82 FR 5636 - Notice of Availability of Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 82, Issue 11 (January 18, 2017)
Federal Transit Administration
Federal Register Volume 82, Issue 11 (January 18, 2017)
| Page Range | 5636-5638 | |
| FR Document | 2017-00918 |
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)] [Notices] [Pages 5636-5638] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00918] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket Number: FTA-2016-0044] Notice of Availability of Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) announces the availability of a final Programmatic Assessment of Greenhouse Gas Emissions from Transit Projects (Programmatic Assessment) and an accompanying Greenhouse Gas Emissions (GHG) Estimator Tool (Estimator Tool). On November 22, 2016, FTA announced in the Federal Register the availability of the draft Programmatic Assessment and Estimator Tool and requested public comment. FTA received five comment letters and presents its responses to those comments in this notice. DATES: This final Programmatic Assessment and Estimator Tool are effective immediately. ADDRESSES: The final Programmatic Assessment and Estimator Tool will be made available in the U.S. Government's electronic docket site at http://www.regulations.gov under docket number FTA-2016-0044 and on the FTA Web site at http://www.fta.dot.gov. FOR FURTHER INFORMATION CONTACT: Maya Sarna, Office of Environmental Programs, (202) 366-5811, or Christopher Van Wyk, Office of Environmental Programs, (202) 366-1733; Helen Serassio, Office of Chief Counsel, (202) 366-1974. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m. ET, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background In August 2016, the Council on Environmental Quality (CEQ) released its Final Guidance for Federal Departments and Agencies on [[Page 5637]] Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act (NEPA) Reviews. The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated greenhouse gas (GHG) emissions. The CEQ guidance notes that an agency may decide, rather than analyze GHG emissions project-by-project, that it would be useful and efficient to provide an aggregate analysis of GHG emissions or climate change effects through programmatic analysis and then incorporate that analysis by reference into future NEPA reviews. FTA currently considers it practicable to assess the effects of GHG emissions and climate change for a variety of transit projects at a programmatic level. The purpose of the Programmatic Assessment of Greenhouse Gas Emissions from Transit Projects is to: (1) Report on whether certain types of proposed transit projects merit detailed analysis of their GHG emissions at the project-level for purposes of NEPA; and (2) provide a source of data and analysis for FTA and its grantees to reference in future NEPA documents for projects where detailed, project-level GHG analysis would provide only limited information beyond what is collected and considered in the assessment. The Programmatic Assessment presents results from an analysis to estimate direct and indirect GHG emissions generated from the construction, operations, and maintenance phases of projects across select transit modes. The findings provide a reference for FTA and its grantees to use in future NEPA documents to describe the potential effects of proposed transit investments on partial lifecycle GHG emissions. This assessment's results can inform transit project sponsors who are considering the implications of GHG emissions of future transit investments or who might independently want to evaluate the GHG emissions benefits and cost of such investments. As part of the Programmatic Assessment, FTA developed the Estimator Tool. The Estimator Tool is a spreadsheet-based tool that allows users to calculate partial lifecycle GHG emissions estimates by transit mode for the construction, maintenance, and operations phases of transit project development, as well as an estimate of personal vehicle emissions displaced due to transit's ``ridership effect.'' Comments Received On November 22, 2016, FTA announced in the Federal Register the availability of the draft Programmatic Assessment and requested comment on it. As of the date of issuance of this notice of availability, FTA considered all comments received in the docket. FTA received comments from one trade association, three transit agencies, and one member of the public. FTA organized these comments by topic. This notice discusses the comments FTA received, provides FTA's responses to those comments, and identifies resulting changes FTA made to the final Programmatic Assessment and Estimator Tool. One commenter requested clarification on three points: (1) Showing the calculation for deriving the GHG emissions value; (2) provide displaced auto vehicle miles traveled (VMT) data values, including fuel efficiencies and emissions factors used; and (3) discussion of displaced VMT in methodology, including whether annual displaced VMT for buses were included in the assessment. FTA responds to the points as follows. First, the calculation for the GHG