### 27534 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).

**FOR FURTHER INFORMATION CONTACT :**  The DOS Project Web site ( www.keystonepipeline-xl.state.gov ) provides Project-related information for viewing and downloading.

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**

**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. 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)** 

**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 andadverse 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 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


### 27535 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices

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 activitieson 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.

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 principlesthroughout 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, 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 addressthe concerns of minority and lowincome 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,


### 27536 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices

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 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 solicitinginput 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 ofsimilar 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 (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


### 27537 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**

**Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Monthly Notice of PFC Approvals and Disapprovals. In April 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.

**SUMMARY :**  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.

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. 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.