67238 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket Number: FTA–2013–0019] 

Notice of Availability of Final Guidance 

on the Application of United States 

Code on Corridor Preservation 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of availability of final 

guidance. 

SUMMARY: The FTA announces the 

availability of final guidance on the 

application of a provision of the Moving 

Ahead for Progress in the 21st Century 

Act (MAP–21) regarding corridor 

preservation for future transit projects. 

MAP–21 modified Federal transit law 

by amending a previously existing 

provision such that FTA can now, under 

certain conditions, assist in the 

acquisition of both non-railroad and 

railroad right-of-way (ROW) for corridor 

preservation before the environmental 

review process under the National 

Environmental Policy Act (NEPA) is 

complete for any transit project that 

could eventually use that ROW or could 

later receive FTA financial assistance. 

The final guidance defines the type of 

ROW to which this MAP–21 provision 

applies and explains the conditions and 

requirements pertaining to its 

application. On December 11, 2013, 

FTA announced in the Federal Register 

under docket number FTA–2013–0019 

the availability of draft guidance and 

requested public comment. FTA 

received six comment letters and 

presents its responses to those 

comments in this notice. 

DATES: This final guidance is effective 

on November 12, 2014. 

ADDRESSES: The final guidance is 

available in the U.S. Government’s 

electronic docket site at http://

www.regulations.gov under docket 

number FTA–2013–0019 and on the 

FTA Web site at http://www.fta.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Nancy-Ellen Zusman, Office of Chief 

Counsel, (312) 353–2577 or Terence 

Plaskon, Office of Human and Natural 

Environment, (202) 366–0442. FTA is 

located at 1200 New Jersey Avenue SE., 

Washington, DC 20590. Office hours are 

from 9:00 a.m. to 5:30 p.m., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 20016 of the Moving Ahead 

for Progress in the 21st Century Act 

(MAP–21) amended Federal transit law 

by revising a pre-existing provision and 

moving it to 49 U.S.C. 5323(q) such that 

FTA can now, under certain conditions, 

assist in the acquisition of non-railroad 

right-of-way (ROW) before the 

completion of the National 

Environmental Policy Act (NEPA) 

environmental review process for any 

project that could eventually use that 

ROW or later receive FTA financial 

assistance. The ‘‘environmental review 

process’’ is defined in 23 U.S.C. 

139(a)(3). The new provision of MAP– 

21, which became effective on October 

1, 2012, states: 

(q) CORRIDOR PRESERVATION.— 

(1) IN GENERAL.—The Secretary may 

assist a recipient in acquiring right-of-way 

before the completion of the environmental 

reviews for any project that may use the 

right-of-way if the acquisition is otherwise 

permitted under Federal law. The Secretary 

may establish restrictions on such an 

acquisition as the Secretary determines to be 

necessary and appropriate. 

(2) ENVIRONMENTAL REVIEWS.—Rightof-way acquired under this subsection may 

not be developed in anticipation of the 

project until all required environmental 

reviews for the project have been completed. 

Prior to October 1, 2012, FTA allowed 

this type of corridor preservation only 

for pre-existing railroad ROW to be used 

in a future transit project, pursuant to 

the former provision of Federal transit 

law that was modified and moved by 

MAP–21. MAP–21 removed the word 

‘‘railroad’’ from the provision formerly 

in 49 U.S.C. 5324(c) and moved it to 49 

U.S.C. 5323(q). Pursuant to authority 

delegated by the Secretary, FTA 

developed guidance that would (1) 

specify the conditions under which this 

provision may be used and (2) discuss 

the application of that provision to 

specific situations. 

Comments 

On December 11, 2013, FTA 

announced in the Federal Register (78 

FR 75446) the availability of the draft 

guidance and requested comment on it. 

The notice of availability of the draft 

guidance contained a deadline of 

January 10, 2014, for comment. As of 

the date of issuance of this notice of 

availability of the final guidance, FTA 

considered all comments received in the 

docket. FTA received comments from 

two trade associations, two transit 

agencies, and two members of the 

public. Commenters provided 21 

individual comments on the draft 

guidance. FTA organized these 

comments by topic. This notice 

discusses the comments FTA received, 

provides FTA’s responses to those 

comments, and identifies resulting 

changes FTA made to the guidance. 

Three commenters provided general 

comments that were supportive of the 

draft guidance and requested no 

changes. FTA notes these comments for 

the record. 

