81 FR 37237 - Environmental Impact and Related Procedures
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 111 (June 9, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 111 (June 9, 2016)
| Page Range | 37237-37238 | |
| FR Document | 2016-13621 |
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)] [Notices] [Pages 37237-37238] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13621] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2016-0052] Environmental Impact and Related Procedures AGENCY: Federal Railroad Administration (FRA), Department of Transportation. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: FRA is issuing this notice to solicit public comments on the potential application of 23 CFR part 771, Environmental Impact and Related Procedures, to railroad projects. Part 771 currently prescribes the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) procedures for implementing the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.) and 23 U.S.C. 139, Efficient Environmental Reviews for Project Decisionmaking. FRA would further develop the application of 23 CFR part 771 to railroad projects in a rulemaking proceeding. DATES: FRA must receive written comments on this notice on or before July 11, 2016. FRA will consider comments received after this date to the extent practicable. ADDRESSES: Comments: Persons providing comments related to docket number FRA-2016-0052 must do so 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 Ave. SE., W12-140, Washington, DC 20590. Hand Delivery: Room W12-140 on the Ground level of the West Building, 1200 New Jersey Ave. SE., Washington, DC 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 Ave. SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Mr. Michael Johnsen, Environmental and Corridor Planning Division, Office of Program Delivery, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590 or by telephone at 202-493-1310 or Mr. Chris Van Nostrand, Attorney- Advisor, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590 or by telephone at 202-493- 6058. SUPPLEMENTARY INFORMATION: 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 of Transportation (Secretary), among other things, to apply, to the greatest extent feasible, the project development procedures described in 23 U.S.C. 139 (Efficient Environmental Reviews for Project Decisionmaking) to railroad projects requiring the Secretary's approval under NEPA. The Secretary must incorporate into FRA regulations and procedures for railroad projects aspects of the 23 U.S.C. 139 project development procedures, or portions thereof, which increase the efficiency of the review of railroad projects consistent with section 11503. In addition, section 11503 requires the Secretary to publish a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects the Secretary must approve under NEPA. See 49 U.S.C. 24201(c). In light of section 11503's requirements, FRA is evaluating whether to apply 23 CFR part 771 to railroad projects. Part 771 currently prescribes FHWA and FTA procedures for implementing NEPA, including 23 U.S.C. 139 requirements. In FRA's view, applying part 771 to railroad projects may be the most efficient way to comply with section 11503 and promote consistency in FTA, FHWA, and FRA environmental reviews. In addition, FRA would not need to develop entirely new NEPA regulations for railroad projects. FRA, in conjunction with FHWA and FTA, would engage in a rulemaking to revise part 771 to make it applicable to railroad projects before such an approach would become effective. FRA seeks input from interested parties, stakeholders, and the public on this proposal. [[Page 37238]] Issued in Washington, DC, on June 3, 2016. Sarah E. Feinberg, Administrator. [FR Doc. 2016-13621 Filed 6-8-16; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices 37237
(newspaper publication) and 49 CFR DEPARTMENT OF TRANSPORTATION Building, Ground Floor, Room W12–
1152.50(d)(1) (notice to governmental 140, 1200 New Jersey Ave. SE.,
agencies) have been met. Federal Railroad Administration Washington, DC 20590, between 9 a.m.
As a condition to this exemption, any and 5 p.m., Monday through Friday,
[Docket No. FRA–2016–0052]
employee adversely affected by the except Federal Holidays.
discontinuance of service shall be Environmental Impact and Related FOR FURTHER INFORMATION CONTACT: Mr.
protected under Oregon Short Line Procedures Michael Johnsen, Environmental and
Railroad—Abandonment Portion AGENCY: Federal Railroad Corridor Planning Division, Office of
Goshen Branch Between Firth & Administration (FRA), Department of Program Delivery, Federal Railroad
Ammon, in Bingham & Bonneville Transportation. Administration, 1200 New Jersey Ave.
