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[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]

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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

AGENCY: Federal Highway Administration (FHWA), Federal Railroad 
Administration (FRA), Federal Transit Administration (FTA), U.S. 
Department of Transportation (DOT).

ACTION: Notice; request for comments.

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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\
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    \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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    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]
BILLING CODE 4910-22-P
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