emissions output values are included in the Estimator Tool matrix (Excel spreadsheet that is an accompanying tool to the Programmatic Assessment). The calculation is: (construction sources * emission factor) + (maintenance sources * emission factor) + (operations sources * emission factor) - (displaced VMT sources * emission factor). Second, Table 2-3 includes values for gasoline-fueled sedans. It is the first entry in the sedan/auto cell on Table 2-3, and is combined with Ethanol. The upstream emissions for gasoline-fueled sedans are 0.0001 MTCO2eq per mile and the downstream emissions are 0.0003 MTCO2eq per mile. This emission source was derived from the ``Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation Model'' by Argonne National Laboratory (GREET), as described on page 12 of the final Programmatic Study. Third, annual displaced VMT for both bus and rail transit (the change in annual transit VMT between the build and the no-build scenario) are included in the calculation of the project's total annual GHG emissions. The calculation of a project's total annual displaced GHG emissions includes both personal vehicle-displaced VMT and annual transit- displaced VMT. The text of the final Programmatic Assessment will be updated to describe how annual displaced-transit VMT is included in the methodology and how it was used in the scenario testing, as noted by the commenter. One trade association provided the following comments on the draft Programmatic Assessment, with support mentioned by a number of transit agencies: (1) Materials for construction should not be included as part of the construction-related emissions factors; (2) litigation issues may arise due to data quality/limitations of construction-related emissions factors; (3) the impact of transit-oriented development and the land use effect in displacing GHG emissions was not included in the draft Programmatic Assessment; (4) incorporating and clarifying the methodology for calculating displaced VMT; (5) exemptions for light rail, streetcar, and BRT projects from completing GHG assessments should be provided. On the first general point, the Council of Environmental Quality's guidance recommends that agencies quantify a proposed action's projected direct and indirect GHG emissions, taking into account available data and GHG quantification tools that are suitable for and commensurate with the proposed agency action. For the purpose of FTA's Programmatic Assessment, upstream emissions from the construction of public transportation facilities and infrastructure are considered indirect GHG emissions of a proposed project. The methodology used in the Programmatic Assessment is optional and may be edited to suit the requirements of a specific project, especially in scenarios where transit agencies are able to better quantify upstream emissions due to better available material sourcing procurement processes. The Federal Highway Administration's Infrastructure Carbon Estimator (ICE) provides readily available data to estimate the construction-related upstream emissions. The ICE tool provides estimates for the upstream emissions associated with constructing public transportation facilities, including the emissions associated with the extraction, transport, and production of the materials. Transit agencies are encouraged to consider opportunities within their procurement activities to mitigate a project's GHG emissions. As requested specifically by the commenter, FTA recognizes that emissions due to upstream materials acquisition activities are in fact the responsibility of the suppliers and manufacturers of these products. But as this commenter notes, there may be ways of procuring materials that can help to mitigate the GHG emissions associated with those materials, and FTA will consider ways of doing so, providing guidance as appropriate. On the second general point, the programmatic assessment methodology [[Page 5638]] relies on the best available data and tools to estimate the GHG emissions associated with transit projects. Where available, the Programmatic Assessment uses conservative emission estimates for construction-related activities that involved direct and indirect emissions--electricity use and sources of construction materials. For example, the Estimator Tool's underground track construction emissions factor corresponding to ICE's most conservative emissions estimate. The emissions factors associated with in the Estimator Tool for electrically powered vehicles use the ``U.S. Mix'' region from the Environmental Protection Agency's (EPA's) eGRID2012, which represents an average value for the country. EPA's eGRID also provides GHG emission data at the sub-region level, which reflect more region- specific electricity generation. The Programmatic Assessment (Appendix B) and the associated Estimator Tool include the eGRID sub-region electricity emission factors, which reflect more region-specific electricity generation. While FTA understands the issue related to litigation due to data quality issues, the Programmatic Assessment is a capture in time of the best available data. FTA's Programmatic Assessment