[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Notices]
[Pages 57447-57449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22598]



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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Environmental Impact Statement for the ACEforward Program From 
Merced, Modesto and Stockton to San Jose, California

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 San Joaquin Regional Rail Commission (SJRRC) 
will jointly prepare an Environmental Impact Statement (EIS) and 
Environmental Impact Report (EIR) for the Altamont Corridor Express 
(ACE) program also known as the ACEforward Program in compliance with 
the National Environmental Policy Act of 1969 (NEPA) and the California 
Environmental Quality Act (CEQA).
    The EIS will analyze potential impacts of the proposed action of 
improving and expanding existing corridor rail service between Stockton 
and San Jose, California and extending new rail service to Modesto and 
Merced, California. FRA has responsibility for overseeing the safety of 
railroad operations and may need to take certain regulatory action 
prior to operation of the new or expanded service. FRA is authorized to 
provide Federal funding for intercity passenger rail capital 
investments and may provide financial assistance for the program, 
including grant funding. FRA will serve as the federal lead agency for 
the preparation of the EIS. SJRRC will serve as the state lead agency 
for the preparation of the EIR. The Federal Transit Administration 
(FTA) has responsibility for providing Federal funding for intra-city 
commuter rail capital investments and has funded improvements in this 
corridor in the past, including intermodal stations and park-and-ride 
lots. Since FTA maintains an interest in transportation improvements in 
the corridor, it will be a cooperating agency in accordance with 40 CFR 
1501.6.
    FRA is publishing this notice to 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 FRA, SJRRC and their 
representatives will be considered in the preparation of the EIR/EIS.

DATES: Public scoping meetings were advertised locally and held in 
Santa Clara, Fremont, Modesto, Livermore, and Tracy, California from 
July 22 to July 30, 2013. The program's purpose and need and the 
description of alternatives under consideration for the proposed action 
were presented at these meetings. Scoping materials and information 
concerning the scoping meetings is available through the SJRRC's 
Internet site: http://www.acerail.com/About/Public-Projects/ACEforward.

ADDRESSES: Written comments on the scope of the ACEforward Program EIR/
EIS, including the program'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 FRA and/or SJRRC 
within thirty (30) days of the publication of this notice. Written 
comments may be sent to Mr. Dan Leavitt, Manager of Regional 
Initiatives, ATTN: ACEforward Program EIR/EIS, 949 East Channel Street, 
Stockton, CA 95202, or via email with the Subject Line ``ACEforward 
Program EIR/EIS'' to: [email protected]. Comments may also be sent 
to Ms. Stephanie Perez, Environmental Protection Specialist, Office of 
Railroad Policy and Development, Federal Railroad Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-0388.

SUPPLEMENTARY INFORMATION:

Past Planning Efforts

    SJRRC and the California High Speed Rail Authority (CHSRA) 
conducted planning for the Altamont Corridor Rail Project (ACRP) from 
2009 to 2012 to develop a dedicated regional rail corridor from 
Stockton and Modesto to San Jose through the Altamont Pass. This 
planning for commuter and intercity passenger rail service to 
accommodate electric powered passenger trains. The ACRP would service 
regional transportation needs and would provide an opportunity to link 
to the planned California High Speed Train (HST) system.
    The ultimate-build concept of the ACRP included a grade-separated, 
independently-owned right of way for electrified service from Stockton 
to San Jose. While the ultimate-build concept of the ACRP remains a 
long-term potential, SJRRC has identified shorter term goals to 
modernize the existing ACE service that would provide faster intercity 
and commuter train service and a connector link between Stockton, 
Merced, and San Jose as early as within the next 10 years. The 
ACEforward Program includes a new suite of improvements developed by 
SJRRC to deliver those present goals. The EIR/EIS will address the 
ACEforward Program. If the ultimate-build concept is to be implemented 
in the future, it would be the subject of a separate environmental 
review process.
    As of June 2013, the SJRRC is now advancing the ACEforward Program. 
ACEforward is consistent with the Metropolitan Transportation 
Commission Bay Area Regional Rail Plan, which identified the Altamont 
Corridor as a key future northern California regional rail route. 
ACEforward will build upon the Bay Area Regional Rail Plan and the 
prior planning for the ACRP. ACEforward is also consistent with the 
CHSRA 2012 Business Plan in relation to providing an opportunity to 
connect existing intercity and commuter rail services to future HST 
service.

