46068 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2021–0037] 

Surface Transportation Project 

Delivery Program; California HighSpeed Rail Authority Audit Report 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The Surface Transportation 

Project Delivery Program (STPD 

Program), often referred to as the ‘‘NEPA 

Assignment Program,’’ allows a State to 

assume FRA’s responsibilities for 

Federal environmental review, 

consultation, and compliance under the 

National Environmental Policy Act 

(NEPA) and other Federal 

environmental laws, for railroad 

projects. In accordance with the July 23, 

2019, memorandum of understanding 

(section 327 MOU) between FRA and 

the California High-speed Rail Authority 

(CHSRA), CHSRA assumed the 

environmental review process, in lieu of 

FRA. The STPD Program mandates 

annual audits by FRA for the first four 

years of a State’s involvement in the 

STPD Program, ensuring CHSRA’s 

compliance with program requirements. 

This notice finalizes FRA’s findings of 

the first-year audit of CHSRA 

participation in the STPD Program. 

FOR FURTHER INFORMATION CONTACT: 

Andre ́a Martin, Senior Environmental 

Protection Specialist, Office of Railroad 

Policy and Development (RPD), 

telephone: (202) 493–6201, email: 

Andrea.Martin@dot.gov; or Marlys 

Osterhues, Chief Environment and 

Project Engineering, RPD, telephone: 

(202) 493–0413, email: 

Marlys.Osterhues@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access: An electronic copy 

of this notice and all comments received 

may be downloaded from the docket 

page for FRA–2021–0037 at 

www.regulations.gov. 

Background: FRA’s annual audits are 

the primary mechanism to: (1) Oversee 

CHSRA’s compliance with the STPD 

Program, the section 327 MOU, and 

applicable Federal laws and policies 

under NEPA; (2) determine CHSRA’s 

attainment of the performance measures 

identified in part 10 of the section 327 

MOU; and (3) collect information 

needed for the Secretary of 

Transportation’s annual report to 

Congress pursuant to 23 U.S.C. 327(i). 

FRA will conduct three more annual 

audits consistent with 23 U.S.C. 327(g) 

and part 11 of the section 327 MOU. 

FRA must present the results of each 

audit in a report and make the draft 

report available for public comment in 

the Federal Register, before finalizing. 

FRA received one response during 

public comment period between April 

21, 2021, and May 21, 2021. The 

comment, available in the docket, was 

submitted by the American Road and 

Transportation Builders Association and 

outlined its general support for the 

STPD Program. FRA considered this 

comment and determined that it did not 

require changes in the content of the 

draft report. This notice includes the 

final version of the audit report. 

Surface Transportation Project Delivery 

Program Audit of the California HighSpeed Rail Authority: December 8–10, 

2020 

Executive Summary 

This report summarizes the results of 

FRA’s first audit of the CHSRA’s 

conduct of its environmental review 

responsibilities under 23 U.S.C. 327, in 

accordance with the section 327 MOU 

executed July 23, 2019, between CHSRA 

and FRA. 

To carry out its audit responsibilities 

under the section 327 MOU, FRA 

formed a team (Audit Team) in April 

2020. The Audit Team consisted of 

NEPA subject matter experts (SMEs) 

from FRA’s environmental and project 

management divisions and the John A. 

Volpe National Transportation Systems 

Center. In addition, FRA designated a 

Senior Environmental Protection 

Specialist to serve as a NEPA 

Assignment Program liaison to CHSRA. 

The Audit Team reviewed certain NEPA 

project documentation completed by 

CHSRA during the first year of the 

NEPA Assignment Program, and 

CHSRA’s self-assessment of its NEPA 

Assignment Program. In addition, the 

Audit Team reviewed documents 

related to quality assurance/quality 

control (QA/QC) and conducted 

interviews with relevant CHSRA staff 

between December 8 and 10, 2020. 

The purpose of this report is to 

describe the results of the audit. Overall, 

the Audit Team found that CHSRA is 

carrying out the responsibilities it has 

assumed and complies with the 

provisions of the section 327 MOU. 

