Categorical Exclusion Survey Review, 35437-35439 [2016-12884]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
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., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
Instructions: All submissions must
include the agency name and the docket
number for this notice. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Stephanie Lawrence, Office of Railroad
Policy and Development, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590,
(202) 493–1376.
SUPPLEMENTARY INFORMATION: Section
11313(b) of the FAST Act provides that,
not later than 180 days after the date of
enactment of the FAST Act, the
Secretary must enhance the usefulness
of assessments of benefits and costs for
intercity passenger rail and freight rail
projects by: (1) Providing ongoing
guidance and training on developing
benefit and cost information for rail
projects; (2) providing more direct and
consistent requirements for assessing
benefits and costs across transportation
funding programs, including the
appropriate use of discount rates; (3)
requiring applicants to clearly
communicate the methodology used to
calculate the project benefits and costs;
and (4) ensuring that applicants receive
clear and consistent guidance on values
to apply for key assumptions used to
estimate potential project benefits and
costs.
The BCA Guidance addresses the four
requirements specified in the FAST Act
and is intended to provide a consistent
approach for completing a BCA for
intercity passenger rail and freight rail
project proposals.
In addition to serving as a valuable
tool for defining and narrowing
investment alternatives, BCAs are also
increasingly a prerequisite to receive
financial assistance under Federal
investment programs, including those
that DOT administers. For example, the
two competitive railroad infrastructure
improvement grant programs authorized
in the FAST Act specifically require the
Secretary to consider BCA as a project
selection criterion (Section 11301,
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Consolidated Rail Infrastructure and
Safety Improvements; and Section
11302, Federal-State Partnership for
State of Good Repair). Moreover, two
grant programs administered by the
Office of the Secretary that contain rail
project eligibilities—the Transportation
Investment Generating Economic
Recovery (TIGER) program and the
Fostering Advancements in Shipping
and Transportation for the Long-term
Achievement of National Efficiencies
(FASTLANE) program—either require or
request (depending on the size and
other characteristics of the project) a
BCA as part of the grant application
process.
FRA drafted the BCA Guidance to be
consistent with the DOT BCA guidance,
which covers a wide range of surface
transportation projects (e.g., highways,
transit, rail, and ports) under the TIGER
and FASTLANE grant programs. The
FRA BCA Guidance is intended to
provide greater granularity and
specificity to benefit and cost issues
associated with intercity passenger rail
and freight rail projects.
The BCA Guidance is effective upon
the publication of this notice. However,
project sponsors and potential
applicants for FRA financial assistance
programs should refer to the Notice of
Funding Opportunity (NOFO)
announcement for further instruction
regarding the applicability of the BCA
Guidance to a particular application or
funding program. Due to the timing of
the publication of this notice, the BCA
Guidance does not apply to applications
to the Railroad Safety Infrastructure
Improvement Grant program, for which
a NOFO was published in the Federal
Register on April 29, 2016, with
applications due to FRA by June 14,
2016.
As noted, written comments on the
BCA Guidance must be received by
August 1, 2016. FRA will consider such
comments when making potential future
revisions to the BCA Guidance.
However, FRA will not publically
respond to comments received nor will
FRA address every comment in
potential future revisions to the BCA
Guidance.
Issued in Washington, DC, on May 26,
2016.
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016–12883 Filed 6–1–16; 8:45 am]
BILLING CODE 4910–06–P
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35437
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2016–0053]
Categorical Exclusion Survey Review
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
In this notice, FRA is
providing the public a review of FRA’s
survey of categorical exclusions (CEs)
used in railroad transportation projects
since 2005. FRA is soliciting public
comment on the review of the CE
survey, two new categories of activities
that may be appropriate for categorical
exclusion, and any other new categories
of activities for FRA consideration as
CEs.
SUMMARY:
FRA must receive written
comments on or before July 5, 2016.
FRA will consider comments it receives
after this date to the extent practicable.
