Section 139 Efficient Environmental Reviews for Project Decisionmaking and One Federal Decision Interim Final Guidance, 102246-102248 [2024-29637]
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ddrumheller on DSK120RN23PROD with NOTICES1
102246
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
County, Texas. This project will
construct four elevated SH 35 main
lanes in the median and intersection
improvements at FM 528 and Wheeler
Rd. The project will also reconstruct the
existing SH 35 lanes to serve as frontage
roads. The length of the project is
approximately 1.33 mile. The actions by
TxDOT and Federal agencies and the
laws under which such actions were
taken are described in the Categorical
Exclusion Determination issued on
November 25, 2024, and other
documents in the TxDOT project file.
The Categorical Exclusion
Determination and other documents in
the TxDOT project file are available by
contacting the TxDOT Houston District
Office at 7600 Washington Avenue,
Houston, Texas 77007; telephone: (713)
802–5000.
10. FM 2100 from Huffman-Cleveland
Road (North) to SH 99 (Grand Parkway),
Harris County, Texas. The 5.6-mile-long
project will expand the roadway from
two lanes to a four-lane divided
highway with a sidewalk on one side
and a shared use path on the other. Part
of the road will be realigned on new
location. The actions by TxDOT and
Federal agencies and the laws under
which such actions were taken are
described in the Final Environmental
Assessment (EA), the Finding of No
Significant Impact (FONSI) issued on
September 13, 2024, and other
documents in the TxDOT project file.
The EA, FONSI and other documents in
the TxDOT project file are available by
contacting the TxDOT Houston District
Office at 7600 Washington Avenue,
Houston, TX 77007; telephone: (713)
802–5000.
11. FM 6 from SH 78 to FM 1777,
Collin County, Texas. The project
includes reconstruction to an ultimate
phase of six 12-foot-wide travel lanes
(three lanes in each direction), with an
interim phase of four 12-foot-wide lanes
(two lanes in each direction). The
roadway facility will also include
shoulders, dedicated turn lanes, and
shared use paths. The shared use paths
will be included along both the south
and north sides of the roadway
alignment. This project is approximately
7.88 miles in length. The actions by
TxDOT and Federal agencies and the
laws under which such actions were
taken are described in the Final
Environmental Assessment (EA),
Finding of No Significant Impact
(FONSI) issued on October 16, 2024,
and other documents in the TxDOT
project file. The EA, FONSI, and other
documents in the TxDOT project file are
available by contacting the TxDOT
Dallas District Office at 4777 E.
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Highway 80, Mesquite, TX 75150;
telephone: (214) 320–4480.
12. FM 1387 from North Midlothian
Parkway to FM 664, Ellis County, Texas.
The project will include the expansion
of the current two-lane roadway to an
interim four-lane roadway (ultimate sixlane roadway). The improvements
consist of 11- to 12-foot-wide travel
lanes with a 10-foot-wide shared use
path in the westbound direction and a
5-foot-wide sidewalk in the eastbound
direction with a variable-width, raised
median. This project is approximately
5.8 miles in length. The actions by
TxDOT and Federal agencies and the
laws under which such actions were
taken are described in the Final
Environmental Assessment (EA),
Finding of No Significant Impact
(FONSI) issued on November 13, 2024,
and other documents in the TxDOT
project file. The EA, FONSI, and other
documents in the TxDOT project file are
available by contacting the TxDOT
Dallas District Office at 4777 E.
Highway 80, Mesquite, TX 75150;
telephone: (214) 320–4480.
13. SL 390/US 59 Relief Route (Future
I–369), from 0.7 mile north of US 80 to
I–20, Harrison County, Texas. The
project will construct a controlled
access roadway with two southbound
12-foot main lanes and two northbound
12-foot main lanes separated by a grassy
median. One-way frontage roads will be
constructed on either side of the
proposed roadway and will consist of
two 12-foot travel lanes offset from the
main lanes by a grassy median. On- and
off-ramps will be constructed
throughout the length of the proposed
roadway. The actions by TxDOT and
Federal agencies and the laws under
which such actions were taken are
described in the Final Environmental
Assessment (EA), the Finding of No
Significant Impact (FONSI) issued on
November 20, 2024, and other
documents in the TxDOT project file.
