Department of Transportation Updated Environmental Justice Order 5610.2(a), 27534-27537 [2012-11309]
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices
economic concerns. Before making a
decision on the proposed Project, DOS
will consult with the eight federal
agencies identified in Executive Order
13337: The Departments of Energy,
Defense, Transportation, Homeland
Security, Justice, Interior, and
Commerce, and the Environmental
Protection Agency.
The Department of State also intends
to evaluate the potential environmental
effects of the proposed project
consistent with Section 102(C) of the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4332(C)) and
implementing regulations promulgated
by the Council on Environmental
Quality (40 CFR parts 1500–1508) and
the Department of State (22 CFR part
161), including in particular 22 CFR
161.7(c)(1). In addition, the Department
of State intends to conduct
consultations on possible impacts to
traditional or cultural properties with
interested Native American tribes
consistent with Section 106 of the
National Historical Preservation Act
(NHPA).
The
DOS Project Web site
(www.keystonepipeline-xl.state.gov)
provides Project-related information for
viewing and downloading.
FOR FURTHER INFORMATION CONTACT:
Issued in Washington, DC, on May 4, 2012.
Dated: May 4, 2012.
Cynthia H. Akuetteh,
Acting Director, Office of Asia and Western
Hemisphere, Bureau of Energy Resources,
U.S. Department of State.
Dated: May 4, 2012.
George N. Sibley,
Director, Office of Environmental Policy,
Bureau of Oceans and International
Environmental and Scientific Affairs, U.S.
Department of State.
[FR Doc. 2012–11298 Filed 5–9–12; 8:45 am]
BILLING CODE 4710–09–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
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Aviation Proceedings, Agreements
Filed the Week Ending April 28, 2012
The following Agreements were filed
with the Department of Transportation
under the Sections 412 and 414 of the
Federal Aviation Act, as amended (49
U.S.C. 1382 and 1384) and procedures
governing proceedings to enforce these
provisions. Answers may be filed within
21 days after the filing of the
application.
Docket Number: DOT–OST–2012–
0063.
Date Filed: April 23, 2012.
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Parties: Members of the International
Air Transport Association.
Subject: Mail Vote 708TC3, Special
Passenger Amending Resolution 010o,
Special Passenger Amending Resolution
between Myanmar and TC3 (except
South West Pacific), e-Tariffs, 18–20
April 2012. Intended Effective Date: 25
April 2012.
Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. 2012–11308 Filed 5–9–12; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
[Docket No. DOT–OST–2012–0044]
Department of Transportation Updated
Environmental Justice Order 5610.2(a)
Office of the Secretary of
Transportation, DOT.
ACTION: Final DOT Environmental
Justice Order.
AGENCY:
The Department of
Transportation (the Department or DOT)
is issuing an update to Departmental
Order 5610.2(a) (Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations). This Order updates the
Department’s original Environmental
Justice Order, which was published
April 15, 1997. The Order continues to
be a key component of the Department’s
strategy to promote the principles of
environmental justice in all
Departmental programs, policies, and
activities.
DOT Order 5610.2(a) sets forth the
DOT policy to consider environmental
justice principles in all (DOT) programs,
policies, and activities. It describes how
the objectives of environmental justice
will be integrated into planning and
programming, rulemaking, and policy
formulation. The Order sets forth steps
to prevent disproportionately high and
adverse effects to minority or lowincome populations through Title VI
analyses and environmental justice
analyses conducted as part of Federal
transportation planning and NEPA
provisions. It also describes the specific
measures to be taken to address
instances of disproportionately high and
adverse effects and sets forth relevant
definitions.
This updated Order reaffirms DOT’s
commitment to environmental justice
and clarifies certain aspects of the
original Order, including the definitions
SUMMARY:
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of ‘‘minority’’ populations in
compliance with the Office of
Management and Budget’s (OMB)
Revisions to the Standards for the
Classification of Federal Data on Race
and Ethnicity of October 30, 1997. The
revisions clarify the distinction between
a Title VI analysis and an environmental
justice analysis conducted as part of a
NEPA review, and affirm the
importance of considering
environmental justice principles as part
of early planning activities in order to
avoid disproportionately high and
adverse effects. The updated Order
maintains the original Orders general
framework and procedures and DOT’s
commitment to promoting the
principles of environmental justice in
all DOT programs, policies, and
activities.
This Order is effective upon its date
of issuance.
FOR FURTHER INFORMATION CONTACT: Beth
Osborne, Deputy Assistant Secretary for
Transportation Policy, telephone (202)
366–8979, or EJ@dot.gov, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590.
