This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
FederalRegister.gov retrieves relevant information about this document from Regulations.gov to provide users with additional context. This information is not part of the official Federal Register document.
Build America Bureau (Bureau), U.S. Department of Transportation (Department or DOT).
Notice of availability of proposed guidance document; request for comments.
The Build America Bureau (Bureau) is making available for public comment a proposed guidance document that would set an interim policy for the preferred loan sizing for transit-oriented development (TOD) projects under the Railroad Rehabilitation and Improvement Financing (RRIF) and Transportation Infrastructure Finance and Innovation Act (TIFIA) credit programs. The interim policy would be applied only to active projects in the RRIF and TIFIA programs' pipeline that previously received a preliminary eligibility determination or initiated the National Environmental Policy Act (NEPA) process ( i.e., USDOT has made an official class of action determination in writing based on detailed project information provided by the project sponsor). All other projects would need to apply (or reapply) once a final policy framework and updated application process for TOD projects are announced in a subsequent notice to be published in the near future.
Comments must be submitted by May 18, 2026 to receive full consideration by DOT for incorporation into the final guidance document. Late-filed comments will be considered to the extent practicable.
Please send your comments, identified by Docket No.: [DOT-OST-2026-1487], to the Federal Regulations portal at www.regulations.gov.
Dan Schned, Acting Director, Office of Outreach and Project Development, Build America Bureau, at daniel.schned@dot.gov or 202-366-2897, with a courtesy copy to usdotaccessibility@dot.gov and buildamerica@dot.gov.
Please reference “Proposed Guidance for Preferred Loan Sizing for TOD Projects” in the subject line when submitting your response. Please note that any comments received by email will be posted, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. DOT looks forward to your submission in response to this notice.
In early 2025, DOT commenced a review of its policies related to credit assistance for TOD projects under the RRIF and TIFIA credit programs. As an outcome of this review, the Bureau has published a proposed guidance document to ensure that RRIF and TIFIA resources are deployed strategically to TOD projects that maximize transportation benefits. The proposed guidance document describes a preferred maximum loan sizing methodology that correlates the value of the transportation benefits a TOD project generates with the maximum size of a loan the Bureau would anticipate accepting as a policy matter.
This guidance document applies only to active projects in the Bureau's pipeline that have either received a preliminary eligibility determination letter from the Bureau or initiated a DOT-led National Environmental Policy Act (NEPA) process. The Bureau is developing an additional subsequent notice that will describe the future, updated application process and set of discretionary criteria for new TOD project financing requests. All TOD projects other than those described above to whom this current guidance document applies will need to apply/reapply pending the publication of the additional subsequent notice.
The proposed Preferred Loan Sizing guidance document, in the form of Frequently Asked Questions, is available for review on the Bureau's website at ( https://www.transportation.gov/buildamerica/TOD/faqs), and the Federal Regulations portal ( www.regulations.gov) with Docket No.: DOT-OST-2026-1487. The Bureau is seeking public comment on ( printed page 21872) the proposed guidance document before it is issued as final. In addition to general feedback, the Bureau specifically solicits input on the scope of the policy's implementation as detailed in Section II below.
The Bureau solicits comments on the proposed implementation of this guidance. Under the current proposal, the Bureau would apply the interim policy only to specific transit-oriented development (TOD) projects currently in the pipeline, pending the development of a subsequent notice that would establish a separate, comprehensive application framework for all other current and future TOD credit assistance requests. Specifically, the Bureau requests input on the comparative merits of establishing a unified implementation framework—applying the preferred loan-sizing methodology described herein to the entirety of the TOD pipeline and all future applicants—as an alternative to the proposed phased approach.
Issued in Washington, DC, on April 21, 2026 pursuant to authority delegated by the Secretary,
Morteza Farajian,
Executive Director, Build America Bureau.
[FR Doc. 2026-07981 Filed 4-22-26; 8:45 am]
BILLING CODE 4910-9X-P
13 comments have been received at Regulations.gov.
Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Submitted comments may not be available to be read until the agency has approved them.