Environmental Justice; Proposed Circular, 60590-60593 [2011-25123]
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60590
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices
printing), Sound Transit will distribute
only the executive summary of the
environmental document together with
a Compact Disc of the complete
environmental document. A complete
printed set of the environmental
document will be available for review at
the grantee’s offices and elsewhere; an
electronic copy of the complete
environmental document will also be
available on Sound Transit’s web page.
Scoping
FTA and Sound Transit invite
comments from interested individuals,
organizations, tribes and agencies.
Comments are welcome regarding the
preliminary statement of purpose and
need; the alternatives to be evaluated in
the EIS; and any significant
environmental issues related to the
alternatives. Suggested reasonable
alternatives that meet the project
purpose and need will be seriously
considered.
To assist the public during scoping,
Sound Transit has prepared an
Environmental Scoping Information
Report describing the project, its
planning history, the potential
alternatives and station locations, the
potential impact areas to be evaluated,
summary of results from the Alternative
Analysis (AA), and the preliminary EIS
schedule. You may request a copy of it
from Roger Iwata, Sound Transit, 401 S.
Jackson Street, Seattle, WA 98104–2826,
Telephone: (206) 689–4904, or e-mail:
roger.iwata@soundtransit.org. It is also
available at https://
www.soundtransit.org/NCTP.
Following the close of the comment
period, Sound Transit will publish a
summary report documenting the public
and agency comments it has received. In
late 2011 or early 2012, the Sound
Transit Board is expected to consider a
motion confirming the purpose and
need for the project, the scope of
environmental review, and the
alternatives to be considered in the draft
EIS, possibly including identification of
a locally-preferred alternative.
tkelley on DSKG8SOYB1PROD with NOTICES
regulations implementing Section 106 of
the National Historic Preservation Act
(36 CFR part 800); the regulations
implementing section 7 of the
Endangered Species Act (50 CFR part
402); Section 4(f) of the Dept. of
Transportation Act (23 CFR part 774);
and Executive Orders 12898 on
environmental justice, 11988 on
floodplain management, and 11990 on
wetlands.
Issued on: September 19, 2011.
Linda Gehrke,
Acting Regional Administrator, Region 10.
Paperwork Reduction
The Paperwork Reduction Act seeks,
in part, to minimize the cost to the
taxpayer of the creation, collection,
maintenance, use, dissemination, and
disposition of information. Consistent
with this goal and with principles of
economy and efficiency in government,
it is FTA policy to limit insofar as
possible distribution of complete
printed sets of environmental
documents. Accordingly, unless a
specific request for a complete printed
set of environmental documents is
received (preferably in advance of
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BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA–2011–0055]
Environmental Justice; Proposed
Circular
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of availability of
proposed circular and request for
comments.
AGENCY:
The Federal Transit
Administration (FTA) has placed in the
docket and on its Web site, proposed
guidance in the form of a Circular on
incorporating environmental justice
principles into plans, projects, and
activities that receive funding from
FTA. This proposed guidance provides
recommendations to State Departments
of Transportation, Metropolitan
Planning Organizations, public
transportation providers, and other
recipients of FTA funds on how to fully
engage environmental justice
populations in the public transportation
decisionmaking process; how to
determine whether environmental
justice populations would be subjected
to disproportionately high and adverse
human health or environmental effects
as a result of a transportation plan,
project, or activity; and how to avoid,
minimize, or mitigate these effects. By
this notice, FTA invites public comment
on this proposed Circular.
DATES: Comments must be submitted by
December 2, 2011. Late-filed comments
will be considered to the extent
practicable.
Public Meetings: FTA and PolicyLink
will co-sponsor a series of Information
Sessions regarding FTA’s proposed
Environmental Justice Circular and
proposed revisions to the Title VI
Circular (see docket FTA–2011–0054 for
more information on the proposed
SUMMARY:
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revisions to the Title VI Circular). The
meetings listed below will provide a
forum for FTA staff to make oral
presentations about the two proposed
Circulars and allow attendees an
opportunity to ask clarifying questions.
Additionally, the sessions are intended
to encourage interested parties and
stakeholders to submit their comments
directly to the official docket per the
instructions found in the ADDRESSES
section of this notice.
These Information Sessions will take
place as follows: Kansas City, MO on
Tuesday, October 18, 2011 from 6–9
p.m.; Boston, MA on Tuesday,
November 1, 2011 from 6–9 p.m.;
Detroit, MI on Wednesday, November 9,
2011 from 6–9 p.m.; the San Francisco
Bay Area on Monday, November 14,
2011 from 6–9 p.m.; and Atlanta, GA on
Thursday, November 17, 2011 from 6–
9 p.m.. All locations will be ADA- and
transit-accessible.