Purpose and Need of the Proposed Program

    The purpose of the ACEforward Program is to implement a suite of 
improvements to reduce travel time, increase service reliability and 
flexibility, improve passenger facilities and extend the ACE rail 
system to downtown Modesto and downtown Merced.
    The need for the ACEforward Program is to enhance intercity rail 
services in the northern San Joaquin Valley of the ACE corridor 
connecting the Southern Bay area with the Tri-Valley and the San 
Joaquin Valley. This need stems from the social and economic ties and 
travel demand that bind together the Northern San Joaquin Valley, the 
Tri-Valley and the Southern Bay area, as well as high levels of 
existing and anticipated growth, travel demand, and congestion that 
will likely cause environmental degradation and higher safety risks, if 
not addressed. This need cannot be met by the existing ACE service or 
infrastructure, which has significant operating limitations, such as 
limited capacity single track for much of the route, slow average 
operating speeds, service limitations, and lack of existing service to 
Modesto and Merced.
    An expanded and improved ACE would provide an alternative to 
automobile transportation that would help lower greenhouse gas 
emissions, improve air quality, and further regional land use and 
transportation planning goals under Senate Bill (SB) 375 and other 
local, regional, and state sustainability initiatives. In addition to 
the environmental and mobility benefits of expanded intercity rail 
service with downtown stations, an improved ACE would provide a 
catalyst for smart growth in communities by revitalizing city core 
areas and addressing traffic

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congestion issues in the cities of the northern Central Valley. The 
extensions to Modesto and Merced, while servicing existing intercity 
transportation needs, will also provide future opportunities to link to 
the expanding HST system.
    SJRRC, along with other rail providers, has partnered with the 
Union Pacific Railroad Company (UPRR) in a Memorandum of Understanding 
(MOU) to identify improvements needed to increase ACE service, which 
are included in the ACEforward Program. UPRR has agreed to validate 
previously identified improvements associated with the near-term 
increase of daily round-trips as well as study additional improvements 
that may be required to support further service expansion.

Proposed Program

    ACEforward is a phased improvement program to reduce travel time 
and improve service reliability and passenger facilities along the 
existing Stockton to San Jose corridor, and to extend ACE rail service 
to Modesto and to Merced. This program would provide the foundation for 
the long term plan for SJRRC intercity passenger rail services.
    The program would improve the existing ACE service managed by SJRRC 
by delivering safety and operational improvements that enable expansion 
of service to six daily round trips between Stockton and San Jose and 
extending ACE service to Modesto, which could occur as early as 2018. 
Following that, the program would extend ACE service to Merced and 
service frequency from Stockton to San Jose would increase to 10 or 
more daily round trips, perhaps as soon as 2022.
    The ACEforward EIR/EIS will include development of preliminary 
engineering designs and assessment of environmental effects associated 
with the construction, operation, and maintenance of rail improvements, 
including new track corridors, additional track, track realignments, 
ancillary facilities, new stations, and station improvements along the 
Altamont Corridor.
    The FRA and SJRRC will use a tiered process for the environmental 
review, as provided for in 40 CFR 1508.28 and in accordance with FRA 
Guidance. Tiering is a staged environmental review process. Tier-1 (or 
programmatic) analysis comprehensively reviews the environmental, 
impacts of a program of improvements at a broad conceptual level of 
analysis including cumulative impacts. Tier-2 (or project) analysis is 
conducted for specific improvements that are sufficiently designed to 
allow for a detailed analysis of site-specific compenent projects and 
alternatives and identification and disclosure of related environmental 
impacts. Improvements analyzed at a Tier-1 level of review would 
subsequently be reviewed at a Tier-2 level before they can be approved 
and constructed at a project level. The EIS/EIR for ACEforward will 
include both a Tier-1 and Tier-2 analysis as discussed below.

Programmatic (Tier-1) Analysis

    The analysis will describe impacts at a conceptual level of detail 
focused on the selection of corridors for new service and general 
environmental impacts associated with that selection. The EIR/EIS will 
programmatically analyze the following:
     Stockton to San Jose Improvements
    [cir] Increase of service to 10 trains or more in the future, 
including corridor improvements necessary to support such increases. 
This will include analysis of potential pinch points identified by UPRR 
in Niles Canyon, between Newark and Alviso, and between Santa Clara and 
San Jose.
    [cir] Potential shift in service to a new passenger route along 
UPRR through downtown Tracy. This improvement would allow for a 
downtown Tracy station with improved transit connections and close to 
urban infill/mixed use development in the City.
    [cir] Potential new stations at River Islands in Lathrop and 
downtown Tracy. A new station in Lathrop would allow for increased 
ridership potential. Relocation of the Tracy station would allow the 
benefits noted above.
    [cir] Potential improved connection to Bay Area Rapid Transit 
(BART) service in the Tri-Valley area that would increase connectivity.
     New extension to Merced
    [cir] Expansion of service to Merced using existing UPRR track, new 
track built within the UPRR right-of-way, new track outside the UPRR 
right-of-way, or some combination thereof.
    [cir] Up to 10 or more daily round trip trains and new downtown 
stations in Turlock and Merced. Additional connections and stations 
would increase ridership and allow greater opportunities for 
alternatives to vehicle travel for San Joaquin Valley residents.
     The programmatic analysis will also address all project 
elements included in the project level or Tier-2 Analysis as described 
below.

