```
[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Notices]
[Pages 9710-9716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4134]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary
[OST Docket 50125]

Department of Transportation Proposed Environmental Justice 
Strategy

AGENCIES: Office of the Secretary: Departmental Office of Civil Rights 
and Office of the Assistant Secretary for Transportation Policy; DOT.

ACTION: Request for comment on U.S. Department of Transportation 
proposed environmental justice strategy.

-----------------------------------------------------------------------

SUMMARY: Executive Order 12898, signed by President Clinton on February 
11, 1994, directs each Federal agency to develop a strategy to address 
environmental justice concerns in its programs, policies and 
regulations. The thrust of the Executive Order is to avoid 
disproportionately high and adverse impacts on minority and low-income 
populations with respect to human health and the environment.

    The Department of Transportation (DOT) has prepared a proposed 
environmental justice strategy. The proposed strategy describes the 
approach we are considering to achieve environmental justice objectives 
throughout the Department. To help us formulate the final strategy, we 
are soliciting comments from a broad range of organizations and 
individuals with an interest in environmental justice and 
transportation matters.

DATES: Comments are requested by March 1, 1995. Late-filed comments 
will be considered to the extent practicable.

ADDRESSES: Comments should be sent to Docket Clerk, Docket 50125, 
Department of Transportation, 400 7th Street, SW., Room PL 401, 
Washington, DC 20590. To facilitate consideration of the comments, 
commenters are requested to file six copies of each submission. 
Comments will be available for inspection at this address from 9 a.m. 
to 5 p.m., Monday through Friday. Commenters who wish the Department to 
acknowledge receipt of their comments should include a stamped, self-
addressed postcard with their comments. The Docket Clerk will date-
stamp the postcard and mail it back to the commenter.

FOR FURTHER INFORMATION CONTACT:
Ira Laster, Jr., Office of Environment, Energy, and Safety, Office of 
the Assistant Secretary for Transportation Policy, telephone (202) 366-
4859, or Alyce Boyd-Stewart, Departmental Office of Civil Rights, 
telephone (202) 366-9366, U.S. Department of 
[[Page 9711]] Transportation, 400 7th Street, SW., Washington, DC 
20590.

    Dated: February 13, 1995.
Antonio Califa,
Director, Departmental Office of Civil Rights.
Joseph Canny,
Deputy Assistant Secretary for Transportation Policy.
Attachment
Department of Transportation Proposed Environmental Justice Strategy

Introduction

Background

    Executive Order 12898, signed by President Clinton on February 11, 
1994, on ``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations,'' requires each Federal agency 
to develop a specific agency-wide strategy for implementing E.O.'s 
provisions. The thrust of the Executive Order is to avoid 
disproportionately high and adverse impacts on such populations with 
respect to human health and the environment.
    The Department of Transportation (DOT) is committed to embracing 
the principles of environmental justice by promoting enforcement of all 
applicable environmental regulations and legislation, and by promoting 
non-discrimination in its programs, policies, and activities that 
affect human health and the environment consistent with the principles 
of environmental justice. DOT is also committed to bringing government 
decisionmaking closer to the communities and people affected by these 
decisions and ensuring greater public participation in decisions 
relating to human health and the environment.
    In the period of the mid 1990's, we are witnessing dramatic changes 
in the philosophy of private and public decisionmaking. In the private 
sector, the hierarchical top-down decisionmaking apparatus, so 
characteristic of the American corporate giants in the past, is giving 
way to organizational arrangements which bring key decisionmaking 
authority to these directly performing tasks. Corporations are placing 
renewed emphasis on listening and responding to the corporate customer 
and making product quality and service, rather than cost minimization 
or short-term profit maximization, the top priorities in 
decisionmaking.
    Likewise, American governmental decisionmaking structures are 
beginning to undergo extraordinary changes. The Vice President's 
National Performance Review is setting in motion actions that are 
intended to make government more effective by becoming more friendly to 
customers and responsive to taxpayers. All these actions are intended 
to involve stakeholders in decisions by government.
    Adherence to environmental justice principles enhances these trends 
because they involve stakeholders in decisions by government. Key to 
these principles is an active community public participation process 
that provides opportunities for persons living in low-income 
neighborhoods and minority populations to participate more effectively 
in governmental decisions and programs.
