under the Multimodal Project Discretionary Grant Program (MPDG).  This followed announcements earlier in June on a proposed rule making requiring automated brake systems in both light- and heavy-duty vehicles sold in the U.S. 

Multimodal Project Discretionary Grant Program Funding Is Open

The MPDG program combines three major discretionary grant programs (the INFRA, Mega, and Rural programs) into a single competitive grant opportunity.  Up to $5.575 billion is available to state, regional, and local governments from Infrastructure Investment and Jobs Act (IIJA).  The funding supports discretionary grants for surface transportation projects designed to strengthen supply chains, spur economic development, and improve safety and daily life.  The combined program follows the process used last year to reduce the burdens of grant applications for state, regional and local applicants and expand the eligibility for projects.  The application deadline is 11:59 pm EDT on August 21, 2023.

The program’s funds are available for FY 2023-2024 for three programs in a single application.

1. Infrastructure for Rebuilding America (INFRA) Program ($3.1 billion):  The INFRA program awards competitive grants to multimodal highway and freight projects of national or regional significance to improve the safety, accessibility, efficiency, and reliability of the movement of freight and people in and across rural and urban areas.  Eligible projects will improve safety, generate economic benefits, reduce congestion, enhance resiliency, and hold the greatest promise to eliminate supply chain bottlenecks and improve critical freight movements.
2. National Infrastructure Project Assistance (Mega) Program ($1.8 billion):  Mega was created in IIJA to fund major projects that are too large or complex for traditional funding programs.  The program provides competitively awarded grants to support multijurisdictional or regional projects of significance that may also cut across multiple transportation modes.  Eligible projects could include highway, bridge, freight, port, passenger rail, and public transportation projects of national and regional significance.  USDOT will award half of the program’s funding to projects greater than $500 million in cost, and the remaining 50 percent to projects greater than $100 million but less than $500 million in cost. 
3. Rural Surface Transportation Grant (Rural) Program ($675 million):  The Rural program was established in IIJA to improve and expand the surface transportation infrastructure in rural areas.  Eligible projects for RURAL grants include highway, bridge, and tunnel projects that improve freight, safety, and create or expand access to agricultural, commercial, energy, or transportation facilities that support rural economies.  IIJA requires that  90% of Rural program funding be awarded in amounts of $25 million or greater.

The Rural and Tribal Assistance Pilot Program

The Build America Bureau is hosting the Rural and Tribal Assistance Pilot Program which offers technical assistance grants to rural and tribal communities.  A Notice of Funding Opportunity for this new pilot program combines two years of funding (Fiscal Years 2022 and 2023), offering a total of $3.4 million for eligible applicants on a first-come, first-served basis.  There is no local match required for this program.  Individual awards will range in value up to $360,000.  The grants may be used to hire staff or advisors to assist with early project development-phase activities including, feasibility studies; preliminary engineering and design; environmental review; revenue forecasting; financial feasibility analysis; statutory and regulatory analysis; and drafting and negotiation of agreements.  Eligible entities include local governments and political subdivisions, as well as federal recognized tribes with projects in non-urbanized areas with populations of 150,00 or less.  Details on the simple grant application is available here, and interested parties may register for a webinar on the program scheduled for July 20, 2023 at 3pm EDT.  The Build America Bureau will begin accepting submissions at 2pm EDT on August 14, 2023.

Two Notices of Proposed Rules for Vehicle Automated Braking System Requirements

USDOT announced a Notice of Proposed Rule Making (NPRM) on May 31, 2023, to require all light-duty vehicles to have automatic emergency braking (AEB) systems to avoid collisions and reduce roadway fatalities and injuries.  This was followed by a similar NPRM for heavy-duty vehicles on June 23, 2023.  About 90 percent of the new vehicles on sale now have some form of automatic emergency braking, but not all meet the standards being proposed.  Automatic Emergency Braking (AEB) uses combinations of cameras, radar, lidar, and thermal sensors to spot vehicles, pedestrians, cyclists, and other obstacles.  The new proposed rules raise the voluntary standards and requirements in place today and would become effective four years after the adoption of the rules.  For light vehicles, the proposed rules seek to avoid collisions with pedestrians at speeds up to 37 mph and with stopped/slow-moving vehicles at speeds up to 62 mph.  These rules also require forward collision warning at > 6.2 mph and application of brakes automatically when a collision is imminent.  The AEB tests also prioritize new standards for testing in dark conditions.  The heavy vehicle rules target low (6 mph) and high (50 mph) speeds aimed to mitigate rear-end collisions.  Public comments open for the proposed rule making are open for 60 days following each NPRM announcement.