83_FR_19480 83 FR 19395 - Application From the State of California To Participate in the Surface Transportation Project Delivery Program for Certain Railroad Projects

83 FR 19395 - Application From the State of California To Participate in the Surface Transportation Project Delivery Program for Certain Railroad Projects

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 85 (May 2, 2018)

Page Range19395-19396
FR Document2018-09290

This notice announces that FRA has received and reviewed an application from the State of California (State) acting through its California State Transportation Agency (CalSTA) and California High- Speed Rail Authority (Authority) requesting participation in the Surface Transportation Project Delivery Program (Program). Under the Program, FRA may assign, and the State may assume, responsibilities under the National Environmental Policy Act of 1969 (NEPA), and all or part of FRA's responsibilities for environmental review, consultation, or other actions required under Federal environmental laws with respect to one or more railroad projects within the State. FRA invites the public to comment on the State's request, including its application and the draft Memorandum of Understanding (MOU), which outlines how the State would implement the Program, with FRA oversight. The State's application and the draft MOU are available for public inspection in the docket. FRA will use the public comments to inform its decision on whether to approve or deny the State's application.

Federal Register, Volume 83 Issue 85 (Wednesday, May 2, 2018) 
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19395-19396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09290]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0014]


Application From the State of California To Participate in the 
Surface Transportation Project Delivery Program for Certain Railroad 
Projects

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (USDOT).

ACTION: Notice of receipt of application and request for comments.

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SUMMARY: This notice announces that FRA has received and reviewed an 
application from the State of California (State) acting through its 
California State Transportation Agency (CalSTA) and California High-
Speed Rail Authority (Authority) requesting participation in the 
Surface Transportation Project Delivery Program (Program). Under the 
Program, FRA may assign, and the State may assume, responsibilities 
under the National Environmental Policy Act of 1969 (NEPA), and all or 
part of FRA's responsibilities for environmental review, consultation, 
or other actions required under Federal environmental laws with respect 
to one or more railroad projects within the State. FRA invites the 
public to comment on the State's request, including its application and 
the draft Memorandum of Understanding (MOU), which outlines how the 
State would implement the Program, with FRA oversight. The State's 
application and the draft MOU are available for public inspection in 
the docket. FRA will use the public comments to inform its decision on 
whether to approve or deny the State's application.

DATES: Please submit comments by June 1, 2018.

ADDRESSES: You may submit comments, identified by Docket Number FRA-
2018-0014, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments;
     Mail: Docket Management Facility; U.S. DOT, 1200 New 
Jersey Ave. SE, W12-140, Washington, DC 20590;
     Hand Delivery: The Docket Management Facility is located 
in Room W12-140, West Building Ground Floor, U.S. DOT, 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays; or
     Fax: 202-493-2251.
    Instructions: You must include the agency name and docket number at 
the beginning of your comments. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Perez, Environmental 
Protection Specialist, Office of Program Delivery, Federal Railroad 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, 
telephone: (202) 493-0388, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    An electronic copy of this notice may be downloaded from the 
Federal Register's home page at http://www.archives.gov/federal-register. An electronic version of the application materials and 
proposed MOU may be downloaded by accessing the USDOT docket, as 
described above, at http://www.regulations.gov/.

Privacy Act Statement

    Anyone can search the electronic form of all comments received into 
any of DOT's dockets by the name of the individual submitting the 
comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477), or you may visit https://www.regulations.gov/privacyNotice.

Background

    Section 327 of title 23, United States Code (23 U.S.C. 327), allows 
the Secretary of the U.S. Department of Transportation (Secretary) to 
assign, and a State to assume, responsibility for all or part of the 
Secretary's responsibilities for environmental review, consultation, or 
other actions required under NEPA (42 U.S.C. 4321 et seq.) and any 
Federal environmental law with respect to one or more highway projects 
within the State, as well as one or more railroad, public 
transportation, and/or multimodal projects.\1\ The FRA is authorized to 
act on behalf of the Secretary with respect to these matters for 
railroad projects.
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    \1\ The Secretary may not assign its responsibility for making 
any conformity determination required under section 176 of the Clean 
Air Act.
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    Under the draft MOU, FRA would assign to the State, acting through 
CalSTA or the Authority, the responsibility for making decisions under 
NEPA for railroad projects proposed as part of the California High-
Speed Rail system, as further described in the State's application and 
the draft MOU, with the exception of the following:
    (1) Projects that cross state boundaries or that cross or are 
adjacent to international boundaries are excluded from the railroad 
projects for which FRA environmental review responsibilities are being 
assumed by the State. For purposes of the State's application and draft 
MOU, a project is considered ``adjacent to international boundaries'' 
if it requires the issuance of