Order 5610.2(a)
Subject: Department of Transportation
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
1. Purpose and Authority
a. This Order updates and clarifies
environmental justice procedures for the
Department in response to the
Memorandum of Understanding on
Environmental Justice signed by heads
of Federal agencies on August 4, 2011,
DOT’s revised environmental justice
strategy issued on March 2, 2012, and
Executive Order 12898, Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations, dated February 11, 1994.
The Department’s original
Environmental Justice Order, issued
April 15, 1997, was a key component of
the Department’s original strategy and
established procedures to be used by
DOT to comply with Executive Order
12898. This revised Order continues to
be a key component of DOT’s
environmental justice strategy. It
updates and clarifies certain aspects of
the original Order while maintaining its
general framework and procedures and
DOT’s commitment to promoting the
principles of environmental justice in
all DOT programs, policies, and
activities. Relevant definitions are in the
Appendix.
b. Executive Order 12898 requires
each Federal agency, to the greatest
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extent practicable and permitted by law,
and consistent with the principles set
forth in the report on the National
Performance Review, to achieve
environmental justice as part of its
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects, including
interrelated social and economic effects,
of its programs, policies, and activities
on minority populations and lowincome populations in the United
States. Compliance with this DOT Order
is a key element in the environmental
justice strategy adopted by DOT to
implement the Executive Order, and can
be achieved within the framework of
existing laws, regulations, and guidance.
c. Consistent with paragraph 6–609 of
Executive Order 12898, this Order is
limited to improving the internal
management of DOT and is not intended
to, nor does it, create any rights,
benefits, or trust responsibility,
substantive or procedural, enforceable at
law or equity, by a party against the
Department, its Operating
Administrations, its officers, or any
person. Nor should this Order be
construed to create any right to judicial
review involving the compliance or
noncompliance with this Order by the
Department, its Operating
Administrations, its officers or any other
person.
2. Scope
This Order applies to the Office of the
Secretary, DOT’s Operating
Administrations, and all other DOT
components.
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3. Effective Date
This Order is effective upon its date
of issuance.
4. Policy
a. It is the policy of DOT to promote
the principles of environmental justice
(as embodied in the Executive Order)
through the incorporation of those
principles in all DOT programs,
policies, and activities. This will be
done by fully considering
environmental justice principles
throughout planning and decisionmaking processes in the development of
programs, policies, and activities, using
the principles of the National
Environmental Policy Act of 1969
(NEPA), Title VI of the Civil Rights Act
of 1964 (Title VI), the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as
amended, (URA), the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Pub. L. 109–59;
SAFETEA–LU) and other DOT statutes,
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regulations and guidance that address or
affect infrastructure planning and
decision-making; social, economic, or
environmental matters; public health;
and public involvement.
b. In complying with this Order, DOT
will rely upon existing authority to
collect data and conduct research
associated with environmental justice
concerns. To the extent permitted by
existing law, and whenever practical
and appropriate to assure that
disproportionately high and adverse
effects on minority or low income
populations are identified and
addressed, DOT shall collect, maintain,
and analyze information on the race,
color, national origin, and income level
of persons adversely affected by DOT
programs, policies, and activities, and
use such information in complying with
this Order.
5. Integration With Existing Operations
a. The Office of the Secretary and
each Operating Administration shall
determine the most effective and
efficient way of integrating the
processes and objectives of this Order
with their existing regulations and
guidance.
b. In undertaking the integration with
existing operations described in
paragraph 5a, DOT shall observe the
following principles:
(1) Environmental justice principles
apply to planning and programming
activities, and early planning activities
are a critical means to avoid
disproportionately high and adverse
effects in future programs, policies, and
activities. Planning and programming
activities for policies, programs, and
activities that have the potential to have
a disproportionately high and adverse
effect on human health or the
environment shall include explicit
consideration of the effects on minority
populations and low-income
populations. Procedures shall be
established or expanded, as necessary,
to provide meaningful opportunities for
public involvement by members of
minority populations and low-income
populations during the planning and
development of programs, policies, and
activities (including the identification of
potential effects, alternatives, and
mitigation measures).
(2) Steps shall be taken to provide the
public, including members of minority
populations and low-income
populations, access to public
information concerning the human
health or environmental impacts of
programs, policies, and activities,
including information that will address
the concerns of minority and lowincome populations regarding the health
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27535
and environmental impacts of the
proposed action.
c. Future rulemaking activities
undertaken pursuant to DOT Order
2100.5 (which governs all DOT
rulemaking), and the development of
any future guidance or procedures for
DOT programs, policies, or activities
that affect human health or the
environment, shall address compliance
with Executive Order 12898 and this
Order, as appropriate.
d. The formulation of future DOT
policy statements and proposals for
legislation that may affect human health
or the environment will include
consideration of the provisions of
Executive Order 12898 and this Order.
