Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 72621 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–5809; Directorate 

Identifier 2015–NM–055–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2006–19– 

12, which applies to certain The Boeing 

Model 777–200 and –300 series 

airplanes. AD 2006–19–12 currently 

requires inspecting the lower web of the 

aft fairing of the engine struts for any 

discoloration and doing any related 

investigative and corrective action if 

necessary; inspecting the heat shield 

castings for any damage and doing any 

corrective action if necessary; installing 

gap cover strips; and replacing 

insulation blankets with new insulation 

blankets. Since we issued AD 2006–19– 

12, we have received a report that an aft 

fairing lower spar web exceeded the 

allowable conductivity limits. This 

proposed AD would also require, 

depending on airplane configuration, 

one-time or repetitive detailed 

inspections for cracking and 

deformation, as applicable, of the aft 

fairing lower structure, and one-time or 

repetitive conductivity inspections of 

the aft fairing lower structure and 

related investigative and corrective 

actions if necessary. This proposed AD 

also adds airplanes to the applicability. 

We are proposing this AD to detect and 

correct degradation of the aft fairing 

lower web, which could lead to cracking 

of the web and could allow flammable 

fluids to leak into the heat shield pan 

castings, and consequent increased risk 

of an uncontained fire and subsequent 

structural damage. 

DATES: We must receive comments on 

this proposed AD by January 4, 2016. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P. O. Box 3707, 

MC 2H–65, Seattle, WA 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

5809. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

5809; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Sue 

Lucier, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 

Lind Avenue SW., Renton, WA 98057– 

3356; telephone: 425–917–6438; fax: 

425–917–6590; email: suzanne.lucier@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2015–5809; Directorate Identifier 

2015–NM–055–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On September 13, 2006, we issued AD 

2006–19–12, Amendment 39–14769 (71 

FR 55727, September 25, 2006), for 

certain Boeing Model 777–200 and –300 

series airplanes. AD 2006–19–12 

requires inspecting the lower web of the 

aft fairing of engine struts for any 

discoloration and doing any related 

investigative and corrective action if 

necessary; inspecting the heat shield 

castings for any damage and doing any 

corrective action if necessary; installing 

gap cover strips; and replacing 

insulation blankets with new insulation 

blankets. AD 2006–19–12 resulted from 

a report that several discolored fairing 

lower webs and some damaged/

deteriorated insulation blankets were 

found in the aft fairings of engine struts. 

We issued AD 2006–19–12 to prevent 

cracking of lower webs of the aft 

fairings, which could result in 

flammable hydraulic fluid leaking onto 

or near an ignition source, and possibly 

result in an uncontrollable fire in the 

engine strut area. 

Actions Since AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006) Was Issued 

Since we issued AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006), we have received 

a report that an aft fairing lower spar 

web exceeded the allowable 

conductivity limits. An investigation 

concluded that wear to the pan casting 

and gap cover strips allowed increased 

heat into the aft fairing heat shield 

cavity, which exceeded the thermal 

capability of the insulation blankets. 

Related Service Information Under 1 

CFR Part 51 

We have reviewed Boeing Service 

Bulletin 777–54–0026, Revision 2, dated 

January 5, 2012. The service information 

describes procedures for a detailed 

inspection of the gap cover strips and 

heat shield pan castings for damage, 

corrective actions, and installation of 

new gap cover strip fillers, new velcro 

strips, and new aft fairing insulation 

blankets. 

We reviewed Boeing Special 

Attention Service Bulletin 777–54– 

0038, dated March 6, 2015. The service 

information describes procedures for 

one-time and repetitive detailed 

inspections for any cracking and 

deformation, as applicable, of the aft 

fairing lower structure; conductivity 

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72622 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 

inspections of the aft fairing lower 

structure; and related investigative and 

corrective actions. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section of 

this NPRM. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would retain all 

requirements of AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006). In addition, this 

proposed AD would add airplanes to the 

applicability of this AD. This proposed 

AD would also require accomplishing 

the actions specified in the service 

information described previously. 

The phrase ‘‘related investigative 

actions’’ is used in this proposed AD. 