    The new emphasis on environmental justice coincides with DOT's 
previously announced intent to become a model transportation agency for 
protecting and enhancing the environment and putting people first. 
Secretary Federico Pena has called for harmonizing transportation 
policy and environmental concerns as a major objective within DOT. DOT 
agencies must now become environmental leaders and demonstrate 
sensitivity both to the natural environment and to neighborhoods and 
communities in everything DOT does.

Strategy Development Process

    Upon receipt of the Executive Order and the accompanying 
Presidential memorandum, DOT established a Department-wide working 
group, which is comprised of representatives from appropriate 
secretarial offices and departmental operating administrations. The DOT 
Working Group established the overall framework for the development of 
the DOT environmental justice strategy, and over the course of the past 
several months, provided much of the information incorporated in this 
draft strategy.
    The fundamental purpose of DOT's proposed environmental justice 
strategy is to design and implement a flexible process that assures the 
full use of necessary Departmental resources in identifying and 
addressing program and constituent needs and opportunities consistent 
with requirements of the Executive Order.
    The Working Group's first major activity was to undertake a survey 
of DOT's current and proposed activities related to environmental 
justice. Results of this activity were forwarded to the Environmental 
Protection Agency (EPA) on July 13, 1994. Elements of DOT that 
completed the survey are using the results to determine the extent to 
which environmental justice requirements are being met. Where 
additional information is needed to determine the present level and 
scope of implementation, efforts are underway to acquire it.

Elements of the DOT Strategy

1. High Level Involvement

    An overview of DOT environmental justice activities was an agenda 
item at a senior staff meeting in mid-December 1994. The overview 
consisted of a summary of Executive Order 12898, a discussion of the 
outline of DOT's proposed strategy, and an overview of operating 
administrations' responses to the survey of their environmental justice 
activities. DOT has, to some degree, already incorporated environmental 
justice principles into its mission through compliance with 
requirements and principles of the National Environmental Policy Act, 
Title VI of the Civil Rights Act of 1964, and related statutes.
    Secretary Pena will communicate with all appropriate departmental 
officials expressing his support for the environmental justice 
executive order and encouraging them to incorporate the principles of 
environmental justice in program planning, budgeting, program 
development, program activities, and program evaluation, as 
appropriate. This will be done in conjunction with a DOT Order on 
establishing principles and procedures for environmental justice in all 
DOT programs, policies, and activities.

2. Public Outreach on DOT Environmental Justice Strategy

    The following represents steps DOT has or is taking to involve the 
public in the development and implementation of DOT's Environmental 
Justice Strategy. All outreach activities described below will be 
carried out consistent with the requirements of the Federal Advisory 
Committee Act.
a. National Conference on Transportation, Social Equity, and 
Environmental Justice in Chicago
    This conference, cosponsored by the Federal Transit Administration 
and the Surface Transportation Policy Project, brought together 
approximately 150 persons, mostly community activists from around the 
country, with DOT and other public officials. The meeting, held on 
November 17-18, 1994, in Chicago identified key transportation-related 
environmental and social issues of concern to persons living in 
predominately low-income and minority communities. Suggestions for 
actions to redress these concerns were also sought. A report of the 
conference findings is being prepared by the Surface Transportation 
Policy Project. [[Page 9712]] 
b. Inter-Departmental Public Meeting in Atlanta
    On January 20, 1995, DOT participated, along with other Federal 
departments/agencies, in a public meeting in Atlanta, a portion of 
which was televised nationwide by satellite to designated downlink 
sites. The purpose of this public meeting was to provide an opportunity 
for Federal agency staffs to explain the main tenets of agencies' 
environmental justice strategies and to raise issues for the 
consideration and advice of participants.
c. Meeting With the Environmental Justice Network
    In response to the Chicago meeting, DOT will discuss with members 
of the Environmental Justice Network how best to further engage persons 
living in minority and low-income communities about their environmental 
justice concerns and their views as to what steps might be taken by DOT 
to address these concerns.
d. Federal Register Notice on Environmental Justice
    DOT will publish in the Federal Register the key elements of its 
proposed environmental justice strategy and seek comments on issues 
still under discussion. The public will be requested to provide 
comments by March 1, 1995. In addition, specific efforts under 
development will be made to solicit comments from members of minority 
populations and low-income populations.