6. Ongoing DOT Responsibility
Compliance with Executive Order
12898 is an ongoing DOT responsibility.
DOT will continuously monitor its
programs, policies, and activities to
ensure that disproportionately high and
adverse effects on minority populations
and low-income populations are
avoided, minimized or mitigated in a
manner consistent with this Order and
Executive Order 12898. This Order does
not alter existing assignments or
delegations of authority to the Operating
Administrations or other DOT
components.
7. Preventing Disproportionately High
and Adverse Effects
Under Title VI, each Federal agency is
required to ensure that no person, on
the ground of race, color, or national
origin, is excluded from participation
in, denied the benefits of, or subjected
to discrimination under any program or
activity receiving Federal financial
assistance. This statute affects every
program area in DOT. Consequently,
DOT managers and staff must
administer their programs in a manner
to assure that no person is excluded
from participating in, denied the
benefits of, or subjected to
discrimination by any program or
activity of DOT because of race, color,
or national origin. While Title VI is a
key tool for agencies to use to achieve
environmental justice goals, it is
important to recognize that Title VI
imposes statutory and regulatory
requirements that are broader in scope
than environmental justice. There may
be some overlap between environmental
justice and Title VI analyses; however,
engaging in environmental justice
analysis under Federal transportation
planning and NEPA provisions will not
necessarily satisfy Title VI
requirements. Similarly, a Title VI
analysis would not necessarily satisfy
environmental justice requirements,
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since Title VI does not include lowincome populations. Moreover, Title VI
applies to all Federally-funded projects
and activities, not solely those which
may have adverse human health or
environmental effects on communities.
b. It is DOT’s policy to actively
administer and monitor its operations
and decision-making to assure that
nondiscrimination and the prevention
of disproportionately high and adverse
effects are an integral part of its
programs, policies, and activities. DOT
currently administers policies,
programs, and activities which are
subject to the requirements of NEPA,
Title VI, URA, SAFETEA–LU and other
statutes that involve human health or
environmental matters, or interrelated
social and economic impacts. These
requirements will be administered so as
to identify, early in the development of
the program, policy or activity, the risk
of discrimination and
disproportionately high and adverse
effects so that positive corrective action
can be taken. In implementing these
requirements, the following information
should be obtained where relevant,
appropriate and practical:
—Population served and/or affected by
race, color or national origin, and
income level;
—Proposed steps to guard against
disproportionately high and adverse
effects on persons on the basis of race,
color, or national origin, and income
level;
—Present and proposed membership by
race, color, or national origin, in any
planning or advisory body that is part
of the program, policy or activity.
c. Statutes governing DOT operations
will be administered so as to identify
and avoid discrimination and avoid
disproportionately high and adverse
effects on minority populations and
low-income populations by:
(1) Identifying and evaluating
environmental, public health, and
interrelated social and economic effects
of DOT programs, policies, and
activities,
(2) Proposing measures to avoid,
minimize and/or mitigate
disproportionately high and adverse
environmental and public health effects
and interrelated social and economic
effects, and providing offsetting benefits
and opportunities to enhance
communities, neighborhoods, and
individuals affected by DOT programs,
policies, and activities, where permitted
by law and consistent with the
Executive Order,
(3) Considering alternatives to
proposed programs, policies, and
activities, where such alternatives
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would result in avoiding and/or
minimizing disproportionately high and
adverse human health or environmental
impacts, consistent with the Executive
Order, and
(4) Eliciting public involvement
opportunities and considering the
results thereof, including soliciting
input from affected minority and lowincome populations in considering
alternatives.
8. Actions To Address
Disproportionately High and Adverse
Effects
a. Following the guidance set forth in
this Order and its Appendix, the head
of each Operating Administration and
the responsible officials for other DOT
components shall determine whether
programs, policies, or activities for
which they are responsible will have an
adverse human health or environmental
effect on minority and low-income
populations and whether that adverse
effect will be disproportionately high.
b. In making determinations regarding
disproportionately high and adverse
effects on minority and low-income
populations, mitigation and
enhancements measures that will be
implemented and all offsetting benefits
to the affected minority and low-income
populations may be taken into account,
as well as the design, comparative
impacts, and the relevant number of
similar existing system elements in nonminority and non-low-income areas.
c. The Operating Administrators and
other responsible DOT officials will
ensure that any of their respective
programs, policies or activities that will
have a disproportionately high and
adverse effect on minority populations
or low-income populations will only be
carried out if further mitigation
measures or alternatives that would
avoid or reduce the disproportionately
high and adverse effect are not
practicable. In determining whether a
mitigation measure or an alternative is
‘‘practicable,’’ the social, economic
(including costs) and environmental
effects of avoiding or mitigating the
adverse effects will be taken into
account.