ADDRESSES: Comments: Persons may
submit comments related to Docket
FRA–2016–0053 by any of the following
methods:
• Online: Comments should be filed
at the Federal eRulemaking Portal,
https://www.regulations.gov. 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 20590–0001 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 https://
www.regulations.gov, including any
personal information provided.
Docket: To access the docket or read
background documents or comments
received, go to https://
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 Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Johnsen, Environmental and
DATES:
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35438
Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
Corridor Planning Division, Office of
Program Delivery, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001 or by telephone at (202) 493–1310,
or Mr. Chris Van Nostrand, AttorneyAdvisor, Office of Chief Counsel,
Federal Railroad Administration, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001 or by telephone at (202)
493–6058.
SUPPLEMENTARY INFORMATION:
I. Background
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, among
other things, to: (1) Survey FRA CE use
in transportation projects since 2005;
and (2) publish in the Federal Register
for notice and public comment a review
of the survey that includes a description
of the types of actions categorically
excluded and any actions the Secretary
is considering for new CEs, including
those that would conform to CEs other
DOT modal administrations use. CEs are
actions FRA has determined do not
individually or cumulatively have
significant effects on the human
environment and, thus, do not require it
to prepare an Environmental
Assessment or Environmental Impact
Statement under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.). See 40 CFR 1508.4.
FRA’s Procedures for Considering
Environmental Impacts (FRA
Environmental Procedures), 64 FR
28545, May 26, 1999, include a list of
20 CEs. In 2013, FRA updated the FRA
Environmental Procedures by adding
seven new CEs. 78 FR 2713, Jan. 14,
2013.
II. Review of Survey of Categorical
Exclusions Used by FRA Since 2005
To comply with the FAST Act section
11503 requirement to survey FRA’s use
of CEs for transportation projects since
2005, FRA focused its survey on
projects funded by FRA-administered
financial assistance programs, such as
the High-Speed Intercity Passenger Rail
and Transportation Investment
Generating Economic Recovery grant
programs, the Rail Line Relocation and
Improvement program, and the Railroad
Rehabilitation and Improvement
Financing loan/loan guarantee program.
As a result, not all FRA CEs used since
2005 are included in the survey. For
example, FRA did not survey FRA’s use
of CEs for rulemakings.
Table 1 is a review of FRA’s survey
organized by the frequency of FRA’s use
of each CE.1 In general, the survey
shows the most frequently applied CEs
are for the maintenance or construction
of railroad infrastructure, such as
maintenance activities for existing
railroad infrastructure and equipment;
minor rail line additions; and bridge
rehabilitation, reconstruction, and
replacement. Some CEs shown in Table
1 as Category 2 or 3 also cover
maintenance or construction activities,
but were recently added in 2013 and
thus, have a smaller overall sample size.
FRA will use the survey and public
comments on this notice to develop
proposals for new CEs or modify
existing CEs.
TABLE 1—RESULTS OF FRA CE SURVEY: JANUARY, 2005–MARCH, 2016
Category 1: Most Frequently Used
(11) Maintenance of: Existing railroad equipment; track and bridge structures; electrification, communication, signaling, or security facilities; stations; maintenance-of-way and maintenance-of-equipment bases; and other existing railroad-related facilities. For purposes of this exemption
‘‘maintenance’’ means work, normally provided on a periodic basis, which does not change the existing character of the facility, and may include work characterized by other terms under specific FRA programs.
(16) Minor rail line additions including construction of side tracks, passing tracks, crossovers, short connections between existing rail lines, and
new tracks within existing rail yards provided that such additions are not inconsistent with existing zoning, do not involve acquisition of a significant amount of right of way, and do not significantly alter the traffic density characteristics of the existing rail lines or rail facilities.
(26) Assembly or construction of facilities or stations that are consistent with existing land use and zoning requirements, do not result in a major
change in traffic density on existing rail or highway facilities and result in approximately less than ten acres of surface disturbance, such as
storage and maintenance facilities, freight or passenger loading and unloading facilities or stations, parking facilities, passenger platforms,
canopies, shelters, pedestrian overpasses or underpasses, paving, or landscaping.