Background 

The STPD Program, codified at 23 

U.S.C. 327, allows a State to assume 

FRA’s environmental responsibilities for 

review, consultation, and compliance 

for railroad projects. When a State 

assumes these Federal responsibilities, 

the State becomes solely liable for 

carrying out the responsibilities it has 

assumed, in lieu of the FRA. CHSRA 

published its application under the 

STPD Program on November 9, 2017 

and made it available for public 

comment for 30 days. After considering 

public comments, CHSRA submitted its 

application to FRA on January 31, 2018. 

The application served as the basis for 

developing an MOU identifying the 

responsibilities and obligations that 

CHSRA would assume. 

FRA published a notice of the draft 

MOU in the Federal Register on May 2, 

2018, with a 30-day comment period to 

solicit the views of the public and 

Federal agencies. After the close of the 

comment period, FRA and CHSRA 

considered comments and proceeded to 

execute the MOU. On July 23, 2019, 

CHSRA assumed FRA’s responsibilities 

under NEPA, and the responsibilities for 

NEPA-related Federal environmental 

laws described in the section 327 MOU. 

Section 327(g) requires the Secretary 

to conduct annual audits during each of 

the first four years of State participation. 

Audits are the primary mechanism for 

FRA to oversee CHSRA’s compliance 

with the provisions set forth in the 

section 327 MOU. FRA’s annual audits, 

conducted pursuant to 23 U.S.C. 327(g), 

will be the primary mechanism to: (1) 

Determine the State’s compliance with 

this MOU and applicable Federal laws 

and policies; (2) confirm the State’s 

attainment of the performance measures 

identified in part 10 of the section 327 

MOU; and (3) collect information 

needed for the Secretary of 

Transportation’s annual report to 

Congress pursuant to 23 U.S.C. 327(i). 

FRA will conduct three more annual 

audits consistent with 23 U.S.C. 327(g) 

and part 11 of the section 327 MOU. 

FRA will present the results of each 

audit in a report and make the report 

available for public comment in the 

Federal Register, before finalizing. 

Scope and Methodology 

Consistent with the section 327 MOU, 

the Audit Team examined a sampling of 

CHSRA’s NEPA project files; CHSRA’s 

self-assessment report; and CHSRA 

policies, guidance, and manuals relating 

to NEPA responsibilities. The scope of 

the project file portion of the audit 

included a review of six reexaminations 

for previously approved Final 

Environmental Impact Statements (EISs) 

and one Final EIS/Record of Decision 

(ROD), representing all projects in 

process or initiated after the section 327 

MOU’s effective date through June 30, 

2020. In conducting the audit, and to 

determine compliance with the section 

327 MOU, the FRA Audit Team focused 

on objectives related to six NEPA 


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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 46069 

Assignment Program Elements: Program 

management, documentation and 

records management, QA/QC, training, 

performance measurement, and legal 

sufficiency. Each NEPA Assignment 

Program Element is described further 

below. 

The Audit Team interviewed 11 

CHSRA staff, in one of CHSRA’s three 

regional offices and at its headquarters 

office. In addition, the Audit Team 

interviewed one staff member from the 

U.S. Environmental Protection Agency 

(EPA). The Audit Team invited CHSRA 

staff, middle management, counsel, and 

executive management to participate in 

the interview process to ensure 

representation of a diverse range of staff 

expertise, experience, and program 

responsibility. 

The Audit Team compared the 

procedures outlined in CHSRA 

environmental manuals and policies to 

the information obtained during staff 

interviews and project file reviews to 

evaluate CHSRA’s performance against 

its documented procedures. The Audit 

Team documented observations under 

the six NEPA Assignment Program 

Elements. 

Audit Results 

Overall, CHSRA has carried out the 

environmental responsibilities assumed 

through the section 327 MOU and the 

Audit Team found that CHSRA is 

complying with the section 327 MOU. 

