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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Docket No. FRA 20210037

Surface Transportation Project Delivery Program; California HighSpeed Rail Authority Audit Report Federal Railroad Administration FRA, U.S. Department of Transportation DOT.
ACTION: Notice.
AGENCY:

The Surface Transportation Project Delivery Program STPD
Program, often referred to as the NEPA
Assignment Program, allows a State to assume FRAs 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 States involvement in the STPD Program, ensuring CHSRAs compliance with program requirements.
This notice finalizes FRAs findings of the first-year audit of CHSRA
participation in the STPD Program.
FOR FURTHER INFORMATION CONTACT:
Andrea Martin, Senior Environmental Protection Specialist, Office of Railroad Policy and Development RPD, telephone: 202 4936201, email:
Andrea.Martin@dot.gov; or Marlys Osterhues, Chief Environment and Project Engineering, RPD, telephone:
202 4930413, 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 FRA20210037 at www.regulations.gov.
Background: FRAs annual audits are the primary mechanism to: 1 Oversee CHSRAs compliance with the STPD
Program, the section 327 MOU, and applicable Federal laws and policies under NEPA; 2 determine CHSRAs attainment of the performance measures identified in part 10 of the section 327
MOU; and 3 collect information needed for the Secretary of Transportations annual report to Congress pursuant to 23 U.S.C. 327i.
FRA will conduct three more annual audits consistent with 23 U.S.C. 327g
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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 810, 2020
Executive Summary This report summarizes the results of FRAs first audit of the CHSRAs 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 FRAs 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 CHSRAs 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 FRAs environmental responsibilities for review, consultation, and compliance for railroad projects. When a State assumes these Federal responsibilities, the State becomes solely liable for
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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 FRAs responsibilities under NEPA, and the responsibilities for NEPA-related Federal environmental laws described in the section 327 MOU.
Section 327g 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 CHSRAs compliance with the provisions set forth in the section 327 MOU. FRAs annual audits, conducted pursuant to 23 U.S.C. 327g, will be the primary mechanism to: 1
Determine the States compliance with this MOU and applicable Federal laws and policies; 2 confirm the States attainment of the performance measures identified in part 10 of the section 327
MOU; and 3 collect information needed for the Secretary of Transportations annual report to Congress pursuant to 23 U.S.C. 327i.
FRA will conduct three more annual audits consistent with 23 U.S.C. 327g 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 CHSRAs NEPA project files; CHSRAs 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
MOUs 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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