For details about the exact location of
each Information Session (i.e., site name
and address), please visit https://
www.fta.dot.gov/
FTAInformationSessions.
In consideration of the comfort and
safety of all attendees and the maximum
seating capacity of meeting rooms, FTA
requests RSVPs for the Information
Sessions. To RSVP, please visit https://
www.FTAInformationSessions.com. At
the same Web link, persons with
disabilities may request a reasonable
accommodation.
You may submit comments
to DOT Docket ID Number FTA–2011–
0055 by any of the following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. Eastern time, Monday
through Friday, except Federal holidays.
Fax: 202–493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and Docket number
(FTA–2011–0055) for this notice at the
beginning of your comments. You
should submit two copies of your
comments if you submit them by mail.
If you wish to receive confirmation that
FTA received your comments, you must
include a self-addressed stamped
postcard. Note that all comments
received will be posted without change
ADDRESSES:
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices
to https://www.regulations.gov including
any personal information provided and
will be available to Internet users. You
may review DOT’s complete Privacy Act
Statement published in the Federal
Register on April 11, 2000 (65 FR
19477). Docket: For access to the docket
to read background documents and
comments received, go to https://
www.regulations.gov at any time or to
the U.S. Department of Transportation,
1200 New Jersey Ave., 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: For
program questions, Amber Ontiveros,
Office of Civil Rights, Federal Transit
Administration, 1200 New Jersey Ave.,
SE., Room E54–422, Washington, DC
20590, phone: (202) 366–4018, fax: (202)
366–3809, or e-mail,
Amber.Ontiveros@dot.gov. For legal
questions, Bonnie Graves, Office of
Chief Counsel, same address, room E56–
306, phone: (202) 366–4011, or e-mail,
Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Chapter-by-Chapter Analysis
A. Chapter I—Environmental Justice and
Public Transportation
B. Chapter II—Tools and Techniques for
Conducting an Environmental Justice
Analysis
C. Chapter III—Achieving Meaningful
Public Engagement With Environmental
Justice Populations
D. Chapter IV—Integrating Principles of
Environmental Justice in Transportation
Planning and Service Delivery
E. Chapter V—Incorporating
Environmental Justice Principles Into the
NEPA Process
F. Chapter VI—Understanding the
Differences and Similarities Between
Title VI and Environmental Justice
G. Appendix
III. Conclusion
tkelley on DSKG8SOYB1PROD with NOTICES
I. Introduction
Executive Order 12898, ‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations,’’ was signed
by President Clinton on February 11,
1994. Subsequent to issuance of the
Executive Order, the U.S. Department of
Transportation (DOT) issued an Order
for implementing the Executive Order
on environmental justice (EJ). The DOT
Order (Order 5610.2, ‘‘Order to Address
Environmental Justice in Minority
Populations and Low-Income
Populations,’’ 62 FR 18377, Apr. 15,
1997) describes the process the
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Department and its modal
administrations (including FTA) will
use to incorporate EJ principles into
programs, policies and activities; the
DOT Order does not provide guidance
for FTA grantees on what is expected
regarding integrating EJ principles into
the public transportation
decisionmaking process. FTA has not
previously published separate and
distinct guidance for its grantees, but
instead has included environmental
justice concepts in its Title VI Circular
(Circular 4702.1A).
Several instances of Title VI and EJ
issues raised by FTA grantees led FTA
to initiate a comprehensive management
review of the agency’s core guidance to
grantees in these and other areas of civil
rights responsibilities for public
transportation. Based on that review,
FTA determined a need to clarify and
distinguish what grantees should do to
comply with Title VI regulations; and,
separately, what grantees should do to
facilitate FTA’s implementation of
Executive Order 12898.
Therefore, FTA is proposing a new
Circular 4703.1, ‘‘Environmental Justice
Policy Guidance for Federal Transit
Administration Recipients,’’ in order to
provide grantees with a distinct
framework to assist them as they
integrate principles of environmental
justice into their public transportation
decisionmaking processes, from
planning through project development,
operation and maintenance. The
Circular does not contain any new
requirements, policies or directives. In
addition to the EJ Circular, FTA has also
published, in this issue of the Federal
Register, a notice of availability and
request for comment for proposed
revisions to FTA’s Title VI Circular
(Docket number FTA–2011–0054). The
Title VI Circular removes most
references to environmental justice in
order to clarify the statutory and
regulatory requirements for compliance
with Title VI. FTA expects that the
additional clarification provided by
both documents will provide grantees
the guidance they need to properly
incorporate both Title VI and
environmental justice into their public
transportation decisionmaking. FTA
encourages commenters to review both
notices and provide comments on both
documents.