Counties, Idaho, 360 I.C.C. 91 (1979). To SE., Washington, DC 20590 or by
ACTION: Notice.
address whether this condition telephone at 202–493–1310 or Mr. Chris
adequately protects affected employees, SUMMARY: FRA is issuing this notice to Van Nostrand, Attorney-Advisor, Office
a petition for partial revocation under solicit public comments on the potential of Chief Counsel, Federal Railroad
49 U.S.C. 10502(d) must be filed. application of 23 CFR part 771, Administration, 1200 New Jersey Ave.
Environmental Impact and Related SE., Washington, DC 20590 or by
Provided no formal expression of telephone at 202–493–6058.
intent to file an offer of financial Procedures, to railroad projects. Part 771
assistance (OFA) to subsidize continued currently prescribes the Federal SUPPLEMENTARY INFORMATION: On
Highway Administration (FHWA) and December 4, 2015, the President signed
rail service has been received, this
Federal Transit Administration (FTA) the Fixing America’s Surface
exemption will be effective on July 9,
procedures for implementing the Transportation (FAST) Act into law
2016, unless stayed pending National Environmental Policy Act of (Pub. L. 114–94). Section 11503 of the
reconsideration. Petitions to stay that do 1969, as amended (NEPA) (42 U.S.C. FAST Act requires the Secretary of
not involve environmental issues and 4321 et seq.) and 23 U.S.C. 139, Efficient Transportation (Secretary), among other
formal expressions of intent to file an Environmental Reviews for Project things, to apply, to the greatest extent
OFA to subsidize continued rail service Decisionmaking. FRA would further feasible, the project development
under 49 CFR 1152.27(c)(2) 2 must be develop the application of 23 CFR part procedures described in 23 U.S.C. 139
filed by June 17, 2016.3 Petitions to 771 to railroad projects in a rulemaking (Efficient Environmental Reviews for
reopen must be filed by June 29, 2016, proceeding. Project Decisionmaking) to railroad
with the Surface Transportation Board, DATES: FRA must receive written projects requiring the Secretary’s
395 E Street SW., Washington, DC comments on this notice on or before approval under NEPA. The Secretary
20423–0001. July 11, 2016. FRA will consider must incorporate into FRA regulations
A copy of any petition filed with the comments received after this date to the and procedures for railroad projects
Board should be sent to CSXT’s extent practicable. aspects of the 23 U.S.C. 139 project
representative: Louis E. Gitomer, Law ADDRESSES: Comments: Persons development procedures, or portions
Offices of Louis E. Gitomer, LLC, 600 providing comments related to docket thereof, which increase the efficiency of
Baltimore Avenue, Suite 301, Towson, number FRA–2016–0052 must do so by the review of railroad projects
MD 21204. any of the following methods: consistent with section 11503. In
• Online: Comments should be filed addition, section 11503 requires the
If the verified notice contains false or Secretary to publish a notice of
misleading information, the exemption at the Federal eRulemaking Portal,
http://www.regulations.gov. Follow the proposed rulemaking to propose new
is void ab initio. and existing categorical exclusions for
online instructions for submitting
Board decisions and notices are comments. railroad projects the Secretary must
available on our Web site at • Mail: Docket Management Facility, approve under NEPA. See 49 U.S.C.
WWW.STB.DOT.GOV. U.S. Department of Transportation, 1200 24201(c).
Decided: June 6, 2016. New Jersey Ave. SE., W12–140, In light of section 11503’s
By the Board, Rachel D. Campbell,
Washington, DC 20590. requirements, FRA is evaluating
Director, Office of Proceedings.
