Notice of Availability of a Final General Conformity Determination for the California High-Speed Rail System, Palmdale to Burbank Project Section, 48952-48953 [2024-12646]
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lotter on DSK11XQN23PROD with NOTICES1
48952
Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
Comments: Comments may be
submitted by going to https://
www.regulations.gov and following the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and the
applicable docket number. The relevant
PTC docket number for this host
railroad is Docket No. FRA–2010–0030.
For convenience, all active PTC dockets
are hyperlinked on FRA’s website at
https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All
comments received will be posted
without change to https://
www.regulations.gov; this includes any
personal information.
FOR FURTHER INFORMATION CONTACT:
Gabe Neal, Staff Director, Signal, Train
Control, and Crossings Division,
telephone: 816–516–7168, email:
Gabe.Neal@dot.gov.
SUPPLEMENTARY INFORMATION: In general,
title 49 United States Code (U.S.C.)
section 20157(h) requires FRA to certify
that a host railroad’s PTC system
complies with title 49 Code of Federal
Regulations (CFR) part 236, subpart I,
before the technology may be operated
in revenue service. Before making
certain changes to an FRA-certified PTC
system or the associated FRA-approved
PTCSP, a host railroad must submit, and
obtain FRA’s approval of, an RFA to its
PTCSP under 49 CFR 236.1021.
Under 49 CFR 236.1021(e), FRA’s
regulations provide that FRA will
publish a notice in the Federal Register
and invite public comment in
accordance with 49 CFR part 211, if an
RFA includes a request for approval of
a material modification of a signal or
train control system. Accordingly, this
notice informs the public that, on May
30, 2024, MBTA submitted an RFA to its
PTCSP for its Advanced Civil Speed
Enforcement System II (ACSES II),
which seeks FRA’s approval to update
its PTC OBC to Software Version 11.6 to
address known functional errors in the
OBC software. That RFA is available in
Docket No. FRA–2010–0030.
Interested parties are invited to
comment on MBTA’s RFA to its PTCSP
by submitting written comments or data.
During FRA’s review of MBTA’s RFA,
FRA will consider any comments or
data submitted within the timeline
specified in this notice and to the extent
practicable, without delaying
implementation of valuable or necessary
modifications to a PTC system. See 49
CFR 236.1021; see also 49 CFR
236.1011(e). Under 49 CFR 236.1021,
FRA maintains the authority to approve,
approve with conditions, or deny a
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railroad’s RFA to its PTCSP at FRA’s
sole discretion.
Privacy Act Notice
In accordance with 49 CFR 211.3,
FRA solicits comments from the public
to better inform its decisions. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to https://
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov. To facilitate comment
tracking, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. If you
wish to provide comments containing
proprietary or confidential information,
please contact FRA for alternate
submission instructions.
Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and
Technology.
[FR Doc. 2024–12587 Filed 6–7–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2024–0045]
Notice of Availability of a Final General
Conformity Determination for the
California High-Speed Rail System,
Palmdale to Burbank Project Section
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice.
AGENCY:
FRA is issuing this notice to
advise the public that it is making a
Final General Conformity Determination
for the Palmdale to Burbank Project
Section of the California High-Speed
Rail (HSR) System.
FOR FURTHER INFORMATION CONTACT:
Lana Lau, Supervisory Environmental
Protection Specialist, Environmental
Policy, Office of Environmental Program
Management, telephone: (202) 923–
5314, email: Lana.Lau@dot.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to 23 U.S.C. 327 (section 327), the
California High-Speed Rail Authority
(CHSRA or Authority) has assumed
FRA’s environmental review
responsibilities under the National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). However, under
SUMMARY:
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section 327, FRA remains responsible
for compliance with the Clean Air Act
General Conformity requirements. In
compliance with NEPA and the
California Environmental Quality Act
(CEQA), the Authority published a Final
Environmental Impact Record/Final
Environmental Impact Statement (EIR/
EIS) for the Palmdale to Burbank Project
Section of the California High-Speed
Rail (HSR) System on May 24, 2024.
FRA prepared a Draft General
Conformity Determination, pursuant to
40 CFR part 93, subpart B, which
establishes the process for complying
with the General Conformity
requirements of the Clean Air Act. FRA
published a notice in the Federal
Register on April 2, 2024 at 89 FR
22766, advising the public of the
availability of the Draft Conformity
Determination for a 30-day review and
comment period. The Draft Conformity
Determination was published at https://
www.regulations.gov, Docket No. FRA–
2024–0045. The comment period of the
Draft Conformity Determination closed
on May 2, 2024. FRA received one nonsubstantive comment on the Draft
General Conformity Determination that
was not germane to FRA’s air quality
analysis or determination.
