81 FR 35437 - Categorical Exclusion Survey Review
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 106 (June 2, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 106 (June 2, 2016)
| Page Range | 35437-35439 | |
| FR Document | 2016-12884 |
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)] [Notices] [Pages 35437-35439] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12884] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2016-0053] Categorical Exclusion Survey Review AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this notice, FRA is providing the public a review of FRA's survey of categorical exclusions (CEs) used in railroad transportation projects since 2005. FRA is soliciting public comment on the review of the CE survey, two new categories of activities that may be appropriate for categorical exclusion, and any other new categories of activities for FRA consideration as CEs. DATES: FRA must receive written comments on or before July 5, 2016. FRA will consider comments it receives after this date to the extent practicable. ADDRESSES: Comments: Persons may submit comments related to Docket FRA- 2016-0053 by any of the following methods:Online: Comments should be filed at the Federal eRulemaking Portal, http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: 202-493-2251. Instructions: All submissions must include the agency name, docket name, and docket number for this notice. Note that FRA will post all comments received without change to http://www.regulations.gov, including any personal information provided. Docket: To access the docket or read background documents or comments received, go to http://www.regulations.gov at any time, or to the U.S. Department of Transportation, Docket Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Mr. Michael Johnsen, Environmental and [[Page 35438]] Corridor Planning Division, Office of Program Delivery, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by telephone at (202) 493-1310, or Mr. Chris Van Nostrand, Attorney-Advisor, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by telephone at (202) 493-6058. SUPPLEMENTARY INFORMATION: I. Background On December 4, 2015, the President signed the Fixing America's Surface Transportation (FAST) Act into law (Pub. L. 114-94). Section 11503 of the FAST Act requires the Secretary, among other things, to: (1) Survey FRA CE use in transportation projects since 2005; and (2) publish in the Federal Register for notice and public comment a review of the survey that includes a description of the types of actions categorically excluded and any actions the Secretary is considering for new CEs, including those that would conform to CEs other DOT modal administrations use. CEs are actions FRA has determined do not individually or cumulatively have significant effects on the human environment and, thus, do not require it to prepare an Environmental Assessment or Environmental Impact Statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). See 40 CFR 1508.4. FRA's Procedures for Considering Environmental Impacts (FRA Environmental Procedures), 64 FR 28545, May 26, 1999, include a list of 20 CEs. In 2013, FRA updated the FRA Environmental Procedures by adding seven new CEs. 78 FR 2713, Jan. 14, 2013. II. Review of Survey of Categorical Exclusions Used by FRA Since 2005 To comply with the FAST Act section 11503 requirement to survey FRA's use of CEs for transportation projects since 2005, FRA focused its survey on projects funded by FRA-administered financial assistance programs, such as the High-Speed Intercity Passenger Rail and Transportation Investment Generating Economic Recovery grant programs, the Rail Line Relocation and Improvement program, and the Railroad Rehabilitation and Improvement Financing loan/loan guarantee program. As a result, not all FRA CEs used since 2005 are included in the survey. For example, FRA did not survey FRA's use of CEs for rulemakings. Table 1 is a review of FRA's survey organized by the frequency of FRA's use of each CE.\1\ In general, the survey shows the most frequently applied CEs are for the maintenance or construction of railroad infrastructure, such as maintenance activities for existing railroad infrastructure and equipment; minor rail line additions; and bridge rehabilitation, reconstruction, and replacement. Some CEs shown in Table 1 as Category 2 or 3 also cover maintenance or construction activities, but were recently added in 2013 and thus, have a smaller overall sample size. FRA will use the survey and public comments on this notice to develop proposals for new CEs or modify existing CEs. --------------------------------------------------------------------------- \1\ The number preceding the text of the CE corresponds to the number of the CE in the FRA Environmental Procedures. Table 1--Results of FRA CE Survey: January, 2005-March, 2016 ------------------------------------------------------------------------ ------------------------------------------------------------------------- Category 1: Most Frequently Used ------------------------------------------------------------------------ (11) Maintenance of: Existing railroad equipment; track and bridge structures; electrification, communication, signaling, or security facilities; stations; maintenance-of-way and maintenance-of-equipment bases; and other existing railroad-related facilities. For purposes of this exemption ``maintenance'' means work, normally