• Hand Delivery: Room W12–140 on whether to apply 23 CFR part 771 to
the Ground level of the West Building, railroad projects. Part 771 currently
Kenyatta Clay, 1200 New Jersey Ave. SE., Washington, prescribes FHWA and FTA procedures
Clearance Clerk. DC between 9 a.m. and 5 p.m., Monday for implementing NEPA, including 23
[FR Doc. 2016–13640 Filed 6–8–16; 8:45 am] through Friday, except Federal U.S.C. 139 requirements. In FRA’s view,
BILLING CODE 4915–01–P Holidays. applying part 771 to railroad projects
• Fax: 202–493–2251. may be the most efficient way to comply
Instructions: All submissions must with section 11503 and promote
include the agency name, docket name consistency in FTA, FHWA, and FRA
and docket number for this notice. Note environmental reviews. In addition,
that FRA will post all comments FRA would not need to develop entirely
received without change to http:// new NEPA regulations for railroad
2 Each OFA must be accompanied by the filing
www.regulations.gov, including any projects. FRA, in conjunction with
sradovich on DSK3TPTVN1PROD with NOTICES
fee, which is currently set at $1,600. See 49 CFR personal information provided. FHWA and FTA, would engage in a
1002.2(f)(25).
3 Because this is a discontinue proceeding and
Docket: To access the docket or read rulemaking to revise part 771 to make it
background documents or comments applicable to railroad projects before
not an abandonment, interim trail use/rail banking
and public use conditions are not appropriate.
received, go to http:// such an approach would become
Because there will be an environmental review www.regulations.gov at any time, or to effective. FRA seeks input from
during abandonment, this discontinuance does not the U.S. Department of Transportation, interested parties, stakeholders, and the
require an environmental review. Docket Operations, M–30, West public on this proposal.
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![37238 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices
Issued in Washington, DC, on June 3, 2016. Ground Floor, Room W12–140, participants. If you have questions about
Sarah E. Feinberg, Washington, DC 20590–0001. the public meeting, please contact
Administrator. • Hand Delivery or Courier: 1200 3dsurrogate@dot.gov.
[FR Doc. 2016–13621 Filed 6–8–16; 8:45 am] New Jersey Avenue SE., West Building SUPPLEMENTARY INFORMATION: To date,
BILLING CODE 4910–06–P
Ground Floor, Room W12–140, multiple iterative efforts have been
Washington, DC 20590–0001, between 9 made to produce a 3D surrogate vehicle
a.m. and 5 p.m. ET, Monday through that not only emulates a passenger car
DEPARTMENT OF TRANSPORTATION Friday, except Federal Holidays. from any approach angle, but one that
• Fax: 202–366–1767. can be safely and repeatedly struck by
National Highway Traffic Safety Instructions: All submissions must an actual light or heavy vehicle without
Administration include the agency name and docket harm. In Europe, vehicle manufacturers
[Docket No. NHTSA–2015–0002] number. Note that all comments and suppliers were presented with two
received will be posted without change opportunities to measure the
3D Surrogate Vehicle Scanning Event to http://www.regulations.gov, including appearance of multiple surrogate
any personal information provided. designs during similar test events
AGENCY: National Highway Traffic Please see the Privacy Act discussion hosted by Thatcham in the UK. The
Safety Administration (NHTSA), below. feedback received from these companies
Department of Transportation (DOT). Docket: For access to the docket go to has been invaluable, and has helped
ACTION: Announcement of public http://www.regulations.gov at any time refine the surrogate to its current
meeting. or to 1200 New Jersey Avenue SE., West characteristics.
Building, Ground Floor, Room W12– On July 13–14, 2016, NHTSA will be
SUMMARY: NHTSA is announcing a 140, Washington, DC 20590, between hosting a U.S.-based test event featuring
public meeting to seek stakeholder 9:00 a.m. and 5:00 p.m., Monday the most recent iteration of the
feedback on a full-size 3-dimensional through Friday, except Federal collaboratively-developed 3D surrogate
surrogate vehicle being developed to Holidays. Telephone: 202–366–9826. vehicle and up to two robotic platforms
better support the evaluation of Privacy Act: Anyone is able to search (the surrogate vehicle is secured to a
advanced crash avoidance technologies. the electronic form of all comments shallow self-propelled robotic platform
NHTSA, Euro NCAP, Thatcham, and the received into any of our dockets by the to facilitate accurate longitudinal and
Insurance Institute for Highway Safety name of the individual submitting the lateral movement during testing).
