Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices 411 

Authority (KABATA), 550 West 7th 

Avenue, Suite 1850, Anchorage, Alaska 

99501; office hours 8 a.m. to 5 p.m. 

(AST), phone (907) 269–6698; e-mail 

andrew.niemic@alaska.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA has taken 

final agency actions subject to 23 U.S.C. 

139(l)(1) by issuing approvals for the 

following highway project in the State 

of Alaska: Project Number ACSTP– 

0001(277)/56047; Project Location: The 

KAC Project (Northern Access-Erickson 

Alternative with the Southern 

Alignment). The project is planned to be 

constructed in two phases. Phase 1 

construction is a two lane facility with 

a minimum 8,200-foot bridge length 

which begins at the intersection of Point 

MacKenzie Road and Burma Road in the 

Mat-Su, and follows Point MacKenzie 

Road southward approximately 9.5 

miles to the Port MacKenzie District 

boundary. It then diverges east on a new 

alignment and loops north of Lake 

Lorraine before making a broad turn 

southward to the western bluff of Knik 

Arm. The crossing of the Knik Arm 

follows the Southern Alignment to east 

side, south along the bluffs, then follows 

the boundaries of Elmendorf Air Force 

Base and the Port of Anchorage. The 

initial connection to downtown 

Anchorage will go under Government 

Hill using the Erickson Street alternative 

with a cut and cover tunnel and 

connections to A and C Streets. When 

traffic warrants Phase 2 will be 

constructed, which includes widening 

the roadway to four lanes and 

constructing a connection across Ship 

Creek to Ingra and Gambell Streets. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the Final 

Environmental Impact Statement (FEIS)/ 

Final Section 4(f) Evaluation for the 

project, approved on December 22, 

2007, in the FHWA Record of Decision 

(ROD) issued on December 15, 2010, 

and in other documents in the FHWA or 

KABATA project files. The FEIS, ROD, 

and other project records are available 

by contacting the FHWA or KABATA at 

the addresses provided above. The 

FHWA FEIS and ROD can be viewed 

and downloaded from the project Web 

site at http://www.knikarmbridge.com or 

viewed at the addresses provided above. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109 and 23 U.S.C. 128]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Marine Mammal Protection Act 

[16 U.S.C. 1361]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–470(ii)]; Archeological 

and Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Clean Water Act (Section 404, Section 

401, Section 319) [33 U.S.C. 1251– 

1377]; Land and Water Conservation 

Fund (LWCF) [16 U.S.C. 4601–4604]; 

Safe Drinking Water Act (SDWA) [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [33 U.S.C. 401– 

406]; Wild and Scenic Rivers Act [16 

U.S.C. 1271–1287]; Emergency 

Wetlands Resources Act [16 U.S.C. 

3921, 3931]; Wetlands Mitigation [23 

U.S.C. 103(b)(6)(M) and 133(b)(11)]; 

Flood Disaster Protection Act, 42 U.S.C. 

4001–4128. 

8. 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. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: December 16, 2010. 

Sandra Garcia-Aline, 

Assistant Division Administrator, Juneau, 

Alaska. 

[FR Doc. 2010–33085 Filed 1–3–11; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Regulatory Guidance Concerning 

Electronic Signatures and Documents 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of regulatory guidance. 

SUMMARY: FMCSA issues regulatory 

guidance concerning the use of 

electronic signatures and documents to 

comply with FMCSA regulations. This 

guidance provides the motor carrier 

industry, Federal, State, and local motor 

carrier enforcement officials, and other 

interested parties with uniform 

information regarding FMCSA’s 

acceptance of electronic signature on 

documents required by the Federal 

Motor Carrier Safety Regulations. All 

prior Agency interpretations and 

regulatory guidance, including 

memoranda and letters, may no longer 

be relied upon to the extent they are 

inconsistent with this guidance. 