d. The Operating Administrations and
other responsible DOT officials will also
ensure that any of their respective
programs, policies, or activities that will
have a disproportionately high and
adverse effect on populations protected
by Title VI (‘‘protected populations’’)
will only be carried if:
(1) A substantial need for the
program, policy, or activity exists, based
on the overall public interest; and
(2) Alternatives that would have less
adverse effects on protected populations
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(and that still satisfy the need identified
in subparagraph d(1) above), either
(a) Would have other adverse social,
economic, environmental or human
health impacts that are severe; or
(b) Would involve increased costs of
extraordinary magnitude.
e. DOT’s responsibilities under Title
VI and related statutes and regulations
are not limited by this paragraph, nor
does this paragraph limit or preclude
claims by individuals or groups of
people with respect to any DOT
programs, policies, or activities under
these authorities. Nothing in this Order
adds to or reduces existing Title VI due
process mechanisms.
f. The findings, determinations, and/
or demonstration made in accordance
with this section must be appropriately
documented, normally in the
environmental impact statement or
other NEPA document prepared for the
program, policy, or activity, or in other
appropriate planning or program
documentation.
Appendix
1. Definitions
The following terms where used in this
Order shall have the following meanings:
a. DOT means the Office of the Secretary,
DOT Operating Administrations, and all
other DOT components.
b. Low-Income means a person whose
median household income is at or below the
Department of Health and Human Services
poverty guidelines.
c. Minority means a person who is:
(1) Black: A person having origins in any
of the black racial groups of Africa;
(2) Hispanic or Latino: A person of
Mexican, Puerto Rican, Cuban, Central or
South American, or other Spanish culture or
origin, regardless of race;
(3) Asian American: A person having
origins in any of the original peoples of the
Far East, Southeast Asia, or the Indian
subcontinent;
(4) American Indian and Alaskan Native: A
person having origins in any of the original
people of North America, South America
(including Central America), and who
maintains cultural identification through
tribal affiliation or community recognition; or
(5) Native Hawaiian and Other Pacific
Islander: People having origins in any of the
original peoples of Hawaii, Guam, Samoa, or
other Pacific Islands.
d. Low-Income Population means any
readily identifiable group of low-income
persons who live in geographic proximity,
and, if circumstances warrant, geographically
dispersed/transient persons (such as migrant
workers or Native Americans) who will be
similarly affected by a proposed DOT
program, policy or activity.
e. Minority Population means any readily
identifiable groups of minority persons who
live in geographic proximity, and if
circumstances warrant, geographically
dispersed/transient persons (such as migrant
workers or Native Americans) who will be
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices
similarly affected by a proposed DOT
program, policy or activity.
f. Adverse effects means the totality of
significant individual or cumulative human
health or environmental effects, including
interrelated social and economic effects,
which may include, but are not limited to:
Bodily impairment, infirmity, illness or
death; air, noise, and water pollution and soil
contamination; destruction or disruption of
man-made or natural resources; destruction
or diminution of aesthetic values; destruction
or disruption of community cohesion or a
community’s economic vitality; destruction
or disruption of the availability of public and
private facilities and services; vibration;
adverse employment effects; displacement of
persons, businesses, farms, or nonprofit
organizations; increased traffic congestion,
isolation, exclusion or separation of minority
or low-income individuals within a given
community or from the broader community;
and the denial of, reduction in, or significant
delay in the receipt of, benefits of DOT
programs, policies, or activities.
g. Disproportionately high and adverse
effect on minority and low-income
populations means an adverse effect that:
(1) Is predominately borne by a minority
population and/or a low-income population,
or
(2) Will be suffered by the minority
population and/or low-income population
and is appreciably more severe or greater in
magnitude than the adverse effect that will be
suffered by the non-minority population and/
or non-low-income population.
h. Programs, policies, and/or activities
mean all projects, programs, policies, and
activities that affect human health or the
environment, and which are undertaken or
approved by DOT. These include, but are not
limited to, permits, licenses, and financial
assistance provided by DOT. Interrelated
projects within a system may be considered
to be a single project, program, policy or
activity for purposes of this Order.
i. Regulations and guidance means
regulations, programs, policies, guidance,
and procedures promulgated, issued, or
approved by DOT.
Dated: May 2, 2012.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2012–11309 Filed 5–9–12; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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Notice of Passenger Facility Charge
(PFC) Approvals and Disapprovals
Federal Aviation
Administration (FAA), DOT.
ACTION: Monthly Notice of PFC
Approvals and Disapprovals. In April
AGENCY:
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2012, there were two applications
approved. This notice also includes
information on one application,
approved in March 2012, inadvertently
left off the March 2012 notice.
Additionally, two approved
amendments to previously approved
applications are listed.