(22) Bridge rehabilitation, reconstruction or replacement, the rehabilitation or maintenance of the rail elements of docks or piers for the purposes
of intermodal transfers, and the construction of bridges, culverts, or grade separation projects, predominantly within existing right-of-way, that
do not involve extensive in-water construction activities, such as projects replacing bridge components including stringers, caps, piles, or
decks, the construction of roadway overpasses to replace at-grade crossings, construction or reconstruction of approaches and/or embankments to bridges, or construction or replacement of short span bridges.
(27) Track and track structure maintenance and improvements when carried out predominantly within the existing right-of-way that do not cause
a substantial increase in rail traffic beyond existing or historic levels, such as stabilizing embankments, installing or reinstalling track, re-grading, replacing rail, ties, slabs and ballast, installing, maintaining, or restoring drainage ditches, cleaning ballast, constructing minor curve realignments, improving or replacing interlockings, and the installation or maintenance of ancillary equipment.
Category 2: Less Frequently Used
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(19) Improvements to existing facilities to service, inspect, or maintain rail passenger equipment, including expansion of existing buildings, the
construction of new buildings and outdoor facilities, and the reconfiguration of yard tracks.
(23) Acquisition (including purchase or lease), rehabilitation, or maintenance of vehicles or equipment that does not cause a substantial increase in the use of infrastructure within the existing right-of-way or other previously disturbed locations, including locomotives, passenger
coaches, freight cars, trainsets, and construction, maintenance or inspection equipment.
1 The number preceding the text of the CE
corresponds to the number of the CE in the FRA
Environmental Procedures.
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
35439
TABLE 1—RESULTS OF FRA CE SURVEY: JANUARY, 2005–MARCH, 2016—Continued
Category 3: Infrequently Used
(17) Acquisition of existing railroad equipment, track and bridge structures, electrification, communication, signaling or security facilities, stations,
maintenance of way and maintenance of equipment bases, and other existing railroad facilities or the right to use such facilities, for the purpose of conducting operations of a nature and at a level of use similar to those presently or previously existing on the subject properties.
(18) Research, development and/or demonstration of advances in signal, communication and/or train control systems on existing rail lines provided that such as research, development and/or demonstrations do not require the acquisition of a significant amount of right-of-way, and do
not significantly alter the traffic density characteristics of the existing rail line.
(19) Improvements to existing facilities to service, inspect, or maintain rail passenger equipment, including expansion of existing buildings, the
construction of new buildings and outdoor facilities, and the reconfiguration of yard tracks.
(24) Installation, repair and replacement of equipment and small structures designed to promote transportation safety, security, accessibility,
communication or operational efficiency that take place predominantly within the existing right-of-way and do not result in a major change in
traffic density on the existing rail line or facility, such as the installation, repair or replacement of surface treatments or pavement markings,
small passenger shelters, passenger amenities, benches, signage, sidewalks or trails, equipment enclosures, and fencing, railroad warning
devices, train control systems, signalization, electric traction equipment and structures, electronics, photonics, and communications systems
and equipment, equipment mounts, towers and structures, information processing equipment, and security equipment, including surveillance
and detection cameras.
(12) Temporary replacement of an essential rail facility if repairs are commenced immediately after the occurrence of a natural disaster or catastrophic failure.
(25) Environmental restoration, remediation and pollution prevention activities in or proximate to existing and former railroad track, infrastructure,
stations and facilities conducted in conformance with applicable laws, regulations and permit requirements, including activities such as noise
mitigation, landscaping, natural resource management activities, replacement or improvement to storm water oil/water separators, installation
of pollution containment systems, slope stabilization, and contaminated soil removal or remediation activities.
(21) Alterations to existing facilities, locomotives, stations and rail cars in order to make them accessible for the elderly and persons with disabilities, such as modifying doorways, adding or modifying lifts, constructing access ramps and railings, modifying restrooms, and constructing
accessible platforms.
(15) Financial assistance for the construction of minor loading and unloading facilities, provided that projects included in this category are consistent with local zoning, do not involve the acquisition of a significant amount of land, and do not significantly alter the traffic density characteristics of existing rail or highway facilities.