Project Level (Tier-2) Analysis

    Component projects identified for Tier-2 analysis will also be 
included in the evaluation at the Tier-1 level. The EIR/EIS will assess 
the environmental effects of at least the following near-term 
improvements at a project level of detail:
     Service expansion to Modesto by as early as 2018:
    [cir] Service would be expanded using existing UPRR track, new 
track built within the UPRR ROW, new track outside the UPRR ROW, or 
some combination thereof.
    [cir] Potential new crossing of the Stanislaus River
    [cir] Up to six daily round trips
    [cir] New stations at downtown Manteca and downtown Modesto
     Improvements necessary to increase service between 
Stockton and San Jose to 6 daily round trips by as early as 2018, 
including the following:
    [cir] Upgrade of the track and structures along the former Southern 
Pacific line through Niles Canyon to accommodate freight traffic
    [cir] New connections to the former Southern Pacific line at Niles 
Junction and at Hearst
    [cir] Upgrading of sidings (``Radum'' siding in Livermore/
Pleasanton and Altamont and Midway sidings in the Altamont Hills; 
``Wyche'' siding in Lathrop/Manteca).
    [cir] New connection between the Oakland subdivision and the Fresno 
subdivision in Lathrop/Manteca area
    The EIR/EIS may also analyze the following operational and safety 
improvements at the project level:
     Grade-crossing improvements at existing at-grade crossings 
(four quadrant gates, signals, etc.)
     Grade-separations at several high-priority locations 
between Stockton and San Jose
     Improvements within the existing right of way at Niles 
Junction in Fremont/Union City and at the Hearst siding in Pleasanton
     Addition of a parking structure at the Pleasanton Station

Alternatives

    The EIR/EIS will consider a range of reasonable and feasible 
alternatives that meet the purpose and need. The EIR/EIS will also 
consider a No Action or No Project alternative as required under NEPA 
and CEQA. FRA and SJRRC will consider scoping comments and potential 
environmental impacts in determining the reasonable alternatives to be 
considered in the EIR/EIS. Conceptual alternatives for meeting the 
purpose and need are described below.

No Action Alternative

    The No Action (No Project or No Build) alternative serves as the 
baseline for assessment of alternatives. The No Action alternative 
represents the region's transportation system (highway,

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air, and conventional rail) as it exists at the time of the EIR/EIS 
preparation, and as it would exist in the future without completion of 
the improvements included in the program description. The No Action 
alternative defines the existing and future intercity transportation 
system for the Altamont Corridor and Northern San Joaquin Valley based 
on programmed and funded improvements to the intercity transportation 
system, according to the following sources of information: The State 
Transportation Improvement Program, Regional Transportation Plans for 
all modes of travel, airport plans, and intercity passenger rail plans.

Independent Right of Way Alternative

    Independent right of way adjacent to the UPRR right of way that 
would seek to maximize the provision of a separate right of way for 
future ACE service will be considered in specific locations including 
between Manteca and Merced, and possibly over the Altamont Pass. This 
alternative would reduce the potential for scheduling and other 
constraints from operating on shared tracks with freight operations.

Shared Corridor Alternative

    A second alternative that may be considered would be provision of a 
dedicated passenger track within the existing railroad right-of-way. 
Such a track could be utilized by passenger trains or by freight 
trains, but would be developed primarily for passenger traffic use.

Other Potential Alternatives

    Other alternatives that could be considered could vary proposed 
program elements. Such variations could include: (1) Other station 
locations as they arise through the project scoping process; (2) 
continued use of the existing route to the south of Tracy instead of a 
downtown alignment; (3) track variations, such as an elevated or sub-
grade track instead of an at-grade section; and (4) other variations in 
alignment, track improvements, service levels, and stations.

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

    The purpose of the EIR/EIS process is to assess 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; community disruption 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 will comply with all applicable Federal environmental laws, 
regulations and executive orders during the environmental review 
process. 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) guidelines of EPA (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 U.S.C. 303). Measures to avoid, minimize, and 
mitigate all adverse impacts will be identified and evaluated.
    The FRA and the SJRRC will assess the site characteristics, size, 
nature, and timing of the improvements to determine whether the impacts 
are potentially significant and whether impacts can be avoided or 
mitigated. The EIR/EIS will identify and evaluate reasonable and 
feasible alternatives, evaluate the impacts from construction, 
operation, and maintenance, and identify mitigation measures. 
Information and documents regarding the ACEforward environmental review 
process will be made available through the SJRRC's Internet site: 
http://www.acerail.com/sjrrc/capitalprojects.aspx.

Scoping and Comments

    FRA encourages broad participation in the EIS process during 
scoping and review of the resulting environmental document. Comments 
are invited from all interested agencies, Native American Tribes and 
the public to ensure the full range of issues related to the proposed 
action and all reasonable alternatives are addressed and that all 
significant issues are identified. Public agencies with jurisdiction 
are requested to advise FRA and SJRRC 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 
program. Agencies are requested to advise the FRA if they anticipate 
taking a major action in connection with the proposed program and if 
they wish to cooperate in the preparation of the EIR/EIS.

    Issued in Washington, DC, on September 13, 2013.
Renee Cooper,
Staff Director, Office of Passenger and Freight Programs.
[FR Doc. 2013-22598 Filed 9-17-13; 8:45 am]
BILLING CODE 4910-06-P