This notice provides a summary of the
proposed Circular. The Circular itself is
not included in this notice; an
electronic version may be found on
FTA’s Web site, at https://
www.fta.dot.gov, and in the docket at
https://www.regulations.gov. Paper
copies of the Circular may be obtained
by contacting FTA’s Administrative
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60591
Services Help Desk, at (202) 366–4865.
FTA seeks comment on the proposed
Circular.
II. Chapter-by-Chapter Analysis
A. Chapter I—Environmental Justice
and Public Transportation
Chapter I of the proposed Circular is
an introductory chapter. It provides a
brief background of the Executive Order
and describes the purpose of the
Circular. Importantly, this chapter also
states what this Circular is not—the
Circular does not contain any new
requirements, policies or directions.
This chapter contains the principles of
environmental justice as derived from
the U.S. DOT’s Order on environmental
justice, and describes broadly when an
EJ analysis will be conducted and the
elements of that analysis. Some terms
necessary to explain the EJ analysis are
defined; for ease of reference, FTA has
defined ‘‘minority populations and/or
low-income populations’’ as ‘‘EJ
populations.’’ The chapter ends with a
summary of what will be discussed in
subsequent chapters.
B. Chapter II—Tools and Techniques for
Conducting an Environmental Justice
Analysis
This chapter is designed to provide
tools to assist grantees as they conduct
environmental justice analyses of their
plans, programs, projects and activities.
The chapter begins with an overview of
a proposed framework for conducting an
EJ analysis. As described in the
framework, there are three steps for
conducting an EJ analysis: (1) Determine
whether there are any EJ populations
potentially impacted by the activity; (2)
if one or more EJ populations are
present, consider the potential effects of
the activity on the EJ populations; and
(3) determine if any disproportionately
high and adverse human health and
environmental effects can be avoided,
minimized or mitigated.
After describing the basic framework,
the chapter then discusses in more
detail some of the elements of the
analysis. First are thresholds: when is
an EJ population present? The Council
on Environmental Quality (CEQ) issued
guidance to Federal agencies on
environmental justice under
environmental laws (‘‘Environmental
Justice, Guidance under the National
Environmental Policy Act,’’ Dec. 10,
1997) that suggested thresholds for
minority populations; FTA proposes
adapting this guidance to apply to both
minority populations and low-income
populations for consistency, and to
apply these thresholds to all EJ analyses.
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tkelley on DSKG8SOYB1PROD with NOTICES
FTA seeks comment on the
recommended thresholds.
Next is proposed guidance on
preparing a residential demographic
profile. This section provides
information on data sources, including
how grantees can use available data.
This section also discusses how to
determine the geographic area for
analysis, which will depend on the
planning area or the impact area of the
project. The next section, benefits and
burdens analysis, describes how an
analysis will need to be scaled
depending on the level of planning (e.g.,
Statewide, regional, corridor-level, etc.)
or the size of the project or activity. This
section provides suggestions on the
types of metrics to use when evaluating
the benefits and burdens of public
transportation projects and activities.
This section also clarifies that when a
plan or project will serve a
predominantly minority area, it is still
necessary to analyze the effects on lowincome populations, since minority
populations and low-income
populations do not necessarily overlap.
Finally, this chapter proposes a list of
factors to consider when determining
whether disproportionately high and
adverse human health or environmental
impacts exist.
C. Chapter III—Achieving Meaningful
Public Engagement With Environmental
Justice Populations
Chapter III proposes recommended
strategies and techniques for ensuring
that EJ populations are not just at the
public transportation decisionmaking
table, but have a voice in the
decisionmaking process. This chapter
first suggests identifying the members of
a community, as doing so will assist
grantees in developing successful
communications and outreach
strategies. Building relationships with
community-based organizations,
environmental justice networks, and
others can assist grantees in developing
these strategies. Traditional public
outreach typically involves public
hearings required by Federal, State or
local law for certain transportation
decisions. This chapter proposes
recommendations on making this
process more inclusive and userfriendly, including consideration of
location, timing, format and
accessibility.
This chapter also describes nontraditional outreach strategies that may
result in greater participation by EJ
populations. Some of these proposed
strategies include informal group
meetings, traditional and nontraditional media, as well as digital
media. Additional strategies to increase
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involvement of EJ populations include
direct mail campaigns, community-led
events, partnerships with communitybased organizations and leaders, citizen
advisory committees, and public
engagement teams. This chapter
recognizes that public engagement is not
a one-size-fits-all approach. A grantee
should scale its public engagement
efforts to the impacts of the plan, project
or activity, as well as to the resources
available to the grantee; most
importantly, the grantee will determine,
based on a number of factors, which
public engagement strategies will likely
be effective at engaging the local EJ
populations. FTA seeks comment on
whether there are additional nontraditional outreach strategies that
should be included in this guidance.