provided on a periodic basis, which does not change the existing character of the facility, and may include work characterized by other terms under specific FRA programs. (16) Minor rail line additions including construction of side tracks, passing tracks, crossovers, short connections between existing rail lines, and new tracks within existing rail yards provided that such additions are not inconsistent with existing zoning, do not involve acquisition of a significant amount of right of way, and do not significantly alter the traffic density characteristics of the existing rail lines or rail facilities. (26) Assembly or construction of facilities or stations that are consistent with existing land use and zoning requirements, do not result in a major change in traffic density on existing rail or highway facilities and result in approximately less than ten acres of surface disturbance, such as storage and maintenance facilities, freight or passenger loading and unloading facilities or stations, parking facilities, passenger platforms, canopies, shelters, pedestrian overpasses or underpasses, paving, or landscaping. (22) Bridge rehabilitation, reconstruction or replacement, the rehabilitation or maintenance of the rail elements of docks or piers for the purposes of intermodal transfers, and the construction of bridges, culverts, or grade separation projects, predominantly within existing right-of-way, that do not involve extensive in-water construction activities, such as projects replacing bridge components including stringers, caps, piles, or decks, the construction of roadway overpasses to replace at-grade crossings, construction or reconstruction of approaches and/or embankments to bridges, or construction or replacement of short span bridges. (27) Track and track structure maintenance and improvements when carried out predominantly within the existing right-of-way that do not cause a substantial increase in rail traffic beyond existing or historic levels, such as stabilizing embankments, installing or reinstalling track, re-grading, replacing rail, ties, slabs and ballast, installing, maintaining, or restoring drainage ditches, cleaning ballast, constructing minor curve realignments, improving or replacing interlockings, and the installation or maintenance of ancillary equipment. ------------------------------------------------------------------------ Category 2: Less Frequently Used ------------------------------------------------------------------------ (19) Improvements to existing facilities to service, inspect, or maintain rail passenger equipment, including expansion of existing buildings, the construction of new buildings and outdoor facilities, and the reconfiguration of yard tracks. (23) Acquisition (including purchase or lease), rehabilitation, or maintenance of vehicles or equipment that does not cause a substantial increase in the use of infrastructure within the existing right-of-way or other previously disturbed locations, including locomotives, passenger coaches, freight cars, trainsets, and construction, maintenance or inspection equipment. ------------------------------------------------------------------------ [[Page 35439]] Category 3: Infrequently Used ------------------------------------------------------------------------ (17) Acquisition of existing railroad equipment, track and bridge structures, electrification, communication, signaling or security facilities, stations, maintenance of way and maintenance of equipment bases, and other existing railroad facilities or the right to use such facilities, for the purpose of conducting operations of a nature and at a level of use similar to those presently or previously existing on the subject properties. (18) Research, development and/or demonstration of advances in signal, communication and/or train control systems on existing rail lines provided that such as research, development and/or demonstrations do not require the acquisition of a significant amount of right-of-way, and do not significantly alter the traffic density characteristics of the existing rail line. (19) Improvements to existing facilities to service, inspect, or maintain rail passenger equipment, including expansion of existing buildings, the construction of new buildings and outdoor facilities, and the reconfiguration of yard tracks. (24) Installation, repair and replacement of equipment and small structures designed to promote transportation safety, security, accessibility, communication or operational efficiency that take place predominantly within the existing right-of-way and do not result in a major change in traffic density on the existing rail line or facility, such as the installation, repair or replacement of surface treatments or pavement markings, small passenger shelters, passenger amenities, benches, signage, sidewalks or trails, equipment enclosures, and fencing, railroad warning devices, train control systems, signalization, electric traction equipment and structures, electronics, photonics, and communications systems and equipment, equipment mounts, towers and structures, information processing equipment, and security equipment, including surveillance and detection cameras. (12) Temporary replacement of an essential rail facility if repairs are commenced immediately after the occurrence of a natural disaster or catastrophic failure. (25) Environmental restoration, remediation and pollution prevention activities