Program Management 

Consistent with part 4 of the section 

327 MOU, CHSRA has developed and 

implemented the updated 

Environmental Policies and Procedures 

Handbook, Environmental Compliance 

Program Manual, a QA/QC Plan, and the 

NEPA Assignment Training Course. 

CHSRA has also conducted the required 

self-assessment. 

CHSRA has incorporated the NEPA 

Assignment Program into its overall 

project development process included 

in CHSRA’s environmental manuals and 

policies. CHSRA has also created a 

NEPA assignment team in its 

headquarters office to support the new 

responsibilities under the NEPA 

Assignment Program. CHSRA staff at the 

headquarters office responsible for 

ensuring NEPA Assignment 

responsibilities are fulfilled review 

projects for compliance with assigned 

environmental laws and regulations 

independently from those responsible 

for developing the NEPA and related 

documentation, as required in part 3 of 

the section 327 MOU. 

CHSRA environmental staff at the 

three regional offices coordinate their 

NEPA related project-work with 

headquarters staff through NEPA 

Coordinators. Prior to assuming 

responsibilities under the NEPA 

Assignment Program, CHSRA regional 

staff reported to their regional office. 

However, following assumption of 

NEPA responsibilities, CHSRA hired a 

NEPA Assignment Manager located in 

the headquarters office who is 

responsible for overseeing CHSRA’s 

policies, manuals, guidance, and 

training under the NEPA Assignment 

Program. CHSRA also has assigned a 

team of attorneys to advise on the 

environmental review process. This 

team includes CHSRA in-house counsel 

as well as outside counsel who advise 

on issues relate to the assigned 

responsibilities. 

Since the NEPA Assignment Program 

became effective, CHSRA staff noted 

that their relationship with resource 

agencies has not changed, and the 

overall environmental and consultation 

process has continued without 

significant change. FRA’s Audit Team’s 

review of project files supports this 

conclusion. 

Documentation and Records 

Management 

Between July 23, 2019, and June 30, 

2020, CHSRA made 22 auditable NEPA 

actions. Employing judgmental 

sampling, the Audit Team reviewed 

seven NEPA project files, including six 

reexaminations of previously approved 

Final EISs and one combined Final EIS/ 

ROD. These projects represented a 

sampling of CHSRA environmental 

review efforts in process or initiated 

after the section 327 MOU’s effective 

date through June 30, 2020, covering a 

range of resource considerations and 

agency coordination requirements. The 

Audit Team found that CHSRA 

maintained a complete electronic 

record, including all NEPA-related 

documentation. 

The Audit Team recognized several 

CHSRA efforts to ensure consistency of 

project documentation through 

CHSRA’s use of an accessible file 

database. Interviews with CHSRA staff 

indicated that the regional staff 

consistently manage project files, 

including working files. In addition, 

CHSRA uses a software program to 

document public and resource agency 

comments, allowing CHSRA to track 

comments, responses, and resolution. 

Quality Assurance/Quality Control 

Under part 10.2.B of the section 327 

MOU, CHSRA has agreed to carry out 

regular QA/QC activities to ensure the 

assumed responsibilities are conducted 

in accordance with applicable law and 

the section 327 MOU. The Audit Team 

noted that CHSRA has implemented a 

QA/QC program where environmental 

staff in the three regions coordinate with 

the NEPA assignment team in the 

headquarters office. The NEPA 

assignment team is responsible for 

reviewing all NEPA documentation and 

technical reports to ensure compliance. 

CHSRA staff also have access to SMEs 

for various environmental resources and 

regulations. During interviews, CHSRA 

noted that the NEPA assignment team 

acts independently to provide unbiased 

and objective reviews of work products. 

The Audit Team also found that 

regional staff understands how to 

implement the QA/QC process 

throughout the environmental review 

process. 

During subsequent audits, the FRA 

Audit Team will require that supporting 

QA/QC documentation associated with 

project files be provided to FRA. This 

will allow the Audit Team to confirm 

QA/QC measures are being fully 

implemented for the projects under 

review. The Audit Team also 

recommends that CHSRA review a 

judgmental or random sampling of 

projects between FRA’s annual audits to 

check compliance and identify potential 

improvements that can be made to the 

QA/QC process. 