III. New Categorical Exclusions FRA Is
Considering
Since updating its CE list in 2013,
FRA has identified the following two
classes of actions that may be
appropriate for categorical exclusion:
• Localized geotechnical and other
investigations to provide information for
preliminary design and for
environmental analyses and permitting
purposes; and
• Refinancing assistance where the
project sponsor has already completed
project-related construction activities.
FRA seeks input from interested
parties, stakeholders, and the public on
additional categories of activities
appropriate for a CE that FRA should
consider. FRA also seeks comment on
the two CEs listed above.
Issued in Washington, DC, on May 26,
2016.
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016–12884 Filed 6–1–16; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BILLING CODE 4910–06–P
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. DOT–MARAD–2016–0057]
Agency Requests for Renewal of a
Previously Approved Information
Collection(s): Voluntary Tanker
Agreement
Maritime Administration, DOT.
Notice and request for
comments.
AGENCY:
ACTION:
The Maritime Administration
(MARAD) invites public comments
about our intention to request the Office
of Management and Budget (OMB)
approval to renew an information
collection. This collection of
information is used to gather
information on tanker operators who
agree to contribute, either by direct
charter to the Department of Defense or
to other participants tanker capacity as
requested by the Maritime
Administrator at such times and such
amounts as determined to be necessary
to meet the essential needs of DOD for
the transportation of petroleum and
petroleum products in bulk by sea. The
Voluntary Tanker Agreement is a
voluntary emergency preparedness
agreement in accordance with Section
708, Defense Production Act, 195, as
amended (50 U.S.C. App. 2158). We are
required to publish this notice in the
Federal Register by the Paperwork
SUMMARY:
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Reduction Act of 1995, Public Law 104–
13.
DATES: Written comments should be
submitted by August 1, 2016.
ADDRESSES: You may submit comments
identified by Docket No. DOT–MARAD–
2016–0057 through one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
William G. McDonald, 202–366–0688,
Director, Office of Sealift Support,
Maritime Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2133–0505.
Title: Voluntary Tanker Agreement.
Form Numbers: MA–1060.
Type of Review: Renewal of an
information collection.
Background: The collection consists
of a request from the Maritime
Administration (MARAD) that each
participant in the Voluntary Tanker
Agreement submit a list of the names of
ships owned, chartered or contracted for
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Agencies
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35437-35439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12884]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2016-0053]
Categorical Exclusion Survey Review
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, FRA is providing the public a review of FRA's
survey of categorical exclusions (CEs) used in railroad transportation
projects since 2005. FRA is soliciting public comment on the review of
the CE survey, two new categories of activities that may be appropriate
for categorical exclusion, and any other new categories of activities
for FRA consideration as CEs.
DATES: FRA must receive written comments on or before July 5, 2016. FRA
will consider comments it receives after this date to the extent
practicable.
ADDRESSES: Comments: Persons may submit comments related to Docket FRA-
2016-0053 by any of the following methods:
Online: Comments should be filed at the Federal
eRulemaking Portal, https://www.regulations.gov. 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 20590-0001
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 https://www.regulations.gov,
including any personal information provided.
Docket: To access the docket or read background documents or
comments received, go to https://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 Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Johnsen, Environmental and
[[Page 35438]]
Corridor Planning Division, Office of Program Delivery, Federal
Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC
20590-0001 or by telephone at (202) 493-1310, or Mr. Chris Van
Nostrand, Attorney-Advisor, Office of Chief Counsel, Federal Railroad
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001
or by telephone at (202) 493-6058.
SUPPLEMENTARY INFORMATION:
I. Background
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, among other things, to:
(1) Survey FRA CE use in transportation projects since 2005; and (2)
publish in the Federal Register for notice and public comment a review
of the survey that includes a description of the types of actions
categorically excluded and any actions the Secretary is considering for
new CEs, including those that would conform to CEs other DOT modal
administrations use. CEs are actions FRA has determined do not
individually or cumulatively have significant effects on the human
environment and, thus, do not require it to prepare an Environmental
Assessment or Environmental Impact Statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). See 40 CFR
1508.4.