D. Chapter IV—Integrating Principles of
Environmental Justice in Transportation
Planning and Service Delivery
This chapter proposes guidance on
incorporating EJ principles into
Statewide, metropolitan and local
planning processes. Many of the
strategies described in this chapter
apply not only to the required Statewide
and metropolitan planning processes,
but also to planning activities
undertaken by transit providers and
other local entities with public
transportation planning and servicedelivery responsibilities. This chapter
builds on the residential demographic
profile described in Chapter II and
describes specific planning tools for
developing these profiles. The chapter
briefly outlines the Statewide and
metropolitan planning public
engagement requirements in the joint
FHWA/FTA planning regulations, and
proposes strategies to achieve public
participation in planning activities.
Each plan, whether Statewide,
metropolitan, or local, should
encompass the goals and visions for
future transportation for a region or
area. This chapter explains why it is
important to develop those goals and
visions with input from EJ populations.
Since public transportation providers
and other local entities often engage in
some level of planning, this chapter
addresses those planning activities,
such as planning for service reductions
or restructuring. This chapter provides
some sample questions to guide the
discussion with the public to inform
planning officials on how well current
operation, management, and
maintenance of facilities and services
serve the needs of communities, with
particular attention to the parity
between EJ and non-EJ populations.
This chapter recommends that public
transportation providers and planning
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officials maintain a regular and open
dialogue with EJ populations regarding
the effectiveness of the plan, and to
identify trends in public transportation
for future plans.
E. Chapter V—Incorporating
Environmental Justice Principles Into
the NEPA Process
This chapter provides grantees with a
road map for incorporating
environmental justice analysis into the
National Environmental Policy Act
(NEPA) process. Federal agencies are
required to consider the effects of
Federally-funded projects on the
environment; if FTA determines there is
a disproportionately high and adverse
human health or environmental effect
on an EJ population, the EJ analysis will
be part of the NEPA document. This
chapter describes how a grantee can
incorporate EJ principles into its
analysis of the environmental impacts of
a proposed project by defining the
project impact area, identifying
alternatives, identifying adverse
environmental effects, identifying
project benefits, and identifying
mitigation measures and enhancements.
Finally, this chapter provides guidance
related to projects that qualify as
categorical exclusions and information
related to NEPA-specific public
engagement strategies.
F. Chapter VI—Understanding the
Differences and Similarities Between
Title VI and Environmental Justice
As stated previously, FTA has
observed that the public, grantees, and
FTA staff have sometimes considered
environmental justice and Title VI to be
interchangeable—they are not. This
chapter outlines the source of
environmental justice—Executive Order
12898—and the source of Title VI—the
Civil Rights Act of 1964—and then
describes, in table format, the key
differences between the two. This
chapter cautions recipients that an EJ
analysis will not satisfy Title VI
requirements, and a Title VI analysis
likely will not satisfy EJ, since Title VI
does not include low-income
populations. Finally, this chapter
includes an example of a project and
describes the type of analyses required
for that project.
G. Appendix—Definitions, Authorities
and References
The appendix includes a
comprehensive list of definitions, most
of which are in either the DOT Order on
environmental justice or the FHWA/
FTA planning regulations, and included
in this document for ease of reference.
A list of authorities from which this
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guidance is derived is also included.
This list is not meant to be exhaustive,
but does include the authorities relevant
to the consideration of EJ principles in
the transportation context. Last is a list
of references, including Federal
Register notice and other citations as
appropriate to enable readers to view
the source documents.
III. Conclusion
Included in the proposed Circular in
a few places are examples, such as the
example in Chapter II regarding defining
the area of analysis for a plan or project,
and the example in Chapter VI regarding
differences between an EJ analysis and
a Title VI analysis. FTA seeks comment
on whether more examples would be
helpful, and if so, what types of
examples would provide the most
clarity for grantees.
Issued in Washington, DC this 26th day of
September 2011.
Peter M. Rogoff,
Administrator.
[FR Doc. 2011–25123 Filed 9–28–11; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2011–0054]
Title VI; Proposed Circular
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of availability of
proposed Circular and request for
comments.
AGENCY:
The Federal Transit
Administration (FTA) has placed in the
docket and on its Web site, proposed
guidance in the form of a Circular to
assist grantees in complying with Title
VI of the Civil Rights Act of 1964. The
purpose of this Circular is to provide
recipients of FTA financial assistance
with instructions and guidance
necessary to carry out the U.S.
Department of Transportation’s Title VI
regulations (49 CFR part 21). FTA is
updating its Title VI Circular to clarify
requirements for compliance. By this
notice, FTA invites public comment on
the proposed Circular.
DATES: Comments must be submitted by
December 2, 2011. Late-filed comments
will be considered to the extent
practicable.