FRA prepared the Final General
Conformity Determination pursuant to
40 CFR part 93 subpart B and based on
the Authority’s coordination with the
U.S. Environmental Protection Agency
(USEPA) and South Coast Air Quality
Management District (SCAQMD). The
Authority has also consulted with the
USEPA on the overall approach to
General Conformity. FRA’s analysis of
the Project’s potential emissions,
completed in close collaboration with
CHSRA, found that construction period
emissions would exceed the General
Conformity de minimis threshold for
nitrogen oxides (NOX) and carbon
monoxide (CO) in certain calendar
years. However, operation of the Project
would result in an overall reduction of
regional emissions of all applicable air
pollutants and would not cause a
localized exceedance of an air quality
standard (during operations). Consistent
with the General Conformity Rule, the
Authority will ensure all remaining
emissions that exceed de minimis
thresholds, after implementation of
impact avoidance and minimization
features and onsite mitigation measures
will be completely mitigated to zero
through agreements with the applicable
air districts. In addition, FRA concluded
the Project would conform to the
approved state implementation plan
(SIP), based on localized CO modeling
that shows that construction emissions
exceeding the CO de minimis thresholds
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Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices
will not result in a violation of the
National Ambient Air Quality
Standards. Based on this commitment
and the localized CO modeling, FRA
determined the Project will conform to
the requirements in the approved SIP.
The Final General Conformity
Determination is available at https://
www.regulations.gov, Docket No. FRA–
2024–0045, and FRA’s website at
https://railroads.dot.gov/environment/
environmental-reviews/clean-air-actcalifornia-general-conformitydeterminations.
Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program
Management.
[FR Doc. 2024–12646 Filed 6–7–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Public Transportation on Indian
Reservations Program; Tribal Transit
Program; Response to Comments
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Responses to the request for
comments and in-person and virtual
consultations.
AGENCY:
This notice summarizes and
responds to comments the Federal
Transit Administration (FTA) received
in response to an August 15, 2023,
Federal Register notice, a September 25,
2023, in-person consultation session,
and a November 2, 2023, virtual
consultation session regarding how the
FTA Tribal Transit competitive program
and technical assistance should be
provided to Tribes.
DATES: Applicable date: June 10, 2024.
FOR FURTHER INFORMATION CONTACT: Elan
Flippin-Jones, Office of Program
Management, (202) 366–3800 or email
TribalTransit@dot.gov. A TDD is
available at 1–800–877–8339 (TDD/
FIRS).
SUMMARY:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Table of Contents
A. Program Overview
B. Outreach and Consultation Schedule in
2023
C. Changes to the Tribal Transit Competitive
Program: Comments and Responses
D. Tribal Transit Technical Assistance
Improvements
A. Program Overview
Federal public transportation law (49
U.S.C. 5338(a)(2)(F) and 49 U.S.C.
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5311(j)), as amended by the
Infrastructure Investment and Jobs Act
(Pub. L. 117–58, the Bipartisan
Infrastructure Law or BIL), authorizes
the Public Transportation on Indian
Reservations Program (the Tribal Transit
Program or TTP) for Fiscal Years (FY)
2022–2026. The TTP is funded as a
takedown from the FTA’s Formula
Grants for Rural Areas Program under
49 U.S.C. 5311. Eligible direct recipients
are federally recognized American
Indian Tribes and Alaskan Native
Villages, groups and communities
providing public transportation in rural
areas, as identified by the U.S.
Department of the Interior (DOI) Bureau
of Indian Affairs (BIA) and published in
the Federal Register (89 FR 944). The
TTP funds are allocated for grants to
eligible recipients for any purpose
eligible under 49 U.S.C. 5311 including
capital, operating, and planning
projects. The TTP includes a formula
component and a competitive
component. BIL authorizes a total of
$229 million over five years, of which
$183.3 million is for the TTP formula
program, and $45.8 million for the TTP
competitive grant program.
Based on the published solicitation of
comments, and in-person and virtual
consultations referenced in this notice,
FTA is announcing certain policy
changes to the TTP competitive program
that may significantly affect Tribes.
Pursuant to USDOT Order 5301.1A
Department of Transportation Tribal
Consultation Policy and Procedures,
(https://www.transportation.gov/
mission/department-transportationtribal-consultation-policy-andprocedures) FTA, as an operating
administration (OA) of the United States
Department of Transportation (USDOT),
is committed to fostering and facilitating
positive government-to-government
consultations with federally recognized
Indian Tribes before implementing any
changes to FTA policies, programs, or
services that may have Tribal
implications.
This notice is consistent with the
policies and directives of Executive
Order (E.O.) 13175, Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249). The
Federal Government’s commitment to
implement E.O. 13175 is reaffirmed in
the Biden Administration’s January 26,
2021, Presidential Memo on Tribal
Consultation and Strengthening Nationto-Nation Relationships (https://
www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/26/
memorandum-on-tribal-consultationand-strengthening-nation-to-nationrelationships/) and the November 30,
2022, Presidential Memo on Uniform
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48953
Standards for Tribal Consultation
(https://www.whitehouse.gov/briefingroom/presidential-actions/2022/11/30/
memorandum-on-uniform-standardsfor-tribal-consultation/).