The EA, FONSI, and other documents in
the TxDOT project file are available by
contacting the TxDOT Atlanta District
Office at 701 E. Main Street, Atlanta,
Texas 75551; telephone: (903) 796–
2851.
Authority: 23 U.S.C. 139(l)(1)
Michael T. Leary,
Director, Planning and Program Development,
Federal Highway Administration.
[FR Doc. 2024–29756 Filed 12–16–24; 8:45 am]
BILLING CODE 4910–22–P
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Railroad Administration
Federal Transit Administration
[Docket No.: FHWA–2024–0078]
Section 139 Efficient Environmental
Reviews for Project Decisionmaking
and One Federal Decision Interim Final
Guidance
Federal Highway
Administration (FHWA), Federal
Railroad Administration (FRA), Federal
Transit Administration (FTA), U.S.
Department of Transportation (DOT).
ACTION: Notice; request for comments.
AGENCY:
This notice requests
comments on FHWA, FRA, and FTA’s
(collectively the ‘‘Agencies’’) revised
Section 139 Efficient Environmental
Reviews for Project Decisionmaking and
One Federal Decision Interim Final
Guidance (Interim Final Guidance). This
Interim Final Guidance explains the
environmental review process and best
management practices for the surface
transportation projects to which the
Section 139 environmental review
process applies. This Interim Final
Guidance supersedes and replaces the
SAFETEA–LU Environmental Review
Process Final Guidance, jointly issued
by FHWA and FTA in 2006. This
Interim Final Guidance reflects statutory
amendments to the Section 139
environmental review process and
includes information on the FRA and
railroad projects.
DATES: This Interim Final Guidance is
effective on December 17, 2024.
Comments must be received on or
before February 18, 2025. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit comments by only one of
the following means:
• Federal eRulemaking Portal:
www.regulations.gov. This website
allows the public to enter comments on
any Federal Register notice issued by
any agency. Follow the online
instructions for submitting comments.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
SUMMARY:
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
Washington, DC 20590 between 9 a.m.
and 5 p.m., ET, Monday through Friday,
except Federal holidays. The telephone
number is (202) 366–9329.
• Instructions: You should identify
the agency name (Federal Highway
Administration, Federal Railroad
Administration or Federal Transit
Administration) and the docket number
at the beginning of your comments. Late
comments will be considered to the
extent practicable. Note that all
comments received will be posted
without change to www.regulations.gov,
including any personal information
provided.
For
the FHWA: Ms. Damaris Santiago,
Office of Project Development and
Environmental Review, (202) 494–2862,
damaris.santiago@dot.gov, or Ms. Diane
Mobley, Office of Chief Counsel, (202)
366–1366, Diane.Mobley@dot.gov. For
FRA: Ms. Marlys Osterhues, Office of
Environmental Program Management,
(202) 493–0413, marlys.osterhues@
dot.gov, or Mr. Faris Mohammed, Office
of Chief Counsel, (202) 493–7064,
faris.mohammed@dot.gov. For FTA: Ms.
Megan Blum, Office of Environmental
Policy and Programs, (202) 366–0463,
Megan.Blum@dot.gov, or Mr. Mark
Montgomery, Office of Chief Counsel,
(202) 366–1017, mark.montgomery@
dot.gov. Office hours are from 9:00 a.m.
to 5:00 p.m., ET, Monday through
Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Electronic Access
A copy of the Interim Final Guidance
is available for download and public
inspection through www.regulations.gov
using the docket number listed above,
and on the FHWA, FRA and FTA
websites, respectively:
www.fhwa.dot.gov,
www.railroads.dot.gov, and
www.transit.dot.gov. Electronic retrieval
assistance and guidelines are also
available at www.regulations.gov. An
electronic copy of this document also
may be downloaded from the Office of
the Federal Register’s website at:
www.FederalRegister.gov and the U.S.