Public Meetings: FTA and PolicyLink
will co-sponsor a series of Information
Sessions regarding FTA’s proposed
revisions to the Title VI Circular and
proposed Environmental Justice
tkelley on DSKG8SOYB1PROD with NOTICES
SUMMARY:
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Circular (see docket FTA–2011–0055 for
more information on the proposed
Environmental Justice Circular). The
meetings listed below will provide a
forum for FTA staff to make oral
presentations about the two proposed
Circulars and allow attendees an
opportunity to ask clarifying questions.
Additionally, the sessions are intended
to encourage interested parties and
stakeholders to submit their comments
directly to the official docket per the
instructions found in the ADDRESSES
section of this notice.
These Information Sessions will take
place as follows: Kansas City, MO on
Tuesday, October 18, 2011 from 6–9
p.m.; Boston, MA on Tuesday,
November 1, 2011 from 6–9 p.m.;
Detroit, MI on Wednesday, November 9,
2011 from 6–9 p.m.; the San Francisco
Bay Area on Monday, November 14,
2011 from 6–9 p.m.; and Atlanta, GA on
Thursday, November 17, 2011 from 6–
9 p.m. All locations will be ADA- and
transit-accessible.
For details about the exact location of
each Information Session (i.e., site name
and address), please visit https://www.
fta.dot.gov/FTAInformationSessions.
In consideration of the comfort and
safety of all attendees and the maximum
seating capacity of meeting rooms, FTA
requests RSVPs for the Information
Sessions. To RSVP, please visit https://
www.FTAInformationSessions.com. At
the same Web link, persons with
disabilities may request a reasonable
accommodation.
Please submit your
comments by only one of the following
methods, identifying your submission
by docket number FTA–2011–0054. All
electronic submissions must be made to
the U.S. Government electronic site at
https://www.regulations.gov.
(1) Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
(2) Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
(3) Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE, between
9 a.m. and 5 p.m. Eastern time, Monday
through Friday, except Federal holidays.
(4) Fax: 202–493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and Docket number
(FTA–2011–0054) for this notice at the
beginning of your comments. Submit
two copies of your comments if you
submit them by mail. For confirmation
ADDRESSES:
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
60593
that FTA received your comments,
include a self-addressed stamped
postcard. Note that all comments
received will be posted without change
to https://www.regulations.gov including
any personal information provided and
will be available to Internet users. You
may review DOT’s complete Privacy Act
Statement published in the Federal
Register on April 11, 2000 (65 FR
19477). Docket: For access to the docket
to read background documents and
comments received, go to https://www.
regulations.gov at any time or to the
U.S. Department of Transportation, 1200
New Jersey Ave., 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: For
program questions, Amber Ontiveros,
Office of Civil Rights, Federal Transit
Administration, 1200 New Jersey Ave.,
SE., Room E54–422, Washington, DC
20590, phone: (202) 366–4018, fax: (202)
366–3809, or e-mail, Amber.Ontiveros@
dot.gov. For legal questions, Bonnie
Graves, Office of Chief Counsel, same
address, room E56–306, phone: (202)
366–4011, or e-mail, Bonnie.Graves@
dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Chapter-by-Chapter Analysis
A. Chapter I—Introduction and
Background
B. Chapter II—Program Overview
C. Chapter III—General Requirements and
Guidelines
D. Chapter IV—Requirements and
Guidelines for Transit Providers
E. Chapter V—Requirements for States
F. Chapter VI—Requirements for
Metropolitan Planning Organizations
G. Chapter VII—Effectuating Compliance
With DOT Title VI Regulations
H. Chapter VIII—Compliance Reviews
I. Chapter IX—Complaints
J. Appendices
I. Overview
FTA is updating its Title VI Circular,
last revised in 2007, to clarify what
recipients must do to comply with the
U.S. Department of Transportation
(DOT) Title VI regulations. This notice
provides a summary of proposed
changes to FTA Circular 4702.1A, ‘‘Title
VI and Title VI–Dependent Guidelines
for FTA Recipients.’’ The final Circular,
when adopted, will supersede the
existing Circular.
The proposed Circular would
incorporate lessons learned from
triennial reviews, discretionary Title VI
compliance reviews, and a
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]]>Agencies
[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60590-60593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25123]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2011-0055]
Environmental Justice; Proposed Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of availability of proposed circular and request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site, proposed guidance in the form of a Circular
on incorporating environmental justice principles into plans, projects,
and activities that receive funding from FTA. This proposed guidance
provides recommendations to State Departments of Transportation,
Metropolitan Planning Organizations, public transportation providers,
and other recipients of FTA funds on how to fully engage environmental
justice populations in the public transportation decisionmaking
process; how to determine whether environmental justice populations
would be subjected to disproportionately high and adverse human health
or environmental effects as a result of a transportation plan, project,
or activity; and how to avoid, minimize, or mitigate these effects. By
this notice, FTA invites public comment on this proposed Circular.