(IIHS) have been collaboratively comment (or signing the comment, if During this two-day meeting, vehicle
working to develop this surrogate; submitted on behalf of an association, manufacturers and suppliers will have
however, confirmation that it appears as business, labor union, etc.). You may an opportunity to measure the
realistic to the sensors used in review DOT’s complete Privacy Act appearance of the 3D surrogate vehicle
automotive safety systems requires Statement in the Federal Register from multiple approach angles using
feedback from industry experts. published on April 11, 2000 (Volume vehicle-based sensors (e.g., radar, lidar,
DATES: NHTSA will hold the public 65, Number 70; Pages 19477–78), or you cameras, etc.). Feedback from the first
meeting July 13–14, 2016, in East may visit http://www.regulations.gov/ day of testing will be used to make
Liberty, OH. Each day the meeting will privacy.html. adjustments to the surrogate ahead of
start at 9:00 a.m. and continue until 5:00 Confidential Business Information: If the second day’s tests. Results from the
p.m., local time. Check-in will begin at you wish to submit any information second testing day will be used to help
8:00 a.m. All attendees for the meeting under a claim of confidentiality, you finalize the surrogate’s design. The
are required to register by following the should submit three copies of your stated goal is to identify a final design
instructions under FOR FURTHER complete submission, including the by December 2016.
INFORMATION CONTACT no later than June information you claim to be confidential Feedback from the participants will
24, 2016. Admission onto the facility business information to the Chief be beneficial in finalizing the design of
will not be permitted without advanced Counsel, NHTSA, 1200 New Jersey Ave. the surrogate. Meeting participants will
registration. SE., Washington, DC 20590. In addition, have the opportunity to provide results
Following the event, participants are you should submit two copies, from from the measurements collected with
requested to submit all written feedback which you have deleted the claimed their respective test equipment, and to
and supporting information pertaining confidential business information, to provide specific recommendations
to their 3D surrogate vehicle Docket Management at the address about how the surrogate vehicle’s
measurements no later than August 5, given above. When you send a comment appearance, to any sensor, could be
2016. containing information claimed to be improved. When providing these
ADDRESSES: The meeting will be held on confidential business information, you recommendations, participants are
the test track at the Transportation should submit a cover letter setting forth asked to consider the balance between
Research Center, Inc., 10820 SR 347, the information specified in our realism and practicality. While it is very
East Liberty, OH 43319. confidential business information important the surrogate look as realistic
Written Comments: Written feedback regulation (49 CFR part 512). as possible, it must also remain
and supporting information should be FOR FURTHER INFORMATION CONTACT: strikeable from any approach angle, over
submitted not later than August 5, 2016, Attendees should register at http:// a broad range of impact speeds, without
by any of the following methods: goo.gl/forms/C6tj0oRj1QlS4qNy2 not affecting the safety of those using it or
sradovich on DSK3TPTVN1PROD with NOTICES
• Federal Rulemaking Portal: Go to later than June 24, 2016. Admission harming the vehicle being evaluated.
http://www.regulations.gov. Follow the onto the facility will not be permitted Draft Agenda (in local time)
online instructions for submitting without advanced registration. Should it
comments. be necessary to cancel the meeting due Wednesday, July 13, 2016
• Mail: Docket Management Facility: to inclement weather or other 08:00–09:00 Arrival/Check-In
U.S. Department of Transportation, 1200 emergency, NHTSA will take available 09:00–09:30 Brief presentations
New Jersey Avenue SE., West Building measures to notify registered describing the need for 3D surrogate
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Document Created: 2018-02-08 07:33:30
Document Modified: 2018-02-08 07:33:30
| 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 this notice on or before July 11, 2016. FRA will consider comments received 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 Ave. SE., Washington, DC 20590 or by telephone at 202-493-1310 or Mr. Chris Van Nostrand, Attorney- Advisor, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, DC 20590 or by telephone at 202-493- 6058. | |
| FR Citation | 81 FR 37237 |
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