[[Page 19396]]

a new, or modification of an existing, Presidential Permit by the U.S. 
Department of State.
    (2) As provided at 23 U.S.C. 327(a)(2)(D), any railroad project 
that is not assumed by the State as identified in the State's 
application and the draft MOU remains the responsibility of the FRA.
    Under the draft MOU, the State would also assume the responsibility 
to conduct the following environmental review, consultation, and other 
related activities for project delivery:

Environmental Review Process

 Efficient environmental reviews for project decisionmaking, 23 
U.S.C. 139
 Efficient environmental reviews, 49 U.S.C. 24201

Air Quality

 Clean Air Act (CAA), 42 U.S.C. 7401-7671q, except to the 
extent 23 U.S.C. 327 requires FRA to retain responsibility for 
conformity determinations

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918

Wildlife

 Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531-1544
 Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
 Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
 Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
 Migratory Bird Treaty Act, 16 U.S.C. 703-712
 Magnuson-Stevens Fishery Conservation and Management Act of 
1976, as amended, 16 U.S.C. 1801-1891d

Hazardous Materials Management

 Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C. 
9671-9675
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k

Historic and Cultural Resources

 National Historic Preservation Act of 1966, as amended, 54 
U.S.C. 306101, et seq., except to the extent 23 CFR part 773 requires 
FRA to retain responsibility for Government-to-Government consultation 
with Indian tribes
 Archeological Resources Protection Act, 16 U.S.C. 470aa-479mm
 Title 54, Chapter 3125--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Graves Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170

Social and Economic Impacts

 American Indian Religious Freedom Act, 42 U.S.C. 1996
 Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209

Water Resources and Wetlands

 Clean Water Act, 33 U.S.C. 1251-1387 (Sections 401, 402, 404, 
408, and Section 319)
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-26
 Rivers and Harbors Act of 1899, 33 U.S.C. 403
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130
 General Bridge Act of 1946, 33 U.S.C. 525-533
 Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
 Coastal Zone Management Act, 16 U.S.C. 1451-1466

Parklands and Other Special Land Uses

 49 U.S.C. 303 (Section 4(f))
 Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-
200310

Executive Orders

 E.O. 11990, Protection of Wetlands
 E.O. 11988, Floodplain Management
 E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations
 E.O. 13112, Invasive Species
 E.O. 13807, Establishing Discipline and Accountability in the 
Environmental Review and Permitting Process for Infrastructure

    The draft MOU would allow the State to act in the place of FRA in 
carrying out the environmental review-related functions described 
above, except with respect to Government-to-Government consultations 
with Federally-recognized Indian tribes. The FRA would retain 
responsibility for conducting formal Government-to-Government 
consultation with Federally-recognized Indian tribes. The Authority 
would continue to handle routine consultations with the tribes and 
understands that a tribe has the right to direct consultation with the 
FRA upon request. The Authority would also be able to assist FRA with 
formal consultations, with consent of a tribe, but FRA would remain 
responsible for the consultation.
    In addition, the State would not assume FRA's responsibilities for 
conformity determinations required under Section 176 of the CAA (42 
U.S.C. 7506), or any responsibility under 23 U.S.C. 134 or 135, or 
under 49 U.S.C. 5303 or 5304.
    A copy of the State's application and draft MOU are in the USDOT 
docket or may be obtained by contacting FRA at the address provided 
above. A copy also may be viewed on the Authority's website at: http://www.hsr.ca.gov/Programs/Environmental_Planning/nepa_assignment.html.
    The FRA will consider all substantive comments submitted when 
making its decision on the State's request. Any final MOU approved by 
FRA may include changes based on comments and consultations and will be 
made publicly available.

    Authority:  23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 773.109-
111; 40 CFR 1507.3; and 49 CFR 264.101.