DATES: Comments must be submitted by December 2, 2011. Late-filed
comments will be considered to the extent practicable.
Public Meetings: FTA and PolicyLink will co-sponsor a series of
Information Sessions regarding FTA's proposed Environmental Justice
Circular and proposed revisions to the Title VI Circular (see docket
FTA-2011-0054 for more information on the proposed revisions to the
Title VI Circular). The meetings listed below will provide a forum for
FTA staff to make oral presentations about the two proposed Circulars
and allow attendees an opportunity to ask clarifying questions.
Additionally, the sessions are intended to encourage interested parties
and stakeholders to submit their comments directly to the official
docket per the instructions found in the ADDRESSES section of this
notice.
These Information Sessions will take place as follows: Kansas City,
MO on Tuesday, October 18, 2011 from 6-9 p.m.; Boston, MA on Tuesday,
November 1, 2011 from 6-9 p.m.; Detroit, MI on Wednesday, November 9,
2011 from 6-9 p.m.; the San Francisco Bay Area on Monday, November 14,
2011 from 6-9 p.m.; and Atlanta, GA on Thursday, November 17, 2011 from
6-9 p.m.. All locations will be ADA- and transit-accessible.
For details about the exact location of each Information Session
(i.e., site name and address), please visit https://www.fta.dot.gov/FTAInformationSessions.
In consideration of the comfort and safety of all attendees and the
maximum seating capacity of meeting rooms, FTA requests RSVPs for the
Information Sessions. To RSVP, please visit https://www.FTAInformationSessions.com. At the same Web link, persons with
disabilities may request a reasonable accommodation.
ADDRESSES: You may submit comments to DOT Docket ID Number FTA-2011-
0055 by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and
follow the online instructions for submitting comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern time,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2011-0055) for this notice at
the beginning of your comments. You should submit two copies of your
comments if you submit them by mail. If you wish to receive
confirmation that FTA received your comments, you must include a self-
addressed stamped postcard. Note that all comments received will be
posted without change
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to https://www.regulations.gov including any personal information
provided and will be available to Internet users. You may review DOT's
complete Privacy Act Statement published in the Federal Register on
April 11, 2000 (65 FR 19477). Docket: For access to the docket to read
background documents and comments received, go to https://www.regulations.gov at any time or to the U.S. Department of
Transportation, 1200 New Jersey Ave., 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: For program questions, Amber
Ontiveros, Office of Civil Rights, Federal Transit Administration, 1200
New Jersey Ave., SE., Room E54-422, Washington, DC 20590, phone: (202)
366-4018, fax: (202) 366-3809, or e-mail, Amber.Ontiveros@dot.gov. For
legal questions, Bonnie Graves, Office of Chief Counsel, same address,
room E56-306, phone: (202) 366-4011, or e-mail, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Chapter-by-Chapter Analysis
A. Chapter I--Environmental Justice and Public Transportation
B. Chapter II--Tools and Techniques for Conducting an
Environmental Justice Analysis
C. Chapter III--Achieving Meaningful Public Engagement With
Environmental Justice Populations
D. Chapter IV--Integrating Principles of Environmental Justice
in Transportation Planning and Service Delivery
E. Chapter V--Incorporating Environmental Justice Principles
Into the NEPA Process
F. Chapter VI--Understanding the Differences and Similarities
Between Title VI and Environmental Justice
G. Appendix
III. Conclusion
I. Introduction
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' was
signed by President Clinton on February 11, 1994. Subsequent to
issuance of the Executive Order, the U.S. Department of Transportation
(DOT) issued an Order for implementing the Executive Order on
environmental justice (EJ). The DOT Order (Order 5610.2, ``Order to
Address Environmental Justice in Minority Populations and Low-Income
Populations,'' 62 FR 18377, Apr. 15, 1997) describes the process the
Department and its modal administrations (including FTA) will use to
incorporate EJ principles into programs, policies and activities; the
DOT Order does not provide guidance for FTA grantees on what is
expected regarding integrating EJ principles into the public
transportation decisionmaking process. FTA has not previously published
separate and distinct guidance for its grantees, but instead has
included environmental justice concepts in its Title VI Circular
(Circular 4702.1A).
Several instances of Title VI and EJ issues raised by FTA grantees
led FTA to initiate a comprehensive management review of the agency's
core guidance to grantees in these and other areas of civil rights
responsibilities for public transportation. Based on that review, FTA
determined a need to clarify and distinguish what grantees should do to
comply with Title VI regulations; and, separately, what grantees should
do to facilitate FTA's implementation of Executive Order 12898.