Government Publishing Office’s website
at: www.GovInfo.gov.
ddrumheller on DSK120RN23PROD with NOTICES1
Background
Section 6002 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU),
(Pub. L. 109–59), codified at 23 U.S.C.
139, prescribed changes to: FHWA and
FTA procedures for implementing the
National Environmental Policy Act of
1969 (NEPA), as amended; the Council
on Environmental Quality’s (CEQ)
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19:45 Dec 16, 2024
Jkt 265001
implementing regulations, 40 CFR parts
1500–1508; and FHWA’s and FTA’s
NEPA procedures, 23 CFR part 771.
Section 6002 was intended to make the
FHWA and FTA environmental review
processes more efficient and to protect
environmental and community
resources.
On November 16, 2006, FHWA and
FTA jointly issued guidance (71 FR
66576), titled SAFETEA–LU
Environmental Review Process Final
Guidance (2006 Guidance). Since the
2006 Guidance, there have been
statutory amendments to the Section
139 environmental review process as a
result of the following: subtitle c of the
Moving Ahead for Progress in the 21st
Century Act (MAP–21), (Pub. L. 112–
141); section 1304 of the Fixing
America’s Surface Transportation Act
(FAST Act) (Pub. L. 114–94); section
11301 of the Infrastructure Investment
and Jobs Act (IIJA) (Pub. L. 117–58, also
known as the ‘‘Bipartisan Infrastructure
Law’’ (BIL)); and amendments to NEPA
in section 321 of the Fiscal
Responsibility Act (Pub. L. 118–5).
The MAP–21 amended the Section
139 environmental review process by
promoting accelerated project delivery
through the increased use of categorical
exclusions, programmatic approaches
and planning and environment
linkages.1 The FAST Act further
amended the Section 139 environmental
review process by institutionalizing best
practices for accelerating complex
infrastructure projects without
undermining critical environmental
laws or opportunities for public
engagement. In addition, section 11503
of the FAST Act required FRA to apply
the Section 139 environmental review
process to railroad projects to the
greatest extent feasible. 49 U.S.C. 24201.
The BIL further amended the Section
139 environmental review process by
codifying the One Federal Decision
process for major projects.2
In 2023, section 321 of the Fiscal
Responsibility Act amended NEPA.
However, the Fiscal Responsibility Act
did not amend the Sec. 139
environmental review process. The
Agencies have harmonized the NEPA
amendments and the Sec. 139
environmental review process to the
maximum extent possible in the Interim
Final Guidance. In a few instances, the
1 On March 13, 2015, FHWA and FTA published
a notice of availability and accepted public
comments on proposed revisions to the guidance to
reflect the provisions of MAP–21. However, the
proposed guidance was not finalized. All comments
received were considered by the Agencies in
drafting this Interim Final Guidance.
2 The term ‘‘major project’’ is defined in 23 U.S.C.
139(a)(7).
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102247
Sec. 139 environmental review process
provides specific procedural
instructions that control for certain
types of projects, and these are pointed
out in the guidance.
The Agencies are jointly issuing
interim final guidance on the Section
139 environmental review process that
reflects amendments to 23 U.S.C. 139,
including the addition of FRA and
applicability to railroad projects, and
NEPA, as amended by the Fiscal
Responsibility Act. This Interim Final
Guidance, currently effective,
supersedes and replaces the 2006
Guidance. This Interim Final Guidance
will remain in effect until final guidance
is issued or this interim final guidance
is rescinded. This Interim Final
Guidance does not supersede guidance
and regulations promulgated by the
Agencies under NEPA, including 23
CFR part 771.