‘‘Related investigative actions’’ are 

follow-on actions that (1) are related to 

the primary action, and (2) further 

investigate the nature of any condition 

found. Related investigative actions in 

an AD could include, for example, 

inspections. 

The phrase ‘‘corrective actions’’ is 

used in this proposed AD. ‘‘Corrective 

actions’’ are actions that correct or 

address any condition found. Corrective 

actions in an AD could include, for 

example, repairs. 

Change to AD 2006–19–12, Amendment 

39–14769 (71 FR 55727, September 25, 

2006) 

Since AD 2006–19–12, Amendment 

39–14769 (71 FR 55727, September 25, 

2006) was issued, the AD format has 

been revised, and certain paragraphs 

have been rearranged. As a result, the 

corresponding paragraph identifiers 

have been redesignated in this proposed 

AD, as listed in the following table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in 

AD 2006–19–12 

Corresponding 

requirement in this 

proposed AD 

paragraph (f) paragraph (g) 

paragraph (g) paragraph (h) 

paragraph (h) paragraph (i) 

Costs of Compliance 

We estimate that this proposed AD 

affects 99 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Inspection and other actions [retained actions 

from AD 2006–19-12, 

Amendment 39–14769 

(71 FR 55727, September 25, 2006)].

Up to 11 work–hours × 

$85 per hour = $935, 

depending on airplane 

configuration.

Up to $16,179, depending 

on airplane configuration.

Up to $17,114, depending 

on airplane configuration.

Up to $1,694,286, depending on airplane configuration 

Inspections [new proposed 

action].

Up to 24 work-hours × $85 

per hour = $2,040, depending on airplane configuration.

$0 ...................................... Up to $2,040, depending 

on airplane configuration.

Up to $201,960, depending on airplane configuration 

We estimate the following costs to do 

any necessary related investigative and 

corrective actions that would be 

required based on the results of the 

proposed inspection. We have no way of 

determining the number of aircraft that 

might need these inspections and 

replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Related Investigative Actions .................. Up to 36 work-hours × $85 per hour = 

$3,060, depending on airplane configuration.

$0 Up to $3,060, depending on airplane 

configuration 

Corrective Actions ................................... Up to 38 work-hours × $85 per hour = 

$3,230, depending on airplane configuration.

0 Up to $3,230, depending on airplane 

configuration 

According to the manufacturer, all of 

the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

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Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 72623 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

2006–19–12, Amendment 39–14769 (71 

FR 55727, September 25, 2006), and 

adding the following new AD: 

The Boeing Company: Docket No. FAA– 

2015–5809; Directorate Identifier 2015– 

NM–055–AD. 

(a) Comments Due Date 

The FAA must receive comments on this 

AD action by January 4, 2016. 

(b) Affected ADs 

This AD replaces AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006). 

(c) Applicability 

This AD applies to The Boeing Company 

Model 777–200, –200LR, –300, –300ER, and 

777F series airplanes, certified in any 

category, as identified in Boeing Special 

Attention Service Bulletin 777–54–0038, 

dated March 6, 2015. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 54, Nacelles/pylons. 

(e) Unsafe Condition 

This AD was prompted by a report that an 

aft fairing lower spar web exceeded the 

allowable conductivity limits. An 

investigation concluded that wear to the pan 

casting and gap cover strips allowed 

increased heat into the aft fairing heat shield 

cavity. We are proposing this AD to detect 

and correct degradation of the aft fairing 

lower web, which could lead to cracking of 

the web and could allow flammable fluids to 

leak into the heat shield pan castings, and 

consequent increased risk of an uncontained 

fire and subsequent structural damage. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Inspection, Installation, and 

Replacement Actions With No Changes 

This paragraph restates the actions 

required by paragraph (f) of AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006), with no changes. For 

Model 777–200 and –300 series airplanes 

identified in Boeing Special Attention 

Service Bulletin 777–54–0021, Revision 1, 

dated March 16, 2006: Except as provided by 

paragraph (h) of this AD, within 12 months 

after October 30, 2006 (the effective date of 

AD 2006–19–12), do the actions specified in 

paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of 

this AD, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 777–54– 

0021, Revision 1, dated March 16, 2006. 