The FAA publishes a monthly
notice, as appropriate, of PFC approvals
and disapprovals under the provisions
of the Aviation Safety and Capacity
Expansion Act of 1990 (Title IX of the
Omnibus Budget Reconciliation Act of
1990) (Pub. L. 101–508) and Part 158 of
the Federal Aviation Regulations (14
CFR Part 158). This notice is published
pursuant to paragraph d of § 158.29.
SUMMARY:
PFC Applications Approved
Public Agency: Tri-Cities Airport
Commission, Blountsville, Tennessee.
Application Number: 12–04–C–00–
TRI.
Application Type: Impose and use a
PFC.
PFC Level: $4.50.
Total PFC Revenue Approved in This
Decision: $489,869.
Earliest Charge Effective Date: June 1,
2014.
Estimated Charge Expiration Date:
January 1, 2015.
Class of Air Carriers Not Required to
Collect PFC’s: Nonscheduled/ondemand air carriers filing FAA Form
1800–31.
Determination: Approved. Based on
information submitted in the public
agency’s application, the FAA has
determined that the proposed class
accounts for less than 1 percent of the
total annual enplanements at Tri-Cities
Regional Airport.
Brief Description of Projects Approved
for Collection and Use:
Taxiway R extension and road
relocation—design.
Runway 5/23 pavement
rehabilitation—design.
Property acquisition—parcel 40.
In-line baggage system.
Runway high speed snow removal
broom.
Taxiway R extension and road
relocation—construction.
PFC administrative costs.
Decision Date: March 27, 2012.
For Further Information Contact:
Cynthia Wills, Memphis Airports
District Office, (901) 322–8190.
Public Agency: Great Falls
International Airport Authority, Great
Falls, Montana.
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27537
Application Number: 12–04–C–00–
GTF.
Application Type: Impose and use a
PFC.
PFC Level: $4.50.
Total PFC Revenue Approved in This
Decision: $4,040,904.
Earliest Charge Effective Date:
November 1, 2016.
Estimated Charge Expiration Date:
June 1, 2021.
Class of Air Carriers Not Required to
Collect PFC’S: Air taxi/commercial
operators filing FM Form 1800–31.
Determination: Approved. Based on
information submitted in the public
agency’s application, the FAA has
determined that the proposed class
accounts for less than 1 percent of the
total annual enplanements at Great Falls
International Airport.
Brief Description of Projects Approved
for Collection and Use:
Correct runway 3/21 line of sight
deficiency.
Install category III instrument landing
system.
2005 purchase of airport power
sweeper.
Terminal rehabilitation, phase I.
Purchase airport snow removal truck/
plow.
Design and construct noise mitigation
measures for residences.
Decision Date: April 12, 2012.
For Further Information Contact:
Jason Garwood, Helena Airports District
Office, (406) 449–5078.
Public Agency: Port of Pasco, Pasco,
Washington.
Application Number: 12–08–C–00–
PSC.
Application Type: Impose and use a
PFC.
PFC Level: $4.50.
Total PFC Revenue Approved in This
Decision: $3,865,000.
Earliest Charge Effective Date: May 1,
2015.
Estimated Charge Expiration Date:
April 1, 2022.
Class of Air Carriers Not Required to
Collect PFC’s: None.
Brief Description of Projects Approved
for Collection and Use:
Terminal area plan.
Terminal building rehabilitation.
Runway sweeper acquisition.
PFC administration.
Decision Date: April 12, 2012.
For Further Information Contact:
Trang Tran, Seattle Airports District
Office, (425) 227–1662.
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]]>Agencies
[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27534-27537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11309]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
[Docket No. DOT-OST-2012-0044]
Department of Transportation Updated Environmental Justice Order
5610.2(a)
AGENCY: Office of the Secretary of Transportation, DOT.
ACTION: Final DOT Environmental Justice Order.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (the Department or DOT) is
issuing an update to Departmental Order 5610.2(a) (Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations). This Order updates the Department's original
Environmental Justice Order, which was published April 15, 1997. The
Order continues to be a key component of the Department's strategy to
promote the principles of environmental justice in all Departmental
programs, policies, and activities.
DOT Order 5610.2(a) sets forth the DOT policy to consider
environmental justice principles in all (DOT) programs, policies, and
activities. It describes how the objectives of environmental justice
will be integrated into planning and programming, rulemaking, and
policy formulation. The Order sets forth steps to prevent
disproportionately high and adverse effects to minority or low-income
populations through Title VI analyses and environmental justice
analyses conducted as part of Federal transportation planning and NEPA
provisions. It also describes the specific measures to be taken to
address instances of disproportionately high and adverse effects and
sets forth relevant definitions.