Summary of Previous Comments
Received
The FHWA and FTA published a
proposed revised guidance following
enactment of MAP–21 for public
comment on March 13, 2015 (80 FR
13458). While the 2015 proposed
guidance was never finalized, the
Agencies considered all comments in
developing this Interim Final Guidance.
The Agencies received 11 comments
from: one Federal agency (U.S.
Department of the Interior), three State
departments of transportation (New
York, Texas, and Wisconsin), three
transit authorities (San Francisco Bay
Area Rapid Transit District, San
Francisco Municipal Transportation
Agency, and Tri-County Metropolitan
Transportation District of Oregon), one
State agency (State of Arizona Game and
Fish Department), and three
professional associations (American
Public Transportation Association,
American Association of State Highway
and Transportation Officials, and the
American Road & Transportation
Builders Association). Seven of the 11
commenters offered general support for
the draft guidance, but all 11
commenters suggested revisions to
specific questions or answers found in
the draft guidance. The Agencies
considered all comments in developing
this Interim Final Guidance but note
that some comments were superseded
by the enactment of the FAST Act or
other statutory amendments. All
comments can be found at: https://
www.regulations.gov/docket/FHWA2015-0001/comments.
Request for Comments
The Agencies request comments on
this Interim Final Guidance, which is
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102248
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
available in the docket for this notice
and on FHWA’s, FTA’s and FRA’s
websites. The Agencies will consider
any substantive comments received on
the Interim Final Guidance and will
either revise this interim guidance based
on comments received or will finalize
this interim guidance.
Authority: 23 U.S.C. 139; Pub. L. 112–
141, 126 Stat. 405; Pub. L. 114–94, 129
Stat. 1312; Pub. L. 117–58, 135 Stat.
429; Pub. L. 118–5, 137 Stat. 10; 23 CFR
part 771; 40 CFR parts 1500–1508.
Kristin White,
Acting Administrator, Federal Highway
Administration.
Amitabha Bose,
Administrator, Federal Railroad
Administration.
Veronica Vanterpool,
Deputy Administrator, Federal Transit
Administration.
[FR Doc. 2024–29637 Filed 12–16–24; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA–2021–0010]
Notice of Availability of Final Policy
Guidance for the Capital Investment
Grants Program
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice of availability of final
policy guidance for the Capital
Investment Grants program.
AGENCY:
The Federal Transit
Administration (FTA) is making
available the agency’s final policy
guidance for the Capital Investment
Grants (CIG) program. This version
amends FTA’s Initial CIG Policy
Guidance published in January 2023,
and incorporates feedback FTA received
from the public comment on its
proposed Policy Guidance published in
the Federal Register in April 2024. The
final guidance has been placed in the
docket and posted on the FTA website.
The policy guidance complements
FTA’s regulations that govern the CIG
program.
DATES: This final policy guidance is
effective January 16, 2025. Companion
documents to the CIG Policy Guidance
such as reporting instructions, CIG
reporting templates, and standard cost
category worksheets will be updated on
the FTA website prior to the effective
date.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Day, FTA Office of Planning
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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and Environment, telephone (202) 366–
5159 or Elizabeth.Day@dot.gov.
SUPPLEMENTARY INFORMATION: This final
policy guidance document contains
binding obligations, which 49 U.S.C.
5334(k) defines as ‘‘a substantive policy
statement, rule, or guidance document
issued by the Federal Transit
Administration that grants rights,
imposes obligations, produces
significant effects on private interests, or
effects a significant change in existing
policy.’’ Under 49 U.S.C. 5334(k), FTA
may issue binding obligations if it
follows notice and comment rulemaking
procedures under 5 U.S.C. 553. Prior to
making the amendments announced
today, FTA followed such procedures.