(1) Do a general visual inspection of the 

lower web of the aft fairing for any 

discoloration and do any related investigative 

action. 

(2) Do a general visual inspection of the 

heat shield castings for any damage (crack(s), 

dent(s), gouge(s), warpage, fretting, or 

missing/loose nutplates). 

(3) Install gap cover strips on the heat 

shield pans. 

(4) Replace insulation blankets on the heat 

shield pans with new insulation blankets. 

(h) Retained Repair Instructions 

This paragraph restates the actions 

required by paragraph (g) of AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006), with no changes. If any 

damage, discoloration, heat damage, or crack 

is found during any inspection required by 

paragraph (g) of this AD: Before further flight, 

do all applicable corrective actions in 

accordance with a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA, or in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 777–54– 

0021, Revision 1, dated March 16, 2006. 

(i) Retained Credit for Previous Actions With 

Revised Format 

This paragraph restates the credit provided 

by paragraph (h) of AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006), with revised format. 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before October 30, 

2006 (the effective date of AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006)) using Boeing Special 

Attention Service Bulletin 777–54–0021, 

dated June 23, 2005, except where Boeing 

Special Attention Service Bulletin 777–54– 

0021, dated June 23, 2005, does not provide 

an International Annealed Copper Standard 

(IACS) value for determining the results of 

the inspection for heat damage, the 

maximum acceptable IACS value is 42 

percent. Boeing Special Attention Service 

Bulletin 777–54–0021, dated June 23, 2005, 

is not incorporated by reference in this AD. 

(j) New Requirements: Detailed and 

Conductivity Inspections and Related 

Investigative and Corrective Actions 

(Repetitive Inspections for Certain 

Airplanes) 

Within 24 months after the effective date 

of this AD: Do detailed and conductivity 

inspections of the aft fairing lower structure 

for cracks and deformation, as applicable, 

and do all applicable related investigative 

and corrective actions, in accordance with 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 777–54– 

0038, dated March 6, 2015. Do all applicable 

related investigative and corrective actions 

before further flight. For Group 1, 

Configurations 1 and 3 airplanes, and Group 

2, Configuration 1, airplanes, identified in 

Boeing Special Attention Service Bulletin 

777–54–0038, dated March 6, 2015, repeat 

the inspections thereafter at intervals not to 

exceed 24 months until the terminating 

action specified in paragraph (k) of this AD 

is done. 

(k) Optional Terminating Action 

Accomplishing a detailed inspection of the 

gap cover strips and heat shield pan castings 

for damage and applicable corrective actions, 

and installation of new gap cover strip fillers, 

new velcro strips, and new aft fairing 

insulation blankets, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 777–54–0026, Revision 2, 

dated January 5, 2012, concurrently with 

accomplishing detailed and conductivity 

inspections and all applicable related 

investigative and corrective actions required 

by paragraph (j) of this AD, terminates the 

repetitive inspections specified in paragraph 

(j) of this AD; except where Boeing Service 

Bulletin 777–54–0026, Revision 2, dated 

January 5, 2012, specifies to contact the 

manufacturer, repair using a method 

approved in accordance with the procedures 

specified in paragraph (l) of this AD. 

(l) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

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72624 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 

1Section 4(f) of the Department of Transportation 

Act of 1966 was repealed in 1983 when it was 

codified without substantive change at 49 U.S.C. 

303. A provision with the same meaning is found 

at 23 U.S.C. 138. This regulation continues to refer 

to Section 4(f) as such because the policies Section 

4(f) engendered are widely referred to as ‘‘Section 

4(f)’’ matters. 

attention of the person identified in 

paragraph (m)(1) of this AD. Information may 

be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved for AD 2006–19–12, 

Amendment 39–14769 (71 FR 55727, 

September 25, 2006) are approved as AMOCs 

for the corresponding provisions of 

paragraphs (g), (h), and (i) of this AD. 