This updated Order reaffirms DOT's commitment to environmental
justice and clarifies certain aspects of the original Order, including
the definitions of ``minority'' populations in compliance with the
Office of Management and Budget's (OMB) Revisions to the Standards for
the Classification of Federal Data on Race and Ethnicity of October 30,
1997. The revisions clarify the distinction between a Title VI analysis
and an environmental justice analysis conducted as part of a NEPA
review, and affirm the importance of considering environmental justice
principles as part of early planning activities in order to avoid
disproportionately high and adverse effects. The updated Order
maintains the original Orders general framework and procedures and
DOT's commitment to promoting the principles of environmental justice
in all DOT programs, policies, and activities.
This Order is effective upon its date of issuance.
FOR FURTHER INFORMATION CONTACT: Beth Osborne, Deputy Assistant
Secretary for Transportation Policy, telephone (202) 366-8979, or
EJ@dot.gov, U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Washington, DC 20590.
Order 5610.2(a)
Subject: Department of Transportation Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
1. Purpose and Authority
a. This Order updates and clarifies environmental justice
procedures for the Department in response to the Memorandum of
Understanding on Environmental Justice signed by heads of Federal
agencies on August 4, 2011, DOT's revised environmental justice
strategy issued on March 2, 2012, and Executive Order 12898, Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, dated February 11, 1994.
The Department's original Environmental Justice Order, issued April
15, 1997, was a key component of the Department's original strategy and
established procedures to be used by DOT to comply with Executive Order
12898. This revised Order continues to be a key component of DOT's
environmental justice strategy. It updates and clarifies certain
aspects of the original Order while maintaining its general framework
and procedures and DOT's commitment to promoting the principles of
environmental justice in all DOT programs, policies, and activities.
Relevant definitions are in the Appendix.
b. Executive Order 12898 requires each Federal agency, to the
greatest
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extent practicable and permitted by law, and consistent with the
principles set forth in the report on the National Performance Review,
to achieve environmental justice as part of its mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects, including interrelated social
and economic effects, of its programs, policies, and activities on
minority populations and low-income populations in the United States.
Compliance with this DOT Order is a key element in the environmental
justice strategy adopted by DOT to implement the Executive Order, and
can be achieved within the framework of existing laws, regulations, and
guidance.
c. Consistent with paragraph 6-609 of Executive Order 12898, this
Order is limited to improving the internal management of DOT and is not
intended to, nor does it, create any rights, benefits, or trust
responsibility, substantive or procedural, enforceable at law or
equity, by a party against the Department, its Operating
Administrations, its officers, or any person. Nor should this Order be
construed to create any right to judicial review involving the
compliance or noncompliance with this Order by the Department, its
Operating Administrations, its officers or any other person.
2. Scope
This Order applies to the Office of the Secretary, DOT's Operating
Administrations, and all other DOT components.
3. Effective Date
This Order is effective upon its date of issuance.
4. Policy
a. It is the policy of DOT to promote the principles of
environmental justice (as embodied in the Executive Order) through the
incorporation of those principles in all DOT programs, policies, and
activities. This will be done by fully considering environmental
justice principles throughout planning and decision-making processes in
the development of programs, policies, and activities, using the
principles of the National Environmental Policy Act of 1969 (NEPA),
Title VI of the Civil Rights Act of 1964 (Title VI), the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, (URA), the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59; SAFETEA-
LU) and other DOT statutes, regulations and guidance that address or
affect infrastructure planning and decision-making; social, economic,
or environmental matters; public health; and public involvement.
b. In complying with this Order, DOT will rely upon existing
authority to collect data and conduct research associated with
environmental justice concerns. To the extent permitted by existing
law, and whenever practical and appropriate to assure that
disproportionately high and adverse effects on minority or low income
populations are identified and addressed, DOT shall collect, maintain,
and analyze information on the race, color, national origin, and income
level of persons adversely affected by DOT programs, policies, and
activities, and use such information in complying with this Order.
5. Integration With Existing Operations
a. The Office of the Secretary and each Operating Administration
shall determine the most effective and efficient way of integrating the
processes and objectives of this Order with their existing regulations
and guidance.
b. In undertaking the integration with existing operations
described in paragraph 5a, DOT shall observe the following principles:
(1) Environmental justice principles apply to planning and
programming activities, and early planning activities are a critical
means to avoid disproportionately high and adverse effects in future
programs, policies, and activities. Planning and programming activities
for policies, programs, and activities that have the potential to have
a disproportionately high and adverse effect on human health or the
environment shall include explicit consideration of the effects on
minority populations and low-income populations. Procedures shall be
established or expanded, as necessary, to provide meaningful
opportunities for public involvement by members of minority populations
and low-income populations during the planning and development of
programs, policies, and activities (including the identification of
potential effects, alternatives, and mitigation measures).
