44130 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

a Delaware limited liability company 

that provides intrastate paratransit, 

shuttle, and line-run services pursuant 

to contracts with regional transportation 

authorities and other organizations in, 

primarily, New Jersey and eastern 

Pennsylvania. (Id. at 6.) It also provides 

private charter motor coach services, 

including coach and shuttle ground 

transportation services for passengers, 

primarily in eastern Pennsylvania. (Id.) 

Van Pool represents that Easton has 

approximately 750 passenger-carrying 

vehicles, including 21 motor coaches, 

and it utilizes approximately 800 

drivers. (Id.) The geographic areas 

served by Easton do not overlap with 

the geographic areas serviced by NRT, 

Trombly, and Salter. (Id.) 

Van Pool states that it intends to 

maintain and continue the services 

provided by Easton to the public. (Id. at 

9.) It expects that the transaction will 

result in improved operating 

efficiencies, increased equipment 

utilization rates, and costs savings, all of 

which will help ensure the provision of 

adequate service to the public. (Id.) 

Under 49 U.S.C. 14303(b), the Board 

must approve and authorize a 

transaction that it finds consistent with 

the public interest, taking into 

consideration at least: (1) The effect of 

the proposed transaction on the 

adequacy of transportation to the public, 

(2) total fixed charges that result from 

the proposed transaction, and (3) the 

interest of affected carrier employees. 

Van Pool has submitted the information 

required by 49 CFR 1182.2, including 

information to demonstrate that the 

transaction is consistent with the public 

interest under 49 U.S.C. 14303(b), see 49 

CFR 1182.2(a)(7), and a jurisdictional 

statement under 49 U.S.C. 14303(g) that 

the aggregate gross operating revenues 

of the involved carriers exceeded $2 

million during the 12-month period 

immediately preceding the filing of the 

application, see 49 CFR 1182.2(a)(5). 

(See Appl. 7–13.) 

Van Pool asserts that the transaction 

will not have a material, detrimental 

impact on the adequacy of 

transportation services currently 

available to the public. (Id. at 9.) Van 

Pool intends that the services provided 

by Easton currently available to the 

public will be maintained and that 

Easton will continue to operate under 

the same name, just within the holdings 

of Van Pool. (Id.) Van Pool further 

represents that it is experienced in the 

same market segments served by 

Easton—intrastate paratransit, shuttle, 

and line-run services—and, because of 

Van Pool’s passenger carrier 

management capacity, the transaction is 

expected to result in improved 

operating efficiencies, increased 

equipment utilization rates, and cost 

savings. (Id.) Thus, Van Pool states, the 

transaction will help ensure the 

provision of adequate transportation 

services to the public. (Id. at 9–10.) 

Van Pool claims that neither 

competition nor the public interest will 

be adversely affected by the proposed 

transaction. (Id. at 11–12.) Van Pool 

states that while demand for interstate 

passenger motor carriers has been 

reduced as a result for the COVID–19 

pandemic, as the public health situation 

continues to improve, Van Pool expects 

that demand for Easton’s services will 

increase. (Id. at 12.) And, according to 

Van Pool, competition for such services 

is strong; Easton competes directly with 

other passenger charter services, 

including J&J Luxury Transportation, 

Hagey Coach & Tours, Martz Bus, 

Perkiomen Travel & Tours, and TransBridge Lines. (Id.) In addition, Van Pool 

asserts that all charter service providers, 

including Easton, also compete with 

‘‘other modes of passenger 

transportation, including rail, low-cost 

airlines, and passenger transportation 

network companies.’’ (Id.) Van Pool also 

states that Easton does not compete with 

any of the other three passenger motor 

carriers owned by Van Pool because 

‘‘there is virtually no overlap in the 

service areas and/or customer bases 

among [NRT, Trombly, and Salter] and 

Easton in that regard.’’ (Id.) 

Van Pool states that although the 

transaction will increase fixed charges 

in the form of interest expenses, the 

increase will not impact the provision of 

transportation services to the public. (Id. 

at 10.) 

Finally, Van Pool asserts that the 

transaction will not have a substantial 

impact on employees or labor 

conditions because it intends to 

continue the existing operations of 

Easton. (Id.) Van Pool states that staffing 

redundancies, though, could potentially 

result in limited downsizing of backoffice and/or managerial level 

personnel. (Id.) 

The Board finds that the acquisition 

as described in the application, as 

supplemented, is consistent with the 

public interest and should be tentatively 

approved and authorized. If any 

opposing comments are timely filed, 

these findings will be deemed vacated, 

and, if a final decision cannot be made 

on the record as developed, a 

procedural schedule will be adopted to 

reconsider the application. See 49 CFR 

1182.6. If no opposing comments are 

filed by the expiration of the comment 

period, this notice will take effect 

automatically and will be the final 

Board action. 