in or proximate to existing and former railroad track, infrastructure, stations and facilities conducted in conformance with applicable laws, regulations and permit requirements, including activities such as noise mitigation, landscaping, natural resource management activities, replacement or improvement to storm water oil/ water separators, installation of pollution containment systems, slope stabilization, and contaminated soil removal or remediation activities. (21) Alterations to existing facilities, locomotives, stations and rail cars in order to make them accessible for the elderly and persons with disabilities, such as modifying doorways, adding or modifying lifts, constructing access ramps and railings, modifying restrooms, and constructing accessible platforms. (15) Financial assistance for the construction of minor loading and unloading facilities, provided that projects included in this category are consistent with local zoning, do not involve the acquisition of a significant amount of land, and do not significantly alter the traffic density characteristics of existing rail or highway facilities. ------------------------------------------------------------------------ III. New Categorical Exclusions FRA Is Considering Since updating its CE list in 2013, FRA has identified the following two classes of actions that may be appropriate for categorical exclusion: Localized geotechnical and other investigations to provide information for preliminary design and for environmental analyses and permitting purposes; and Refinancing assistance where the project sponsor has already completed project-related construction activities. FRA seeks input from interested parties, stakeholders, and the public on additional categories of activities appropriate for a CE that FRA should consider. FRA also seeks comment on the two CEs listed above. Issued in Washington, DC, on May 26, 2016. Sarah E. Feinberg, Administrator. [FR Doc. 2016-12884 Filed 6-1-16; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35437
online instructions for submitting Consolidated Rail Infrastructure and DEPARTMENT OF TRANSPORTATION
comments. Safety Improvements; and Section
• Mail: Docket Management Facility, 11302, Federal-State Partnership for Federal Railroad Administration
U.S. Department of Transportation, 1200 State of Good Repair). Moreover, two [Docket No. FRA–2016–0053]
New Jersey Avenue SE., West Building, grant programs administered by the
Ground Floor, Room W12–140, Office of the Secretary that contain rail Categorical Exclusion Survey Review
Washington, DC 20590–0001. project eligibilities—the Transportation
• Hand Delivery or Courier: West Investment Generating Economic
AGENCY: Federal Railroad
Building, Ground Floor, Room W12– Administration (FRA), Department of
Recovery (TIGER) program and the Transportation (DOT).
140, 1200 New Jersey Avenue SE., Fostering Advancements in Shipping
Washington, DC, between 9 a.m. and 5 ACTION: Notice.
and Transportation for the Long-term
p.m., Monday through Friday, except
Achievement of National Efficiencies SUMMARY: In this notice, FRA is
Federal holidays.
• Fax: 202–493–2251. (FASTLANE) program—either require or providing the public a review of FRA’s
Instructions: All submissions must request (depending on the size and survey of categorical exclusions (CEs)
include the agency name and the docket other characteristics of the project) a used in railroad transportation projects
number for this notice. Note that all BCA as part of the grant application since 2005. FRA is soliciting public
comments received will be posted process. comment on the review of the CE
without change to http:// FRA drafted the BCA Guidance to be survey, two new categories of activities
www.regulations.gov, including any consistent with the DOT BCA guidance, that may be appropriate for categorical
personal information provided. exclusion, and any other new categories
which covers a wide range of surface
of activities for FRA consideration as
FOR FURTHER INFORMATION CONTACT: transportation projects (e.g., highways,
CEs.
Stephanie Lawrence, Office of Railroad transit, rail, and ports) under the TIGER
Policy and Development, Federal and FASTLANE grant programs. The DATES: FRA must receive written
Railroad Administration, 1200 New FRA BCA Guidance is intended to comments on or before July 5, 2016.
Jersey Ave. SE., Washington, DC 20590, provide greater granularity and FRA will consider comments it receives
(202) 493–1376. specificity to benefit and cost issues after this date to the extent practicable.
SUPPLEMENTARY INFORMATION: Section associated with intercity passenger rail ADDRESSES: Comments: Persons may
11313(b) of the FAST Act provides that, and freight rail projects. submit comments related to Docket
not later than 180 days after the date of FRA–2016–0053 by any of the following
The BCA Guidance is effective upon
enactment of the FAST Act, the methods:
the publication of this notice. However, • Online: Comments should be filed
Secretary must enhance the usefulness
project sponsors and potential at the Federal eRulemaking Portal,
of assessments of benefits and costs for
intercity passenger rail and freight rail applicants for FRA financial assistance http://www.regulations.gov. Follow the
projects by: (1) Providing ongoing programs should refer to the Notice of online instructions for submitting
guidance and training on developing Funding Opportunity (NOFO) comments.
