Application From the State of California To Participate in the Surface Transportation Project Delivery Program for Certain Railroad Projects, 19395-19396 [2018-09290]

Download as PDF Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices requirements in 23 CFR part 635 that may not apply to ID/IQs (for example, standard change conditions clauses in 23 CFR 635.109 and self-performance requirements in 23 CFR 635.113), but FHWA will encourage contracting agencies to use similar requirements consistent with State or local government policy. This contracting technique will continue to be experimental under FHWA’s SEP–14 authority because FHWA’s regulations and procedures do not accommodate this type of contracting technique; however, contracting agencies will not need to submit individual SEP–14 requests and work plans for low-cost contracts under these conditions. The FHWA would expect contracting agencies to continue to request specific SEP–14 approval for best value awards, multiple-award ID/IQ contracts and JOCs, and contracts that exceed the low-cost threshold or are not otherwise within the limitations of this notice. The FHWA will request its division offices to report annually on different metrics to assess the contracting technique’s impact on competition. The FHWA seeks public comments on this approach. 2. Step Two: Rulemaking Initiation Under the second phase, FHWA intends to initiate rulemaking to address the construction and approval regulations that need amendments in order to allow the contracting technique on a permanent basis. This rulemaking would be published in the Federal Register and provide an opportunity for the public to comment on the use of ID/ IQ contracts or JOC for construction in the FAHP. Authority: 23 U.S.C. 112 and 502; 23 CFR 635. Issued on: April 25, 2018. Brandye L. Hendrickson, Acting Administrator, Federal Highway Administration. [FR Doc. 2018–09276 Filed 5–1–18; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration daltland on DSKBBV9HB2PROD with NOTICES [Docket No. FRA–2018–0014] Application From the State of California To Participate in the Surface Transportation Project Delivery Program for Certain Railroad Projects Federal Railroad Administration (FRA), U.S. Department of Transportation (USDOT). AGENCY: VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 Notice of receipt of application and request for comments. ACTION: 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 https://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 https:// 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: stephanie.perez@dot.gov. SUMMARY: PO 00000 Frm 00185 Fmt 4703 Sfmt 4703 19395 SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this notice may be downloaded from the Federal Register’s home page at https:// 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 https:// 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. 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 HighSpeed 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 1 The Secretary may not assign its responsibility for making any conformity determination required under section 176 of the Clean Air Act. 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, 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 daltland on DSKBBV9HB2PROD with NOTICES 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-toGovernment consultation with Indian tribes • Archeological Resources Protection Act, 16 U.S.C. 470aa–479mm VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 • 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 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: https://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] Parklands and Other Special Land Uses BILLING CODE 4910–06–P • 49 U.S.C. 303 (Section 4(f)) • Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302– 200310 DEPARTMENT OF TRANSPORTATION Executive Orders [Docket No. MARAD–2018–0065] • 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 PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 Maritime Administration Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHAINED UP; Invitation for Public Comments Maritime Administration, DOT. Notice. AGENCY: ACTION: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before June 1, 2018. ADDRESSES: Comments should refer to docket number MARAD–2018–0065. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, SUMMARY: E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19395-19396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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

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 https://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 https://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 https://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 https://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.
---------------------------------------------------------------------------

    \1\ The Secretary may not assign its responsibility for making 
any conformity determination required under section 176 of the Clean 
Air Act.
---------------------------------------------------------------------------

    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: https://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
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