e. Final Publication in the Federal Register of DOT environmental 
Justice Strategy
    After considering the comments on the Federal Register announcement 
of the DOT strategy and the lessons learned from early grass-roots 
working meetings (see item f below). DOT will revise its proposed 
environmental justice strategy, as necessary, and publish it in the 
Federal Register. The strategy will be a ``living document'' and be 
subject to modification as a result of activities described in terms 
(f) through (h) below.
f. Grass Roots Environmental Justice Meetings
    As recommended by participants attending the Chicago Environmental 
Justice Conference. DOT anticipates holding a series of meetings with 
community groups, individuals, and business groups, as well as local, 
public, and transportation officials. The intent will be to discover 
and understand community-based environmental justice problems and to 
discuss remedial strategies included in the first version of the DOT 
environmental justice strategy. The objective will be to build 
knowledge in an additive manner, so that each successive meeting with 
groups mentioned above builds upon the last.
    Also, in response to requests from the public for educational 
outreach and training for low-income and minority persons, DOT will 
provide training to persons affected by the E.O. in how the 
transportation decisionmaking process works and the role of public 
participation in it. Persons affected by the E.O. will be afforded 
opportunities to inform DOT of any barriers to effective participation 
that may exist.
g. National Meeting on Public Participation and Environmental Justice
    A national workshop to be hosted by the Secretary of Transportation 
would present an opportunity to share experiences from the grass-roots 
working sessions with a larger constituency of stakeholders, including 
nationally-based community advocacy groups, and transportation planning 
coordinators at the state, regional, and local levels. Through combined 
plenary and small breakout group discussions, participants will 
consider issues and provide recommendations.
h. DOT Regional Workshops for Grantees, State, and Local Officials
    DOT anticipates holding workshops in selected regions for grantees, 
state and local officials on implementing the DOT Order and agency 
guidance on DOT's Environmental Justice strategy.

3. DOT Order on Environmental Justice

    A key component of the DOT environmental justice strategy is a 
proposed DOT Order prescribing procedures to be followed by the 
Department and all of its operating administrations to implement 
Executive Order 12898. The Order will apply to all appropriate DOT 
regulations policies, guidance, and program activities as well as to 
any program, project, or activity undertaken by DOT or that receives 
financial assistance or permits from DOT, which may have environmental 
justice implications. The proposed DOT Order would ensure that all 
appropriate components of the Department will apply this strategy to 
all aspects of their programs, policies, and activities.
    While the precise contents of the proposed DOT Order have not yet 
been fully developed, we anticipate that the Order will achieve three 
objectives.
    First, it would set forth requirements regarding review and 
revision of DOT regulations, programs, policies, guidance, and 
procedures that affect human health or the environment. Second, it 
would provide a methodology for identifying and addressing adverse 
effects of DOT actions and determining whether such actions are likely 
to have a disproportionately high or adverse impact on low-income or 
minority populations. Third, It would, after consideration of 
mitigation measures, prohibit DOT or its agents from proceeding with 
any actions that will have a disproportionately high and adverse 
unmitigated effect on low-income and minority populations except under 
prescribed circumstances. Each of these objectives is explained more 
fully below.
a. Review and Revision of Regulations, Programs, Objectives, Policies, 
Guidance, and Procedures
    Under the proposed Order, the Office of the Secretary and each 
operating administration of DOT would identify and assess regulations, 
programs, policies, guidance, and procedures that affect human health 
or the environment using the methodology described below, and revise 
them, as appropriate, to comply with Executive Order 12898. This 
process would include procedures to provide meaningful opportunities 
for public involvement by low-income and minority populations, 
including community input in identifying potential impacts, 
alternatives, and mitigation measures for DOT actions.
    In addition, any long-range or short-range planning and programming 
processes conducted or funded by DOT that affect human health or the 
environment would include appropriate actions to address the effects of 
such planning [including actions, where practicable consistent with the 
E.O., that may result from such planning] on minority and low-income 
populations and communities.
    Also, under the proposed DOT Order, DOT and its operating 
administrations would develop specific mitigation strategies and 
measures to address, as appropriate, disproportionately adverse effects 
of their actions, including pollution prevention measures, consistent 
with requirements of other statutes and procedures.
