Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices 52289 

23The Department will solicit proposals on a 

confidential basis given the sensitive commercial 

information that they are likely to contain. 

maximum level of competition with the 

available public assets. 

In determining which LCC or ULCC 

would provide the maximum 

competition, the Department tentatively 

proposes to consider, among other 

factors, carriers’ business model and 

track record to ensure that they have the 

ability and stamina to provide the level 

of competition required. The business 

model and track record will be 

determined by analysis of revenue, 

traffic, and schedule data. More 

specifically, the Department will 

consider: 

• Business model and product 

offering that allow the carrier to 

effectively compete, including the 

extent to which offering low fares to 

large numbers of travelers is core to its 

business proposition across markets; 

• Record of entering and effectively 

competing in markets like those served 

by dominant carrier(s) at Newark; 

• Staying power and track record in 

highly competitive markets, especially 

vis-a`-vis the specific hub carrier and at 

network carrier hubs and focus cities 

where the competitive responses from 

incumbent airlines to new entry by 

price competitors may be particularly 

aggressive; and 

• Ability to appeal to a broad cross 

section of passengers by offering a 

competitive schedule with (at least) 

minimum levels of daily and weekly 

frequency appropriate for the market(s) 

at issue, along with reasonably 

competitive onboard products and 

services and the ability to deliver them 

to customers consistently over time. 

The Department tentatively proposes 

to evaluate eligible carriers based on the 

above criteria. 

Comments Requested 

The Department requests comments 

on various aspects of the proposed 

process outlined in this notice. 

Specifically, the Department seeks 

comments on its tentative decision to 

approve schedule plans, for a single 

carrier, to operate in the 16 peak-hour 

runway timings as soon as possible; its 

tentative decision to limit eligibility to 

LCC and ULCC carriers; and its 

proposed evaluation criteria. The 

Department will consider comments 

outside of the scope of this request as 

nonresponsive. Comments must be filed 

in this docket and are due not later than 

September 27, 2021. 

Since the issuance of the D.C. 

Circuit’s decision, the Department has 

received letters from interested 

stakeholders. Any correspondence 

related to the specific issues discussed 

in this notice have been included in the 

docket. 

The Department will consider all 

responsive comments received and 

issue a further notice finalizing its 

decision and soliciting proposals from 

eligible carriers. If no responsive 

comments are received, the Department 

may proceed directly to issuing a notice 

requesting proposals and providing 

instruction for doing so.23

Issued in Washington, DC, on September 

16, 2021. 

Carol Annette Petsonk, 

Deputy Assistant Secretary for Aviation and 

International Affairs, U.S. Department of 

Transportation. 

Virginia T. Boyle, 

Vice President, System Operations Services, 

Federal Aviation Administration. 

[FR Doc. 2021–20399 Filed 9–16–21; 4:15 pm] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final State Agency Actions 

Under 23 U.S.C. 327 on I–17, Anthem 

Way to Jct. SR 69 in Maricopa County 

and Yavapai County, AZ 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The FHWA, on behalf of the 

Arizona Department of Transportation 

(ADOT), is issuing this notice to 

announce actions taken by ADOT and 

other relevant Federal agencies that are 

final. The actions relate to the 

Categorical Exclusion (CE) d-list action 

for—Other qualified project 

individually documented and approved 

under paragraph (d)—for the proposed 

project I–17, Anthem Way to Jct. SR 69 

in Maricopa and Yavapai County, AZ. 

The actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, FHWA, on behalf 

of ADOT, is advising the public of final 

agency actions subject to 23 U.S.C. 

139(l)(1). A claim seeking judicial 

review of the Federal agency actions 

with authority on the highway project 

will be barred unless the claim is filed 

on or before February 17, 2022. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 150 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Steven Olmsted, NEPA Assignment 

Manager, Environment Planning, 

Arizona Department of Transportation, 

205 S 17th Avenue, MD EM02, Phoenix, 

Arizona 85007; telephone: (480) 202– 

6050, email: solmsted@azdot.gov. The 

Arizona Department of Transportation 

normal business hours are 8:00 a.m. to 

4:30 p.m. (Mountain Standard Time). 

You may also contact: Mr. Paul 

O’Brien, Environmental Planning 

Administrator, Arizona Department of 

Transportation, 205 S 17th Avenue, MD 

EM02, Phoenix, Arizona 85007; 

telephone: (480) 356–2893, email: 

POBrien@azdot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

April 16, 2019, the FHWA assigned and 

ADOT assumed environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327 and a Memorandum of 

Understanding executed by FHWA and 

ADOT. 