Training Program 

CHSRA committed to implementing 

training necessary to meet its 

environmental obligations under the 

section 327 MOU. The training covers 

all topics related to CHSRA’s 

responsibilities under NEPA 

assignment. Based on interviews and a 

review of training documentation and 

records, all CHSRA staff received the 

training in accordance with the training 

plan after the MOU was executed. 

The FRA Audit Team recommends 

that CHSRA expand its training plan to 

include additional training 

opportunities. This training could 

include formal or informal training with 

State and Federal resource agencies in 

addition to the regularly scheduled 

agency coordination meetings. 

Performance Measures 

In accordance with part 10.1.1 of the 

section 327 MOU, FRA and CHSRA 

have established performance measures 

that CHSRA will seek to attain and that 

FRA will consider during FRA’s audits. 

CHSRA is still in the early stages of 

developing metrics to track attainment 

of performance measures outlined in the 

section 327 MOU. However, based on 

results of the audit review and 

interviews, the FRA Audit Team found 

that CHSRA is implementing the 

performances measures. CHSRA 


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46070 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 

environmental leadership staff indicated 

they will continue to implement the 

performances measures found in part 10 

of the section 327 MOU. 

Legal Sufficiency 

CHSRA conducts a legal sufficiency 

review at various stages of the 

environmental review process, 

consistent with existing internal 

procedures. This review is generally 

conducted by outside counsel and 

CHSRA attorneys. CHSRA attorneys are 

responsible for making the final written 

determination regarding legal 

sufficiency of EISs prior to their 

publication. 

Finalizing the Report 

FRA published the draft version of 

this report in the Federal Register on 

April 21, 2021, (86 FR 20787), and made 

it available for public review and 

comment for 30 days in accordance with 

23 U.S.C. 327(g). FRA received one 

response to the Federal Register notice 

during the public comment period for 

the draft report, from the American 

Road and Transportation Builders 

Association. This comment outlined its 

general support for the STPD Program. 

FRA considered this comment and 

determined that it did not require 

changes in the content of the draft 

report. This is FRA’s final version of the 

audit report. 

Issued in Washington, DC. 

Amitabha Bose, 

Deputy Administrator. 

[FR Doc. 2021–17545 Filed 8–16–21; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2021–0181] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: OASIS (Motor); Invitation for 

Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

September 16, 2021. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2021–0181 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Search 

MARAD–2021–0181 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is: U.S. Department of 

Transportation, MARAD–2021–0181, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you include 

your name and a mailing address, an email 

address, or a telephone number in the body 

of your document so that we can contact you 

if we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

James Mead, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–459, 

Washington, DC 20590. Telephone 202– 

366–5723, Email James.Mead@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel OASIS is: 

—Intended Commercial Use of Vessel: 

‘‘Luxury overnight charters in the 

Puget Sound and San Juan Islands 

using the 3 staterooms onboard’’ 

—Geographic Region Including Base of 

Operations: ‘‘Washington.’’ (Base of 

Operations: Seattle, WA) 

—Vessel Length and Type: 70′ Motor 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2021–0181 at http://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at http://

www.regulations.gov, keyword search 

MARAD–2021–0181 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 

you periodically check the Docket for 

new submissions and supporting 

material. 

Will my comments be made available to 

the public? 

Yes. Be aware that your entire 

comment, including your personal 

identifying information, will be made 

publicly available. 

May I submit comments confidentially? 

If you wish to submit comments 

under a claim of confidentiality, you 

should submit the information you 

claim to be confidential commercial 

information by email to SmallVessels@

dot.gov. Include in the email subject 

heading ‘‘Contains Confidential 

Commercial Information’’ or ‘‘Contains 

CCI’’ and state in your submission, with 

specificity, the basis for any such 

confidential claim highlighting or 

denoting the CCI portions. If possible, 

please provide a summary of your 

submission that can be made available 

to the public. 


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