(2) Steps shall be taken to provide the public, including members
of minority populations and low-income populations, access to public
information concerning the human health or environmental impacts of
programs, policies, and activities, including information that will
address the concerns of minority and low-income populations regarding
the health and environmental impacts of the proposed action.
c. Future rulemaking activities undertaken pursuant to DOT Order
2100.5 (which governs all DOT rulemaking), and the development of any
future guidance or procedures for DOT programs, policies, or activities
that affect human health or the environment, shall address compliance
with Executive Order 12898 and this Order, as appropriate.
d. The formulation of future DOT policy statements and proposals
for legislation that may affect human health or the environment will
include consideration of the provisions of Executive Order 12898 and
this Order.
6. Ongoing DOT Responsibility
Compliance with Executive Order 12898 is an ongoing DOT
responsibility. DOT will continuously monitor its programs, policies,
and activities to ensure that disproportionately high and adverse
effects on minority populations and low-income populations are avoided,
minimized or mitigated in a manner consistent with this Order and
Executive Order 12898. This Order does not alter existing assignments
or delegations of authority to the Operating Administrations or other
DOT components.
7. Preventing Disproportionately High and Adverse Effects
Under Title VI, each Federal agency is required to ensure that no
person, on the ground of race, color, or national origin, is excluded
from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal
financial assistance. This statute affects every program area in DOT.
Consequently, DOT managers and staff must administer their programs in
a manner to assure that no person is excluded from participating in,
denied the benefits of, or subjected to discrimination by any program
or activity of DOT because of race, color, or national origin. While
Title VI is a key tool for agencies to use to achieve environmental
justice goals, it is important to recognize that Title VI imposes
statutory and regulatory requirements that are broader in scope than
environmental justice. There may be some overlap between environmental
justice and Title VI analyses; however, engaging in environmental
justice analysis under Federal transportation planning and NEPA
provisions will not necessarily satisfy Title VI requirements.
Similarly, a Title VI analysis would not necessarily satisfy
environmental justice requirements,
[[Page 27536]]
since Title VI does not include low-income populations. Moreover, Title
VI applies to all Federally-funded projects and activities, not solely
those which may have adverse human health or environmental effects on
communities.
b. It is DOT's policy to actively administer and monitor its
operations and decision-making to assure that nondiscrimination and the
prevention of disproportionately high and adverse effects are an
integral part of its programs, policies, and activities. DOT currently
administers policies, programs, and activities which are subject to the
requirements of NEPA, Title VI, URA, SAFETEA-LU and other statutes that
involve human health or environmental matters, or interrelated social
and economic impacts. These requirements will be administered so as to
identify, early in the development of the program, policy or activity,
the risk of discrimination and disproportionately high and adverse
effects so that positive corrective action can be taken. In
implementing these requirements, the following information should be
obtained where relevant, appropriate and practical:
--Population served and/or affected by race, color or national origin,
and income level;
--Proposed steps to guard against disproportionately high and adverse
effects on persons on the basis of race, color, or national origin, and
income level;
--Present and proposed membership by race, color, or national origin,
in any planning or advisory body that is part of the program, policy or
activity.
c. Statutes governing DOT operations will be administered so as to
identify and avoid discrimination and avoid disproportionately high and
adverse effects on minority populations and low-income populations by:
(1) Identifying and evaluating environmental, public health, and
interrelated social and economic effects of DOT programs, policies, and
activities,
(2) Proposing measures to avoid, minimize and/or mitigate
disproportionately high and adverse environmental and public health
effects and interrelated social and economic effects, and providing
offsetting benefits and opportunities to enhance communities,
neighborhoods, and individuals affected by DOT programs, policies, and
activities, where permitted by law and consistent with the Executive
Order,
(3) Considering alternatives to proposed programs, policies, and
activities, where such alternatives would result in avoiding and/or
minimizing disproportionately high and adverse human health or
environmental impacts, consistent with the Executive Order, and
(4) Eliciting public involvement opportunities and considering the
results thereof, including soliciting input from affected minority and
low-income populations in considering alternatives.