This action is categorically excluded 

from environmental review under 49 

CFR 1105.6(c). 

Board decisions and notices are 

available at www.stb.gov. 

It is ordered: 

1. The transaction is approved and 

authorized, subject to the filing of 

opposing comments. 

2. If opposing comments are timely 

filed, the findings made in this notice 

will be deemed vacated. 

3. This notice will be effective 

September 28, 2021, unless opposing 

comments are filed by September 27, 

2021. If any comments are filed, 

Applicant may file a reply by October 

11, 2021. 

4. A copy of this notice will be served 

on: (1) The U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590; (2) 

the U.S. Department of Justice, Antitrust 

Division, 10th Street & Pennsylvania 

Avenue NW, Washington, DC 20530; 

and (3) the U.S. Department of 

Transportation, Office of General 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Decided: August 5, 2021. 

By the Board, Board Members Begeman, 

Fuchs, Oberman, Primus, and Schultz. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2021–17133 Filed 8–10–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2021–0012] 

Proposed First Renewal of 

Memorandum of Understanding (MOU) 

Assigning Certain Federal 

Environmental Responsibilities to the 

State of Nebraska, Including National 

Environmental Policy Act (NEPA) 

Authority for Certain Categorical 

Exclusions (CEs) 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed first renewal 

of MOU; request for comments. 

SUMMARY: The FHWA and the State of 

Nebraska, acting by and through its 

Department of Transportation (State), 

propose renewing the MOU providing 

participation of the State in the 

Categorical Exclusion Assignment 

program. This program allows FHWA to 

assign its authority and responsibility 

for determining whether certain 

designated activities within the 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44131 

geographic boundaries of the State, as 

specified in the proposed MOU, are 

categorically excluded from preparation 

of an environmental assessment or an 

environmental impact statement under 

the National Environmental Policy Act. 

DATES: Comments must be received on 

or before September 10, 2021. 

ADDRESSES: You may submit comments, 

identified by Docket Number FHWA– 

2021–0012, by any of the methods 

described below. To ensure that you do 

not duplicate your submissions, please 

submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, Docket 

Operations, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC, between 

9:00 a.m. and 5:00 p.m. ET, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number 

FHWA–2021–0012 at the beginning of 

your comments. All comments received 

will be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Melissa Maiefski; by email at 

Melissa.Maiefski@dot.gov or by 

telephone at 402–742–8473. The 

Nebraska Division Office’s normal 

business hours are 8 a.m. to 5 p.m. 

(Central Standard Time), Monday 

through Friday, except Federal holidays. 

For the State of Nebraska: Brandie 

Neemann: by email at 

Brandie.Neemann@nebraska.gov or by 

telephone at 402–479–4795. The 

Nebraska Department of 

Transportation’s business hours are 8 

a.m. to 5 p.m. (Central Standard Time), 

Monday through Friday, except State 

and Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document, a complete copy of 

the proposed first renewal MOU, 

background documents, and comments 

received may be viewed online through 

the Federal eRulemaking portal at 

http://www.regulations.gov. The website 

is available 24 hours each day, 365 days 

each year. An electronic copy of this 

document may also be downloaded by 

accessing the Office of the Federal 

Register’s website at 

www.federalregister.gov and the 

Government Publishing Office’s website 

at www.govinfo.gov. 

Background 

Section 326 of Title 23, United States 

Code (U.S.C.), creates a program that 

allows the Secretary of the U.S. 

Department of Transportation 

(Secretary), to assign, and a State to 

assume, responsibility for determining 

whether certain highway projects are 

included within classes of action that 

are categorically excluded (CE) from 

requirements for environmental 

assessments or environmental impact 

statements pursuant to the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321 et seq. (NEPA). In addition, 

this program allows the assignment of 

other environmental review 

requirements applicable to Federal 

highway projects. The FHWA is 

authorized to act on behalf of the 

Secretary with respect to these matters. 

The FHWA would execute the first 

renewal of Nebraska’s participation in 

this program through an MOU. 

Statewide decision making 

responsibility would be assigned for all 

activities identified in the MOU within 

the categories listed in 23 CFR 

771.117(c) and those listed as examples 

in 23 CFR 771.111(d), and any activities 

added through FHWA rulemaking to 

those listed in 23 CFR 771.117(c) or 

example activities listed in 23 CFR 

771.117(d) after the date of the 

execution of this MOU. In addition to 

the NEPA CE determination 

responsibilities, the MOU would assign 

to the State the responsibility for 

conducting Federal environmental 

review, consultation, and other related 

activities for projects that are subject to 

the MOU with respect to the following 

Federal laws and Executive Orders: 

• Clean Air Act (CAA), 42 U.S.C. 

