Notice2022-24523
Notice of Final Agency Actions on Proposed Railroad Project in California, on Behalf of the California High-Speed Rail Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 10, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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. The actions relate to the California High-Speed Rail San Francisco to San Jose 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.
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Page 67992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24523]
[[Page 67992]]
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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), Department of
Transportation (DOT).
ACTION: Notice.
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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.
The actions relate to the California High-Speed Rail San Francisco to
San Jose 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 November
12, 2024. If Federal law later authorizes 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: <a href="/cdn-cgi/l/email-protection#fba898948f8fd5a9948f939e95999e899cbb938889d5989ad59c948d"><span class="__cf_email__" data-cfemail="6231010d16164c300d160a070c00071005220a11104c01034c050d14">[email protected]</span></a>.
For FRA: Lana Lau, Supervisory Environmental Protection Specialist,
Office of Environmental Program Management (RRD-30), telephone: (202)
923-5314; email: <a href="/cdn-cgi/l/email-protection#e4a8858a85caa88591a4808b90ca838b92"><span class="__cf_email__" data-cfemail="ce82afa0afe082afbb8eaaa1bae0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Effective July 23, 2019, the FRA assigned,
and the State of California acting through the Authority assumed,
environmental responsibilities for the California High-Speed Rail (HSR)
System pursuant to 23 U.S.C. 327. Notice is hereby 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, high-speed, 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.
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\1\ The 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.
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The Authority has selected the HSR Build Alternative A, with
modified Caltrain stations for HSR at 4th and King Street and Millbrae
Station, the Millbrae Station Design, the East Brisbane light
maintenance facility, and associated project elements, for the portion
of the Project between the 4th and King Street Station in San Francisco
and Scott Boulevard in Santa Clara, as identified in the Final
Environmental Impact Statement (Final EIS) and Record of Decision (ROD)
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 where practicable.
The Authority previously approved the portion of the Project
between Scott Boulevard in Santa Clara and West Alma Avenue in San Jose
(including the San Jose Diridon Station) as part of the San Jose to
Merced Project Section (87 FR 37373). The actions by the Authority, and
the laws under which such actions were taken, are described in the
Project's Final EIS published on June 10, 2022, and the ROD signed on
October 14, 2022. The ROD, Final EIS, and other documents will be
available online in PDF at the Authority's website (<a href="http://www.hsr.ca.gov">www.hsr.ca.gov</a>) and
via electronic media by calling (916) 324-1541.
This 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 all laws under which such actions were taken, including
but not limited to:
1. NEPA;
2. Council on Environmental Quality regulations (1978); \2\
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\2\ The Council on Environmental Quality (CEQ) issued new
regulations on July 14, 2020, effective September 14, 2020, updating
the NEPA implementing procedures at 40 CFR 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.
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3. Fixing America's Surface Transportation Act;
4. Department of Transportation Act of 1966, Section 4(f);
5. Land and Water Conservation Fund 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. 2022-24523 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-06-P
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