The policy guidance that FTA
periodically issues for the CIG program
complements the FTA regulations that
govern the CIG program, codified at 49
CFR part 611. The regulations set forth
the process that grant applicants must
follow to be considered for discretionary
funding under the CIG program, and the
procedures and criteria FTA uses to rate
and evaluate projects to determine their
eligibility for discretionary CIG program
funding. The policy guidance provides
a greater level of detail about the
methods FTA uses and the sequential
steps a sponsor must follow in
developing a project.
Pursuant to 49 U.S.C. 5309(g)(5), FTA
is required to publish policy guidance
on the CIG program each time the
agency makes significant changes to the
review and evaluation process and
criteria, but not less frequently than
once every two years. In April 2024,
FTA published a notice in the Federal
Register (89 FR 24086), seeking
comment on proposed changes to FTA’s
Initial CIG Policy Guidance issued in
January 2023 (88 FR 2166), which were
informed by feedback FTA received in
response to its Request for Information
published in the Federal Register in
July 2021 (86 FR 37402). The amended
Final CIG program policy guidance is
being made available today on the
agency’s public website at https://
www.transit.dot.gov/funding/grantprograms/capital-investments/capitalinvestment-grants-program-regulationsguidance, and in the docket at https://
www.regulations.gov/docket/FTA-20210010/. Additionally, FTA’s response to
the comments received on the proposed
changes are available in the docket.
FTA is exempting certain projects
from following the new amended Final
CIG Policy Guidance. Specifically,
projects already in the Project
Development or Engineering phases of
the CIG program as of the date of
publication of this notice that have been
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evaluated and rated at least once by
FTA under the January 2023 CIG Policy
Guidance and that meet the
requirements for receipt of a CIG
construction grant award by the end of
calendar year 2025 are exempt from
following the new amended Final CIG
Policy Guidance. These projects may
continue to follow the January 2023
Initial CIG Policy Guidance. To
demonstrate a project has met the
requirements for receipt of a
construction grant award by the end of
calendar year 2025, the project sponsor
must submit a complete construction
grant application to FTA no later than
September 1, 2025. If a project sponsor
desires to have an exempt project
evaluated and rated under the new
amended Final CIG Policy Guidance
rather than the prior January 2023 Initial
CIG Policy Guidance, the sponsor may
notify FTA of this desire.
Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024–29616 Filed 12–16–24; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
[Docket Number: DOT–OST–2024–0120]
RIN 2105–AF17
USDOT Federal Flood Risk
Management Standard (FFRMS)
Interim Guidelines
Office of the Secretary, DOT.
Notice of availability; request
for comments.
AGENCY:
ACTION:
The impacts of flooding affect
the environment, economic prosperity,
and public health and safety across the
Nation. The Federal Flood Risk
Management Standard (FFRMS) seeks to
improve the resilience of communities
and Federal assets against the impacts of
flooding from extreme events and
climate change. DOT has developed
these FFRMS Interim Guidelines to
advance the goals of the FFRMS and to
outline the steps DOT is taking to
implement the FFRMS across the
Department.
DATES: Comments due by February 18,
2025.
ADDRESSES: You may send comments,
identified by docket number DOT–OST–
2024–0120 by the following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for sending comments.
FOR FURTHER INFORMATION CONTACT:
Heather Holsinger, 202–366–6263,
Heather.Holsinger@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102246-102248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29637]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Railroad Administration
Federal Transit Administration
[Docket No.: FHWA-2024-0078]
Section 139 Efficient Environmental Reviews for Project
Decisionmaking and One Federal Decision Interim Final Guidance
AGENCY: Federal Highway Administration (FHWA), Federal Railroad
Administration (FRA), Federal Transit Administration (FTA), U.S.
Department of Transportation (DOT).
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice requests comments on FHWA, FRA, and FTA's
(collectively the ``Agencies'') revised Section 139 Efficient
Environmental Reviews for Project Decisionmaking and One Federal
Decision Interim Final Guidance (Interim Final Guidance). This Interim
Final Guidance explains the environmental review process and best
management practices for the surface transportation projects to which
the Section 139 environmental review process applies. This Interim
Final Guidance supersedes and replaces the SAFETEA-LU Environmental
Review Process Final Guidance, jointly issued by FHWA and FTA in 2006.