    The proposed Order also would provide for additional data 
collection or research as needed to provide information to comply with 
Executive Order 12898. Public input will be solicited in these 
activities. [[Page 9713]] 
b. Methodology for identifying adverse Effects and Determining Whether 
They Have a Disproportionately High or Adverse Impact on Minority and 
Low-Income Communities
    The proposed Order would set forth a methodology to be used by DOT 
grantees, state, and local officials to determine whether a DOT or a 
DOT-funded program, policy, project, or activity (DOT action) is likely 
to have a disproportionately high and adverse effect on low-income or 
minority populations. As part of this process, DOT or its agents will 
provide appropriate opportunities for comment by representatives of 
affected communities, both to obtain their input in identifying 
potential effects of the action and in devising mitigation strategies, 
where appropriate, to alleviate disproportionately high and adverse 
effects. Offsetting mitigation measures that will be taken by DOT or 
its agents, or any other compensatory benefits that will accrue to the 
affected minority or low-income populations as a result of the action, 
will be taken into account in determining if there is a 
disproportionately high and adverse impact.
c. Actions To Address Disproportionately High Adverse Effects
    Although the precise standards are yet to be developed, it is 
anticipated that the proposed DOT Order will provide standards for any 
action to address disproportionately high adverse effect on minority or 
low-income populations. It is anticipated that the action will not be 
carried out unless:
    (1) A substantial need for the action, based on the overall public 
interest, can be demonstrated; and
    (2) alternatives that will have a less disproportionate adverse 
effect on minority or low-income populations would have unacceptable 
adverse health or environmental impacts (criteria concerning such 
adverse impacts will be specified in the DOT Order).
    (3) In the case of adverse effects on populations protected by 
Title VI of the Civil Rights Act of 1964, there must also be a 
demonstration of compliance with Title VI and related statutes.

4. Public Participation

    All public participation activities described below will be carried 
out consistent with the requirements of the Federal Advisory Committee 
Act.
    In accordance with the proposed DOT Order, DOT's public 
participation processes would be reviewed and revised as necessary to 
ensure that persons living in minority and low-income communities have 
timely access to information and meaningful public participation 
opportunities in transportation decisions affecting such communities.
    The proposed Order would provide that opportunity will be afforded 
the public, including low-income and minority citizens, to comment on 
any proposed revisions to DOT regulations, policies, and procedures 
that address human health and the environment in their communities. DOT 
shall ensure that revisions to DOT policies and procedures include 
provisions for access to public information relating to human health, 
the environment, transportation, or other planning regulations and 
enforcement. DOT will ensure meaningful opportunities for public 
involvement by affected minority and low-income persons.
    DOT will seek minority and low-income involvement in identifying 
research and data collection needs, and designing environmental justice 
projects to address those needs.
    DOT will conduct training and information outreach workshops for 
low-income and minority communities on participating in DOT supported 
programs.
    DOT will produce and disseminate user-friendly materials explaining 
DOT public participation and other program requirements. This may 
include environmental justice information on public participation and 
other pertinent program requirements on a community bulletin board or a 
1-800 number to answer environmental justice questions. DOT will seek 
low-income and minority community input in deciding these matters.
    DOT has developed a set of principles to guide its public 
participation activities. These principles are enumerated as follows.
    a. Public participation with respect to environmental justice 
stakeholders will be based on an interactive partnering approach. 
Environmental justice stakeholders should be involved in designing 
studies, determining date needs, and planning conferences and meetings.
    b. Environmental justice stakeholders should, in most cases, be 
included in existing participatory activities. Environmental justice 
should not result in separate activities for environmental justice 
stakeholders which isolate them from the majority community. It may be 
necessary to start with activities specifically for environmental 
justice stakeholders to enable them to participate but the objective is 
to enlarge the community dialog on DOT initiatives to include these 
stakeholders.
    c. Including environmental justice stakeholders means more than 
assuring that they receive notices of meetings or other events and that 
all events are convenient in terms of time and location. In many cases, 
the real barriers to participation by these stakeholders are 
attitudinal (``this is not for us'' or ``they are not really 
interested''), language barriers, cultural barriers, technical 
background, literacy, communications style, and privacy issues. 
