51438 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices 

1The California HSR System would be 

implemented in two phases. Phase 1 would connect 

San Francisco to Los Angeles and Anaheim via the 

Pacheco Pass and the southern Central Valley. 

Phase 2 would extend the HSR system from the 

Central Valley (starting at the Merced Station) to the 

state’s capital in Sacramento and from Los Angeles 

to San Diego. 

Barriers to U.S. Exports for 2022 

Reporting.’ Commenters providing 

information on foreign trade barriers in 

more than one country should, 

whenever possible, provide a separate 

submission for each country. 

The submission deadline is Tuesday, 

October 26, 2021, at midnight EST. 

USTR strongly encourages commenters 

to make online submissions, using 

Regulations.gov. To submit comments 

via Regulations.gov, enter docket 

number USTR–2021–0016 on the home 

page and click ‘search.’ The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice and click 

on the link entitled ‘comment now.’ For 

further information on using 

Regulations.gov, please consult the 

resources provided on the website by 

clicking on ‘How to Use 

Regulations.gov’ on the bottom of the 

home page. 

Regulations.gov allows users to 

submit comments by filling in a ‘type 

comment’ field, or by attaching a 

document using an ‘upload file’ field. 

USTR prefers that you provide 

comments in an attached document. If 

you attach a document, please identify 

the name of the country to which the 

submission pertains in the ‘type 

comment’ field, e.g., see attached 

comments with respect to (name of 

country). USTR prefers submissions in 

Microsoft Word (.doc) or Adobe Acrobat 

(.pdf). If you use an application other 

than those two, please indicate the 

name of the application in the ‘type 

comment’ field. 

Filers submitting comments 

containing no business confidential 

information (BCI) should name their file 

using the name of the person or entity 

submitting the comments. For any 

comments submitted electronically 

containing BCI, the file name of the 

business confidential version should 

begin with the characters ‘BCI.’ Clearly 

mark any page containing BCI with 

‘BUSINESS CONFIDENTIAL’ on the top 

of that page. Filers of submissions 

containing BCI also must submit a 

public version of their comments that 

USTR will place in the docket for public 

inspection. The file name of the public 

version should begin with the character 

‘P.’ Follow the ‘BCI’ and ‘P’ with the 

name of the person or entity submitting 

the comments. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the submission itself, not as 

separate files. 

As noted, USTR strongly urges that 

you file submissions through 

Regulations.gov. You must make any 

alternative arrangements with Spencer 

Smith at Spencer.L.Smith2@ustr.eop.gov 

or (202) 395–2974 before transmitting a 

comment and in advance of the 

deadline. 

USTR will post comments in the 

docket for public inspection, except 

properly designated BCI. You can view 

comments on the Regulations.gov by 

entering docket number USTR–2021– 

0016 in the search field on the home 

page. General information concerning 

USTR is available at https://

www.ustr.gov. 

Edward Gresser, 

Chair of the Trade Policy Staff Committee, 

Office of the United States Trade 

Representative. 

[FR Doc. 2021–19934 Filed 9–14–21; 8:45 am] 

BILLING CODE 3290–F1–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Final Agency Actions on 

Proposed Railroad Project in 

California, on Behalf of the California 

High Speed Rail Authority 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

SUMMARY: FRA, on behalf of the 

California High-Speed Rail Authority 

(Authority), is issuing this notice to 

announce actions taken by the 

Authority that are final. By this notice, 

FRA is advising the public of the time 

limit to file a claim seeking judicial 

review of the actions related to a 

proposed railroad project, the California 

High-Speed Rail (HSR) Authority’s 

Bakersfield to Palmdale Project Section 

(Project). These actions grant approvals 

for project implementation pursuant to 

the National Environmental Policy Act 

(NEPA) and other laws, regulations, and 

executive orders. 

DATES: A claim seeking judicial review 

of the agency actions on the Project will 

be barred unless the claim is filed on or 

before September 15, 2023. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 2 years for filing such claim, 

then that shorter time period applies. 

