81 FR 37237 - Environmental Impact and Related Procedures

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 111 (June 9, 2016)

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.

[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]


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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.

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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