DATES: Effective Date: This regulatory 

guidance is effective January 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve D. Sapir, Office of the Chief 

Counsel, Federal Motor Carrier Safety 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590–0001, (202) 

366–7056; e-mail: 

Genevieve.Sapir@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The Motor Carrier Safety Act of 1984 

(Pub. L. 98–554, Title II, 98 Stat. 2832, 

October 30, 1984) (the 1984 Act) 

provides authority to the Secretary of 

Transportation to regulate certain 

commercial drivers, motor carriers, and 

vehicle equipment. Section 211 of the 

1984 Act also grants the Secretary broad 

power to ‘‘prescribe recordkeeping and 

reporting requirements’’ and to ‘‘perform 

other acts the Secretary considers 

appropriate’’ in carrying out motor 

carrier safety statutes and regulations 

(49 U.S.C. 31133(a)(8) and (10)). The 

Administrator of FMCSA has been 

delegated authority under 49 CFR 

1.73(g) to carry out the functions vested 

in the Secretary by 49 U.S.C. chapter 

311, subchapters I and III, relating to 


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commercial motor vehicle programs and 

safety regulation. 

Two Federal statutes govern the 

Agency’s implementation of electronic 

document and signature requirements. 

The Government Paperwork Elimination 

Act (GPEA) (Title XVII (Sec. 1701–1710) 

of Public Law 105–277, 112 Stat. 2681– 

749, 44 U.S.C. 3504 note) was signed 

into law on October 21, 1998, to 

improve customer service and 

governmental efficiency through the use 

of information technology. The 

Electronic Signatures in Global and 

National Commerce Act (E-SIGN) (Pub. 

L. 106–229, 114 Stat. 464, 15 U.S.C. 

7001–7031) was signed into law on June 

30, 2000. E-SIGN was designed to 

promote the use of electronic contract 

formation, signatures and recordkeeping 

in private commerce by establishing 

legal equivalence between traditional 

paper-based methods and electronic 

methods. 

The GPEA defines an electronic 

signature as a method of signing an 

electronic communication that: (a) 

Identifies and authenticates a particular 

person as the source of the electronic 

communication; and (b) indicates such 

person’s approval of the information 

contained in the electronic 

communication (Section 1710(1)). It also 

requires Federal agencies to provide 

individuals or entities the options of: (a) 

Submitting information or transacting 

with the agency electronically; and (b) 

using electronic records retention when 

practicable. The GPEA states that 

electronic records and their related 

electronic signatures shall not be denied 

legal effect, validity or enforceability 

merely because they are in electronic 

form. It also encourages agencies to use 

electronic signature alternatives 

(Sections 1704, 1707). 

For any transaction in or affecting 

interstate or foreign commerce, E-SIGN 

supersedes all pre-existing requirements 

that paper records be kept so long as: (a) 

Such records are generated in 

commercial, consumer and business 

transactions between private parties; 

and (b) those parties consent to using 

electronic methods. Specifically, the 

statute establishes the legal equivalence 

for the following types of documents, 

whether in traditional paper or 

electronic form: (a) Contracts, (b) 

signatures, and (c) other legally-required 

documents (15 U.S.C. 7001(a)(1)). 

Purpose and Effect of This Guidance 

FMCSA received a number of requests 

from motor carriers and other interested 

parties asking permission to use 

electronic signatures in lieu of 

handwritten signatures on paper. This 

document provides regulatory guidance 

concerning the use of electronic 

signatures and documents to comply 

with FMCSA regulations. All prior 

Agency interpretations and regulatory 

guidance, as well as memoranda and 

letters, may no longer be relied upon as 

authoritative to the extent they are 

inconsistent with this guidance. 

For purposes of complying with any 

provision in Chapter III of Subtitle B of 

Title 49, Code of Federal Regulations 

(49 CFR parts 300–399) that requires a 

document to be created, signed, certified 

or retained by any person or entity, that 

person or entity may, but is not required 

to, use electronic methods. Any 

electronic document or signature is 

considered the legal equivalent of a 

paper document or signature if it is the 

functional equivalent with respect to 

integrity, accuracy and accessibility. 

The substance of the document must 

otherwise comply with applicable 

Federal laws and Agency rules. 