FOR FURTHER INFORMATION CONTACT: 

For the Authority: Scott Rothenberg, 

NEPA Assignment Manager, 

Environmental Services, California 

High-Speed Rail Authority, telephone: 

(916) 403–6936; email: 

Scott.Rothenberg@hsr.ca.gov. 

For FRA: Marlys Osterhues, Division 

Chief, Environment and Project 

Engineering, RPD, telephone: (202) 493– 

0413; email: Marlys.Osterhues@dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 23, 2019, FRA assigned, and the 

State of California acting through the 

Authority assumed, environmental 

responsibilities for the California HSR 

System pursuant to 23 U.S.C. 327. 

Notice is given that the Authority has 

taken final agency actions subject to 23 

U.S.C. 139(l)(1) and 49 U.S.C. 

24201(a)(4) by issuing approvals for the 

Project. 

The purpose of the California HSR 

System 1 is to provide a reliable, highspeed, electric-powered train system 

that links the major metropolitan areas 

of California, delivering predictable and 

consistent travel times. A further 

objective is to provide an interface with 

commercial airports, mass transit, and 

the highway network, and to relieve 

capacity constraints of the existing 

transportation system as increases in 

intercity travel demand in California 

occur, in a manner sensitive to and 

protective of California’s unique natural 

resources. The Authority has selected 

Alternative 2 with the Refined Ce ́sar E. 

Cha ́vez National Monument Design 

Option, Avenue M Maintenance Site 

and Maintenance-of-Way Facility, and 

the Palmdale Station identified in the 

Final Environmental Impact Statement 

(Final EIS) for the Project because the 

Selected Alternative (1) best satisfies the 

Purpose, Need, and Objectives for the 

Project and (2) minimizes impacts on 

the natural and human environment by 

utilizing an existing transportation 

corridor where practicable and 

incorporating mitigation measures. The 

actions by the Authority, and the laws 

under which such actions were taken, 

are described in the Record of Decision 

(ROD) and Final EIS on the Project, 

approved on September 3, 2021. The 

ROD, Final EIS, and other documents 

are available online in PDF at the 

Authority’s website (www.hsr.ca.gov) 

and on CD–ROM by calling (916) 324– 

1541. 

The notice applies to the ROD, Final 

EIS, and all other Federal agency 

decisions with respect to the Project as 

of the issuance date of this notice and 


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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices 51439 

2The Council on Environmental Quality (CEQ) 

issued new regulations on July 14, 2020, effective 

September 14, 2020, updating the NEPA 

implementing procedures at 40 CFR parts 1500 

through 1508. However, this project initiated NEPA 

before the effective date and relies on the CEQ 

regulations as they existed prior to September 14, 

2020. All subsequent citations to the CEQ 

regulations in the ROD and Final EIS refer to the 

1978 regulations, consistent with 40 CFR 1506.13 

(2020) and the preamble at 85 FR 43340. 

all laws under which such actions were 

taken, including but not limited to: 

1. NEPA; 

2. Council on Environmental Quality 

regulations (1978); 2

3. Fixing America’s Surface 

Transportation Act (FAST Act); 

4. Department of Transportation Act 

of 1966, Section 4(f); 

5. Land and Water Conservation Fund 

(LWCF) Act of 1965, Section 6(f); 

6. Clean Air Act Amendments of 

1990; 

7. Clean Water Act of 1977 and 1987; 

8. Endangered Species Act of 1973; 

9. Migratory Bird Treaty Act; 

10. National Historic Preservation Act 

of 1966, as amended; 

11. Executive Order 11990, Protection 

of Wetlands; 

12. Executive Order 11988, 

Floodplain Management; 

13. Executive Order 12898, Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations; 

14. Executive Order 13112, Invasive 

Species. 

Issued in Washington, DC. 

Jamie P. Rennert, 

Director, Office of Infrastructure Investment. 