7401–7671q. Including determinations 

for project-level conformity if required 

for the project, except as specified in 

Stipulation II.B.2 of the MOU 

• Noise Control Act of 1972, 42 

U.S.C. 4901–4918 

• Compliance with the noise 

regulations in 23 CFR part 772 (except 

approval of the State noise policy in 

accordance with 23 CFR 772.7) 

• Section 7 of the Endangered Species 

Act of 1973, 16 U.S.C. 1531–1544, and 

1536 

• Fish and Wildlife Coordination Act, 

16 U.S.C. 661–667d 

• Migratory Bird Treaty Act, 16 U.S.C. 

703–712 

• Bald and Golden Eagle Treaty Act, as 

amended, 16 U.S.C. 668–668c 

• Section 106 of the National Historic 

Preservation Act of 1966, as amended, 

54 U.S.C. 306108 

• Archeological Resources Protection 

Act of 1979, 16 U.S.C. 470aa–mm. 

• Title 54, Chapter 3125—Preservation 

of Historical and Archeological Data, 

54 U.S.C. 312501–312508 

• Native American Grave Protection 

and Repatriation Act (NAGPRA), 25 

U.S.C. 3001–3013; 18 U.S.C. 1170 

• Section 4(f) of the Department of 

Transportation Act of 1966, 23 U.S.C. 

138 and 49 U.S.C. 303; 23 CFR part 

774, except as specified in Stipulation 

II.B.2 of the MOU 

• American Indian Religious Freedom 

Act, 42 U.S.C. 1996 

• Farmland Protection Policy Act 

(FPPA), 7 U.S.C. 4201–4209 

• Clean Water Act, 33 U.S.C. 1251– 

1377, Sections 401, 404, and 319 

• 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. 3921, 3931 

• Wetlands Mitigation, 23 U.S.C. 

103(b)(6)(m), 133(b)(3) 

• FHWA wetland and natural habitat 

mitigation regulations, 23 CFR part 

777 

• Flood Disaster Protection Act, 42 

U.S.C. 4001–4128 

• Safe Drinking Water Act (SDWA), 42 

U.S.C. 300f–300j–6 

• Land and Water Conservation Fund 

(LWCF), Public Law 88–578, 78 Stat. 

897 (known as Section 6(f)) 

• Comprehensive Environmental 

Response, Compensation, and 

Liability Act (CERCLA), 42 U.S.C. 

9601–9675 

• Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 

42 U.S.C. 9671–9675 

• Resource Conservation and Recovery 

Act (RCRA), 42 U.S.C. 6901–6992k 

• Landscaping and Scenic 

Enhancement (Wildflowers), 23 

U.S.C. 319 

• E.O. 11990, Protection of Wetlands 

• E.O. 11988, Floodplain Management 

(except approving design standards 

and determinations that a significant 

encroachment is the only practicable 

alternative under 23 CFR 650.113 and 

650.115) 

• 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. 13175 Consultation and 

Coordination with Indian Tribal 

Governments 


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44132 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

• E.O. 13122 and E.O. 13751, Invasive 

Species 

• Planning and Environmental 

Linkages, 23 U.S.C. 168, except for 

those FHWA responsibilities 

associated with 23 U.S.C. 134 and 135 

• Programmatic Mitigation Plans, 23 

U.S.C. 169 except for those FHWA 

responsibilities associated with 23 

U.S.C. 134 and 135. 

The MOU allows the State to act in 

the place of FHWA in carrying out the 

functions described above, except with 

respect to government-to-government 

consultations with federally recognized 

Indian Tribes. The FHWA will retain 

responsibility for conducting formal 

government-to-government consultation 

with federally recognized Indian Tribes, 

which is required under some of the 

above-listed laws and Executive Orders. 

The State may also assist FHWA with 

formal consultations, with consent of a 

tribe, but FHWA remains responsible for 

the consultation. 

This assignment includes transfer to 

the State of Nebraska the obligation to 

fulfill the assigned environmental 

responsibilities on any proposed 

projects meeting the criteria in 

Stipulation 1(B) of the MOU that were 

determined to be CEs prior to the 

effective date of the proposed MOU but 

that have not been completed as of the 

effective date of the MOU. 

The FHWA will consider the 

comments submitted on the proposed 

first renewal MOU when making its 

decision on whether to execute this 

MOU. The FHWA will make the final, 

executed MOU publicly available. 

(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. 326; 42 U.S.C. 

4331, 4332; 23 CFR 771.117; 40 CFR 

1507.3, 1508.4. 

