[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55886-55890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26098]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Environmental Impact Statement for the Altamont Corridor Rail 
Project From Stockton to San Jose, CA

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS).

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SUMMARY: FRA is issuing this Notice to advise other agencies and the 
public that FRA and the California High-Speed Rail Authority 
(Authority) will be preparing an Environmental Impact Report/
Environmental Impact Statement (EIR/EIS) for the Altamont Corridor Rail 
Project proposed by the Authority and the San Joaquin Regional Rail 
Commission (SJRRC) from Stockton to San Jose via the Altamont Pass and 
Tri Valley area, connecting the Northern San Joaquin Valley and the San 
Francisco Bay Area. The Authority and SJRRC are proposing to develop a 
dedicated regional rail corridor through the Altamont Pass and the Tri 
Valley area capable of supporting intercity and commuter rail passenger 
services. The project EIR/EIS will be prepared in compliance with 
relevant Federal and State laws, in particular the National 
Environmental Policy Act (NEPA) and the California Environmental 
Quality Act (CEQA). The Federal Transit Administration (FTA) will serve 
as a cooperating agency for the preparation of the EIR/EIS.
    FRA is issuing this Notice to alert interested parties and solicit 
public and agency input into the development of the scope of the EIS 
and to advise the public that outreach activities conducted by the 
Authority, the SJRRC, and their representatives will be considered in 
the preparation of the combined EIR/EIS.

DATES: Written comments on the scope of the Altamont Corridor Rail 
Project EIR/EIS, including the project's purpose and need, the 
alternatives to be considered, the impacts to be evaluated and the 
methodologies to be used in the evaluations, should be provided to the 
Authority by December 4, 2009. Public scoping meetings are scheduled 
from November 10 to November 18, 2009, at the times and dates listed 
below in Livermore, Stockton, Fremont, and San Jose, California.

ADDRESSES: Written comments on the project scope should be sent to Mr. 
Dan Leavitt, Deputy Director, ATTN: Altamont Corridor Rail Project EIR/
EIS, California High-Speed Rail Authority, 925 L Street, Suite 1425, 
Sacramento, CA 95814, or via e-mail with the Subject line ``Altamont 
Corridor Rail Project EIR/EIS'' to: [email protected]. Comments may 
also be provided orally or in writing at the scoping meetings scheduled 
at the following locations:
     Livermore, CA, November 10, 2009, from 3 p.m. to 8 p.m., 
Robert Livermore Community Center, 4444 East Avenue, Livermore, CA.
     Stockton, CA, November 12, 2009, from 3 p.m. to 8 p.m., 
San Joaquin Council of Governments, 555 E. Weber Avenue, Stockton, CA.
     Fremont, CA, November 17, 2009, from 3 p.m. to 8 p.m., 
Fremont Teen Center, 39770 Paseo Padre Parkway, Fremont, CA.
     San Jose, CA, November 18, 2009, from 3 p.m. to 8 p.m., Le 
Petit Trianon Theatre, 72 North Fifth Street, San Jose, CA.
    The project's purpose and need and the description of alternatives 
currently under consideration for the proposed action will be presented 
at these meetings. The meeting facilities will be accessible to persons 
with disabilities. If special translation or signing services or other 
special accommodations are needed, please contact Ms. Kim Christensen 
at (415) 955-2800 or [email protected] at least 48 hours before 
the scoping meeting. Also, scoping materials will be made available 
through the Authority's Internet site: http://www.cahighspeedrail.ca.gov/.

FOR FURTHER INFORMATION CONTACT: Mr. David Valenstein, Environmental 
Program Manager, Office of Passenger and Freight Programs, USDOT/
Federal Railroad Administration, 1200 New Jersey Avenue, SE. (Mail Stop 
20),

[[Page 55887]]

Washington, DC 20590 (telephone 202-493-6368); or Mr. Dan Leavitt, 
Deputy Director, ATTN: Altamont Corridor Rail Project EIR/EIS, 
California High-Speed Rail Authority, 925 L Street, Suite 1425, 
Sacramento, CA 95814 (telephone: 916-322-1397).

SUPPLEMENTARY INFORMATION: 

Scoping

    The FRA, the Authority, and SJRRC invite all interested 
individuals, and organizations, public agencies, and Native American 
Tribes to comment on the scope of the EIS, including the project's 
purpose and need, the alternatives to be studied, the impacts to be 
evaluated and the evaluation methods to be used. Comments should focus 
on: Alternatives that may be less costly or have fewer environmental or 
community impacts while achieving similar transportation objectives and 
the identification of any significant social, economic, or 
environmental issues related to alternatives.