[FR Doc. 2021–19914 Filed 9–14–21; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2021–0104] 

Agency Request for Approval of a New 

Information Collection(s): 

Disadvantaged Business Enterprise 

(DBE) Program Requirements 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT or Department) 

invites public comments about our 

intention to request the Office of 

Management and Budget’s (OMB) 

approval for an information collection 

for the Department’s Disadvantaged 

Business Enterprise (DBE) program. The 

information collected is necessary to 

maintain successful implementation of 

the DBE program, as it helps ensure that 

state and local recipients of DOT funds 

carry out the program’s mission of 

providing a level playing field for small 

businesses owned and controlled by 

socially and economically 

disadvantaged individuals. We are 

required to publish this notice in the 

Federal Register by the Paperwork 

Reduction Act of 1995 (PRA). 

DATES: Written comments should be 

submitted by October 15, 2021. 

ADDRESSES: You may submit comments 

[identified by Docket No. DOT–OST– 

2021–0104] through one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail or Hand Delivery: Docket 

Management Facility, U.S. Department 

of Transportation, 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. 

FOR FURTHER INFORMATION CONTACT: 

Marc D. Pentino, (202)366–6968, 

marc.pentino@dot.gov or Aarathi Haig, 

aarathi.haig@dot.gov/Departmental 

Office of Civil Rights, Office of the 

Secretary, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: To assist 

in estimating the potential paperwork 

burden of these collections, the 

Department reached out to a small 

number of stakeholders to gain a general 

understanding of how much time they 

spend each year responding to these 

collections. However, the stakeholder 

responses varied so significantly that we 

are concerned the responses blur lines 

between what aspects of the program are 

specifically information collections 

versus more general requirements of the 

program. To help commenters provide 

information that will better allow the 

Department to include the appropriate 

paperwork burden within this 

collection, we offer the following 

clarifications. A ‘‘collection of 

information’’ is defined as ‘‘the 

obtaining, causing to be obtained, 

soliciting, or requiring the disclosure to 

an agency, requiring the disclosure to an 

agency, third parties or the public of 

information by or for an agency by 

means of identical questions posed to, 

or identical reporting, recordkeeping, or 

disclosure requirements imposed on, 

ten or more persons.’’ 5 CFR 

1320.3(c)(1). The activities that 

constitute the ‘‘burden’’ associated with 

a collection are defined in 5 CFR 

1320.3(b)(1) as ‘‘the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency.’’ Importantly, this 

burden is not necessarily the same as 

the entire regulatory burden for a 

program or an aspect of a program. For 

example, if a regulation requires an 

inspection and the completion of a form 

documenting the inspection, the full 

regulatory burden would likely include 

both actions, while the paperwork 

burden would only include the time and 

other resources needed to complete the 

form. 

In addition, the Department believes 

certain recordkeeping requirements 

have not been adequately accounted for 

in the current collection. As stated in 5 

CFR 1320(m), ‘‘Recordkeeping 

requirement means a requirement 

imposed by or for an agency on persons 

to maintain specified records, including 

a requirement to: (1) Retain such 

records; (2) Notify third parties, the 

Federal government, or the public of the 

existence of such records; (3) Disclose 

such records to third parties, the Federal 

government, or the public; or (4) Report 

to third parties, the Federal government, 

or the public regarding such records.’’ 

Thus, recordkeeping requirements can 

attach to records that are not necessarily 

covered by the PRA itself if, as in the 

DBE program, a requirement exists to 

maintain a complete case file. In that 

case, as the case file itself is not 

standardized, it would not be 

considered an information collection 

and the burden associated with 

developing the file would not be a 

paperwork burden. However, the 

requirement to keep that case file and, 

upon request, submit it to the 

Department, would be part of the 

paperwork burden. 

For purposes of this 30-day notice, we 

have included the burden estimates we 

received from the small number of 

stakeholders we contacted as well as 

from the seven comments we received 

from the 60-day notice published in the 

Federal Register on June 15, 2021. As 

noted above, the Department is 

concerned that at least several of these 

estimates contain burdens associated 

with aspects of the program that are not 

paperwork burdens. To the extent 

feasible, the Department requests that 

commenters who provide burden 

estimates for aspects of the program 

identified below be as specific as 

possible, including what amount of time 

each task takes and what, if any, 

additional costs beyond labor costs (e.g., 

copying, mailing, storage, or other 

technology costs) are associated with 

each aspect of the collection. 


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