FRA's Procedures for Considering Environmental Impacts (FRA
Environmental Procedures), 64 FR 28545, May 26, 1999, include a list of
20 CEs. In 2013, FRA updated the FRA Environmental Procedures by adding
seven new CEs. 78 FR 2713, Jan. 14, 2013.
II. Review of Survey of Categorical Exclusions Used by FRA Since 2005
To comply with the FAST Act section 11503 requirement to survey
FRA's use of CEs for transportation projects since 2005, FRA focused
its survey on projects funded by FRA-administered financial assistance
programs, such as the High-Speed Intercity Passenger Rail and
Transportation Investment Generating Economic Recovery grant programs,
the Rail Line Relocation and Improvement program, and the Railroad
Rehabilitation and Improvement Financing loan/loan guarantee program.
As a result, not all FRA CEs used since 2005 are included in the
survey. For example, FRA did not survey FRA's use of CEs for
rulemakings.
Table 1 is a review of FRA's survey organized by the frequency of
FRA's use of each CE.\1\ In general, the survey shows the most
frequently applied CEs are for the maintenance or construction of
railroad infrastructure, such as maintenance activities for existing
railroad infrastructure and equipment; minor rail line additions; and
bridge rehabilitation, reconstruction, and replacement. Some CEs shown
in Table 1 as Category 2 or 3 also cover maintenance or construction
activities, but were recently added in 2013 and thus, have a smaller
overall sample size. FRA will use the survey and public comments on
this notice to develop proposals for new CEs or modify existing CEs.
---------------------------------------------------------------------------
\1\ The number preceding the text of the CE corresponds to the
number of the CE in the FRA Environmental Procedures.
Table 1--Results of FRA CE Survey: January, 2005-March, 2016
------------------------------------------------------------------------
-------------------------------------------------------------------------
Category 1: Most Frequently Used
------------------------------------------------------------------------
(11) Maintenance of: Existing railroad equipment; track and bridge
structures; electrification, communication, signaling, or security
facilities; stations; maintenance-of-way and maintenance-of-equipment
bases; and other existing railroad-related facilities. For purposes of
this exemption ``maintenance'' means work, normally provided on a
periodic basis, which does not change the existing character of the
facility, and may include work characterized by other terms under
specific FRA programs.
(16) Minor rail line additions including construction of side tracks,
passing tracks, crossovers, short connections between existing rail
lines, and new tracks within existing rail yards provided that such
additions are not inconsistent with existing zoning, do not involve
acquisition of a significant amount of right of way, and do not
significantly alter the traffic density characteristics of the existing
rail lines or rail facilities.
(26) Assembly or construction of facilities or stations that are
consistent with existing land use and zoning requirements, do not
result in a major change in traffic density on existing rail or highway
facilities and result in approximately less than ten acres of surface
disturbance, such as storage and maintenance facilities, freight or
passenger loading and unloading facilities or stations, parking
facilities, passenger platforms, canopies, shelters, pedestrian
overpasses or underpasses, paving, or landscaping.
(22) Bridge rehabilitation, reconstruction or replacement, the
rehabilitation or maintenance of the rail elements of docks or piers
for the purposes of intermodal transfers, and the construction of
bridges, culverts, or grade separation projects, predominantly within
existing right-of-way, that do not involve extensive in-water
construction activities, such as projects replacing bridge components
including stringers, caps, piles, or decks, the construction of roadway
overpasses to replace at-grade crossings, construction or
reconstruction of approaches and/or embankments to bridges, or
construction or replacement of short span bridges.
(27) Track and track structure maintenance and improvements when carried
out predominantly within the existing right-of-way that do not cause a
substantial increase in rail traffic beyond existing or historic
levels, such as stabilizing embankments, installing or reinstalling
track, re-grading, replacing rail, ties, slabs and ballast, installing,
maintaining, or restoring drainage ditches, cleaning ballast,
constructing minor curve realignments, improving or replacing
interlockings, and the installation or maintenance of ancillary
equipment.
