Magnetic Levitation (Maglev) Transportation Technology Deployment Program — FRA
The federal government's Magnetic Levitation Transportation Technology Deployment Program — authorized by Congress in the late 1990s and governed by 49 CFR Part 268 — was the United States' first structured attempt to bring commercial maglev technology from concept to deployment. Maglev trains travel on magnetic fields rather than steel wheels on steel rails, allowing speeds of 300+ mph that are impossible on conventional rail. The program funded preconstruction planning for candidate maglev projects across the country, though no project advanced to construction under the program's framework.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 49 CFR Part 268 |
| Issuing agency | Federal Railroad Administration (FRA), DOT |
| Statutory authority | 23 U.S.C. § 322; 49 U.S.C. § 322 |
| Program status | Authorized; preconstruction planning phase completed; no project reached construction |
| Application deadline | December 31, 1998 (original; program is not currently accepting new applications) |
What This Rule Does
Part 268 established the procedural and financial framework for the FRA's Maglev Deployment Program — a five-phase process designed to take candidate maglev projects from initial concept through final design and (eventually) construction. The program used a competitive down-selection process: many states and project sponsors could apply for preconstruction planning funding, but FRA would progressively narrow the field to one or more projects for deeper study, and ultimately select a single project to receive full federal funding for final design, engineering, and construction.
The funding structure combined Federal Maglev Funds (dedicated appropriations under 23 U.S.C. § 322), CMAQ funds (Congestion Mitigation and Air Quality Improvement Program funds, which could be applied to maglev projects in non-attainment areas), and non-federal contributions from states and project sponsors. The federal share for full project costs was capped at two-thirds (66.7%), with the remaining one-third required from the state or project sponsor.
Congress authorized the program at a time when Japan's shinkansen and Germany's Transrapid maglev had demonstrated high-speed ground transportation feasibility, and several U.S. corridors — particularly the Northeast, mid-Atlantic, and California — had active maglev project proposals. The FRA program represented a deliberate effort to avoid repeating the pattern of European and Japanese maglev investment without a U.S. counterpart.
Key Provisions
- § 268.3 — Five-phase program structure: Phase I (expressions of interest), Phase II (preconstruction planning applications), Phase III (detailed planning and environmental assessment), Phase IV (down-selection to one or more finalists), and Phase V (final design, engineering, and construction funding for one selected project)
- § 268.5 — Federal funding sources: Federal Maglev Funds from 23 U.S.C. § 322 appropriations; CMAQ funds available for projects in non-attainment areas (23 U.S.C. § 149); no federal funds under the program may be used for revenue operations — only capital investment
- § 268.7 — Federal/state share: the federal share of Full Project Costs shall not exceed two-thirds; the remaining one-third must be from non-federal sources; restrictions on use of federal funds prohibit their use for operating costs, land acquisition (unless specifically authorized), or costs incurred before federal authorization
- § 268.9 — Eligible participants: any state, or any authority designated by one or more states, is eligible to participate; private-sector entities may participate only through a state-designated authority; purely private applications are not eligible — the program requires a state government nexus
- § 268.11 — Project eligibility standards: to be eligible for preconstruction planning assistance, a project must demonstrate: feasibility of maglev technology for the proposed corridor; potential to attract ridership that reduces highway congestion; compatibility with existing or planned transportation networks; and capacity to meet environmental review requirements
- § 268.13 — Application deadline: original deadline for preconstruction planning applications was December 31, 1998; the program is not currently open to new applications under the original framework
- § 268.17 — Project selection criteria: FRA evaluates applications on: ability to reduce highway and air congestion; potential to achieve commercial viability (sufficient ridership and revenue to cover operating costs without continued federal subsidy); readiness to proceed through environmental review; technical feasibility and state commitment; geographic balance across regions
- § 268.19 — Evaluation of applications: FRA reviews applications for completeness and responsiveness; incomplete applications may be returned for supplementation; FRA retains discretion to evaluate all applications against the selection criteria without being bound by any single factor
- § 268.21 — Down-selection to one project: after Phase III completion, FRA selects one project to receive funding for final design, engineering, and construction; the down-selection process uses all Phase III study findings and the selection criteria in § 268.17; Congress must appropriate construction funding before the selected project can proceed
How It Affects You
<!-- pria:personalize type="impact" -->If you are a state transportation official or regional authority: The maglev deployment program in its original form is not currently accepting applications; no new project has entered the pipeline under the Part 268 framework. However, the statutory authority (23 U.S.C. § 322) and interest in high-speed ground transportation have not disappeared — the Infrastructure Investment and Jobs Act (2021) included funding for high-speed rail corridors and intercity passenger rail that could support maglev or very high speed rail project development. States with active maglev development interest (notably the Northeast Maglev project for Baltimore-Washington-New York) are pursuing funding through federal grant programs, state investment, and private partnerships rather than the Part 268 framework.
If you are interested in high-speed transportation policy: The maglev program is a case study in the difficulty of introducing disruptive transportation technology through federal competitive grants. The program funded planning but never reached construction — the combination of extremely high capital costs (estimated at $100M+ per mile for elevated maglev guideways), uncertainty about ridership revenue, and the political difficulty of selecting one project over others in a multi-state competition prevented the down-selection from producing a construction-ready project. Contemporary high-speed rail efforts in the U.S. focus on conventional high-speed rail (shared with existing Amtrak infrastructure) and traditional HSR technology (TGV-style) as intermediate steps before maglev-scale investment. The economic case for maglev strengthens as construction costs decline and as intercity aviation congestion increases — but that case has not yet produced a funded maglev project in the United States.
<!-- /pria:personalize -->Statutory Authority
This rule implements:
- 23 U.S.C. § 322 — Magnetic levitation transportation technology deployment program (authorization, funding amounts, federal share limitations, selection criteria)
- 49 U.S.C. § 322 — General authority of the Secretary of Transportation for surface transportation programs
Recent Rulemakings
No major amendments to Part 268 since the rule was originally promulgated in the late 1990s. The original program was authorized by the Transportation Equity Act for the 21st Century (TEA-21, 1998). No subsequent surface transportation authorization acts have re-opened the program under the Part 268 framework, though high-speed and intercity passenger rail have received significant attention in IIJA (2021) and prior transportation bills.