The Proposed Project

    The Authority and SJRRC are proposing to develop a dedicated 
regional rail corridor through Altamont Pass and the Tri Valley area 
capable of supporting intercity and commuter rail passenger services. 
The project would improve the existing Altamont Commuter Express (ACE) 
service managed by SJRRC by accommodating more trains per day, reducing 
travel times, and eliminating freight railroad delays by providing 
separate passenger tracks. The Altamont Corridor will serve as a feeder 
to the statewide High-Speed Train (HST) System being planned and 
developed by the Authority. The project will consider connections 
between the Altamont corridor and the HST mainline between Stockton and 
Modesto and HST-compatible infrastructure that would allow trains to 
run from one rail line to the other in order to accommodate intercity 
travel between stations along the Altamont Corridor and regional stops 
on the greater statewide HST System.
    The preparation of this Altamont Corridor Rail Project EIR/EIS will 
involve development of preliminary engineering designs and assessment 
of environmental effects associated with the construction, operation, 
and maintenance of the project including track, ancillary facilities, 
and stations along the Altamont Corridor.

Agency Responsibilities

    The Authority was established in 1996 and is authorized and 
directed by statute to undertake the planning for the development of a 
proposed statewide HST System that is fully coordinated with other 
public transportation services. The Authority has jurisdiction for 
planning passenger rail service capable of speeds over 125 miles per 
hour (mph); high-speed equipment may attain speeds higher than 125 
miles per hour when operating on the proposed Altamont Corridor Rail 
Project. The SJRRC manages and operates the current ACE between 
Stockton and San Jose. Because the proposed Altamont Corridor Rail 
Project may include high-speed compatible equipment capable of 
attaining speeds higher than 125 mph, this undertaking is within the 
Authority's statutory authority. It is anticipated that the SJRRC would 
provide regional rail service between the northern San Joaquin Valley 
and the Bay Area through the improved alignment which would be provided 
by the Project.
    The FRA has responsibility for overseeing the safety of railroad 
operations, including the safety of any proposed high-speed rail 
transportation system. For the proposed project, FRA may need to take 
certain regulatory actions prior to operation. The FRA is also 
authorized to provide Federal funding for intercity passenger rail 
capital investments through high-speed and intercity passenger rail 
grant programs created in the Passenger Rail Investment and Improvement 
Act of 2008. The FTA has responsibility for providing Federal funding 
for intra-city commuter rail capital investments. FTA has funded 
improvements in this corridor in the past including intermodal stations 
and park and ride lots.
    To ensure compliance with the various State and Federal 
environmental laws, the Authority is the State lead agency for purposes 
of compliance with CEQA and the FRA is the lead Federal agency for 
purposes of compliance with NEPA. Since FTA maintains an interest in 
transportation improvements in the corridor, it will be a cooperating 
agency in this endeavor in accordance with 40 CFR 1501.6.
    The Altamont Corridor Partnership Working Group (Working Group) was 
established by the Authority to bring together local partners for the 
purpose of identifying goals, objectives, and key features of a joint-
use regional rail improvement in the corridor. Members include the San 
Joaquin Council of Governments, the California Partnership for the San 
Joaquin Valley, Great Valley Center, the Tri Valley Policy Advisory 
Committee, the Alameda County Congestion Management Agency, the 
Metropolitan Transportation Commission, and the Sacramento Area Council 
of Governments, along with service providers including Altamont 
Commuter Express, Bay Area Rapid Transit District (BART), Capitol 
Corridor, SamTrans, and Caltrain. The Working Group recognizes the 
importance of the corridor for regional transportation needs and has 
reached consensus on the corridor limits (Stockton to San Jose), 
principal features including key intermodal connections, and goals and 
objectives which include improving the ACE service in the near term as 
well as developing capability to accommodate high-speed trains through 
connections to the HST System and HST-compatible equipment. The Working 
Group will continue to support the project as it moves forward in the 
planning and implementation process.