Anyone may use electronic methods 

so long as the electronic documents or 

signatures accurately reflect the 

information in the record and remain 

accessible in a form that can be 

accurately viewed and/or reproduced 

according to Agency rules. Electronic 

documents will not be considered the 

legal equivalent of traditional paper 

documents if they are not capable of 

being retained and accurately 

reproduced for reference by any 

individual or entity entitled to access by 

law for the period of time required by 

the Agency’s recordkeeping 

requirements. For example, if an entity 

is required to produce documents on 

demand, those documents may be 

stored electronically, so long as that 

entity can produce them in accordance 

with the Agency’s substantive 

requirements (e.g., immediately and 

without risk of losing or altering data). 

Today’s guidance establishes parity 

between paper and electronic records 

and signatures, greatly expanding 

interested parties’ ability to use 

electronic methods. FMCSA previously 

interpreted 49 CFR 390.31 to permit the 

electronic storage of records so long as 

they could be produced within two 

working days of a request (62 FR 16370). 

FMCSA rescinds that interpretation and 

motor carriers should no longer rely on 

that guidance. As stated above, all 

records, whether electronic or paper, 

must be produced within the time frame 

established by Agency regulations. This 

means that if Agency rules require that 

a document be produced to the Agency 

within 48 hours, you must be able to 

provide the Agency with an accurate 

copy of your electronic record within 48 

hours. Similarly, if Agency rules require 

that a document be produced upon 

demand, you must be able to provide 

the Agency with an accurate copy of 

your electronic record upon demand. 

This guidance applies to documents 

required by FMCSA regulations to be 

generated and maintained or exchanged 

by private parties, regardless of whether 

the Agency subsequently requires them 

to be produced or displayed at the 

request of an FMCSA official or other 

parties entitled to access. This guidance 

does not apply to documents that 

individuals or entities are required to 

file directly with the Agency. The 

Agency, however, has already 

established electronic filing methods for 

certain documents. Interested parties 

can find out about available filing 

methods by consulting specific program 

information on FMCSA’s Web site 

(http://www.fmcsa.dot.gov). 

Regulatory Guidance 

Part 390—Federal Motor Carrier Safety 

Regulations; General 

Sections Interpreted: Section 390.31, 

Copies of records or documents 

Rescind existing Questions 1 and 2 

(62 FR 16370), retain existing Questions 

3 and 4 (http://www.fmcsa.dot.gov/ 

rules-regulations/administration/fmcsr/ 

fmcsrruletext.

aspx?reg=390.31&guidance=Y), and add 

new Questions 1 and 2 and 5 through 

13 as follows: 

Question 1: May motor carriers use 

electronic methods to store records or 

documents to satisfy a document 

retention requirement in Chapter III of 

Subtitle B of Title 49, Code of Federal 

Regulations (49 CFR parts 300–399)? 

Guidance: Yes. Anyone may, but is 

not required to, use electronic methods 

to create and store records or documents 

to satisfy document retention 

requirements in Chapter III of Subtitle B 

of Title 49, Code of Federal Regulations 

(49 parts CFR 300–399). This guidance 

applies only to documents required to 

be generated and maintained or 

exchanged by private parties, regardless 

of whether FMCSA subsequently 

requires them to be produced or 

displayed to FMCSA staff or other 

parties entitled to access. This guidance 

does not apply to documents filed 

directly with FMCSA. The Agency, 

however, has already established 

electronic filing methods for certain 

documents. Interested parties can find 

out about available filing methods by 

consulting specific program information 

on FMCSA’s Web site (http:// 

www.fmcsa.dot.gov). 

Question 2: How much time does a 

motor carrier have to produce records if 

the motor carrier maintains all records 

in an electronic format? 


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Guidance: A motor carrier must 

produce records within the time frame 

FMCSA’s regulations require, regardless 

of whether the motor carrier maintains 

its records in an electronic or paper 

format. For example, if Agency rules 

require that a document be produced 

upon demand, you must be able to 

provide the Agency with an accurate 

copy of your electronic record upon 

demand. Similarly, if you are a motor 

carrier with multiple offices and are 

allowed 48 hours to produce a 

document in accordance with 49 CFR 

390.29, you must be able to provide the 

Agency with an accurate copy of your 

electronic record within 48 hours. 