Joseph A. Werning, 

Division Administrator, Federal Highway 

Administration. 

[FR Doc. 2021–17112 Filed 8–10–21; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Intent To Prepare a Draft 

Environmental Impact Statement for 

the Interstate 405 ExpressLanes 

Project, in Los Angeles County, 

California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of Intent (NOI) to prepare 

a Draft Environmental Impact Statement 

(Draft EIS) for the Interstate 405 (I–405) 

ExpressLanes project. 

SUMMARY: The FHWA, on behalf of the 

California Department of Transportation 

(Caltrans), is issuing this notice to 

advise the public that a Draft EIS will 

be prepared for the I–405 ExpressLanes 

project, a proposed highway project in 

Los Angeles County, California. 

DATES: This notice will be accompanied 

by a 30-day public scoping comment 

period from Tuesday, August 3, 2021, to 

Wednesday, September 1, 2021. The 

deadline for comments is 5:00 p.m. 

(PST) on September 1, 2021. Three 

virtual public scoping meetings will be 

held on: 

• Saturday, August 14, 2021; 10 a.m.– 

12 p.m. 

• Tuesday, August 17, 2021; 6–8 p.m. 

• Wednesday, August 18, 2021; 11:30 

a.m.–1:30 p.m. 

ADDRESSES: The virtual meeting link 

will be made available on the project 

website at www.metro.net/ 

405expresslanes. 

FOR FURTHER INFORMATION CONTACT: For 

Caltrans, contact Ronald Kosinski, 

Deputy District Director, Division of 

Environmental Planning, Caltrans 

District 7, 100 S Main Street, MS 16A, 

Los Angeles, CA 90012, (213) 507–4301, 

or email Ron.kosinski@dot.ca.gov. For 

FHWA, contact David Tedrick, 

telephone (916) 498–5024, or email 

David.tedrick@dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, FHWA assigned, and 

Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Caltrans, as the 

assigned National Environmental Policy 

Act (NEPA) agency, will prepare a Draft 

EIS on a proposal for a highway 

improvement project in Los Angeles 

County, California. 

The Project proposes to improve 

traffic conditions on I–405 starting in 

the south at Interstate 10 (I–10) and 

terminating in the north at U.S. 

Highway 101 (US–101). The proposed 

Project will reduce congestion, 

encourage carpooling and transit, 

improve trip reliability, reduce 

degradation of the carpool and generalpurpose lanes, increase person 

throughput, and apply technology to 

help manage traffic. The range of 

improvements may include, but not be 

limited to, converting existing HOV 

lanes to Express Lanes or adding an 

additional Express Lane in each 

direction and converting existing HOV 

lanes to ExpressLanes. 

Currently, the following alternatives 

are being considered, all approximately 

10 miles in length: 

• Alternative 1: The No-Build/No 

Action Alternative does not include 

improvements to the existing lanes 

along I–405 between I–10 and US–101. 

• Alternative 2: Convert Existing 

HOV to One ExpressLane (Standard 

Lane and Shoulder Widths). This build 

alternative would convert the existing 

HOV lane in each direction, along I–405 

between I–10 and US–101, to an 

ExpressLane. The northbound and 

southbound directions of the freeway 

would be restriped within the existing 

footprint to accommodate one 12-foot 

wide ExpressLane with a 4-foot wide 

buffer separating the ExpressLane from 

the 12-foot wide general-purpose lanes. 

Dynamic pricing would be deployed in 

the ExpressLane to ensure trip 

reliability and traffic flow. Installation 

of toll and communication 

infrastructure and modification/ 

installation of overhead signs would be 

required. Alternative 2 proposes to 

widen the freeway, where necessary, to 

accommodate an additional weave lane 

at ExpressLane ingress/egress locations 

and maintain stopping sight distance at 

curves. Non-standard inside shoulders 

would be maintained in a few locations 

where constraints exist, and standard 

10-foot outside shoulders would be 

provided where possible. Retaining 

walls would be provided where 

required to minimize and avoid right-ofway (ROW) acquisition. Other 

improvements include construction of 

retaining walls and sound walls, utility 

improvements, and drainage 

improvements. 

• Alternative 3: Convert Existing 

HOV Lane to Two ExpressLanes (NonStandard Lane and Shoulder Widths). 

This build alternative would convert the 

existing HOV lane to an ExpressLane 

and add a second ExpressLane in each 

direction between I–10 and US–101. 

The freeway would be widened and 

restriped to accommodate the two 

ExpressLanes with a buffer separating 

the ExpressLanes from the generalpurpose lanes. Dynamic pricing would 

be deployed in the ExpressLanes to 

ensure trip reliability and traffic flow. 


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