------------------------------------------------------------------------
Category 2: Less Frequently Used
------------------------------------------------------------------------
(19) Improvements to existing facilities to service, inspect, or
maintain rail passenger equipment, including expansion of existing
buildings, the construction of new buildings and outdoor facilities,
and the reconfiguration of yard tracks.
(23) Acquisition (including purchase or lease), rehabilitation, or
maintenance of vehicles or equipment that does not cause a substantial
increase in the use of infrastructure within the existing right-of-way
or other previously disturbed locations, including locomotives,
passenger coaches, freight cars, trainsets, and construction,
maintenance or inspection equipment.
------------------------------------------------------------------------
[[Page 35439]]
Category 3: Infrequently Used
------------------------------------------------------------------------
(17) Acquisition of existing railroad equipment, track and bridge
structures, electrification, communication, signaling or security
facilities, stations, maintenance of way and maintenance of equipment
bases, and other existing railroad facilities or the right to use such
facilities, for the purpose of conducting operations of a nature and at
a level of use similar to those presently or previously existing on the
subject properties.
(18) Research, development and/or demonstration of advances in signal,
communication and/or train control systems on existing rail lines
provided that such as research, development and/or demonstrations do
not require the acquisition of a significant amount of right-of-way,
and do not significantly alter the traffic density characteristics of
the existing rail line.
(19) Improvements to existing facilities to service, inspect, or
maintain rail passenger equipment, including expansion of existing
buildings, the construction of new buildings and outdoor facilities,
and the reconfiguration of yard tracks.
(24) Installation, repair and replacement of equipment and small
structures designed to promote transportation safety, security,
accessibility, communication or operational efficiency that take place
predominantly within the existing right-of-way and do not result in a
major change in traffic density on the existing rail line or facility,
such as the installation, repair or replacement of surface treatments
or pavement markings, small passenger shelters, passenger amenities,
benches, signage, sidewalks or trails, equipment enclosures, and
fencing, railroad warning devices, train control systems,
signalization, electric traction equipment and structures, electronics,
photonics, and communications systems and equipment, equipment mounts,
towers and structures, information processing equipment, and security
equipment, including surveillance and detection cameras.
(12) Temporary replacement of an essential rail facility if repairs are
commenced immediately after the occurrence of a natural disaster or
catastrophic failure.
(25) Environmental restoration, remediation and pollution prevention
activities in or proximate to existing and former railroad track,
infrastructure, stations and facilities conducted in conformance with
applicable laws, regulations and permit requirements, including
activities such as noise mitigation, landscaping, natural resource
management activities, replacement or improvement to storm water oil/
water separators, installation of pollution containment systems, slope
stabilization, and contaminated soil removal or remediation activities.
(21) Alterations to existing facilities, locomotives, stations and rail
cars in order to make them accessible for the elderly and persons with
disabilities, such as modifying doorways, adding or modifying lifts,
constructing access ramps and railings, modifying restrooms, and
constructing accessible platforms.
(15) Financial assistance for the construction of minor loading and
unloading facilities, provided that projects included in this category
are consistent with local zoning, do not involve the acquisition of a
significant amount of land, and do not significantly alter the traffic
density characteristics of existing rail or highway facilities.
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III. New Categorical Exclusions FRA Is Considering
Since updating its CE list in 2013, FRA has identified the
following two classes of actions that may be appropriate for
categorical exclusion:
Localized geotechnical and other investigations to provide
information for preliminary design and for environmental analyses and
permitting purposes; and
Refinancing assistance where the project sponsor has
already completed project-related construction activities.
FRA seeks input from interested parties, stakeholders, and the
public on additional categories of activities appropriate for a CE that
FRA should consider. FRA also seeks comment on the two CEs listed
above.
Issued in Washington, DC, on May 26, 2016.
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016-12884 Filed 6-1-16; 8:45 am]
BILLING CODE 4910-06-P