Past Planning Efforts

    The Altamont Corridor was studied by the Authority and identified 
as a candidate route to the Bay Area in the Statewide HST System 
Program EIR/EIS. The Authority and FRA further examined the corridor in 
the 2008 Bay Area to Central Valley HST EIR/EIS and selected the 
Pacheco Pass via Gilroy as the route to connect the main line of the 
HST network in the Central Valley with the Peninsula and San Francisco. 
However, in the Bay Area to Central Valley HST EIR/EIS, the Authority 
also indicated that they would pursue a regional joint-use rail project 
in the Altamont Corridor as an independent project to meet a purpose 
and need separate from the proposed HST System, which might provide 
both HST compatible infrastructure and connection(s) to the statewide 
HST System.
    Subsequently, the Authority began to work with a regional 
partnership to plan a joint-use rail line through the Altamont Pass 
that would support new regional intercity and commuter rail services 
operating in Northern California between Stockton and San Jose and 
capable of accommodating HST-compatible equipment. Accordingly, the 
Authority and the SJRRC reached an agreement and are proposing to 
develop a new regional rail line from Stockton to San Jose through the 
Altamont Pass as well as eastern and southern Alameda County to provide 
both commuter and intercity passenger rail service that would improve 
connectivity and accessibility between the Northern San Joaquin Valley 
and the Bay Area. The rail line would be designed and equipped to 
accommodate electrified light-weight passenger trains and would be 
useable by HST-compatible equipment.

[[Page 55888]]

    The development of the Altamont Corridor Rail Project as a 
complement to the Statewide HST System is consistent with the 
Metropolitan Transportation Commission (MTC) Bay Area Regional Rail 
Plan, which identified the Altamont Corridor as a key future northern 
California regional rail route and also noted that development of this 
corridor in conjunction with implementation of the statewide HST System 
could provide greater benefits to the State and region.
    The Altamont Corridor Rail Project EIR/EIS will build upon the Bay 
Area Regional Rail Plan and upon relevant decisions made with the 
statewide HST and Bay Area to Central Valley HST program EIR/EISs. The 
Altamont Corridor EIR/EIS will be carried out in accordance with the 
Council on Environmental Quality (CEQ) regulations (40 CFR 1500 et 
seq.), State CEQA Guidelines (14 California Code of Regulations 
15168(b)) and FRA's Procedures for Considering Environmental Impacts 
(64 FR 28545, May 26, 1999).
    In concert with the spirit of the CEQ's NEPA regulations, FRA will 
encourage incorporation by reference (40 CFR 1502.21) of preceding 
planning and environmental documents. Also, it is one of the mandates 
of the CEQ regulations that Federal agencies reduce paperwork (Sec.  
1500.4), produce a reasonable number of pages without being 
overwhelming (Sec.  1502.7) and create environmental documents that are 
written in plain language and are highly accessible to the reader 
(Sec.  1502.8). The NEPA document will emphasize graphics, virtual 
simulation, and an accessible narrative format. Technical documentation 
will be established in appendices.
    The FRA and the Authority will assess the site characteristics, 
size, nature, and timing of the project to determine whether the 
impacts are potentially significant and whether impacts can be avoided 
or mitigated. The Altamont Corridor Rail Project EIR/EIS will identify 
and evaluate reasonable and feasible site-specific alignment 
alternatives, evaluate the impacts from construction, operation, and 
maintenance of the project, and identify mitigation measures. 
Information and documents regarding the Altamont Corridor Rail Project 
environmental review process will be made available through the 
Authority's Internet site: http://www.cahighspeedrail.ca.gov/.

Purpose and Need of the Proposed Project

    The purpose of the Altamont Corridor Rail Project is to develop a 
joint-use regional rail corridor for intercity passenger rail and 
commuter rail services between Stockton and San Jose via the Altamont 
Pass and the Tri Valley area providing connecting links with the 
statewide HST System. This transportation improvement is necessary to 
facilitate regional intercity and local travel and connectivity through 
the Altamont Pass gateway between the San Francisco Bay Area and the 
Northern San Joaquin Valley. It would provide important regional links 
to the statewide HST network, and replace the ACE with new, faster, 
more frequent intercity and commuter rail services with more trains per 
day and extended hours of operation, consistent with key project goals 
of providing improved travel times and expanded service both to address 
the regional need for an intercity and commuter rail mobility option in 
the I-580/I-205 corridor as well as provide a feeder to the statewide 
HST System.
    The need for the Altamont Corridor Rail Project stems from the 
social and economic ties and travel demand that bind together the 
Northern San Joaquin Valley, the Tri Valley, and the South Bay Area as 
well as high levels of existing and future anticipated growth, travel 
demand, and congestion that will cause environmental degradation and 
higher risks to safety if not addressed. This need cannot be met by the 
existing ACE service or infrastructure which has significant operating 
limitations including:
     Limited capacity single track for much of the route;
     Slow average operating speeds;
     Reliance on dispatching by a third party;
     Service limitations; and
     A Common passenger and freight railroad right-of-way.

