[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Page 78424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30372]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket Number: FTA-2008-0054]


Notice of Availability of Guidance on the Application of 49 
U.S.C. 5324(c), Railroad Corridor Preservation, and Request for 
Comments

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability; request for comments.

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SUMMARY: This notice by the Federal Transit Administration (FTA) 
announces the availability of proposed guidance on the application of a 
provision of the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (SAFETEA-LU) concerning the acquisition 
of railroad right-of-way for transit projects. The guidance explains 
FTA's interpretation of the provision, which allows the acquisition of 
pre-existing railroad right-of-way, under certain conditions, before 
the completion of the environmental review for a transit project that 
would use the right-of-way. FTA requests comments on this guidance, 
which is available on the U.S. Government electronic docket site and on 
the FTA Web site.

DATES: Comments must be received by January 21, 2009. Comments filed 
after the deadline will be considered to the extent practicable.

ADDRESSES: You must include the agency name (Federal Transit 
Administration) and the docket number (FTA-2008-0054) with your 
comments. To ensure your comments are not entered into the docket more 
than once, please submit comments, identified by the docket number 
[FTA-2008-0054], by only one of the following methods:
    1. Web site: The U.S. Government electronic docket site is http://www.regulations.gov. Go to this Web site and follow the instructions 
for submitting comments into docket number FTA-2008-0054.
    2. Fax: Telefax comments to (202) 493-2251.
    3. Mail: Mail your comments to U.S. Department of Transportation, 
1200 New Jersey Avenue SE., Docket Operations, M-30, Room W12-140, 
Washington, DC 20590.
    4. Hand Delivery: Bring your comments to the U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, 
West Building, Ground Floor, Room W12-140, Washington, DC 20590 between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joseph Ossi, Office of Planning and 
Environment (TPE-30), 202-366-1613, or Christopher VanWyk, Office of 
Chief Counsel (TCC-30), 202-366-1733, Federal Transit Administration, 
U.S. Department of Transportation, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Section 3024 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU) added a new provision at 49 U.S.C. 5324(c) that allows a 
grant applicant, under conditions that may be specified by the 
Secretary of Transportation, to acquire existing railroad right-of-way 
prior to the completion of the environmental review of the 
transportation project(s) that will eventually use that right-of-way. 
Under authority delegated by the Secretary, FTA has developed proposed 
guidance that would (1) specify the conditions under which this 
provision may be used and (2) give guidance on applying that provision 
to specific situations. We request your comments on the guidance, which 
is available in the U.S. Government's electronic docket site at http://www.regulations.gov under docket number FTA-2008-0054 and on the FTA 
Web site at http://www.fta.dot.gov under ``Planning and Environment.'' 
FTA will respond to comments received on this Notice in a second 
Federal Register notice to be published after the close of the comment 
period. That second notice is expected to announce the availability of 
final guidance that reflects the changes implemented as a result of 
comments received.

    Issued on: December 16, 2008.
Sherry E. Little,
Acting Administrator.
 [FR Doc. E8-30372 Filed 12-19-08; 8:45 am]
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