8. Actions To Address Disproportionately High and Adverse Effects
a. Following the guidance set forth in this Order and its Appendix,
the head of each Operating Administration and the responsible officials
for other DOT components shall determine whether programs, policies, or
activities for which they are responsible will have an adverse human
health or environmental effect on minority and low-income populations
and whether that adverse effect will be disproportionately high.
b. In making determinations regarding disproportionately high and
adverse effects on minority and low-income populations, mitigation and
enhancements measures that will be implemented and all offsetting
benefits to the affected minority and low-income populations may be
taken into account, as well as the design, comparative impacts, and the
relevant number of similar existing system elements in non-minority and
non-low-income areas.
c. The Operating Administrators and other responsible DOT officials
will ensure that any of their respective programs, policies or
activities that will have a disproportionately high and adverse effect
on minority populations or low-income populations will only be carried
out if further mitigation measures or alternatives that would avoid or
reduce the disproportionately high and adverse effect are not
practicable. In determining whether a mitigation measure or an
alternative is ``practicable,'' the social, economic (including costs)
and environmental effects of avoiding or mitigating the adverse effects
will be taken into account.
d. The Operating Administrations and other responsible DOT
officials will also ensure that any of their respective programs,
policies, or activities that will have a disproportionately high and
adverse effect on populations protected by Title VI (``protected
populations'') will only be carried if:
(1) A substantial need for the program, policy, or activity exists,
based on the overall public interest; and
(2) Alternatives that would have less adverse effects on protected
populations (and that still satisfy the need identified in subparagraph
d(1) above), either
(a) Would have other adverse social, economic, environmental or
human health impacts that are severe; or
(b) Would involve increased costs of extraordinary magnitude.
e. DOT's responsibilities under Title VI and related statutes and
regulations are not limited by this paragraph, nor does this paragraph
limit or preclude claims by individuals or groups of people with
respect to any DOT programs, policies, or activities under these
authorities. Nothing in this Order adds to or reduces existing Title VI
due process mechanisms.
f. The findings, determinations, and/or demonstration made in
accordance with this section must be appropriately documented, normally
in the environmental impact statement or other NEPA document prepared
for the program, policy, or activity, or in other appropriate planning
or program documentation.
Appendix
1. Definitions
The following terms where used in this Order shall have the
following meanings:
a. DOT means the Office of the Secretary, DOT Operating
Administrations, and all other DOT components.
b. Low-Income means a person whose median household income is at
or below the Department of Health and Human Services poverty
guidelines.
c. Minority means a person who is:
(1) Black: A person having origins in any of the black racial
groups of Africa;
(2) Hispanic or Latino: A person of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish culture or
origin, regardless of race;
(3) Asian American: A person having origins in any of the
original peoples of the Far East, Southeast Asia, or the Indian
subcontinent;
(4) American Indian and Alaskan Native: A person having origins
in any of the original people of North America, South America
(including Central America), and who maintains cultural
identification through tribal affiliation or community recognition;
or
(5) Native Hawaiian and Other Pacific Islander: People having
origins in any of the original peoples of Hawaii, Guam, Samoa, or
other Pacific Islands.
d. Low-Income Population means any readily identifiable group of
low-income persons who live in geographic proximity, and, if
circumstances warrant, geographically dispersed/transient persons
(such as migrant workers or Native Americans) who will be similarly
affected by a proposed DOT program, policy or activity.
e. Minority Population means any readily identifiable groups of
minority persons who live in geographic proximity, and if
circumstances warrant, geographically dispersed/transient persons
(such as migrant workers or Native Americans) who will be
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similarly affected by a proposed DOT program, policy or activity.
f. Adverse effects means the totality of significant individual
or cumulative human health or environmental effects, including
interrelated social and economic effects, which may include, but are
not limited to: Bodily impairment, infirmity, illness or death; air,
noise, and water pollution and soil contamination; destruction or
disruption of man-made or natural resources; destruction or
diminution of aesthetic values; destruction or disruption of
community cohesion or a community's economic vitality; destruction
or disruption of the availability of public and private facilities
and services; vibration; adverse employment effects; displacement of
persons, businesses, farms, or nonprofit organizations; increased
traffic congestion, isolation, exclusion or separation of minority
or low-income individuals within a given community or from the
broader community; and the denial of, reduction in, or significant
delay in the receipt of, benefits of DOT programs, policies, or
activities.
g. Disproportionately high and adverse effect on minority and
low-income populations means an adverse effect that:
(1) Is predominately borne by a minority population and/or a
low-income population, or
(2) Will be suffered by the minority population and/or low-
income population and is appreciably more severe or greater in
magnitude than the adverse effect that will be suffered by the non-
minority population and/or non-low-income population.
h. Programs, policies, and/or activities mean all projects,
programs, policies, and activities that affect human health or the
environment, and which are undertaken or approved by DOT. These
include, but are not limited to, permits, licenses, and financial
assistance provided by DOT. Interrelated projects within a system
may be considered to be a single project, program, policy or
activity for purposes of this Order.
i. Regulations and guidance means regulations, programs,
policies, guidance, and procedures promulgated, issued, or approved
by DOT.
Dated: May 2, 2012.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2012-11309 Filed 5-9-12; 8:45 am]
BILLING CODE 4910-9X-P