This Interim Final Guidance reflects statutory amendments to the
Section 139 environmental review process and includes information on
the FRA and railroad projects.
DATES: This Interim Final Guidance is effective on December 17, 2024.
Comments must be received on or before February 18, 2025. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit comments by only one of the following means:
Federal eRulemaking Portal: www.regulations.gov. This
website allows the public to enter comments on any Federal Register
notice issued by any agency. Follow the online instructions for
submitting comments.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE,
[[Page 102247]]
Washington, DC 20590 between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. The telephone number is (202) 366-
9329.
Instructions: You should identify the agency name (Federal
Highway Administration, Federal Railroad Administration or Federal
Transit Administration) and the docket number at the beginning of your
comments. Late comments will be considered to the extent practicable.
Note that all comments received will be posted without change to
www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: For the FHWA: Ms. Damaris Santiago,
Office of Project Development and Environmental Review, (202) 494-2862,
dot.gov">damaris.santiago@dot.gov, or Ms. Diane Mobley, Office of Chief Counsel,
(202) 366-1366, dot.gov">Diane.Mobley@dot.gov. For FRA: Ms. Marlys Osterhues,
Office of Environmental Program Management, (202) 493-0413,
dot.gov">marlys.osterhues@dot.gov, or Mr. Faris Mohammed, Office of Chief
Counsel, (202) 493-7064, dot.gov">faris.mohammed@dot.gov. For FTA: Ms. Megan
Blum, Office of Environmental Policy and Programs, (202) 366-0463,
dot.gov">Megan.Blum@dot.gov, or Mr. Mark Montgomery, Office of Chief Counsel,
(202) 366-1017, mark.montgomery@ dot.gov. Office hours are from 9:00
a.m. to 5:00 p.m., ET, Monday through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
A copy of the Interim Final Guidance is available for download and
public inspection through www.regulations.gov using the docket number
listed above, and on the FHWA, FRA and FTA websites, respectively:
www.fhwa.dot.gov, www.railroads.dot.gov, and www.transit.dot.gov.
Electronic retrieval assistance and guidelines are also available at
www.regulations.gov. An electronic copy of this document also may be
downloaded from the Office of the Federal Register's website at:
www.FederalRegister.gov and the U.S. Government Publishing Office's
website at: www.GovInfo.gov.
Background
Section 6002 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), (Pub. L.
109-59), codified at 23 U.S.C. 139, prescribed changes to: FHWA and FTA
procedures for implementing the National Environmental Policy Act of
1969 (NEPA), as amended; the Council on Environmental Quality's (CEQ)
implementing regulations, 40 CFR parts 1500-1508; and FHWA's and FTA's
NEPA procedures, 23 CFR part 771. Section 6002 was intended to make the
FHWA and FTA environmental review processes more efficient and to
protect environmental and community resources.
On November 16, 2006, FHWA and FTA jointly issued guidance (71 FR
66576), titled SAFETEA-LU Environmental Review Process Final Guidance
(2006 Guidance). Since the 2006 Guidance, there have been statutory
amendments to the Section 139 environmental review process as a result
of the following: subtitle c of the Moving Ahead for Progress in the
21st Century Act (MAP-21), (Pub. L. 112-141); section 1304 of the
Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-
94); section 11301 of the Infrastructure Investment and Jobs Act (IIJA)
(Pub. L. 117-58, also known as the ``Bipartisan Infrastructure Law''
(BIL)); and amendments to NEPA in section 321 of the Fiscal
Responsibility Act (Pub. L. 118-5).