Therefore, FTA is proposing a new Circular 4703.1, ``Environmental
Justice Policy Guidance for Federal Transit Administration
Recipients,'' in order to provide grantees with a distinct framework to
assist them as they integrate principles of environmental justice into
their public transportation decisionmaking processes, from planning
through project development, operation and maintenance. The Circular
does not contain any new requirements, policies or directives. In
addition to the EJ Circular, FTA has also published, in this issue of
the Federal Register, a notice of availability and request for comment
for proposed revisions to FTA's Title VI Circular (Docket number FTA-
2011-0054). The Title VI Circular removes most references to
environmental justice in order to clarify the statutory and regulatory
requirements for compliance with Title VI. FTA expects that the
additional clarification provided by both documents will provide
grantees the guidance they need to properly incorporate both Title VI
and environmental justice into their public transportation
decisionmaking. FTA encourages commenters to review both notices and
provide comments on both documents.
This notice provides a summary of the proposed Circular. The
Circular itself is not included in this notice; an electronic version
may be found on FTA's Web site, at https://www.fta.dot.gov, and in the
docket at https://www.regulations.gov. Paper copies of the Circular may
be obtained by contacting FTA's Administrative Services Help Desk, at
(202) 366-4865. FTA seeks comment on the proposed Circular.
II. Chapter-by-Chapter Analysis
A. Chapter I--Environmental Justice and Public Transportation
Chapter I of the proposed Circular is an introductory chapter. It
provides a brief background of the Executive Order and describes the
purpose of the Circular. Importantly, this chapter also states what
this Circular is not--the Circular does not contain any new
requirements, policies or directions. This chapter contains the
principles of environmental justice as derived from the U.S. DOT's
Order on environmental justice, and describes broadly when an EJ
analysis will be conducted and the elements of that analysis. Some
terms necessary to explain the EJ analysis are defined; for ease of
reference, FTA has defined ``minority populations and/or low-income
populations'' as ``EJ populations.'' The chapter ends with a summary of
what will be discussed in subsequent chapters.
B. Chapter II--Tools and Techniques for Conducting an Environmental
Justice Analysis
This chapter is designed to provide tools to assist grantees as
they conduct environmental justice analyses of their plans, programs,
projects and activities. The chapter begins with an overview of a
proposed framework for conducting an EJ analysis. As described in the
framework, there are three steps for conducting an EJ analysis: (1)
Determine whether there are any EJ populations potentially impacted by
the activity; (2) if one or more EJ populations are present, consider
the potential effects of the activity on the EJ populations; and (3)
determine if any disproportionately high and adverse human health and
environmental effects can be avoided, minimized or mitigated.
After describing the basic framework, the chapter then discusses in
more detail some of the elements of the analysis. First are thresholds:
when is an EJ population present? The Council on Environmental Quality
(CEQ) issued guidance to Federal agencies on environmental justice
under environmental laws (``Environmental Justice, Guidance under the
National Environmental Policy Act,'' Dec. 10, 1997) that suggested
thresholds for minority populations; FTA proposes adapting this
guidance to apply to both minority populations and low-income
populations for consistency, and to apply these thresholds to all EJ
analyses.
[[Page 60592]]
FTA seeks comment on the recommended thresholds.
Next is proposed guidance on preparing a residential demographic
profile. This section provides information on data sources, including
how grantees can use available data. This section also discusses how to
determine the geographic area for analysis, which will depend on the
planning area or the impact area of the project. The next section,
benefits and burdens analysis, describes how an analysis will need to
be scaled depending on the level of planning (e.g., Statewide,
regional, corridor-level, etc.) or the size of the project or activity.
This section provides suggestions on the types of metrics to use when
evaluating the benefits and burdens of public transportation projects
and activities. This section also clarifies that when a plan or project
will serve a predominantly minority area, it is still necessary to
analyze the effects on low-income populations, since minority
populations and low-income populations do not necessarily overlap.
Finally, this chapter proposes a list of factors to consider when
determining whether disproportionately high and adverse human health or
environmental impacts exist.
C. Chapter III--Achieving Meaningful Public Engagement With
Environmental Justice Populations
Chapter III proposes recommended strategies and techniques for
ensuring that EJ populations are not just at the public transportation
decisionmaking table, but have a voice in the decisionmaking process.
This chapter first suggests identifying the members of a community, as
doing so will assist grantees in developing successful communications
and outreach strategies. Building relationships with community-based
organizations, environmental justice networks, and others can assist
grantees in developing these strategies. Traditional public outreach
typically involves public hearings required by Federal, State or local
law for certain transportation decisions. This chapter proposes
recommendations on making this process more inclusive and user-
friendly, including consideration of location, timing, format and
accessibility.