Question 3: Using record scanning 

technology, these requirements can be 

fulfilled. Is my understanding of 

§ 390.31(c) correct that once qualifying 

documents have been suitably scanned, 

original paper documents may be 

destroyed? 

Guidance: Yes, scanned records, 

which include a verifiable signature, 

would fulfill the requirements of 

§ 390.31 and the original paper 

documents may be destroyed as stated 

in § 390.31(c). 

Question 4: If my understanding of 

§ 390.31 and its associated 

interpretations is correct, will this 

negate the necessity to maintain the 

original road test document as required 

by § 391.31(g)(1)? 

Guidance: Yes, as long as the road test 

document has been properly scanned. 

Question 5: What is an electronic 

signature? 

Guidance: An electronic signature is a 

method of signing an electronic 

communication that: (1) Identifies and 

authenticates a particular person as the 

source of the electronic communication; 

and (2) indicates such person’s approval 

of the information contained in the 

electronic communication. An 

electronic signature may be made using 

any available technology that otherwise 

satisfies FMCSA’s requirements. 

Question 6: What is an electronic 

‘‘captured image’’ signature and does it 

qualify as an electronic signature? 

Guidance: An electronic ‘‘captured 

image’’ signature is a scripted name or 

legal mark that, while conventionally 

created on paper, may also be created 

using electronic devices. For example, 

many supermarkets and package 

delivery services use electronic 

captured image technology when they 

permit customers to sign their names in 

script using a stylus on an electronic 

pad. This qualifies as an electronic 

signature, so long as the signature and 

its related document are electronically 

bound and can be reproduced together. 

Question 7: May anyone use 

electronic signatures to satisfy a 

requirement in Chapter III of Subtitle B 

of Title 49, Code of Federal Regulations 

(49 CFR parts 300–399) that a party sign 

or certify a document? 

Guidance: Yes. Anyone may, but is 

not required to, use electronic 

signatures to satisfy the requirements of 

Chapter III of Subtitle B of Title 49, 

Code of Federal Regulations (49 CFR 

parts 300–399) that he or she sign or 

certify a document. This guidance 

applies only to documents requiring 

signatures that are generated and 

maintained or exchanged by private 

parties, regardless of whether the 

Agency subsequently requires them to 

be produced or displayed to FMCSA 

staff or other parties entitled to access. 

This guidance does not apply to 

documents filed directly with the 

Agency. The Agency, however, has 

already established electronic filing 

methods for certain documents. 

Interested parties can find out about 

available filing methods by consulting 

specific program information on 

FMCSA’s Web site (http:// 

www.fmcsa.dot.gov). 

Question 8: Are motor carriers and 

other interested parties required to use 

electronic methods? 

Guidance: No. Interested entities may 

choose whether or not to use electronic 

methods or traditional paper methods. 

Where there are two parties to a 

transaction, both parties must agree to 

conduct business using electronic 

methods. 

Question 9: Will a document 

generated using any available electronic 

method satisfy the requirements of 

Chapter III of Subtitle B of Title 49, 

Code of Federal Regulations? 

Guidance: No. An electronic 

document must fulfill the same function 

as a paper document. Documents 

generated using electronic methods may 

be used only if they accurately reflect 

the information in the record and 

remain accessible in a form that can be 

accurately reproduced for later 

reference. Documents generated using 

electronic methods will not be 

considered the legal equivalent of 

traditional paper documents if they are 

not capable of being retained and 

accurately reproduced for reference by 

any party entitled to access. 

For example, if FMCSA rules require 

that a document be produced upon 

demand, you must be able to provide 

the Agency with an accurate copy of 

your electronic record upon demand. 

Similarly, if you are a motor carrier with 

multiple offices and are allowed 48 

hours to produce a document in 

accordance with 49 CFR 390.29, you 

must be able to provide the Agency with 

an accurate copy of your electronic 

record within 48 hours. It would not be 

sufficient to display the information on 

your computer terminal in your place of 

business. You must produce a copy that 

the Agency can refer to at a later date. 