Jamie Rennert,
Director, Office of Program Delivery, Federal Railroad Administration.
[FR Doc. 2018-09290 Filed 5-1-18; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19395 requirements in 23 CFR part 635 that ACTION:Notice of receipt of application SUPPLEMENTARY INFORMATION: may not apply to ID/IQs (for example, and request for comments. Electronic Access standard change conditions clauses in 23 CFR 635.109 and self-performance SUMMARY: This notice announces that An electronic copy of this notice may requirements in 23 CFR 635.113), but FRA has received and reviewed an be downloaded from the Federal FHWA will encourage contracting application from the State of California Register’s home page at http:// agencies to use similar requirements (State) acting through its California State www.archives.gov/federal-register. An consistent with State or local Transportation Agency (CalSTA) and electronic version of the application government policy. California High-Speed Rail Authority materials and proposed MOU may be (Authority) requesting participation in downloaded by accessing the USDOT This contracting technique will the Surface Transportation Project docket, as described above, at http:// continue to be experimental under Delivery Program (Program). Under the www.regulations.gov/. FHWA’s SEP–14 authority because Program, FRA may assign, and the State FHWA’s regulations and procedures do may assume, responsibilities under the Privacy Act Statement not accommodate this type of National Environmental Policy Act of contracting technique; however, Anyone can search the electronic 1969 (NEPA), and all or part of FRA’s form of all comments received into any contracting agencies will not need to responsibilities for environmental submit individual SEP–14 requests and of DOT’s dockets by the name of the review, consultation, or other actions individual submitting the comment (or work plans for low-cost contracts under required under Federal environmental these conditions. The FHWA would signing the comment, if submitted on laws with respect to one or more behalf of an association, business, labor expect contracting agencies to continue railroad projects within the State. FRA to request specific SEP–14 approval for union, etc.). You may review DOT’s invites the public to comment on the complete Privacy Act Statement in the best value awards, multiple-award ID/IQ State’s request, including its application contracts and JOCs, and contracts that Federal Register published on April 11, and the draft Memorandum of 2000 (65 FR 19477), or you may visit exceed the low-cost threshold or are not Understanding (MOU), which outlines otherwise within the limitations of this https://www.regulations.gov/ how the State would implement the privacyNotice. notice. The FHWA will request its Program, with FRA oversight. The division offices to report annually on State’s application and the draft MOU Background different metrics to assess the are available for public inspection in the contracting technique’s impact on Section 327 of title 23, United States docket. FRA will use the public Code (23 U.S.C. 327), allows the competition. The FHWA seeks public comments to inform its decision on comments on this approach. Secretary of the U.S. Department of whether to approve or deny the State’s Transportation (Secretary) to assign, and 2. Step Two: Rulemaking Initiation application. a State to assume, responsibility for all DATES: Please submit comments by June or part of the Secretary’s responsibilities Under the second phase, FHWA 1, 2018. intends to initiate rulemaking to address for environmental review, consultation, ADDRESSES: You may submit comments, or other actions required under NEPA the construction and approval identified by Docket Number FRA– (42 U.S.C. 4321 et seq.) and any Federal regulations that need amendments in 2018–0014, by any of the following environmental law with respect to one order to allow the contracting technique methods: or more highway projects within the on a permanent basis. This rulemaking • Federal eRulemaking Portal: Go to would be published in the Federal State, as well as one or more railroad, http://www.regulations.gov and follow public transportation, and/or Register and provide an opportunity for the online instructions for submitting the public to comment on the use of ID/ multimodal projects.1 The FRA is comments; authorized to act on behalf of the IQ contracts or JOC for construction in • Mail: Docket Management Facility; the FAHP. Secretary with respect to these matters U.S. DOT, 1200 New Jersey Ave. SE, for railroad projects. Authority: 23 U.S.C. 112 and 502; 23 CFR W12–140, Washington, DC 20590; Under the draft MOU, FRA would 635. • Hand Delivery: The Docket assign to the State, acting through Issued on: April 25, 2018. Management Facility is located in Room CalSTA or the Authority, the W12–140, West Building Ground Floor, Brandye L. Hendrickson, responsibility for making decisions U.S. DOT, 1200 New Jersey Avenue SE, Acting Administrator, Federal Highway under NEPA for railroad projects Washington, DC, between 9 a.m. and 5 Administration. proposed as part of the California High- p.m., Monday through Friday, except [FR Doc. 2018–09276 Filed 5–1–18; 8:45 am] Speed Rail system, as further described Federal holidays; or in the State’s application and the draft BILLING CODE 4910–22–P • Fax: 202–493–2251. Instructions: You must include the MOU, with the exception of the agency name and docket number at the following: DEPARTMENT OF TRANSPORTATION beginning of your comments. All (1) Projects that cross state boundaries comments received will be posted or that cross or are adjacent to Federal Railroad Administration international boundaries are excluded without change to http:// www.regulations.gov, including any from the railroad projects for which [Docket No. FRA–2018–0014] personal information provided. FRA environmental review responsibilities are being assumed by Application From the State of FOR FURTHER INFORMATION CONTACT: Ms. daltland on DSKBBV9HB2PROD with NOTICES the State. For purposes of the State’s California To Participate in the Surface Stephanie Perez, Environmental application and draft MOU, a project is Transportation Project Delivery Protection Specialist, Office of Program considered ‘‘adjacent to international Program for Certain Railroad Projects Delivery, Federal Railroad boundaries’’ if it requires the issuance of Administration, 1200 New Jersey AGENCY: Federal Railroad Avenue SE, Washington, DC 20590, 1 The Secretary may not assign its responsibility Administration (FRA), U.S. Department telephone: (202) 493–0388, email: for making any conformity determination required of Transportation (USDOT). stephanie.perez@dot.gov. under section 176 of the Clean Air Act. VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 PO 00000 Frm 00185 Fmt 4703 Sfmt 4703 E:\FR\FM\02MYN1.SGM 02MYN1