benefit and cost information for rail announcement for further instruction • Mail: Docket Management Facility,
projects; (2) providing more direct and regarding the applicability of the BCA U.S. Department of Transportation, 1200
consistent requirements for assessing Guidance to a particular application or New Jersey Avenue SE., West Building,
benefits and costs across transportation funding program. Due to the timing of Ground Floor, Room W12–140,
funding programs, including the the publication of this notice, the BCA Washington, DC 20590–0001.
appropriate use of discount rates; (3) Guidance does not apply to applications • Hand Delivery or Courier: West
requiring applicants to clearly to the Railroad Safety Infrastructure Building, Ground Floor, Room W12–
communicate the methodology used to Improvement Grant program, for which 140, 1200 New Jersey Avenue SE.,
calculate the project benefits and costs; a NOFO was published in the Federal Washington, DC 20590–0001 between 9
and (4) ensuring that applicants receive Register on April 29, 2016, with a.m. and 5 p.m., Monday through
clear and consistent guidance on values applications due to FRA by June 14, Friday, except Federal holidays.
to apply for key assumptions used to 2016. • Fax: 202–493–2251.
estimate potential project benefits and Instructions: All submissions must
As noted, written comments on the include the agency name, docket name,
costs.
BCA Guidance must be received by and docket number for this notice. Note
The BCA Guidance addresses the four
requirements specified in the FAST Act August 1, 2016. FRA will consider such that FRA will post all comments
and is intended to provide a consistent comments when making potential future received without change to http://
approach for completing a BCA for revisions to the BCA Guidance. www.regulations.gov, including any
intercity passenger rail and freight rail However, FRA will not publically personal information provided.
project proposals. respond to comments received nor will Docket: To access the docket or read
In addition to serving as a valuable FRA address every comment in background documents or comments
tool for defining and narrowing potential future revisions to the BCA received, go to http://
investment alternatives, BCAs are also Guidance. www.regulations.gov at any time, or to
increasingly a prerequisite to receive the U.S. Department of Transportation,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Issued in Washington, DC, on May 26,
financial assistance under Federal 2016. Docket Operations, M–30, West
investment programs, including those Building, Ground Floor, Room W12–
Sarah E. Feinberg,
that DOT administers. For example, the 140, 1200 New Jersey Avenue SE,
Administrator. Washington, DC 20590–0001, between 9
two competitive railroad infrastructure
improvement grant programs authorized [FR Doc. 2016–12883 Filed 6–1–16; 8:45 am] a.m. and 5 p.m., Monday through
in the FAST Act specifically require the BILLING CODE 4910–06–P Friday, except Federal Holidays.
Secretary to consider BCA as a project FOR FURTHER INFORMATION CONTACT: Mr.
selection criterion (Section 11301, Michael Johnsen, Environmental and
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![Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35439
TABLE 1—RESULTS OF FRA CE SURVEY: JANUARY, 2005–MARCH, 2016—Continued
Category 3: Infrequently Used
(17) Acquisition of existing railroad equipment, track and bridge structures, electrification, communication, signaling or security facilities, stations,
maintenance of way and maintenance of equipment bases, and other existing railroad facilities or the right to use such facilities, for the pur-
pose of conducting operations of a nature and at a level of use similar to those presently or previously existing on the subject properties.
(18) Research, development and/or demonstration of advances in signal, communication and/or train control systems on existing rail lines pro-
vided that such as research, development and/or demonstrations do not require the acquisition of a significant amount of right-of-way, and do
not significantly alter the traffic density characteristics of the existing rail line.
(19) Improvements to existing facilities to service, inspect, or maintain rail passenger equipment, including expansion of existing buildings, the
construction of new buildings and outdoor facilities, and the reconfiguration of yard tracks.
(24) Installation, repair and replacement of equipment and small structures designed to promote transportation safety, security, accessibility,
communication or operational efficiency that take place predominantly within the existing right-of-way and do not result in a major change in
traffic density on the existing rail line or facility, such as the installation, repair or replacement of surface treatments or pavement markings,
small passenger shelters, passenger amenities, benches, signage, sidewalks or trails, equipment enclosures, and fencing, railroad warning
devices, train control systems, signalization, electric traction equipment and structures, electronics, photonics, and communications systems
and equipment, equipment mounts, towers and structures, information processing equipment, and security equipment, including surveillance
and detection cameras.
(12) Temporary replacement of an essential rail facility if repairs are commenced immediately after the occurrence of a natural disaster or cata-
strophic failure.
