80_FR_13507 80 FR 13458 - Notice of Availability of Revised Guidance on the Environmental Review Process

80 FR 13458 - Notice of Availability of Revised Guidance on the Environmental Review Process

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Transit Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13458-13459
FR Document2015-05786

The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) announce the availability of its revised Section 139 Environmental Review Process guidance (previously referred to as the SAFETEA-LU Environmental Review Process Final Guidance), which was amended to reflect provisions of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The document provides guidance on environmental review process requirements and best management practices for transportation projects funded or approved by the FHWA, FTA, or both agencies. The revisions to the joint guidance reflect the FHWA and FTA's proposed implementation of the MAP-21 changes within their statutory environmental review process requirements, in accordance with the National Environmental Policy Act (NEPA) and other Federal laws. The FHWA and FTA request public comments on the proposed guidance.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015) 
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13458-13459]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05786]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal Transit Administration

[Docket Number: FHWA-2015-0001]


Notice of Availability of Revised Guidance on the Environmental 
Review Process

AGENCY: Federal Highway Administration, Federal Transit Administration, 
DOT.

ACTION: Notice of availability; Request for comments.

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SUMMARY: The Federal Highway Administration (FHWA) and Federal Transit 
Administration (FTA) announce the availability of its revised Section 
139 Environmental Review Process guidance (previously referred to as 
the SAFETEA-LU Environmental Review Process Final Guidance), which was 
amended to reflect provisions of the Moving Ahead for Progress in the 
21st Century Act (MAP-21). The document provides guidance on 
environmental review process requirements and best management practices 
for transportation projects funded or approved by the FHWA, FTA, or 
both agencies. The revisions to the joint guidance reflect the FHWA and 
FTA's proposed implementation of the MAP-21 changes within their 
statutory environmental review process requirements, in accordance with 
the National Environmental Policy Act (NEPA) and other Federal laws. 
The FHWA and FTA request public comments on the proposed guidance.

[[Page 13459]]


DATES: Comments must be received by May 12, 2015. Late filed comments 
will be considered to the extent practicable.

ADDRESSES: You may submit comments to Docket No. FHWA-2015-0001 by any 
of the following methods:
    Federal eRulemaking Portal: Go to 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., Washington, DC, between 8:30 a.m. and 4:30 
p.m. e.t., Monday through Friday, except Federal holidays.
    Fax: (202) 493-2251.
    Instructions: You must include the agency name (Federal Highway 
Administration or Federal Transit Administration) and the Docket Number 
of this notice at the beginning of your comments. Note that all 
comments received will be posted without change to www.regulations.gov, 
including any personal information provided. You may review DOT's 
complete Privacy Act Statement published in the Federal Register on 
April 11, 2000 (65 FR 19477).

FOR FURTHER INFORMATION CONTACT: For the FHWA: Neel Vanikar, Office of 
Project Development and Environmental Review, (202) 366-2068, or Jomar 
Maldonado, Office of Chief Counsel, (202) 366-1373. For FTA: Chris Van 
Wyk, Office of Environmental Programs, (202) 366-1733, or Helen 
Serassio, Office of Chief Counsel, (202) 366-1974. The FHWA and FTA are 
located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office 
hours are from 9:00 a.m. to 5:00 p.m. ET, Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The FHWA and FTA, hereafter referred to as the ``Agencies,'' are 
proposing the issuance of revised joint guidance on the environmental 
review process based on revisions to 23 U.S.C. 139 (Efficient 
environmental rules for project decisionmaking) by various MAP-21 
provisions. The proposed guidance would update and supersede the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) Environmental Review Process Final Guidance 
issued on November 16, 2006.
    The MAP-21 added requirements and refinements to the project 
development procedures found in 23 U.S.C. 139 (Section 139), which 
contains statutory requirements supplemental to the process required by 
NEPA, the Council on Environmental Quality regulations at 40 CFR 1500, 
and the FHWA/FTA joint environmental regulations at 23 CFR part 771. 
Section 139 provides the roles of the project sponsor and the lead, 
participating, and cooperating agencies; sets requirements for 
coordinating and scheduling agency reviews; identifies the authority of 
States to use Federal funding to ensure timely environmental reviews; 
specifies a process for resolving interagency disagreements; and 
establishes a statute of limitations on claims against transportation 
projects. The MAP-21 amended Section 139 by emphasizing a framework for 
setting deadlines for decisionmaking in the environmental review 
process; modifying the process for issue resolution and referral; 
establishing penalties for Federal agencies that do not make a timely 
decision; and, providing an option for complex projects stalled in the 
environmental review process to receive technical assistance with a 
goal of completing the environmental review process (i.e., issuance of 
a record of decision (ROD)) within 4 years. In addition, MAP-21 
mandated the combination of the Final Environmental Impact Statement 
and ROD into one document under certain circumstances, to the maximum 
extent practicable, although that process change was not codified in 
Section 139.
    The Agencies request comments on the revised guidance, which is 
available in the docket (FHWA-2015-0001) and on FHWA's and FTA's MAP-21 
Web sites. The Agencies will respond to comments received on the 
guidance in a second Federal Register notice, to be published after the 
close of the comment period. That second notice will also announce the 
availability of final guidance that reflects any changes implemented as 
a result of comments received.

