[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Page 75446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29527]
[[Page 75446]]
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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Notice of Availability of Draft Guidance on the Application of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.
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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availability of draft guidance on the application of a new provision of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 The draft guidance defines the form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comments on this draft guidance, which is available in the docket and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
[email protected]; or Ms. Dana Nifosi, Office of Chief
Counsel, (202) 366-4011, or email to [email protected]. 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]
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