also establishes the methodology used to derive GHG emissions factors that may be replicated by transit agencies using locally available data sets in the Estimator Tool. Lastly, FTA would note that the GHG emissions provide a conservative understanding of transit's contribution to GHG emissions in order to provide disclosure for purposes of NEPA compliance. The use of the Programmatic Assessment is entirely optional, but FTA believes it would reduce litigation risk by taking a ``hard look'' at GHG emissions due to transit projects, even if that assessment is more conservative than actual emissions on certain projects. On the third general point, the Programmatic Assessment acknowledges that, in addition to displacing automobile VMT, transit can help reduce congestion and spur more compact, transit-oriented development, thus reducing GHG emissions that may have otherwise occurred. The longer timeframe associated with realizing the GHG emission reduction benefits from denser development was not the primary reason why a land use component was not included in the methodology. A land use component was not included because the available tools (i.e., the Land Use Benefit Calculator associated with TCRP Report 176) could not be applied at a programmatic scale due to its location-specific nature. Transit agencies that wish to include the GHG emission benefits associated with the land use effect of transit may do so in NEPA documents. For example, agencies could use the results generated by the Land Use Benefit Calculator and add it to the results generated using the Estimator Tool. FTA notes that including a land use component, if possible for a national Programmatic Assessment, would in most cases reduce the predicted GHG emissions that can be attributed to transit projects. On the fourth general point, FTA notes that the Programmatic Assessment does not specify the methodology that a transit agency should use to generate travel forecasts. The sample of transit projects analyzed in the Programmatic Assessment included 36 transit projects that applied for funding through the 49 U.S.C. 5309 Capital Investment Grants (CIG) Program. As part of the CIG program, each project developed and submitted travel forecast information, including displaced VMT, using one of the following approaches: Region-wide travel models; incremental data-driven methods; or FTA's Simplified Trips-on-Project Software (STOPS). FTA's Programmatic Assessment cannot include revised methodology incorporating the Land Use Benefit Calculator or STOPS because neither can be developed on a programmatic scale. Transit agencies that choose to calculate GHG emissions for a project can choose the method for calculating VMT. On the fifth general point, FTA developed the Programmatic Assessment to provide transit agencies with a useful source of methodology, data, and analysis to reference in future environmental review documents to meet NEPA requirements. FTA recommends that NEPA reviews for individual BRT and streetcar projects incorporate this Programmatic Assessment by reference, with no additional need for project-specific analysis for purposes of NEPA. FTA also recommends that light rail projects with a high proportion of displaced VMT to annual transit VMT, regardless of length, alignment, and number of stations, incorporate this Programmatic Assessment by reference, with no additional need for project-specific analysis for purposes of NEPA. In cases where a light rail project is expected to have a lower ratio of displaced VMT to annual transit VMT, however, conducting a project- specific analysis using the Estimator Tool or another locally recommended approach is likely appropriate for purposes of NEPA compliance. FTA will continue to evaluate the Programmatic Assessment and Estimator Tool to make improvements that will provide better estimates of GHG emissions for transit projects. FTA is making available the final Programmatic Assessment at this time, however, so that it is available for incorporation by reference in NEPA documents going forward while FTA continues to make improvements. FTA is also making available its Estimator Tool for transit agencies that wish to have a more tailored estimate of emissions or for which a project differs substantially from those used to create the Programmatic Assessment. Authority: 42 U.S.C. 4321, et seq.; 40 CFR 1507.3; 49 CFR 1.81(a)(5). Lucy Garliauskas, Associate Administrator, Office of Planning and Environment, Federal Transit Administration. [FR Doc. 2017-00918 Filed 1-17-17; 8:45 am] BILLING CODE P
![5636 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
greater flexibility in implementing a responded to FTA’s request for FTA will issue future mandatory
safety program. examples of additional standards standards through the notice and
One commenter noted that voluntary adopted by transit agencies, stating that comment rulemaking process.
standards for heavy and light rail are it has adopted the R179 Train
inadequate and are in need of revision. Carolyn Flowers,
Specification standards in addition to
The commenter stated that heavy and Acting Administrator.