Two commenters supported FTA’s 

definition of ROW in the context of 

corridor preservation and thought its 

broad scope had advantages. FTA notes 

these comments for the record. 

Three commenters questioned FTA’s 

position in the draft guidance that once 

the environmental review of a proposed 

project is initiated corridor preservation 

would not be appropriate and FTA 

would not assist in any such 

acquisition. Commenters stated that 

FTA’s guidance should allow ROW 

acquisition at any time before the 

completion of NEPA review. FTA 

considered these comments, agrees with 

this recommendation, and revised the 

guidance to reflect this. As a safeguard 

and to remedy any concern about 

prejudicing the NEPA process, FTA 

notes in the final guidance that a project 

sponsor must certify that the ROW 

acquisition will not limit the choice of 

reasonable alternatives for the project or 

otherwise influence the decision on any 

approval required for the project and 

would not prevent the lead agencies 

from making an impartial decision as to 

whether to accept an alternative that is 

being considered in the environmental 

review process. 

One commenter questioned whether 

corridor preservation must be the 

subject of an environmental review. The 

commenter argued that the mere 

acquisition of title for corridor 

preservation purposes should not be 

subject to NEPA review at all. FTA 

disagrees with this argument. If an 

applicant acquires ROW with FTA 

funds, it is a Federal action. FTA and 

the applicant must then complete an 

environmental review of the acquisition 

itself in accordance with NEPA and all 

other applicable Federal environmental 

laws and regulations. The ROW 

acquisition is treated as a stand-alone 

project with a separate NEPA document. 

If the ROW acquisition does not use 

Federal funds and has no Federal 

approvals, then NEPA would not apply 

to that acquisition; however, NEPA 

would apply to the project using that 

ROW itself if the project receives FTA 

funds. 

Two commenters remarked on the 

appropriate level of NEPA review for 

corridor preservation. One stated that a 

categorical exclusion (CE) should be 

FTA’s ‘‘default approach’’ and that 

approaching corridor preservation in the 

context of a CE would be appropriate in 

the vast majority of circumstances. The 

other commenter felt the guidance 

needed clarification regarding this issue. 

FTA does not take a ‘‘default approach’’ 


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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Notices 67239 

in its environmental review, for corridor 

preservation or otherwise. The 

environmental review of ROW 

acquisition must be completed in 

accordance with NEPA and all other 

applicable Federal laws and regulations. 

FTA acknowledges that the CE found at 

23 CFR § 771.118(d)(4), is potentially 

available for the appropriate level of 

NEPA review for corridor preservation; 

FTA notes, however, that if the CE is to 

be used then the conditions found in 

Sections 771.118(a) and (b) must be met. 

To add clarity, FTA revised the 

guidance to reflect this discussion. 

One commenter questioned the 

guidance’s requirement that all FTA 

planning requirements be satisfied for 

corridor preservation, including having 

the project in the Transportation 

Improvement Program (TIP) and State 

Transportation Improvement Program 

(STIP). If ROW is acquired with FTA 

funds, it is a Federal action and subject 

to FTA’s metropolitan and statewide 

planning requirements, meaning that 

the corridor preservation project must 

be included in Metropolitan 

Transportation Plan (MTP), the TIP and 

STIP. Moreover, even if the property is 

acquired with local funds, the project 

should be in the MTP if it is foreseeable 

that FTA funds are expected to be used 

for the project that would use that ROW. 

Two commenters submitted 

comments on the grants management/

administration portion of the guidance. 

One commenter questioned FTA’s 

expectation that a grantee implement a 

transit project using the ROW within a 

reasonable timeframe. The commenter 

requested FTA articulate criteria for this 

requirement. FTA declines to articulate 

specific criteria, but notes that the 

expectation of FTA is that when it 

provides Federal funds for corridor 

preservation that a project be built on 

that property within a reasonable 

timeframe. This is to ensure a proper 

and appropriate use of Federal funds. 