Participant training and other approaches to enable environmental 
justice stakeholders to participate are likely to be the foundation of 
a successful approach.
    d. Participatory efforts should reach out to non-leaders as well as 
stakeholder leaders through such techniques as focus groups or 
workshops.
    e. Partnering with environmental justice stakeholders will require 
agencies to review how they do business. We must assure that our 
processes are accessible to and usable by stakeholders, to the extent 
possible.
    f. The fundamentals of public involvement are that all interested 
groups and individuals have access to information, to participatory 
events, and to decisionmaking through a variety of techniques from the 
earliest stages of an activity through decisionmaking and 
implementation. all aspects of public involvement should be open to 
environmental justice stakeholders.
    g. Public participation programs are best designed at the local or 
state level. The Federal role is to set performance standards for 
public involvement programs and to provide technical assistance in 
meeting those performance standards, not to require specific actions.
5. Role of Key DOT Elements in Complying With Environmental Justice 
Executive Order

    In connection with implementing the DOT Order on environmental 
justice and, in some cases, to supplement these actions, each element 
of the Department will undertake actions. Some of the actions described 
below will be developed and refined as the Department's strategy 
evolves.
a. Departmental Office of Civil Rights
    Dissemination of information on how Title VI of the Civil Rights 
Act of 1964 Pertains to Environmental Justice.
    The DOT Order described previously will provide the operating 
administrations with a framework to ensure that their policies, 
programs, and procedures comply with the intent of the Executive Order, 
including meeting the requirements of Title VI. [[Page 9714]] 
    In addition, the Departmental Office of Civil Rights will provide 
leadership and technical assistance to the operating administrations 
and in conjunction with the appropriate administrations, to major 
recipients of DOT funds in the administration of their Title VI 
responsibilities which relate to environmental justice. This may take 
the form of guidelines, memoranda of general applicability, and 
training designed to achieve environmental justice for members of 
minority and low-income populations.
b. Federal Aviation Administration (FAA)
    The Federal Aviation Administration will adhere to the principles 
of environmental justice.
    In the area of pollution prevention, FAA will:
     Review FAA policies, programs, and activities related to 
pollution prevention and safety and revise them, where appropriate, in 
accordance with the E.O. emphasizing their importance in avoiding 
environmental inequities;
     Review FAA policies, programs, and activities related to 
enforcing the Hazardous Materials Transportation Act and associated DOT 
regulations related to aviation;
     Review FAA policies, programs, and activities related to 
advising the shipping community, including FAA facilities, and other 
affected parties of their role in avoiding environmental and public 
health impacts;
     Review FAA policies, programs, and activities related to 
implementing the various executive orders on pollution prevention and 
waste reduction. Appropriate data collection, recordkeeping, and public 
participation and outreach procedures are being developed;
     Review FAA policies, programs, and activities related to 
complying with other environmental protection laws including, for 
example, Clean Water Act, Clean Air Act, RCRA, CERCLA, TSCA, FIFRA, 
SDWA, and related state laws. FAA will comply with OSHA to provide safe 
and healthful work environment for all its employees and provide 
training to all employees;
     Review FAA policies, programs, and activities related to 
aviation and airport safety and revise, where appropriate, consistent 
with the E.O.;
     Include environmental justice principles, where 
appropriate, in its environmental liability training.
    With respect to NEPA, FAA will:
     Emphasize the important role of appropriate public 
participation and environmental review under NEPA in avoiding 
environmental inequities. The agency is revising its various NEPA 
implementation orders (see section 6 below) to include compliance with 
E.O. 12898;
     Include environmental justice in its training programs, 
including, for example, the community involvement training course that 
is currently being developed and ongoing NEPA and advanced NEPA 
courses.
    In the area of research, FAA will:
     Review the allocation of FAA education and research funds 
to Historically Black Colleges and Universities and other minority 
institutions and minority students and faculty in light of E.O. 12898. 
In addition, FAA will review its research programs to determine whether 
and how minority and low-income populations may be more appropriately 
included in the scope of particular research projects. Improved 
outreach to affected populations will be developed.
     Review its research program and consider appropriate 
research projects for developing data collection methods that may be 
needed to comply with Executive Order 12898.
c. Federal Transit Administration (FTA)
    FTA's Title VI implementing circular requires public transit 
grantees to perform fixed facility impact analyses for all construction 
projects to assess the impacts on minority and low-incomes communities. 
Additionally, public transit grantees with populations of 200,000 or 
more must describe and establish monitoring procedures to ensure that 
service levels and quality do not discriminate against persons living 
in minority communities, and thus, deny them the environmental, human 
health, social, and economic benefits of local public transit programs. 
