1. Within this Notice, there appears to have been no effort to validate or vet the existing FRA CEs. FRA needs to address why the CE list from May 26, 1999 remains valid.
2. Now that FRA is in the project development business, it makes a lot less sense that FRA still has its own NEPA implementing procedures apart from that of FHWA and FTA. FHWA, FTA, and FRA NEPA implementing procedures should be shared, including their "Criteria for Exclusion of Actions" [i.e., (4)(e) under FRA's NEPA implementing procedures].
3. FRA should also be sharing Section 4(f) regulations (23 CFR 774 for FHWA and FTA) and guidance [e.g., the Section 4(f) Policy Paper] with FHWA and FTA.
4. Under the proposed new FRA CEs, several of the new CEs provide "such as" language - giving examples of actions that meet the intent of the CE. Are covered actions strictly limited to the "such as" examples, or is the true intent meant to be "such as, but not limited to..."?
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This is comment on Notice
National Environmental Policy Act Implementation
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