Similarly, it would not be sufficient to 

provide a document with incomplete 

information or without a signature 

(whether electronic or handwritten), if 

required. Your electronic storage system 

must be capable of transferring a 

complete, accurate copy of the 

document to the Agency. Unless the 

agent requesting the information 

specifies otherwise, you should be 

prepared to produce paper copies of the 

electronically-stored records or 

documents within the applicable time 

frame. This means that if you are 

required to produce documents on 

demand, those documents may be 

stored electronically, so long as you can 

produce them in accordance with the 

Agency’s substantive requirements (e.g., 

immediately and without risk of losing 

or altering data). For an electronic 

document to be the legal equivalent of 

a paper document, it must be the 

functional equivalent with respect to 

integrity, accuracy and accessibility. 

Question 10: If FMCSA or another 

agency entitled to access documents 

requests that I produce a copy of a 

document or signature, may I produce 

an electronic copy? 

Guidance: Yes, however, you must be 

able to reproduce or transmit the 

document so the Agency can refer to it 

at a later date. The acceptable method 

of transmission may vary, depending on 

compatibility with the information 

systems and how the Agency or other 

entity entitled to access plans to use the 

document. Under some circumstances, 

electronic transfer may be acceptable. In 

other cases, you may be required to 

print paper copies of the electronicallystored records or documents. You 

should be prepared to produce paper 

copies within the time frame specified 

in the applicable regulations, unless the 

particular investigator specifically 

advises you that he or she is capable of 

accepting electronically transferred 

copies. 

Question 11: May I use electronic 

methods to generate, sign, maintain 

and/or exchange any record the FMCSA 

regulations require without requesting 

an exemption or obtaining prior 

permission? 

Guidance: You may use electronic 

methods to generate, sign, maintain 

and/or exchange any document that is 

generated and maintained or exchanged 

by private parties, regardless of whether 

FMCSA subsequently requires them to 


jlentini on DSKJ8SOYB1PROD with NOTICES
414 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices 

be produced or displayed to Agency 

staff or other parties entitled to access. 

You do not need to request an 

exemption or obtain prior permission so 

long as the electronic record meets all 

of the regulation’s substantive 

requirements and remains accessible in 

a form that can be accurately 

reproduced for later reference. (This 

does not apply to documents filed 

directly with the Agency. See Question 

No. 6.) Examples of documents 

generated, maintained or exchanged by 

private parties include, but are not 

limited to: Employment applications, 

driver histories and other qualification 

records, leases formed under 49 CFR 

part 376, driver-vehicle inspection 

reports, and records of duty status. 

These are only examples of documents 

about which FMCSA received specific 

questions and is not an exhaustive list 

of the types of documents that can be 

generated, signed, maintained or 

exchanged electronically. 

Question 12: May I convert a paper 

document to an electronic document by 

typing the substantive information on 

the paper document into an electronic 

format such as a database? 

Guidance: By typing the substantive 

information from a paper document into 

an electronic format such as a database, 

you are creating a new electronic record, 

not creating an electronic copy of the 

original. While you may generate and 

maintain such documents for your own 

use, they do not take the place of the 

original documents. To preserve an 

accurate copy of the original paper 

document, you must use scanning or 

other ‘‘image capture’’ technology. See 

Questions 3 and 4 for additional 

guidance. 

Question 13: Is an electronic signature 

valid if a person only has access to an 

excerpt or summary at the time he or 

she signs a document? 

Guidance: No. If you only provide an 

excerpt or summary at the time someone 

signs a document you may not 

subsequently attach his or her electronic 

signature to the complete document. 

Issued on: December 29, 2010. 

Anne S. Ferro, 

Administratior. 

