FAST Act State Freight Plans (49 U.S.C. 70202)

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FAST Act State Freight Plans (49 U.S.C. 70202)

United States Department of Transportation Federal Highway Administration

Prepared for Talking Freight Webinar,
November 16, 2016

Office of Freight Management
and Operations
1200 New Jersey Avenue SE
Washington, D.C. 20590
www.ops.fhwa.dot.gov/freight

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Overview

Background
MAP-21 vs. FAST Act Freight Planning Requirements
Purpose of the Guidance
Contents of State Freight Plans
- Requirements and Recommendations
- National Multimodal Freight Policy Goals
State Freight Plan Review Process
Contact Information

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Background

The Fixing America's Surface Transportation Act (FAST Act) included a provision that requires each State that receives funding under the National Highway Freight Program (NHFP) to develop a State Freight Plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight.
The freight plan may be developed separate from or incorporated into the Long-Range Statewide Transportation Plans required by 23 U.S.C. 135.

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MAP-21 vs. FAST Act Freight Plans

There are several additional requirements added under the FAST Act that were not components of the Moving Ahead for Progress in the 21st Century Act (MAP-21):

When applicable, a listing of—
- Multimodal critical rural freight facilities and corridors designated within the State under section 70103 of title 49; and
- Critical rural and urban freight corridors designated within the State under section 167 of title 23;
A description of how the Plan will meet the multimodal freight policy goals described in section 70101(b) of title 49 and the national highway freight program goals described in section 167 of title 23;

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MAP-21 vs. FAST Act Freight Plans, cont.

Consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay;
A freight investment plan that is fiscally constrained, includes a list of priority projects, and describes how funds made available to carry out section 167 of title 23 would be invested and matched; and
Consultation with the State Freight Advisory Committee, if applicable.

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Purpose of the Guidance on State Freight Plans

Provide States with information on the required elements.
Provide a template that reflects those statutory requirements.
Recommend approaches and information (optional elements) States may include.
Provide suggestions and encourage States to establish State Freight Advisory Committees to benefit State freight planning.

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Contents of State Freight Plans

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Requirement # 1: Identification of significant freight system trends, needs, and issues

Recommendations:

DOT recommends, but does not require, that the State Freight Plan begin with a discussion of the role that freight transportation plays in the State's overall economy.

Identify industries most important to the economy and the specific freight transportation modes and facilities vital to their supply chains; and
Key issues confronting the freight system (present and future);
Needs to improve safety and reduce impacts of freight movement on communities as well as future transportation labor force challenges.

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What does identification include?

This could include assessing the following:

The benefits and burdens of freight movements
Effects on community connectivity and cohesion
Impacts of longer and more frequent trains at roadway/rail grade crossings
Truck parking capacity and information on parking availability
Hazardous material transportation and emergency response capability
Areas with high levels of pedestrian and bicycle activity

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Requirement # 2: Description of freight policies, strategies, and performance measures guiding transportation investment decisions

Recommendations:

Identify any constraints in State law that affect freight-related investments and policies.
Discuss regional freight planning activities in which the State participates and identify freight-related institutions.
Explain how it will measure the success of its strategies, policies, and investments in achieving the goals and objectives of the Plan.

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Requirement # 3: When applicable, a listing of…

Multimodal critical rural freight facilities and corridors designated within the State under section 70103 of title 49; and
Critical rural and urban freight corridors designated within the State under section 167 of title 23.

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Requirement # 4: How the plan will improve the ability of the State to meet the goals of the National Multimodal Freight Policy and the National Highway Freight Program?

The National Multimodal Freight Policy goals (49 U.S.C. 70101) are extensive and pertain to the National Multimodal Freight Network (49 U.S.C. 70103). The National Highway Freight Program goals are found in Section 167 of title 23.

Recommendation:

States should strongly consider emphasizing aspects of their State goals and strategies intended to improve safety, security, and resiliency of the freight system, including:

How the State is addressing the role of climate change; and,
How the State plans to mitigate the effects of freight on communities (particularly minority and low-income) and the environment.

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National Multimodal Freight Policy Goals

The goals of the National Multimodal Freight Policy are:

Identify infrastructure improvements, policies, and operational innovations that:
- Strengthen the contribution of the national Multimodal Freight Network to the economic competitiveness of the United States;
- Reduce congestion and eliminate bottlenecks on the National Multimodal Freight Network; and
- Increase productivity, particularly for domestic industries and businesses that create high-value jobs;
Improve the safety, security, efficiency, and resiliency of multimodal freight transportation;

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National Multimodal Freight Policy Goals, cont.

Achieve and maintain a state of good repair on the National Multimodal Freight network;
Use innovation and advanced technology to improve the safety, efficiency, and reliability of the National Multimodal Freight Network;
Improve the economic efficiency and productivity of the National Multimodal Freight Network;
Improve the reliability of freight transportation;

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National Multimodal Freight Policy Goals, cont.