voluntary safety standards.
light rail vehicles need additional [FR Doc. 2017–00678 Filed 1–17–17; 8:45 am]
crashworthiness, event recorder, safety Some commenters suggested that FTA BILLING CODE P
appliance, fire, and camera safety include hour-of-service and fitness for
standards. duty requirements, as well as standards
Several commenters responded to a for train specifications (R179). A transit DEPARTMENT OF TRANSPORTATION
request from FTA to provide examples agency and a professional association
of voluntary safety standards that transit recommended that transit policing and Federal Transit Administration
agencies have adopted. customer expectation standards should [Docket Number: FTA–2016–0044]
A couple of commenters strongly be included in the National Safety Plan.
encouraged FTA to strengthen vehicle Notice of Availability of Programmatic
FTA’s Response
safety performance standards by adding Assessment of Greenhouse Gas
a fire safety component, noting that For this first iteration of the National Emissions From Transit Projects
current fire safety provisions, Safety Plan FTA believes that it is
particularly with regards to the interior AGENCY: Federal Transit Administration
appropriate to include only voluntary
of the vehicle, are insufficient. The (FTA), DOT.
standards. The FAST Act requires the
commenters recommended that fire Secretary of Transportation to conduct a ACTION: Notice of availability.
performance standards for vehicle review of public transportation safety
seating be included in the National SUMMARY: The Federal Transit
standards and protocols to document Administration (FTA) announces the
Safety Plan. Several commenters stated existing standards and protocols that are
that FMVSS 302 is not adequate to availability of a final Programmatic
currently used in transit and examine Assessment of Greenhouse Gas
ensure fire safety in public transit
their efficacy. The content of the review Emissions from Transit Projects
systems and is a standard that has been
must include minimum safety (Programmatic Assessment) and an
discredited by repeated scientific study.
A number of commenters specifically performance standards developed by the accompanying Greenhouse Gas
singled out bus systems as a particularly public transportation industry and Emissions (GHG) Estimator Tool
inappropriate use of the FMVSS 302 safety performance standards, practices, (Estimator Tool). On November 22,
standard, stating that FMVSS 302 is a or protocols in use by rail fixed 2016, FTA announced in the Federal
bare minimum standard for cars that guideway public transportation systems. Register the availability of the draft
should not apply to buses because buses The review also must include rail and Programmatic Assessment and
hold more people and have fewer bus safety standards, practices, or Estimator Tool and requested public
potential exits. protocols in use by public comment. FTA received five comment
Several commenters provided transportation systems regarding rail letters and presents its responses to
recommendations for standards that and bus design and the workstation of those comments in this notice.
could replace FMVSS 302. Some rail and bus operators; scheduling fixed DATES: This final Programmatic
commenters recommended FTA use the route rail and bus service with adequate Assessment and Estimator Tool are
National Safety Council fire test, ASTM time and access for operators to use effective immediately.
E2574, NFPA 130, or a heat release restroom facilities; fatigue management; ADDRESSES: The final Programmatic
standard instead. These commenters and crash avoidance and worthiness. Assessment and Estimator Tool will be
recommended that fire standards should FTA has engaged in this review made available in the U.S.
be requirements, not recommendations. through the issuance of a Federal Government’s electronic docket site at
One commenter noted that it has Register notice requesting public http://www.regulations.gov under
adopted the Federal Motor Carrier comment on its Compendium docket number FTA–2016–0044 and on
Safety Administration (FMCSA) (inventory) of transit safety standards the FTA Web site at http://
regulations as a baseline to follow for and protocols. See 81 FR 30605 (May www.fta.dot.gov.
