[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR266.19]



[Page 846-847]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 266_ASSISTANCE TO STATES FOR LOCAL RAIL SERVICE UNDER SECTION 5 

OF THE DEPARTMENT OF TRANSPORTATION ACT--Table of Contents

 

Sec. 266.19  Environmental impact.



    (a) General. The Administrator has determined that providing 

assistance to cover the following costs is not a major action 

significantly affecting the quality of the human environment: 

Rehabilitation or improvement consisting of work normally performed on a 

periodic basis which does not change the existing character of the 

facility (including work to overcome normal periodic maintenance that 

had been deferred) rail service continuation, acquisition, and planning.

    (b) Substitute service assistance, rail facility construction 

assistance, and non-exempt rehabilitation or improvement assistance--(1) 

Environmental assessment. (i) When an applicant requests substitute 

service assistance, rail facility construction assistance, or 

rehabilitation or improvement assistance (except for rehabilitation or 

improvement assistance which is exempt under paragraph (a) of this 

section), the applicant shall:

    (A) Prepare an environmental assessment to determine whether the 

future use of the property will significantly affect the quality of the 

human environment; or

    (B) Provide sufficient documentation to enable the Administrator to 

determine that the project satisfies the following criteria:

    (1) The action is not likely to be environmentally controversial 

from the point of view of people living within the environment affected 

by the action or controversial with respect to the availability of 

adequate relocation housing;

    (2) The action is not inconsistent with any Federal, State, or local 

law, regulation, ordinance, or judicial or administrative determination 

relating to environmental protection;

    (3) The action will not have any significant adverse impact in any 

natural, cultural, recreational, or scenic environment(s) in which the 

action takes place, or on the air or water quality or ambient noise 

levels of such environment(s);

    (4) The action will not: use 4(f)-protected properties; adversely 

affect properties under section 106 of the National Historic 

Preservation Act; involve new construction location in a



[[Page 847]]



wetlands area; or affect a base floodplain;

    (5) The action will not cause a significant short- or long-term 

increase in traffic congestion, or other significant adverse 

environmental impact on any mode of transportation;

    (6) The action is not an integral part of a program of actions 

which, when considered separately, would not be classified as major FRA 

actions, but when considered together would be so classified; and

    (7) Environmental assessment or documentation is not required by any 

Federal law, regulation, guideline, order, or judicial or administrative 

determination other than this part.

    (ii) Prior to submitting an application, FRA recommends that the 

applicant seek the Administrator's advice as to form and substance of 

the assessment for the project under consideration. The environmental 

assessment shall utilize an interdisciplinary approach in identifying 

the type, degree of effect, and probability of occurrence of primary, 

secondary and cumulative potential environmental impacts (positive and 

negative) of the proposed action and of alternative courses of action. 

The depth of coverage shall be consistent with the magnitude of the 

project and its expected environmental effects. The environmental 

assessment and all documents used as a basis for the assessment shall be 

submitted together with the application for assistance.

    (2) Environmental impact statement. A draft environmental impact 

statement (EIS) shall be submitted with each application when the 

environmental assessment concludes that the future use significantly 

affects the quality of human environment. FRA recommends that prior to 

submitting the application, the applicant seek the Administrator's 

advice as to form and substance of the EIS for the project under 

consideration.

    (3) Finding of no significant impact. A draft finding of no 

significant impact declaration shall be submitted with each application 

when the applicant's environmental assessment concludes that the figure 

use does not significantly affect the quality of the human environment. 

The finding of no significant impact shall include a description of the 

project, and sufficient data and environmental findings to support the 

conclusions as to the impact upon the quality of the human environment. 

FRA recommends that prior to submitting the application, the applicant 

seek the Administrator's advice as to the form and substance of this 

finding for the project under consideration.

    (4) Section 4(f) determination. For projects involving the use of 

any land from a public park, recreation area, wildlife and waterfowl 

refuge, or historic site of national, State or local significance as 

determined by the Federal, State, or local officials having jurisdiction 

thereon, information to support a determination pursuant to section 4(f) 

of the Act shall be submitted together with the application. The section 

4(f) determination shall document that:

    (i) There is no feasible and prudent alternative to the use of such 

land; and

    (ii) The project includes all planning to minimize harm resulting 

from such use.

    (5) Historic preservation. For projects involving the use of 

historic, cultural or archeological resources listed or eligible for 

listing in the National Register of Historic Places, information which 

documents that the Advisory Council on Historic Preservation has been 

afforded an opportunity for review and comment on the proposed project 

in accordance with 16 U.S.C. 470 and 36 CFR part 800 shall be submitted 

with the application.

    (c) Highway or highway-related facilities. Substitute service 

projects involving highway or highway-related facilities are subject to 

the applicable substantive Federal Highway Administration regulations on 

environmental considerations (23 CFR part 771).