Improve the short- and long-distance movement of goods that:
- Travel across rural areas between population centers;
- Travel between rural areas and population centers; and
- Travel from the nation’s ports, airports, and gateways to the National Multimodal Freight Network;
Improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address multimodal freight connectivity;
Reduce the adverse environmental impacts of freight movement on the National Multimodal Freight Network; and
Pursue the goals described in this subsection in a manner that is not burdensome to State and local governments.

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National Highway Freight Program Goals

The goals of the National Highway Freight Program are:

Invest in infrastructure improvements and implement operational improvements on the highways of the United States that:
- Strengthen the contribution of the National Highway Freight network to the economic competitiveness of the United States;
- Reduce congestion and bottlenecks on the National Highway Freight Network;
- Improve the year-around reliability of freight transportation; and
- Increase productivity, particularly for domestic industries and businesses that create high-value jobs;
Improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas;
Improve the state of good repair of the National Highway Network;

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Requirement # 5: Innovative technologies and operational strategies that improve the safety and efficiency of freight movement

Recommendations:

Explore the abilities of new technologies and how they will affect the need to modify or expand existing infrastructure.
Consult with the private sector about innovations through forums such as State Freight Advisory Committees.

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National Highway Freight Program Goals, cont.

Use innovation and advanced technology to improve the safety, efficiency, and reliability of the National Highway Freight Network;
Improve the efficiency and productivity of the National Highway Freight Network;
Improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address highway freight connectivity; and
Reduce the environmental impacts of freight movement on the National Highway Freight Network.

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Requirement # 6: Description of improvements that may be required to reduce or impede the deterioration due to heavy vehicles

Recommendations:

The State Freight Plan should address the problems and strategies to manage heavy freight vehicles on roadways.
States should also consider the viability of shifting heavy freight to modes other than highways.
DOT recommends, but does not require, that the freight plan address special needs (of waterways, ports, railways) to move very heavy materials.

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Requirement # 7: An inventory of facilities with freight mobility issues, such as bottlenecks and mitigation strategies

Recommendations:

Identify any significant intermodal connector/first- and last-mile mobility issues;
Give special consideration to facilities in which bottlenecks have significant consequences on freight transportation across multiple States;
Describe mobility issues associated with non-highway modes; and
Consider freight movement in urban settings that affect multiple transportation users including transit riders, bicyclists, and pedestrians.

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Requirement # 8: Consideration of any significant congestion or delay caused by freight movements and mitigation strategies

Recommendations:

Make quantitative or qualitative assessments of delay to freight movements on both local and network bases.
Consider network effects of mitigating actions and, where possible, to look at a variety of solutions; including but not limited to:
- Adding multimodal capacity;
- Improved intelligent transportation systems;
- Incentives to use off-peak delivery times; and
- Regulatory changes to eliminate impediments.

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Requirement # 9: A freight investment plan that includes a list of priority projects and describes how funds would be invested and matched

The freight investment plan component shall (49 U.S.C. 70202(c)(2)) include a project, or identified phase of a project, only if funding for completion of the project can be reasonably anticipated.

Note: In the State Freight Plan, the term "fiscally-constrained" has the same meaning as is applied to the Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP).

Recommendations:

Freight investment plans should be carefully aligned with the TIP and STIP documents for the respective State.

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Freight Investment Plan Recommendations, cont.

States may opt to extend the period of their Freight Investment Plan to longer intervals, including 20-year periods that correspond to the Statewide and metropolitan long-range plans.
States may coordinate multi-state projects with the States involved, to ensure the project is accurately and consistently reflected in each State Freight Plan.
States may consider the results of economic analyses when determining which projects are included in their investment plan.

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Requirement # 10: Consultation with the State Freight Advisory Committee, if applicable

Recommendations:

Provide information summarizing consultation efforts with the State Freight Advisory Committee (if one has been established). This may include:
- A summary of Committee meeting minutes; or
- A written position paper from the State Freight Advisory Committee.
Establish State Freight Advisory Committees that include a wide range of stakeholders to help inform State freight planning.
There is no statutory requirement that a State Freight Advisory Committee must approve a State Freight Plan.

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State Freight Plan Review Process

To meet the December 4, 2017, deadline, States are advised to expect a Federal review timeframe of up to 60 days, incorporating the following actions:

State DOT submits freight plan to FHWA Division Office in that State;
FHWA coordinates review with the Federal Aviation Administration, Federal Railroad Administration, and the Maritime Administration, as appropriate; and
FHWA Division notifies State DOT of determination via letter.

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Contact: FHWA Office of Freight Management and Operations

Tiffany Julien, Transportation Specialist
Tiffany.julien@dot.gov; 202-366-9241

Spencer Stevens, Transportation Planner
Spencer.stevens@dot.gov; 202-366-0149

Link: Guidance, Federal Register, October 14, 2016
https://www.federalregister.gov/documents/2016/10/14/2016-24862/guidance-on-state-freight-plans-and-state-freight-advisory-committees