    Authority: 23 U.S.C. 139; Pub. L. 112-141, 126 Stat. 551.

    Issued on: February 27, 2015.
Gregory G. Nadeau,
Deputy Administrator, Federal Highway Administration.
Therese W. McMillan,
Acting Administrator, Federal Transit Administration.
[FR Doc. 2015-05786 Filed 3-12-15; 8:45 am]
BILLING CODE 4910-22-P

13458 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices DEPARTMENT OF TRANSPORTATION FRA requests that all railroad safety received into any of our dockets by the waiver and exemption requests, as well name of the individual submitting the Federal Railroad Administration as block signal applications and special comment (or signing the document, if approval applications (including new submitted on behalf of an association, [Docket No. FRA–2015–0009] requests, requests for extensions of business, labor union, etc.). In Filing Process for Petitions for Waiver existing waivers or approvals, or accordance with 5 U.S.C. 553(c), DOT and Other Exemptions, Applications, withdrawals, along with all supporting solicits comments from the public to and Special Approvals documentation), be submitted to either better inform its processes. DOT posts FRA’s Docket Clerk at the address these comments, without edit, including AGENCY: Federal Railroad provided in 49 CFR 211.1(b)(4) in any personal information the Administration (FRA), Department of accordance with the existing commenter provides, to Transportation (DOT). requirements of 49 CFR 211.7 or to the www.regulations.gov, as described in ACTION: Notice. above-referenced email address. FRA is the system of records notice (DOT/ALL– providing for the electronic filing of 14 FDMS), which can be reviewed at SUMMARY: This document provides the waivers and other requests for www.dot.gov/privacy. See also http:// public notice that FRA has created an regulatory relief traditionally filed in www.regulations.gov/#!privacyNotice electronic mailbox to receive petitions hard copy through FRA’s Docket Clerk for the privacy notice of regulations.gov. for waivers and exemptions from in order to increase the efficiency of the Issued in Washington, DC, on March 10, railroad safety rules and regulations, as process both internally and externally. 2015. well as applications for modification or FRA anticipates following this notice Ron Hynes, discontinuance of railroad signal with a rulemaking modifying the systems (block signal applications) and Director of Technical Oversight. applicable procedural regulations (49 certain special approvals from railroad CFR part 211) to specifically provide for [FR Doc. 2015–05751 Filed 3–12–15; 8:45 am] safety rules and regulations. The email the electronic filing of the above- BILLING CODE 4910–06–P address for this inbox is FRAWaivers@ identified documents. In anticipation of dot.gov. FRA requests that all railroad this rulemaking, any interested party safety waiver and exemption requests, may submit comments regarding the use DEPARTMENT OF TRANSPORTATION as well as block signal applications and of this electronic mailbox for Federal Highway Administration special approval applications be submission of railroad safety waiver and submitted either to FRA’s Docket Clerk exemption requests, block signal Federal Transit Administration in accordance with the existing applications, and special approval requirements in Title 49 Code of Federal applications. [Docket Number: FHWA–2015–0001] Regulations (CFR) Part 211, Rules of A copy of this notice, as well as any Practice, or to this email address. written communications concerning the Notice of Availability of Revised FOR FURTHER INFORMATION CONTACT: notice, is available for review online at Guidance on the Environmental Milicent D. White, Program Specialist, www.regulations.gov and in person at Review Process 202–493–1328, Milicent.White@dot.gov, the Department of Transportation’s AGENCY: Federal Highway 1200 New Jersey Avenue SE., (DOT) Docket Operations Facility, 1200 Administration, Federal Transit Washington, DC 20590. New Jersey Avenue SE., W12–140, Administration, DOT. SUPPLEMENTARY INFORMATION: This Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. ACTION: Notice of availability; Request document announces FRA’s for comments. establishment of an electronic mailbox to 5 p.m., Monday through Friday, to receive petitions for waivers, certain except Federal Holidays. SUMMARY: The Federal Highway Interested parties may submit written petitions for special approvals and Administration (FHWA) and Federal views, data, or comments regarding the exemptions from railroad safety rules Transit Administration (FTA) announce use of an electronic mailbox as and regulations, as well as block signal the availability of its revised Section described in this notice. All written applications. The email address for this 139 Environmental Review Process submissions should be submitted by inbox is FRAWaivers@dot.gov. FRA guidance (previously referred to as the May 12, 2015. anticipates providing a link on its Web All communications concerning this SAFETEA–LU Environmental Review page (www.fra.dot.gov) to this mailbox notice should identify the appropriate Process Final Guidance), which was to further streamline the filing process. docket number and may be submitted amended to reflect provisions of the FRA created this electronic mailbox in by any of the following methods: Moving Ahead for Progress in the 21st order to streamline the filing process for • Web site: http:// Century Act (MAP–21). The document certain documents typically filed in www.regulations.gov. Follow the online provides guidance on environmental accordance with 49 CFR 211.7, Filing instructions for submitting comments. review process requirements and best Requirements, including petitions for • Fax: 202–493–2251. management practices for transportation waiver of any FRA rule or regulation, • Mail: Docket Operations Facility, projects funded or approved by the applications for special approval under U.S. Department of Transportation, 1200 FHWA, FTA, or both agencies. The 49 CFR 211.55 or 238.21, restricted car New Jersey Avenue SE., W12–140, revisions to the joint guidance reflect approvals under 49 CFR 215.203, Washington, DC 20590. the FHWA and FTA’s proposed • Hand Delivery: 1200 New Jersey mstockstill on DSK4VPTVN1PROD with NOTICES grandfathering approvals under 238.203, implementation of the MAP–21 changes and signal applications under 49 CFR Avenue SE., Room W12–140, within their statutory environmental parts 235 and 236 (block signal Washington, DC 20590, between 9 a.m. review process requirements, in applications). FRA is providing the and 5 p.m., Monday through Friday, accordance with the National flexibility for electronic filing of these except Federal Holidays. Environmental Policy Act (NEPA) and petitions and applications also with the Anyone is able to search the other Federal laws. The FHWA and FTA intent to avoid lost, misplaced, delayed, electronic form of any written request public comments on the damaged or illegible hardcopy mail. communications and comments proposed guidance. VerDate Sep<11>2014 19:27 Mar 12, 2015 Jkt 235001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1

Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13459 DATES: Comments must be received by procedures found in 23 U.S.C. 139 DEPARTMENT OF TRANSPORTATION May 12, 2015. Late filed comments will (Section 139), which contains statutory be considered to the extent practicable. requirements supplemental to the Federal Railroad Administration ADDRESSES: You may submit comments process required by NEPA, the Council [Docket Number FRA–2015–0013] to Docket No. FHWA–2015–0001 by any on Environmental Quality regulations at of the following methods: 40 CFR 1500, and the FHWA/FTA joint Petition for Waiver of Compliance Federal eRulemaking Portal: Go to environmental regulations at 23 CFR www.regulations.gov and follow the In accordance with Part 211 of Title part 771. Section 139 provides the roles online instructions for submitting 49 Code of Federal Regulations (CFR), of the project sponsor and the lead, comments. this document provides the public participating, and cooperating agencies; notice that by a document dated January Mail: Docket Management Facility: sets requirements for coordinating and U.S. Department of Transportation, 1200 26, 2015, the Illinois Railway Museum scheduling agency reviews; identifies (IRM) has petitioned the Federal New Jersey Avenue SE., West Building the authority of States to use Federal Ground Floor, Room W12–140, Railroad Administration (FRA) for a funding to ensure timely environmental waiver of compliance from certain Washington, DC 20590–0001. Hand Delivery or Courier: West reviews; specifies a process for resolving provisions of the Federal railroad safety Building Ground Floor, Room W12–140, interagency disagreements; and regulations. Specifically, IRM requests 1200 New Jersey Avenue SE., establishes a statute of limitations on relief from certain provisions of 49 CFR Washington, DC, between 8:30 a.m. and claims against transportation projects. part 230, Steam Locomotive Inspection 4:30 p.m. e.t., Monday through Friday, The MAP–21 amended Section 139 by and Maintenance Standards. FRA except Federal holidays. emphasizing a framework for setting assigned the petition Docket Number Fax: (202) 493–2251. deadlines for decisionmaking in the FRA–2015–0013. Instructions: You must include the environmental review process; IRM is a railroad museum that agency name (Federal Highway modifying the process for issue maintains and operates Number 1630, a Administration or Federal Transit resolution and referral; establishing 2–10–0 ‘‘Decapod’’ type steam Administration) and the Docket Number penalties for Federal agencies that do locomotive built by Baldwin of this notice at the beginning of your not make a timely decision; and, Locomotive Works in 1918. IRM comments. Note that all comments typically operates Number 1630 for 31 providing an option for complex received will be posted without change or fewer service days per year and projects stalled in the environmental expects to do so for the future. IRM to www.regulations.gov, including any review process to receive technical personal information provided. You requests relief from performing the fifth assistance with a goal of completing the annual inspection as it pertains to the may review DOT’s complete Privacy Act environmental review process (i.e., Statement published in the Federal inspection of flexible staybolt caps issuance of a record of decision (ROD)) every 5 years as required by 49 CFR Register on April 11, 2000 (65 FR within 4 years. In addition, MAP–21 19477). 