Alternatives

    The Altamont Corridor Rail Project EIR/EIS will consider a No 
Action or No Project Alternative and project build alternatives.

No Action Alternative

    The No Action (No Project or No Build) Alternative is defined to 
serve as the baseline for assessment of the project alternatives. The 
No Action Alternative represents the region's transportation system 
(highway, air, and conventional rail) as it exists in 2009, and as it 
would exist after completion of the programs or projects currently 
planned for funding and implementation by 2035. The No Action 
Alternative defines the existing and future intercity transportation 
system for the Altamont Corridor based on programmed and funded 
improvements to the intercity transportation system through 2035, 
according to the following sources of information: the State 
Transportation Improvement Program (STIP), Regional Transportation 
Plans (RTPs) for all modes of travel, airport plans, and intercity 
passenger rail plans.

Project Alternatives

    At this time, no proposed alignments have been identified for the 
Altamont Corridor Rail Project; however, the corridor limits are 
between Stockton and San Jose, California, which are the terminal 
stations for the current ACE service. Specific alignments and station 
locations will be identified along this corridor and evaluated through 
the preparation of this project environmental document. The Altamont 
Corridor Rail Project is intended to include a potential branch east of 
Tracy to allow operation of trains between the Bay Area and points 
north including Stockton and Sacramento as well as points south 
including Modesto and beyond within the statewide HST System. Project 
alternatives are intended to provide intermodal connections to the Bay 
Area Rapid Transit (BART) to serve the Oakland Airport, the cities of 
Oakland and San Francisco as well as other East Bay and South Bay 
locations via BART. Intermodal connections to BART would be provided in 
the Livermore vicinity, should the Dublin/Pleasanton BART line be 
extended, as well as in the Fremont/Union City vicinity, either meeting 
the existing Fremont line or the Warm Springs/San Jose extension. The 
Altamont Corridor Rail Project may also accommodate a future connection 
to the Dumbarton rail service in the Fremont/Union City vicinity as 
well as an intermodal connection to the Valley Transportation Authority 
(VTA) light rail network in Santa Clara County. Additionally, the 
project will accommodate feeder and connecting bus services providing 
access to proximate market areas and interfacing with regional bus 
links where appropriate.
    Selected Planning Requirements: To meet the purpose and need, the 
following initial considerations and potential requirements for project 
alternatives have been identified:
     Number of Tracks--Two main tracks with appropriately 
located crossovers should be sufficient to support frequent intercity 
and regional

[[Page 55889]]

service in the Altamont Corridor. Although the operating plan may 
include regional trains making all stops in addition to regional 
limited service intercity trains which would skip selected stops, two 
track stations are expected to be sufficient.
     Maximum Speed/Horizontal Curves--The ultimate project goal 
is to accommodate lightweight electric multiple-unit trains which could 
be operated on other parts of the statewide HST network. The existing 
corridor has sections which pass through rural areas with stations 12 
or more miles apart. Under these conditions, speeds in excess of 125 
mph, possibly exceeding 150 mph could be attained (as was identified 
for sections in the San Joaquin Valley in Bay Area to Central Valley 
HST EIR/EIS). A maximum speed will not be established until alignment 
options and station locations are identified in more detail. The 
ultimate alignment speed will be determined by identifying a cost-
effective solution taking into account station spacing, profile grades, 
safety, and vehicle technology. Accordingly, the planning standard for 
horizontal curves will be developed to support the highest feasible 
speed where the alignment is unconstrained.
    Alternatives Analysis: Further engineering studies will examine and 
refine alignments in the selected corridor, including previously 
considered alignment alternatives contained in the Bay Area Regional 
Rail Plan, the 2008 Bay Area to Central Valley HST EIR/EIS, 
alternatives that may be suggested in scoping, and other alternatives 
within the study corridor that would satisfy the purpose and need of 
the project. Alignment options for evaluation in the EIR/EIS will be 
selected by the Authority and FRA, in cooperation with the SJRRC and 
FTA, after considering the project purpose and need, practicality, 
feasibility, travel time, train speed, cost, safety, local access 
times, potential connections with other modes of transportation, 
ridership potential, the distribution of population and major 
destinations along the route, local planning constraints/conditions, 
and environmental considerations.
    Station location options will be identified in conjunction with 
candidate alignments and evaluated by the Authority and FRA taking into 
account travel time, train speed, cost, local access times, potential 
connections with other modes of transportation, ridership potential, 
the distribution of population and major destinations along the route, 
and local planning constraints/conditions. Station area development 
policies to encourage transit-friendly development near and around 
proposed stations will be prepared in coordination with local and 
regional planning agencies to promote higher density, mixed-use, 
pedestrian-oriented development around the stations. Although no 
specific station sites have been identified, candidate locations 
developed in cooperation with the Working Group include: Stockton, 
Modesto, Tracy, Livermore, Pleasanton, Fremont/Union City, Milpitas, 
and San Jose. Additional station locations may be considered, including 
those suggested in scoping. Multimodal opportunities would also be 
considered at stations in Stockton, Modesto, Livermore, Fremont/Union 
City, Milpitas, and San Jose to connect with the HST mainline, BART, 
Caltrain, and VTA.
    Implementation Phasing: Due to the length of the corridor, it is 
anticipated that the project would be implemented in phases. Although 
specific phasing cannot be identified until the project alternatives 
are defined and evaluated, consideration will be given to identifying 
``building blocks'' both with regard to geographic segments as well as 
levels of investment (e.g., improved conventional service vs. high-
speed electrified service) which would be combined in a logical fashion 
to provide a corridor development plan. As a result, portions of the 
project could be implemented to provide near-term improvements to the 
existing ACE service. As connecting with BART is essential to provide 
access to the greater Bay Area including Oakland, consideration will be 
given to project phases meeting BART either in Livermore (with a BART 
extension) or in the Fremont/Union City vicinity.