Grantees also must describe efforts to encourage minorities to 
participate on transit decision making bodies in order to ensure that 
such boards reasonably reflect the racial/ethnic composition of the 
community affected by the transit program.
    The FTA strategic plan articulates the agency's intent to renew 
efforts to develop meaningful services for minority and low-income 
communities by designing new service demonstrations in partnership with 
such communities. Furthermore, the FTA Strategic Plan calls for a 
reexamination of how Federal transit investments are made in local 
areas and the development of appropriate action to encourage equitable 
distribution of such investments for minorities and transit-dependent 
persons living in low-income communities. FTA is also participating in 
the President's Empowerment Zone/Enterprise Community Program aimed at 
addressing low-income community revitalization.
    FTA is launching a new ``Livable Communities'' Initiative to 
instill principles in transit programs that support the development of 
vibrant and healthy communities within the transit service area. This 
program supports the principles of environmental justice by promoting 
local community partnerships in local neighborhood and community 
transportation decision making and by creating transit investments that 
will serve community goals, including environmental, land use, and 
human health objectives. This program will encourage the development of 
transit systems that offer day and health care facilities to patrons; 
will provide special access to job training and employment to 
economically disadvantaged citizens; will attract shopping and economic 
development opportunities at transit sites; and will help to shape 
attractive, people-friendly land use configurations in and around 
transit stations. The program encourages the development of safe and 
secure travel and commercial environments as well as fosters the 
development of local circulation systems that support the vitality and 
the attractiveness of individual neighborhoods and communities.
d. Federal Highway Administration (FHWA)
    To encourage that environmental protection and enhancement are 
integrated into planning and project development processes, FHWA will, 
in consultation with stakeholders and other appropriate partners, 
identify exemplary environment/planning processes, projects, and 
individuals or teams and showcase them.
    Further, FHWA with provide extensive outreach and training on the 
role of environmental, neighborhood, and community values in 
transportation investments and decisionmaking.
    With FHWA as lead agency, several DOT agencies are sponsoring a 
conference in cooperation with the Environmental Justice Resource 
Center at Clark-Atlanta University to further understand the 
environmental justice issues surrounding transportation. The conference 
is tentatively scheduled for March 30-April 1, 1995.
e. Federal Railroad Administration (FA)
    FRA addressed environmental justice issues in its Final 
Environmental impact Statement for the Northeast Corridor Improvement 
project--Electrification--New Haven, CT to Boston, MA and in 
[[Page 9715]] the recently issued FHWA/FRA Draft Environmental Impact 
Statement for the Alameda Corridor project in Southern California.

    Amtrak's Northeast Corridor Improvement project received direct 
Federal funding, and environmental justice concerns have been and will 
continue to be addressed through the NEPA environmental review process. 
FRA grant activities are currently limited to Amtrak and the state rail 
assistance program. FRA has no direct control over Amtrak grant funds 
expenditures, and the state rail grants are small. Construction 
projects, under the state rail program, have been limited to 
rehabilitation of existing rail lines in non-urban areas, with minimal 
environmental impact. If high-speed rail funding is appropriated by the 
Congress, FRA will incorporate environmental justice considerations 
into its planning requirements. Environmental justice requirements are 
being referenced in the new joint Environmental Impact Assessment 
Procedures under development by FHWA, FTA, and FRA.

f. FTA and FHWA Public Involvement Activities

    FTA, in cooperation with FHWA, made a major step toward providing 
stakeholders with access to the transportation planning, programming, 
and project development processes with the issuance of the joint 
regulations on planning, 23 CFR part 450 and 49 CFR part 613, on 
October 28, 1993. This is accomplished in two ways.

    One is by requiring that transportation decisionmaking be done in 
coordination with affected institutional bodies, including, but not 
limited to, businesses, major employers, environmental groups, labor 
unions, local land use planners, human service agencies, and providers. 
Consulting with these stakeholders is an important step to properly 
considering the range of factors required as part of an area's 
transportation planning activities. Requiring the consideration of 
these factors recognizes the relationship between transportation 
systems and the economic, environmental, and social well-being of the 
communities and regions served by them. The intended effect of this 
transportation planning environment is to promote transportation 
decisions which complement other state and local policies with an eye 
toward community well-being.