The MAP-21 amended the Section 139 environmental review process by
promoting accelerated project delivery through the increased use of
categorical exclusions, programmatic approaches and planning and
environment linkages.\1\ The FAST Act further amended the Section 139
environmental review process by institutionalizing best practices for
accelerating complex infrastructure projects without undermining
critical environmental laws or opportunities for public engagement. In
addition, section 11503 of the FAST Act required FRA to apply the
Section 139 environmental review process to railroad projects to the
greatest extent feasible. 49 U.S.C. 24201. The BIL further amended the
Section 139 environmental review process by codifying the One Federal
Decision process for major projects.\2\
---------------------------------------------------------------------------
\1\ On March 13, 2015, FHWA and FTA published a notice of
availability and accepted public comments on proposed revisions to
the guidance to reflect the provisions of MAP-21. However, the
proposed guidance was not finalized. All comments received were
considered by the Agencies in drafting this Interim Final Guidance.
\2\ The term ``major project'' is defined in 23 U.S.C.
139(a)(7).
---------------------------------------------------------------------------
In 2023, section 321 of the Fiscal Responsibility Act amended NEPA.
However, the Fiscal Responsibility Act did not amend the Sec. 139
environmental review process. The Agencies have harmonized the NEPA
amendments and the Sec. 139 environmental review process to the maximum
extent possible in the Interim Final Guidance. In a few instances, the
Sec. 139 environmental review process provides specific procedural
instructions that control for certain types of projects, and these are
pointed out in the guidance.
The Agencies are jointly issuing interim final guidance on the
Section 139 environmental review process that reflects amendments to 23
U.S.C. 139, including the addition of FRA and applicability to railroad
projects, and NEPA, as amended by the Fiscal Responsibility Act. This
Interim Final Guidance, currently effective, supersedes and replaces
the 2006 Guidance. This Interim Final Guidance will remain in effect
until final guidance is issued or this interim final guidance is
rescinded. This Interim Final Guidance does not supersede guidance and
regulations promulgated by the Agencies under NEPA, including 23 CFR
part 771.
Summary of Previous Comments Received
The FHWA and FTA published a proposed revised guidance following
enactment of MAP-21 for public comment on March 13, 2015 (80 FR 13458).
While the 2015 proposed guidance was never finalized, the Agencies
considered all comments in developing this Interim Final Guidance. The
Agencies received 11 comments from: one Federal agency (U.S. Department
of the Interior), three State departments of transportation (New York,
Texas, and Wisconsin), three transit authorities (San Francisco Bay
Area Rapid Transit District, San Francisco Municipal Transportation
Agency, and Tri-County Metropolitan Transportation District of Oregon),
one State agency (State of Arizona Game and Fish Department), and three
professional associations (American Public Transportation Association,
American Association of State Highway and Transportation Officials, and
the American Road & Transportation Builders Association). Seven of the
11 commenters offered general support for the draft guidance, but all
11 commenters suggested revisions to specific questions or answers
found in the draft guidance. The Agencies considered all comments in
developing this Interim Final Guidance but note that some comments were
superseded by the enactment of the FAST Act or other statutory
amendments. All comments can be found at: https://www.regulations.gov/docket/FHWA-2015-0001/comments.
Request for Comments
The Agencies request comments on this Interim Final Guidance, which
is
[[Page 102248]]
available in the docket for this notice and on FHWA's, FTA's and FRA's
websites. The Agencies will consider any substantive comments received
on the Interim Final Guidance and will either revise this interim
guidance based on comments received or will finalize this interim
guidance.
Authority: 23 U.S.C. 139; Pub. L. 112-141, 126 Stat. 405; Pub. L.
114-94, 129 Stat. 1312; Pub. L. 117-58, 135 Stat. 429; Pub. L. 118-5,
137 Stat. 10; 23 CFR part 771; 40 CFR parts 1500-1508.
Kristin White,
Acting Administrator, Federal Highway Administration.
Amitabha Bose,
Administrator, Federal Railroad Administration.
Veronica Vanterpool,
Deputy Administrator, Federal Transit Administration.
[FR Doc. 2024-29637 Filed 12-16-24; 8:45 am]
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