19396 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices a new, or modification of an existing, • Title 54, Chapter 3125—Preservation consultations, with consent of a tribe, Presidential Permit by the U.S. of Historical and Archeological Data, but FRA would remain responsible for Department of State. 54 U.S.C. 312501–312508 the consultation. (2) As provided at 23 U.S.C. • Native American Graves Protection In addition, the State would not 327(a)(2)(D), any railroad project that is and Repatriation Act (NAGPRA), 25 assume FRA’s responsibilities for not assumed by the State as identified U.S.C. 3001–3013; 18 U.S.C. 1170 conformity determinations required in the State’s application and the draft under Section 176 of the CAA (42 U.S.C. Social and Economic Impacts MOU remains the responsibility of the 7506), or any responsibility under 23 FRA. • American Indian Religious Freedom U.S.C. 134 or 135, or under 49 U.S.C. Under the draft MOU, the State would Act, 42 U.S.C. 1996 5303 or 5304. also assume the responsibility to • Farmland Protection Policy Act A copy of the State’s application and conduct the following environmental (FPPA), 7 U.S.C. 4201–4209 draft MOU are in the USDOT docket or review, consultation, and other related Water Resources and Wetlands may be obtained by contacting FRA at activities for project delivery: the address provided above. A copy also • Clean Water Act, 33 U.S.C. 1251–1387 may be viewed on the Authority’s Environmental Review Process (Sections 401, 402, 404, 408, and website at: http://www.hsr.ca.gov/ • Efficient environmental reviews for Section 319) Programs/Environmental_Planning/ project decisionmaking, 23 U.S.C. 139 • Safe Drinking Water Act (SDWA), 42 nepa_assignment.html. • Efficient environmental reviews, 49 U.S.C. 300f–300j–26 The FRA will consider all substantive U.S.C. 24201 • Rivers and Harbors Act of 1899, 33 comments submitted when making its U.S.C. 403 decision on the State’s request. Any Air Quality • Wild and Scenic Rivers Act, 16 U.S.C. final MOU approved by FRA may • Clean Air Act (CAA), 42 U.S.C. 7401– 1271–1287 include changes based on comments 7671q, except to the extent 23 U.S.C. • Emergency Wetlands Resources Act, and consultations and will be made 327 requires FRA to retain 16 U.S.C. 3901 and 3921 publicly available. responsibility for conformity • Flood Disaster Protection Act, 42 U.S.C. 4001–4130 Authority: 23 U.S.C. 327; 42 U.S.C. 4331, determinations 4332; 23 CFR 773.109–111; 40 CFR 1507.3; • General Bridge Act of 1946, 33 U.S.C. Noise and 49 CFR 264.101. 525–533 • Noise Control Act of 1972, 42 U.S.C. • Coastal Barrier Resources Act, 16 Jamie Rennert, 4901–4918 U.S.C. 3501–3510 Director, Office of Program Delivery, Federal • Coastal Zone Management Act, 16 Railroad Administration. Wildlife U.S.C. 1451–1466 [FR Doc. 2018–09290 Filed 5–1–18; 8:45 am] • Endangered Species Act of 1973 Parklands and Other Special Land Uses BILLING CODE 4910–06–P (ESA), 16 U.S.C. 1531–1544 • Marine Mammal Protection Act, 16 • 49 U.S.C. 303 (Section 4(f)) U.S.C. 1361–1423h • Land and Water Conservation Fund DEPARTMENT OF TRANSPORTATION • Anadromous Fish Conservation Act, (LWCF) Act, 54 U.S.C. 200302– 16 U.S.C. 757a–757f 200310 Maritime Administration • Fish and Wildlife Coordination Act, Executive Orders [Docket No. MARAD–2018–0065] 16 U.S.C. 661–667d • Migratory Bird Treaty Act, 16 U.S.C. • E.O. 11990, Protection of Wetlands Requested Administrative Waiver of 703–712 • E.O. 11988, Floodplain Management the Coastwise Trade Laws: Vessel • Magnuson-Stevens Fishery • E.O. 12898, Federal Actions to CHAINED UP; Invitation for Public Conservation and Management Act of Address Environmental Justice in Comments 1976, as amended, 16 U.S.C. 1801– Minority Populations and Low 1891d Income Populations AGENCY: Maritime Administration, DOT. • E.O. 13112, Invasive Species ACTION: Notice. Hazardous Materials Management • E.O. 13807, Establishing Discipline • Comprehensive Environmental and Accountability in the SUMMARY: The Secretary of Response, Compensation, and Environmental Review and Permitting Transportation, as represented by the Liability Act (CERCLA), 42 U.S.C. Process for Infrastructure Maritime Administration (MARAD), is 9601–9675 The draft MOU would allow the State authorized to grant waivers of the U.S.- • Superfund Amendments and to act in the place of FRA in carrying build requirement of the coastwise laws Reauthorization Act (SARA), 42 out the environmental review-related under certain circumstances. A request U.S.C. 9671–9675 functions described above, except with for such a waiver has been received by • Resource Conservation and Recovery respect to Government-to-Government MARAD. The vessel, and a brief Act (RCRA), 42 U.S.C. 6901–6992k consultations with Federally-recognized description of the proposed service, is Indian tribes. The FRA would retain listed below. Historic and Cultural Resources responsibility for conducting formal DATES: Submit comments on or before • National Historic Preservation Act of Government-to-Government June 1, 2018. 1966, as amended, 54 U.S.C. 306101, consultation with Federally-recognized ADDRESSES: Comments should refer to daltland on DSKBBV9HB2PROD with NOTICES et seq., except to the extent 23 CFR Indian tribes. The Authority would docket number MARAD–2018–0065. part 773 requires FRA to retain continue to handle routine Written comments may be submitted by responsibility for Government-to- consultations with the tribes and hand or by mail to the Docket Clerk, Government consultation with Indian understands that a tribe has the right to U.S. Department of Transportation, tribes direct consultation with the FRA upon Docket Operations, M–30, West • Archeological Resources Protection request. The Authority would also be Building Ground Floor, Room W12–140, Act, 16 U.S.C. 470aa–479mm able to assist FRA with formal 1200 New Jersey Avenue SE, VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 E:\FR\FM\02MYN1.SGM 02MYN1


Document Created: 2018-05-02 00:50:01
Document Modified: 2018-05-02 00:50:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of receipt of application and request for comments.
DatesPlease submit comments by June 1, 2018.
ContactMs. Stephanie Perez, Environmental Protection Specialist, Office of Program Delivery, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone: (202) 493-0388, email: [email protected]
FR Citation83 FR 19395 
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