230.41(a), and requests to extend the mandated the combination of the Final inspection interval to 2,760 calendar FOR FURTHER INFORMATION CONTACT: For Environmental Impact Statement and days (7.5 years) after the locomotive the FHWA: Neel Vanikar, Office of ROD into one document under certain entered service on May 24, 2014. IRM Project Development and Environmental circumstances, to the maximum extent will perform all other inspections as Review, (202) 366–2068, or Jomar practicable, although that process required by 49 CFR 230.16, Annual Maldonado, Office of Chief Counsel, change was not codified in Section 139. inspection. IRM’s justification for (202) 366–1373. For FTA: Chris Van requesting this relief is that the current Wyk, Office of Environmental Programs, The Agencies request comments on level of safety would be maintained due (202) 366–1733, or Helen Serassio, the revised guidance, which is available to the low number of service days Office of Chief Counsel, (202) 366–1974. in the docket (FHWA–2015–0001) and accrued in this engine since the last The FHWA and FTA are located at 1200 on FHWA’s and FTA’s MAP–21 Web flexible staybolt cap inspection. There New Jersey Avenue SE., Washington, sites. The Agencies will respond to will be a significant cost savings as the DC 20590. Office hours are from 9:00 comments received on the guidance in IRM shop forces would not be required a.m. to 5:00 p.m. ET, Monday through a second Federal Register notice, to be to remove the cab, piping, jacketing, and Friday, except Federal holidays. published after the close of the insulation to gain access to the caps to SUPPLEMENTARY INFORMATION: comment period. That second notice perform the flexible staybolt cap will also announce the availability of inspection. Background final guidance that reflects any changes A copy of the petition, as well as any The FHWA and FTA, hereafter implemented as a result of comments written communications concerning the referred to as the ‘‘Agencies,’’ are received. petition, is available for review online at proposing the issuance of revised joint Authority: 23 U.S.C. 139; Pub. L. 112–141, www.regulations.gov and in person at guidance on the environmental review 126 Stat. 551. the U.S. Department of Transportation’s process based on revisions to 23 U.S.C. (DOT) Docket Operations Facility, 1200 139 (Efficient environmental rules for Issued on: February 27, 2015. New Jersey Avenue SE., W12–140, project decisionmaking) by various Gregory G. Nadeau, Washington, DC 20590. The Docket MAP–21 provisions. The proposed Deputy Administrator, Federal Highway Operations Facility is open from 9 a.m. mstockstill on DSK4VPTVN1PROD with NOTICES guidance would update and supersede Administration. to 5 p.m., Monday through Friday, the Safe, Accountable, Flexible, Therese W. McMillan, except Federal Holidays. Efficient Transportation Equity Act: A Interested parties are invited to Acting Administrator, Federal Transit Legacy for Users (SAFETEA–LU) participate in these proceedings by Administration. Environmental Review Process Final submitting written views, data, or [FR Doc. 2015–05786 Filed 3–12–15; 8:45 am] Guidance issued on November 16, 2006. comments. FRA does not anticipate The MAP–21 added requirements and BILLING CODE 4910–22–P scheduling a public hearing in refinements to the project development connection with these proceedings since VerDate Sep<11>2014 19:27 Mar 12, 2015 Jkt 235001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1


Document Created: 2015-12-18 11:41:47
Document Modified: 2015-12-18 11:41:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; Request for comments.
DatesComments must be received by May 12, 2015. Late filed comments will be considered to the extent practicable.
ContactFor the FHWA: Neel Vanikar, Office of Project Development and Environmental Review, (202) 366-2068, or Jomar Maldonado, Office of Chief Counsel, (202) 366-1373. For FTA: Chris Van Wyk, Office of Environmental Programs, (202) 366-1733, or Helen Serassio, Office of Chief Counsel, (202) 366-1974. The FHWA and FTA are located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m. ET, Monday through Friday, except Federal holidays.
FR Citation80 FR 13458 
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