operations and maintenance safety and 17, 2016). The Compendium includes
encouraged FTA to include these FOR FURTHER INFORMATION CONTACT:
an inventory of transit standards and Maya Sarna, Office of Environmental
standards in the National Safety Plan. protocols that FTA has identified,
Another commenter indicated that it has Programs, (202) 366–5811, or
including standards or regulations Christopher Van Wyk, Office of
adopted The American Society of
promulgated by other Federal agencies Environmental Programs, (202) 366–
Mechanical Engineers (ASME) safety
and the standards and issue areas 1733; Helen Serassio, Office of Chief
standards for heavy rail vehicles,
referenced in the comments. Counsel, (202) 366–1974. FTA is located
Institute of Electrical and Electronics
Engineers (IEEE) standards for rail Upon completion of the review and at 1200 New Jersey Avenue SE.,
transit event recorders, and National evaluation, FTA will issue a report Washington, DC 20590. Office hours are
Fire Protection Association (NFPA) presenting the findings of the review of from 9:00 a.m. to 5:00 p.m. ET, Monday
standards for fixed guideway transit and standards; the outcome of the through Friday, except Federal holidays.
mstockstill on DSK3G9T082PROD with NOTICES
passenger rail systems. evaluation; a comprehensive set of SUPPLEMENTARY INFORMATION:
One commenter responded to FTA’s recommendations to improve the safety
request for comments on the costs of of the public transportation industry, Background
implementing voluntary safety including recommendations for In August 2016, the Council on
standards, indicating that the cost of regulatory changes, if applicable; and Environmental Quality (CEQ) released
implementing voluntary safety actions taken to address the its Final Guidance for Federal
standards was minimal. One commenter recommendations provided. Departments and Agencies on
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![5638 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
relies on the best available data and programmatic scale due to its location- compliance. FTA will continue to
tools to estimate the GHG emissions specific nature. Transit agencies that evaluate the Programmatic Assessment
associated with transit projects. Where wish to include the GHG emission and Estimator Tool to make
available, the Programmatic Assessment benefits associated with the land use improvements that will provide better
uses conservative emission estimates for effect of transit may do so in NEPA estimates of GHG emissions for transit
construction-related activities that documents. For example, agencies could projects. FTA is making available the
involved direct and indirect use the results generated by the Land final Programmatic Assessment at this
emissions—electricity use and sources Use Benefit Calculator and add it to the time, however, so that it is available for
of construction materials. For example, results generated using the Estimator incorporation by reference in NEPA
the Estimator Tool’s underground track Tool. FTA notes that including a land documents going forward while FTA
construction emissions factor use component, if possible for a national continues to make improvements. FTA
corresponding to ICE’s most Programmatic Assessment, would in is also making available its Estimator
conservative emissions estimate. The most cases reduce the predicted GHG Tool for transit agencies that wish to
emissions factors associated with in the emissions that can be attributed to have a more tailored estimate of
Estimator Tool for electrically powered transit projects. emissions or for which a project differs
vehicles use the ‘‘U.S. Mix’’ region from On the fourth general point, FTA substantially from those used to create
the Environmental Protection Agency’s notes that the Programmatic Assessment the Programmatic Assessment.
(EPA’s) eGRID2012, which represents an does not specify the methodology that a
Authority: 42 U.S.C. 4321, et seq.; 40 CFR
average value for the country. EPA’s transit agency should use to generate 1507.3; 49 CFR 1.81(a)(5).
eGRID also provides GHG emission data travel forecasts. The sample of transit
at the sub-region level, which reflect projects analyzed in the Programmatic Lucy Garliauskas,
more region-specific electricity Assessment included 36 transit projects Associate Administrator, Office of Planning
generation. The Programmatic that applied for funding through the 49 and Environment, Federal Transit
U.S.C. 5309 Capital Investment Grants Administration.