Notice is hereby given that ADOT and 

other relevant Federal agencies have 

taken final agency actions by issuing 

licenses, permits, and approvals for the 

following project in the State of 

Arizona: I–17, Anthem Way to Jct. SR 69 

in Maricopa and Yavapai County, AZ. 

The actions by ADOT and other relevant 

Federal agencies and the laws under 

which such actions were taken, are 

described in the CE d-list action for— 

Other qualified project individually 

documented and approved under 

paragraph (d)—approved on May 26, 

2021, and in other documents in the 

administrative record. The CE and other 

project records are available by 

contacting ADOT at the addresses 

provided above. Project information is 

also available online at: https://

azdot.gov/projects/central-districtprojects/i-17-widening-andimprovement-project-anthem-waysunset-point. 

This notice applies to all ADOT and 

other relevant 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]. 

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

7671(q)]. 

3. Land: Section 4(f) of the U.S. 

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]. 

52290 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices 

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)–11]; 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: 

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]; Flood 

Disaster Protection Act [42 U.S.C. 4001– 

4128]. 

8. Water: Clean Water Act 33 U.S.C. 

1251–1387. 

9. 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.) 

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

Issued on: September 13, 2021. 

Karla S. Petty, 

Arizona Division Administrator, Phoenix, 

Arizona. 

[FR Doc. 2021–20131 Filed 9–17–21; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2021–0082] 

Draft General Conformity 

Determination for the California HighSpeed Rail System Burbank to Los 

Angeles Section 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice; request for comment. 

SUMMARY: FRA is issuing this notice to 

advise the public that a draft General 

Conformity Determination for the 

Burbank to Los Angeles Section of the 

California High-Speed Rail (HSR) 

System is available for public and 

agency review and comment. 

DATES: Comments must be received on 

or before October 20, 2021. 

ADDRESSES: Comments related to Docket 

No. FRA–2021–0082 may be submitted 

by going to http://www.regulations.gov 

and following the online instructions for 

submitting comments. 

Instructions: All submissions must 

include the agency name and docket 

number (FRA–2021–0082). All 

comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. Please see the 

Privacy Act Statement heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: For access to the docket to 

read the draft General Conformity 

Determination, background documents, 

or comments received, go to https://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

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 

Corridor Planning, RPD, telephone: 

(202) 493–0413, email: 

Marlys.Osterhues@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Privacy Act Statement: FRA will post 

comments it receives, without edit, to 

www.regulations.gov, as described in 

the system of records notice, DOT/ALL– 

14 FDMS, accessible through 

www.dot.gov/privacy. To facilitate 

comment tracking and response, we 

encourage commenters to provide their 

name, or the name of their organization; 

however, inclusion of names is 

completely optional. Whether 

commenters identify themselves or not, 

all timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

Background: The California HighSpeed Rail Authority (CHSRA) is 

advancing the environmental review of 

the Burbank to Los Angeles Section 

(Project) of the California HSR System 

pursuant to 23 U.S.C. 327, under which 

it has assumed FRA’s environmental 

review responsibilities. However, under 

Section 327, FRA remains responsible 

for making General Conformity 

Determinations under the Clean Air Act. 

This draft General Conformity 

Determination documents FRA’s 

evaluation of the Burbank to Los 

Angeles Section, consistent with the 

relevant section of the Clean Air Act 

and its implementing regulations. 

FRA’s analysis of the Project’s 

potential emissions, completed in close 

collaboration with CHSRA and 

informed by CHSRA’s coordination with 

U.S. Environmental Protection Agency, 

South Coast Air Quality Management 

District (SCAQMD) and the California 

Air Resources Board, found that Projectgenerated emissions will either be offset 

for its construction phase, or will be less 

than zero for its operational phase; and 

therefore, the Action’s emissions can be 

accommodated in the Statewide 

Implementation Plan (SIP) for the South 

Coast Air Basin. FRA concludes that the 

Project, as designed, will conform to the 

approved SIP, based on a commitment 

from the CHSRA that constructionphase NOX emissions will be offset 

consistent with the applicable federal 

regulations in the SCAQMD. 

Next Steps 

The draft General Conformity 

Determination for the California HighSpeed Rail System, Burbank to Los 

Angeles Section is being issued for 

public review and comment for 30-days 

at Docket No. FRA–2021–0082. 

Comments related to Docket No. FRA– 

2021–0082 may be submitted by going 

to http://www.regulations.gov and 

following the online instructions for 

submitting comments. Although CHSRA 

is assisting FRA by disseminating notice 

of the availability of the draft General 

Conformity Determination through its 

usual outreach methods, CHSRA is not 

accepting comments on behalf of FRA. 

FRA cannot ensure consideration of any 

comment that is not submitted via 

http://www.regulations.gov. FRA will 

consider all relevant comments it