(25) Environmental restoration, remediation and pollution prevention activities in or proximate to existing and former railroad track, infrastructure,
stations and facilities conducted in conformance with applicable laws, regulations and permit requirements, including activities such as noise
mitigation, landscaping, natural resource management activities, replacement or improvement to storm water oil/water separators, installation
of pollution containment systems, slope stabilization, and contaminated soil removal or remediation activities.
(21) Alterations to existing facilities, locomotives, stations and rail cars in order to make them accessible for the elderly and persons with disabil-
ities, such as modifying doorways, adding or modifying lifts, constructing access ramps and railings, modifying restrooms, and constructing
accessible platforms.
(15) Financial assistance for the construction of minor loading and unloading facilities, provided that projects included in this category are con-
sistent with local zoning, do not involve the acquisition of a significant amount of land, and do not significantly alter the traffic density charac-
teristics of existing rail or highway facilities.
III. New Categorical Exclusions FRA Is DEPARTMENT OF TRANSPORTATION Reduction Act of 1995, Public Law 104–
Considering 13.
Maritime Administration DATES: Written comments should be
Since updating its CE list in 2013, submitted by August 1, 2016.
FRA has identified the following two [Docket No. DOT–MARAD–2016–0057]
ADDRESSES: You may submit comments
classes of actions that may be identified by Docket No. DOT–MARAD–
appropriate for categorical exclusion: Agency Requests for Renewal of a
Previously Approved Information 2016–0057 through one of the following
• Localized geotechnical and other Collection(s): Voluntary Tanker methods:
investigations to provide information for Agreement • Federal eRulemaking Portal: http://
preliminary design and for www.regulations.gov. Follow the online
environmental analyses and permitting Maritime Administration, DOT.
AGENCY: instructions for submitting comments.
purposes; and Notice and request for
ACTION: • Fax: 1–202–493–2251.
comments. • Mail or Hand Delivery: Docket
• Refinancing assistance where the Management Facility, U.S. Department
project sponsor has already completed SUMMARY: The Maritime Administration of Transportation, 1200 New Jersey
project-related construction activities. (MARAD) invites public comments Avenue SE, West Building, Room W12–
FRA seeks input from interested about our intention to request the Office 140, Washington, DC 20590, between 9
parties, stakeholders, and the public on of Management and Budget (OMB) a.m. and 5 p.m., Monday through
additional categories of activities approval to renew an information Friday, except on Federal holidays.
appropriate for a CE that FRA should collection. This collection of FOR FURTHER INFORMATION CONTACT:
consider. FRA also seeks comment on information is used to gather William G. McDonald, 202–366–0688,
the two CEs listed above. information on tanker operators who Director, Office of Sealift Support,
agree to contribute, either by direct Maritime Administration, U.S.
Issued in Washington, DC, on May 26, charter to the Department of Defense or
2016.
Department of Transportation, 1200
to other participants tanker capacity as New Jersey Avenue SE., Washington,
Sarah E. Feinberg, requested by the Maritime DC 20590.
Administrator. Administrator at such times and such SUPPLEMENTARY INFORMATION:
[FR Doc. 2016–12884 Filed 6–1–16; 8:45 am] amounts as determined to be necessary OMB Control Number: 2133–0505.
BILLING CODE 4910–06–P to meet the essential needs of DOD for Title: Voluntary Tanker Agreement.
the transportation of petroleum and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Form Numbers: MA–1060.
petroleum products in bulk by sea. The Type of Review: Renewal of an
Voluntary Tanker Agreement is a information collection.
voluntary emergency preparedness Background: The collection consists
agreement in accordance with Section of a request from the Maritime
708, Defense Production Act, 195, as Administration (MARAD) that each
amended (50 U.S.C. App. 2158). We are participant in the Voluntary Tanker
required to publish this notice in the Agreement submit a list of the names of
Federal Register by the Paperwork ships owned, chartered or contracted for
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Document Created: 2016-06-02 01:23:18
Document Modified: 2016-06-02 01:23:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | FRA must receive written comments on or before July 5, 2016. FRA will consider comments it receives after this date to the extent practicable. | |
| Contact | Mr. Michael Johnsen, Environmental and Corridor Planning Division, Office of Program Delivery, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by telephone at (202) 493-1310, or Mr. Chris Van Nostrand, Attorney-Advisor, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by telephone at (202) 493-6058. | |
| FR Citation | 81 FR 35437 |
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