Assessment (Appendix B) and the
associated Estimator Tool include the (CIG) Program. As part of the CIG [FR Doc. 2017–00918 Filed 1–17–17; 8:45 am]
eGRID sub-region electricity emission program, each project developed and BILLING CODE P
factors, which reflect more region- submitted travel forecast information,
specific electricity generation. While including displaced VMT, using one of
FTA understands the issue related to the following approaches: Region-wide DEPARTMENT OF TRANSPORTATION
litigation due to data quality issues, the travel models; incremental data-driven
methods; or FTA’s Simplified Trips-on- National Highway Traffic Safety
Programmatic Assessment is a capture Administration
in time of the best available data. FTA’s Project Software (STOPS). FTA’s
Programmatic Assessment also Programmatic Assessment cannot [Docket No. NHTSA–2015–0075; Notice 2]
establishes the methodology used to include revised methodology
derive GHG emissions factors that may incorporating the Land Use Benefit PACCAR, Inc., Grant of Petition for
be replicated by transit agencies using Calculator or STOPS because neither Decision of Inconsequential
locally available data sets in the can be developed on a programmatic Noncompliance
Estimator Tool. Lastly, FTA would note scale. Transit agencies that choose to
calculate GHG emissions for a project AGENCY: National Highway Traffic
that the GHG emissions provide a Safety Administration (NHTSA),
can choose the method for calculating
conservative understanding of transit’s Department of Transportation (DOT).
VMT.
contribution to GHG emissions in order On the fifth general point, FTA ACTION: Grant of petition.
to provide disclosure for purposes of developed the Programmatic
NEPA compliance. The use of the SUMMARY: PACCAR, Inc. (PACCAR), has
Assessment to provide transit agencies
Programmatic Assessment is entirely determined that certain Peterbilt and
with a useful source of methodology,
optional, but FTA believes it would Kenworth trucks do not fully comply
data, and analysis to reference in future
reduce litigation risk by taking a ‘‘hard with Federal Motor Vehicle Safety
environmental review documents to
look’’ at GHG emissions due to transit meet NEPA requirements. FTA Standard (FMVSS) No. 108, Lamps,
projects, even if that assessment is more recommends that NEPA reviews for Reflective devices, and Associated
conservative than actual emissions on individual BRT and streetcar projects Equipment. PACCAR filed a
certain projects. incorporate this Programmatic noncompliance report dated June 11,
On the third general point, the Assessment by reference, with no 2015, that was later revised on June 12,
Programmatic Assessment additional need for project-specific 2015. PACCAR also petitioned NHTSA
acknowledges that, in addition to analysis for purposes of NEPA. FTA also on July 9, 2015, for a decision that the
displacing automobile VMT, transit can recommends that light rail projects with subject noncompliance is
help reduce congestion and spur more a high proportion of displaced VMT to inconsequential as it relates to motor
compact, transit-oriented development, annual transit VMT, regardless of vehicle safety.
thus reducing GHG emissions that may length, alignment, and number of ADDRESSES: For further information on
have otherwise occurred. The longer stations, incorporate this Programmatic this decision contact Mike Cole, Office
timeframe associated with realizing the Assessment by reference, with no of Vehicle Safety Compliance, the
GHG emission reduction benefits from additional need for project-specific National Highway Traffic Safety
denser development was not the analysis for purposes of NEPA. In cases Administration (NHTSA), telephone
mstockstill on DSK3G9T082PROD with NOTICES
primary reason why a land use where a light rail project is expected to (202) 366–2334, facsimile (202) 366–
component was not included in the have a lower ratio of displaced VMT to 5930.
methodology. A land use component annual transit VMT, however, SUPPLEMENTARY INFORMATION:
was not included because the available conducting a project-specific analysis
tools (i.e., the Land Use Benefit using the Estimator Tool or another I. Overview
Calculator associated with TCRP Report locally recommended approach is likely PACCAR, Inc. (PACCAR), has
176) could not be applied at a appropriate for purposes of NEPA determined that certain Peterbilt and
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Document Created: 2018-02-01 15:19:14
Document Modified: 2018-02-01 15:19:14
| 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 of availability. | |
| Dates | This final Programmatic Assessment and Estimator Tool are effective immediately. | |
| Contact | Maya Sarna, Office of Environmental Programs, (202) 366-5811, or Christopher Van Wyk, Office of Environmental Programs, (202) 366-1733; Helen Serassio, Office of Chief Counsel, (202) 366-1974. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m. ET, Monday through Friday, except Federal holidays. | |
| FR Citation | 82 FR 5636 |
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