    Another important component to providing for an open decisionmaking 
process is the requirement that decisionmaking be similarly open to the 
public. In fact, FTA and FHWA require public involvement to be 
``proactive and provide[s] complete information, timely public notice, 
full public access to key decisions, and opportunities for early and 
continuing involvement'' (23 CFR 450.212 and 450.316(15)(1b)), and to 
be a significant part of all statewide and metropolitan planning 
processes. In addition, a ``process for seeking out and considering the 
needs of those traditionally underserved by existing transportation 
systems, such as low-income and minority households which may face 
challenges accessing employment and other amenities'' (23 CFR 
450.212(a)(6)). These requirements are treated in the regulatory 
language as expected outcomes of a public involvement process that is 
developed to meet the individual needs of the affected Metropolitan 
Planning Organization (MPO) or state.

    To maximize the effective implementation of the above provisions, 
FTA and FHWA are working toward providing the staffs of MPOs and state 
departments of transportation with training and guidance on how to 
achieve these ends. To emphasize the importance of public involvement 
in local transportation decisionmaking, FTA and FHWA have developed a 
Policy on Public Involvement. The agencies have also developed guidance 
specific to implementing the public involvement provisions in the 
planning regulations. Additional training and assistance in public 
involvement is being developed to promote high quality public 
involvement, designed to actively involve the public in decisionmaking 
activities. A comprehensive course for both staff and decisionmakers of 
MPOs and state DOTs is under development, to be offered free of charge 
beginning late in 1995. In addition, there will be a full catalogue of 
public involvement techniques published to promote creativity in public 
involvement.

    It is simply not enough to open the door and invite the public in. 
There needs to be some effort to ensure that persons and groups with 
substantial interests in their communities have access to the tools 
necessary for substantive participation in local transportation 
decisionmaking. Some of the project ideas that have surfaced to address 
this need include training workshops for community groups and the 
development of a `citizens' guide to MPO and statewide transportation 
planning under Intermodal Surface Transportation Assistance Act 
(ISTEA), and a similar technical guide for citizens that focuses on 
transportation modeling, planning assumptions, and transportation's 
relationship to other community services and resources.

g. Maritime Administration (MARAD)

    The Maritime Administration has addressed environmental justice 
issues by complying with the National Environmental Policy Act and the 
Department of Transportation Administrative Order 600-1. In particular, 
over the past four years MARAD has completed two successive 
environmental audit reviews at three MARAD Reserve Fleet facilities 
(James River, Beaumont and Suisun Bay) and at two other facilities 
(United States Merchant Marine Academy, Kings Point, N.Y. and the Fire 
Training Center, Swanton, Ohio). Further, MARAD is currently engaged in 
a comprehensive review and analysis of requirements relevant to future 
clean-up of Polychlorinated Biphenyls (PCBs) in its National Defense 
Reserve Fleets. In its role as the Federal advocate for increased 
productivity and competitiveness in the Nation's maritime affairs, 
MARAD will continue to address compliance with applicable environmental 
laws and regulations by the United States maritime community.

6. DOT Training on Environmental Justice

    In order to ensure that environmental justice becomes integrated in 
all appropriate Departmental activities, DOT will hold informational 
seminars on environmental justice for selected program managers 
throughout the Department. Representatives of the environmental justice 
network will be invited to assist in the planning and conduct of these 
seminars.

7. Review and Revision of DOT Environmental Procedures

    The Department will review and update, as appropriate, its 
Procedures for Considering Environmental Impacts, DOT Order 5610.1C,to 
ensure that it is consistent with Executive Order 12898 and DOT's 
proposed order on environmental justice. Attachment 2 to Order 5610.1C 
sets forth guidance on the format and content of environmental review 
documents and compliance with the National Environmental Policy Act and 
other environmental statutes, regulations, and executive orders such as 
Section 4(f) of the DOT Act. This attachment will be updated to reflect 
the requirements of Executive Order 12898 [[Page 9716]] and to outline 
the need to address potential disproportionate adverse health, or 
environmental impacts on affected populations and communities. DOT 
modal administrations also will review and update environmental 
guidance.

[FR Doc. 95-4134 Filed 2-17-95; 8:45 am]
BILLING CODE 4910-62-M
```