This chapter also describes non-traditional outreach strategies
that may result in greater participation by EJ populations. Some of
these proposed strategies include informal group meetings, traditional
and non-traditional media, as well as digital media. Additional
strategies to increase involvement of EJ populations include direct
mail campaigns, community-led events, partnerships with community-based
organizations and leaders, citizen advisory committees, and public
engagement teams. This chapter recognizes that public engagement is not
a one-size-fits-all approach. A grantee should scale its public
engagement efforts to the impacts of the plan, project or activity, as
well as to the resources available to the grantee; most importantly,
the grantee will determine, based on a number of factors, which public
engagement strategies will likely be effective at engaging the local EJ
populations. FTA seeks comment on whether there are additional non-
traditional outreach strategies that should be included in this
guidance.
D. Chapter IV--Integrating Principles of Environmental Justice in
Transportation Planning and Service Delivery
This chapter proposes guidance on incorporating EJ principles into
Statewide, metropolitan and local planning processes. Many of the
strategies described in this chapter apply not only to the required
Statewide and metropolitan planning processes, but also to planning
activities undertaken by transit providers and other local entities
with public transportation planning and service-delivery
responsibilities. This chapter builds on the residential demographic
profile described in Chapter II and describes specific planning tools
for developing these profiles. The chapter briefly outlines the
Statewide and metropolitan planning public engagement requirements in
the joint FHWA/FTA planning regulations, and proposes strategies to
achieve public participation in planning activities. Each plan, whether
Statewide, metropolitan, or local, should encompass the goals and
visions for future transportation for a region or area. This chapter
explains why it is important to develop those goals and visions with
input from EJ populations.
Since public transportation providers and other local entities
often engage in some level of planning, this chapter addresses those
planning activities, such as planning for service reductions or
restructuring. This chapter provides some sample questions to guide the
discussion with the public to inform planning officials on how well
current operation, management, and maintenance of facilities and
services serve the needs of communities, with particular attention to
the parity between EJ and non-EJ populations. This chapter recommends
that public transportation providers and planning officials maintain a
regular and open dialogue with EJ populations regarding the
effectiveness of the plan, and to identify trends in public
transportation for future plans.
E. Chapter V--Incorporating Environmental Justice Principles Into the
NEPA Process
This chapter provides grantees with a road map for incorporating
environmental justice analysis into the National Environmental Policy
Act (NEPA) process. Federal agencies are required to consider the
effects of Federally-funded projects on the environment; if FTA
determines there is a disproportionately high and adverse human health
or environmental effect on an EJ population, the EJ analysis will be
part of the NEPA document. This chapter describes how a grantee can
incorporate EJ principles into its analysis of the environmental
impacts of a proposed project by defining the project impact area,
identifying alternatives, identifying adverse environmental effects,
identifying project benefits, and identifying mitigation measures and
enhancements. Finally, this chapter provides guidance related to
projects that qualify as categorical exclusions and information related
to NEPA-specific public engagement strategies.
F. Chapter VI--Understanding the Differences and Similarities Between
Title VI and Environmental Justice
As stated previously, FTA has observed that the public, grantees,
and FTA staff have sometimes considered environmental justice and Title
VI to be interchangeable--they are not. This chapter outlines the
source of environmental justice--Executive Order 12898--and the source
of Title VI--the Civil Rights Act of 1964--and then describes, in table
format, the key differences between the two. This chapter cautions
recipients that an EJ analysis will not satisfy Title VI requirements,
and a Title VI analysis likely will not satisfy EJ, since Title VI does
not include low-income populations. Finally, this chapter includes an
example of a project and describes the type of analyses required for
that project.
G. Appendix--Definitions, Authorities and References
The appendix includes a comprehensive list of definitions, most of
which are in either the DOT Order on environmental justice or the FHWA/
FTA planning regulations, and included in this document for ease of
reference. A list of authorities from which this
[[Page 60593]]
guidance is derived is also included. This list is not meant to be
exhaustive, but does include the authorities relevant to the
consideration of EJ principles in the transportation context. Last is a
list of references, including Federal Register notice and other
citations as appropriate to enable readers to view the source
documents.
III. Conclusion
Included in the proposed Circular in a few places are examples,
such as the example in Chapter II regarding defining the area of
analysis for a plan or project, and the example in Chapter VI regarding
differences between an EJ analysis and a Title VI analysis. FTA seeks
comment on whether more examples would be helpful, and if so, what
types of examples would provide the most clarity for grantees.
Issued in Washington, DC this 26th day of September 2011.
Peter M. Rogoff,
Administrator.
[FR Doc. 2011-25123 Filed 9-28-11; 8:45 am]
BILLING CODE 4910-57-P