[FR Doc. 2010–33238 Filed 1–3–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Tier 1 Environmental Impact Statement 

for the Los Angeles to San Luis 

Obispo (LOSSAN North) Rail Corridor 

Improvements Studies: Los Angeles, 

Ventura, Santa Barbara, San Luis 

Obispo counties, California 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: FRA is issuing this notice to 

advise the public that FRA with the 

California Department of Transportation 

(Caltrans) will jointly prepare a Tier-1 

environmental impact statement (EIS) 

and a program environmental impact 

report (EIR) for rail corridor 

improvements to the Los Angeles to San 

Luis Obispo (LOSSAN North) rail 

corridor (LOSSAN North Program). FRA 

is also issuing this notice to solicit 

public and agency input into the 

development of the scope of the EIR/EIS 

and to advise the public that outreach 

activities conducted by Caltrans and its 

representatives will be considered in the 

preparation of the EIR/EIS. The 

objective of the Tier-1 EIR/EIS is to 

evaluate alternatives and present 

thorough environmental analysis to help 

make corridor level decisions regarding 

the level of intercity passenger rail 

service provided in the corridor, 

including variations in train frequency, 

trip time, and on-time performance. 

DATES: Locations, dates, and start and 

end times for public meetings involving 

the EIS are listed in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding the Tier-1 

environmental review, please contact: 

Ms. Lea Simpson, Manager, California 

Department of Transportation, Division 

of Rail, MS 74, PO Box 942874, 

Sacramento, CA 94274–0001, (telephone 

916–654–7184) or Ms. Melissa Elefante 

DuMond, Environmental Protection 

Specialist, Office of Railroad Policy and 

Development, Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE. (Mail Stop 20), 

Washington, DC 20590, (telephone 202– 

493–6366). 

SUPPLEMENTARY INFORMATION: 

Purpose and Need 

FRA and Caltrans have determined 

that improvements to the existing 

LOSSAN North rail corridor are 

necessary to meet the expected growth 

in population and resulting increases in 

intercity travel demand between Los 

Angeles and San Luis Obispo. As a 

result of this growth in travel demand, 

their travel delays from the growing 

congestion on California’s highways and 

at airports will increase. In terms of 

passenger volume, the LOSSAN corridor 

is the second-busiest intercity rail 

corridor in the nation, after the 

Northeast Corridor connecting 

Washington DC, New York, and Boston. 

However, rail capacity constraints result 

in rail congestion and travel delays 

which is compounded by delays related 

to weather conditions, accidents and 

other factors which collectively result in 

unreliable rail service. In addition, in 

some cases rail infrastructure has not 

been upgraded or improved in over one 

hundred years. Goals of the project 

underlying the environmental review 

include increasing the cost-effectiveness 

of State-supported intercity passenger 

rail systems; increasing the rail capacity 

on existing routes; reduction in running 

times to attract additional riders and to 

provide a more attractive service; and 

improvement to the safety of Statesupported intercity rail service. 

Rail Services Along Corridor 

Amtrak uses the LOSSAN rail 

corridor for the Pacific Surfliner Service 

between Los Angeles and San Luis 

Obispo that is supported by Caltrans. 

Amtrak’s Coast Starlight (service 

between Los Angeles, the Bay Area, and 

Portland/Seattle) also operates on the 

corridor. The Southern California 

Regional Rail Authority also uses the 

LOSSAN rail corridor for their 

Metrolink commuter rail service 

between Los Angeles and Ventura. 

Union Pacific operates freight service 

along the corridor. 

Environmental Review Process 

The EIS/EIR will be developed in 

accordance with the National 

Environmental Policy Act of 1969 

(NEPA), 42 U.S.C. 4321 and the Council 

on Environmental Quality (CEQ) 

regulations (40 CFR part 1500 et seq.) 

implementing NEPA; the California 

Environmental Quality Act (CEQA), 

Division 13, Public Resources Code; and 

FRA’s Procedures for Considering 

Environmental Impacts (64 FR 28545; 

May 26, 1999). The FRA and the 

Caltrans will use a tiered process, as 

provided for in 40 CFR 1508.28 and in 

accordance with FRA Procedures for the 

completion of the environmental review 

of the LOSSAN North Program. 

‘‘Tiering’’ is a staged environmental 

review process often applied to 

environmental reviews for complex 

transportation projects. The initial 

phase (Tier-1 EIS) of this process will 


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