(m) Related Information 

(1) For more information about this AD, 

contact Sue Lucier, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

ACO, 1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone: 425–917–6438; fax: 

425–917–6590; email: suzanne.lucier@

faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.com. You 

may view this referenced service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

November 12, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–29617 Filed 11–19–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Parts 771 and 774 

Federal Transit Administration 

49 CFR Part 622 

[Docket No. FHWA–2015–0011] 

FHWA RIN 2125–AF60 

FTA RIN 2132–AB26 

Environmental Impact and Related 

Procedures 

AGENCY: Federal Highway 

Administration (FHWA), Federal 

Transit Administration (FTA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This NPRM provides 

interested parties with the opportunity 

to comment on proposed revisions to 

the FHWA and FTA joint regulations 

that implement the National 

Environmental Policy Act (NEPA) and 

Section 4(f) of the Department of 

Transportation Act. The revisions are 

prompted by the enactment of the 

Moving Ahead for Progress in the 21st 

Century Act (MAP–21), which requires 

rulemaking to address programmatic 

approaches. This NPRM proposes to 

revise the FHWA/FTA Environmental 

Impact and Related Procedures and 

Parks, Recreation Areas, Wildlife and 

Waterfowl Refuges, and Historic Sites 

regulations due to MAP–21 changes to 

the environmental review process that 

FHWA and FTA have not previously 

captured in other rulemakings, such as 

the use of programmatic agreements and 

the use of single final environmental 

impact statement/record of decision 

documents. In addition, FHWA and 

FTA propose changes to the regulatory 

text to improve readability and to reflect 

current practice, consistent with an 

Executive order to improve regulations 

and regulatory review. The FHWA and 

FTA seek comments on the proposals 

contained in this notice. 

DATES: Comments must be received on 

or before January 19, 2016. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., West Building 

Ground Floor Room W12–140, 

Washington, DC 20590. 

Hand Delivery: West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Ave. SE., between 9:00 a.m. and 5:00 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is (202) 366–9329. 

Instructions: You must include the 

agency name and docket number or the 

Regulatory Identifier Number (RIN) for 

the rulemaking at the beginning of your 

comments. All comments received will 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: For 

the FHWA: Neel Vanikar, Office of 

Project Development and Environmental 

Review, (202) 366–2068, or Diane 

Mobley, Office of Chief Counsel, (202) 

366–1366. For FTA: Megan Blum, Office 

of Planning and Environment, (202) 

366–0463, or Helen Serassio, Office of 

Chief Counsel, (202) 366–1974. The 

FHWA and FTA are both located at 

1200 New Jersey Ave. SE., Washington, 

DC 20590. Office hours are from 9:00 

a.m. to 5:00 p.m., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 6, 2012, President Obama 

signed into law MAP–21 (Pub. L. 112– 

141, 126 Stat. 405), which contains new 

requirements that FHWA and FTA, 

hereafter referred to as the ‘‘Agencies,’’ 

must meet in complying with NEPA (42 

U.S.C. 4321 et seq.), as well as a 

requirement to initiate a rulemaking to 

allow for the use of programmatic 

approaches. 23 U.S.C. 139(b)(3)(A). 

Through this NPRM, the Agencies 

propose to revise their regulations that 

implement NEPA at 23 CFR part 771— 

Environmental Impact and Related 

Procedures, and 23 U.S.C. 138 and 49 

U.S.C. 303 (hereafter referred to as 

Section 4(f) 1) at 23 CFR part 774— 

Parks, Recreation Areas, Wildlife and 

Waterfowl Refuges, and Historic Sites. 

The proposed revisions would reflect 

MAP–21 requirements and better reflect 

current Agency practice, as well as 

improve readability consistent with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review’’ 

(2011). 

General Discussion of the Proposals 

The following bullets are sections of 

MAP–21 that affect 23 CFR parts 771 

and 774; the list does not include the 

sections of MAP–21 that have been the 

subject of other rulemakings: 

• Section 1119(c)(2) revised the 

Section 4(f) exception for park road and 

parkway projects to apply to Federal 

lands transportation facilities, which 

affects the Section 4(f) exception in 

774.13(e); 

• Section 1122 replaced the former 

‘‘transportation enhancement projects 

program’’ with a new ‘‘transportation 

alternatives projects program,’’ which 

affects the Section 4(f) exception in 

774.13(g); 

• Section 1302 amended 23 U.S.C. 

108 to address advance acquisition of 

real property interests, which affects the 

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