Notice of Availability of Draft Guidance on the Application of United States Code to Corridor Preservation and Request for Comment, 75446 [2013-29527]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Page 75446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29527]



[[Page 75446]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket Number: FTA-2013-0019]


Notice of Availability of Draft Guidance on the Application of 
United States Code to Corridor Preservation and Request for Comment

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability; request for comment.

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) announces the 
availability of draft guidance on the application of a new provision of 
the Moving Ahead for Progress in the 21st Century Act (MAP-21) 
regarding corridor preservation for future transit projects. MAP-21 
amended Federal transit law by amending a previously existing provision 
such that FTA can now, under certain conditions, assist in the 
acquisition of right-of-way (ROW) for corridor preservation before the 
environmental review process for any transit project that eventually 
will use that ROW and permit corridor preservation with local funds, 
under certain conditions, for a transit project that could later 
receive FTA financial assistance. The draft guidance defines the form 
of ROW to which this MAP-21 provision applies and explains the 
conditions and requirements pertaining to its application. FTA requests 
comments on this draft guidance, which is available in the docket and 
on the FTA Web site.

DATES: Comments must be received by January 10, 2014.

ADDRESSES: You may submit comments to Docket No. FTA-2013-0019 by any 
of the following methods:
    Federal eRulemaking Portal: Go to www.regulations.gov and 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, between 9 a.m. and 5 p.m. 
eastern time, Monday through Friday, except Federal holidays.
    Fax: (202) 493-2251.
    Instructions: You must include the agency name (Federal Transit 
Administration) and the Docket Number of this notice (FTA-2013-0019) at 
the beginning of your comments. You should submit two copies of your 
comments if you submit them by mail. If you wish to receive 
confirmation that FTA received your comments, you must include a self-
addressed stamped postcard. Note that all comments received will be 
posted without change to www.regulations.gov including any personal 
information provided and will be available to Internet users. You may 
review DOT's complete Privacy Act Statement published in the Federal 
Register on April 11, 2000 (65 FR 19477).
    Docket: For access to the docket to read the draft guidance 
document and comments received, go to www.regulations.gov at any time 
or to the U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Docket Operations, M-30, West Building Ground Floor, Room W12-140, 
Washington, DC 20590 between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except Federal holidays. The draft guidance itself is also 
available on the FTA Web site at www.fta.dot.gov under ``MAP-21.''

FOR FURTHER INFORMATION CONTACT: Mr. Christopher S. Van Wyk, Office of 
Planning and Environment, (202) 366-1733, or email to 
christopher.vanwyk@dot.gov; or Ms. Dana Nifosi, Office of Chief 
Counsel, (202) 366-4011, or email to dana.nifosi@dot.gov. Both are 
located at the Federal Transit Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Section 20016 of the Moving Ahead for 
Progress in the 21st Century Act (MAP-21) amended Federal transit law 
by revising a pre-existing provision and moving it to 49 U.S.C. 5323(q) 
such that FTA can now, under certain conditions, assist in the 
acquisition of right-of-way (ROW) before the environmental review 
process for any transit project that will eventually use that ROW and 
permit corridor preservation with local funds, under certain 
conditions, for a transit project that would later receive FTA 
financial assistance. The ``environmental review process'' is defined 
in 23 U.S.C. 139(a)(3). The new provision of MAP-21, which became 
effective on October 1, 2012, states:

    (q) CORRIDOR PRESERVATION.--
    (1) IN GENERAL.--The Secretary may assist a recipient in 
acquiring right-of-way before the completion of the environmental 
reviews for any project that may use the right-of-way if the 
acquisition is otherwise permitted under Federal law. The Secretary 
may establish restrictions on such an acquisition as the Secretary 
determines to be necessary and appropriate.
    (2) ENVIRONMENTAL REVIEWS.--Right-of-way acquired under this 
subsection may not be developed in anticipation of the project until 
all required environmental reviews for the project have been 
completed.

    Prior to October 1, 2012, FTA allowed this form of corridor 
preservation only for pre-existing railroad ROW to be used in a future 
transit project, pursuant to the former provision of Federal transit 
law that was modified and moved by MAP-21. MAP-21 removed the word 
``railroad'' from the provision formerly in 49 U.S.C. 5324(c) and moved 
it to 49 U.S.C. 5323(q).
    In accordance with the clause in the statute that allows the 
Secretary to establish restrictions as necessary and appropriate, FTA 
has developed draft guidance to facilitate the use of this ROW 
provision. The draft guidance states that FTA considers the acquisition 
of ROW under this provision to be a separate action from the future 
transit project that will ultimately be built on that ROW. As a 
separate action, the ROW acquisition itself, if financially assisted by 
FTA, is subject to FTA's requirements for planning, environmental 
review, relocation of residents and businesses, and acquisition of the 
real property or real property rights. The later transit project built 
on that ROW, if financially assisted by FTA, would also be subject to 
these FTA requirements as a separate project. Under the draft guidance, 
FTA would not permit the acquisition of any property interests once the 
NEPA process has been initiated for a project that will use that real 
property for an alternative under review unless justified by hardship 
or protective proposes as defined in the FTA environmental regulation 
at 23 CFR 771.118(d).
    FTA requests comments on the draft guidance, which is available in 
the docket and in the MAP-21 section of FTA's Web site at 
www.fta.dot.gov. FTA will respond to comments received on this notice 
in a second Federal Register notice to be published after the close of 
the comment period. The second notice will announce the availability of 
final guidance that reflects any changes implemented as a result of 
comments received.

    Dated: December 4, 2013.
Peter Rogoff,
Administrator, Federal Transit Administration.
[FR Doc. 2013-29527 Filed 12-10-13; 8:45 am]
BILLING CODE P