The TTP has been administered under
the results of the previous consultation
for over a decade. During this time
frame, funding and the number of Tribes
participating in the TTP has increased,
and Tribes have dealt with unforeseen
circumstances related to the COVID–19
pandemic, supply chain disruptions,
and increases in the cost of goods and
services. For example, with the
authorization of BIL, the funding
amount made available under the TTP
competitive program increased by 83
percent over levels authorized under the
Fixing America’s Surface Transportation
(FAST) Act. Furthermore, since FY
2013, the number of Tribes receiving
funding under the TTP formula program
has grown from 110 Tribes to 132 Tribes
in FY 2024. Therefore, in light of these
changing circumstances, FTA consulted
with Tribal recipients to ensure the TTP
policies are being administered in
effective and beneficial ways.
B. Outreach and Consultation Activities
in 2023
1. Outreach and Meetings
An in-person consultation was held in
conjunction with the National
Transportation in Indian Country
Conference (NTICC) in Anchorage,
Alaska on September 25, 2023.
Additionally, a virtual consultation
was on held on November 2, 2023.
Tribes that are eligible recipients of
FTA’s TTP were encouraged to attend
one or both of these meetings.
Comments made at these meetings
informed FTA’s decision-making.
2. Consultation Activities in 2023
• In-Person listening session at the
Department of Transportation Tribal
Transit Symposium held in Oklahoma
City: May 24–25, 2023.
• Publication of a Federal Register
notice with proposed program changes
to the TTP competitive program: August
15, 2023 at 88 FR 55498.
• In-person consultation meeting at
the NTICC: September 25, 2023.
• Virtual outreach meeting:
November 2, 2023.
C. Changes to the Competitive Program:
Comments and Responses
A total of $45,812,610 is authorized
for FY 2022–2026 for the TTP
competitive grant program. Funds may
be awarded to federally recognized
Indian Tribes for any purpose
authorized by 49 U.S.C. 5311. The
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]]>Agencies
[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48952-48953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12646]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2024-0045]
Notice of Availability of a Final General Conformity
Determination for the California High-Speed Rail System, Palmdale to
Burbank Project Section
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: FRA is issuing this notice to advise the public that it is
making a Final General Conformity Determination for the Palmdale to
Burbank Project Section of the California High-Speed Rail (HSR) System.
FOR FURTHER INFORMATION CONTACT: Lana Lau, Supervisory Environmental
Protection Specialist, Environmental Policy, Office of Environmental
Program Management, telephone: (202) 923-5314, email: [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to 23 U.S.C. 327 (section 327), the
California High-Speed Rail Authority (CHSRA or Authority) has assumed
FRA's environmental review responsibilities under the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). However, under
section 327, FRA remains responsible for compliance with the Clean Air
Act General Conformity requirements. In compliance with NEPA and the
California Environmental Quality Act (CEQA), the Authority published a
Final Environmental Impact Record/Final Environmental Impact Statement
(EIR/EIS) for the Palmdale to Burbank Project Section of the California
High-Speed Rail (HSR) System on May 24, 2024.
FRA prepared a Draft General Conformity Determination, pursuant to
40 CFR part 93, subpart B, which establishes the process for complying
with the General Conformity requirements of the Clean Air Act. FRA
published a notice in the Federal Register on April 2, 2024 at 89 FR
22766, advising the public of the availability of the Draft Conformity
Determination for a 30-day review and comment period. The Draft
Conformity Determination was published at https://www.regulations.gov,
Docket No. FRA-2024-0045. The comment period of the Draft Conformity
Determination closed on May 2, 2024. FRA received one non-substantive
comment on the Draft General Conformity Determination that was not
germane to FRA's air quality analysis or determination.
FRA prepared the Final General Conformity Determination pursuant to
40 CFR part 93 subpart B and based on the Authority's coordination with
the U.S. Environmental Protection Agency (USEPA) and South Coast Air
Quality Management District (SCAQMD). The Authority has also consulted
with the USEPA on the overall approach to General Conformity. FRA's
analysis of the Project's potential emissions, completed in close
collaboration with CHSRA, found that construction period emissions
would exceed the General Conformity de minimis threshold for nitrogen
oxides (NOX) and carbon monoxide (CO) in certain calendar
years. However, operation of the Project would result in an overall
reduction of regional emissions of all applicable air pollutants and
would not cause a localized exceedance of an air quality standard
(during operations). Consistent with the General Conformity Rule, the
Authority will ensure all remaining emissions that exceed de minimis
thresholds, after implementation of impact avoidance and minimization
features and onsite mitigation measures will be completely mitigated to
zero through agreements with the applicable air districts. In addition,
FRA concluded the Project would conform to the approved state
implementation plan (SIP), based on localized CO modeling that shows
that construction emissions exceeding the CO de minimis thresholds
[[Page 48953]]
will not result in a violation of the National Ambient Air Quality
Standards. Based on this commitment and the localized CO modeling, FRA
determined the Project will conform to the requirements in the approved
SIP.
The Final General Conformity Determination is available at https://www.regulations.gov, Docket No. FRA-2024-0045, and FRA's website at
https://railroads.dot.gov/environment/environmental-reviews/clean-air-act-california-general-conformity-determinations.
Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program Management.
[FR Doc. 2024-12646 Filed 6-7-24; 8:45 am]
BILLING CODE 4910-06-P