The final guidance is unchanged and 

states that, in determining the 

appropriate timeframe, FTA will consult 

with the project sponsor and will 

consider the planning status of any 

proposed project that would use the 

ROW. A second commenter questioned 

the guidance’s requirement regarding 

the disposition of the ROW in 

accordance with 49 U.S.C. 5334(h)(1)– 

(3), 49 U.S.C. 5334(h)(4), or 49 CFR 

18.31(c). The commenter recommended 

FTA allow for the repayment of Federal 

funds when for some reason a project 

does not proceed as an option to avoid 

disposition of the ROW. One alternative 

disposition method involves the 

retention of title by the project sponsor 

after compensating the Federal 

awarding agency. This is described in 

FTA’s Grant Management Requirements 

Circular (5010.1D), which sets forth all 

of the real property disposition 

requirements. See http://

www.fta.dot.gov/legislation_law/12349_

8640.html. 

One commenter urged FTA to 

encourage Congress to recognize the 

importance of predictable funding over 

improved streamlining. FTA decided 

that this comment is outside the scope 

of this guidance. 

The final guidance is available in the 

U.S. Government’s electronic docket site 

at http://www.regulations.gov under 

docket number FTA–2013–0019 and on 

the FTA Web site at http://

www.fta.dot.gov. 

Therese W. McMillan, 

Acting Administrator, Federal Transit 

Administration. 

[FR Doc. 2014–26705 Filed 11–10–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Limitation on Claims Against Proposed 

Public Transportation Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for projects in San Diego, CA; Tarrant 

County, TX; and Washington, DC. The 

purpose of this notice is to announce 

publicly the environmental decisions by 

FTA on the subject projects and to 

activate the limitation on any claims 

that may challenge these final 

environmental actions. 

DATES: By this notice, FTA is advising 

the public of final agency actions 

subject to Section 139(l) of Title 23, 

United States Code (U.S.C.). A claim 

seeking judicial review of FTA actions 

announced herein for the listed public 

transportation projects will be barred 

unless the claim is filed on or before 

April 13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Nancy-Ellen Zusman, Assistant Chief 

Counsel, Office of Chief Counsel, (312) 

353–2577 or Terence Plaskon, 

Environmental Protection Specialist, 

Office of Human and Natural 

Environment, (202) 366–0442. FTA is 

located at 1200 New Jersey Avenue SE., 

Washington, DC 20590. Office hours are 

from 9:00 a.m. to 5:30 p.m., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FTA has taken final 

agency actions by issuing certain 

approvals for the public transportation 

projects listed below. The actions on the 

projects, as well as the laws under 

which such actions were taken, are 

described in the documentation issued 

in connection with the projects to 

comply with the National 

Environmental Policy Act (NEPA) and 

in other documents in the FTA 

administrative record for the projects. 

Interested parties may contact either the 

project sponsor or the relevant FTA 

Regional Office for more information on 

each project. Contact information for 

FTA’s Regional Offices may be found at 

http://www.fta.dot.gov. 

This notice applies to all FTA 

decisions on the listed projects as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including, but not limited to, NEPA [42 

U.S.C. 4321–4375], Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303], Section 106 of the 

National Historic Preservation Act [16 

U.S.C. 470f], and the Clean Air Act [42 

U.S.C. 7401–7671q]. This notice does 

not, however, alter or extend the 

limitation period for challenges of 

project decisions subject to previous 

notices published in the Federal 

Register. The projects and actions that 

are the subject of this notice are: 

1. Project name and location: MidCoast Corridor Transit Project, San 

Diego, CA. Project sponsor: San Diego 

Association of Governments (SANDAG). 

Project description: SANDAG proposes 

to extend operation of the San Diego 

Trolley Blue Line from the Santa Fe 

Depot in Downtown San Diego north to 

the Old Town Transit Center (OTTC) 

approximately 3.5 miles via the existing 

Trolley tracks, and then north along 

new tracks for 10.9 miles to the 

University Town Centre Transit Center 

in University City, with nine new 

stations (four at-grade and five aerial) 

and parking facilities at five stations. 

The project includes upgrades to 

existing facilities between Santa Fe 

Depot and the OTTC, park-and-ride 

facilities, and the acquisition of new 

Trolley vehicles. Final agency actions: 

Section 4(f) de minimis impact 

determination; Section 106 finding of no 

adverse effect; project-level air quality 

conformity; and Record of Decision 

(ROD), dated October 15, 2014. 

Supporting documentation: Final 

Supplemental Environmental Impact 

Statement/Subsequent Environmental 

Impact Report, dated October 15, 2014. 

2. Project name and location: TEX 

Rail Corridor Project, Tarrant County, 

TX. Project sponsor: Fort Worth 


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