The EIS Process and the Role of Participating Agencies and the Public

    The purpose of the EIR/EIS process is to explore in a public 
setting the potentially significant effects of implementing the 
proposed action on the physical, human, and natural environment. Areas 
of investigation will be developed during the scoping process and may 
include, but not be limited to, transportation impacts; safety and 
security; land use and zoning; indirect and cumulative impacts; land 
acquisition, displacements, and relocations; cultural resource impacts, 
including impacts on historical and archaeological resources and 
parklands/recreation areas; neighborhood compatibility and 
environmental justice; natural resource impacts including air quality, 
wetlands, water resources, noise, vibration, energy, wildlife; and 
ecosystems, including endangered species and temporary construction 
impacts.
    FRA and the Authority will comply with all environmental laws, 
regulations, and executive orders applicable to the proposed project 
during the environmental review process to the maximum extent 
practicable. These requirements include, but are not limited to, the 
regulations of the CEQ implementing NEPA (40 CFR parts 1500-1508), 
State CEQA Guidelines (14 California Code of Regulations 15168(b)) and 
FRA's Procedures for Considering Environmental Impacts (64 FR 28545, 
May 26, 1999), project-level air quality conformity regulation of the 
U.S. Environmental Protection Agency (EPA) (40 CFR part 93(b)), Section 
404(b)(1) EPA guidelines (40 CFR part 230), Executive Orders 11988, 
11990, and 12898 regarding floodplains, wetlands, and environmental 
justice, respectively, Section 106 of the National Historic 
Preservation Act (36 CFR part 800), Section 7 of the Endangered Species 
Act (50 CFR part 402), and Section 4(f) of the Department of 
Transportation Act (49 USC 303). Measures to avoid, minimize, and 
mitigate all adverse impacts will be identified and evaluated.

Scoping and Comments

    FRA encourages broad participation in the EIS process during 
scoping and review of the resulting environmental documents. Comments 
and suggestions are invited from all interested agencies, Native 
American Tribes, and the public at large so that the full range of 
issues related to the proposed action and all reasonable alternatives 
are addressed and that all significant issues are identified. In 
particular, FRA is interested in learning whether there are areas of 
environmental concern where there might be a potential for significant 
impacts. Public agencies with jurisdiction are requested to advise FRA 
and the Authority of the applicable permit and environmental review 
requirements of each agency, and the scope and content of the 
environmental information that is germane to the agency's statutory 
responsibilities in connection with the proposed project. Public 
agencies are requested to advise FRA if they anticipate taking a major 
action in connection with the proposed project and if they wish to 
cooperate in the preparation of the project EIS/EIR.
    Public scoping meetings have been scheduled as an important 
component of the scoping process for both the State and Federal 
environmental review. The scoping meetings described in this Notice 
will be advertised locally and

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additional public notice will be provided separately with the dates, 
times, and locations of these scoping meetings.

    Issued in Washington, DC, on October 23, 2009.
Mark E. Yachmetz,
Associate Administrator for Railroad Development, Federal Railroad 
Administration.
[FR Doc. E9-26098 Filed 10-28-09; 8:45 am]
BILLING CODE 4910-06-P