Changes To Environmental Review For Federal Transit Administration - Federal Highway Administration

Federal Transit Administration (FTA), Federal Highway Administration (FHWA) have published a final rule revising some of their Environmental review and Related Procedures. This final rule makes revisions to the joint FTA and FHWA regulations that implement the National Environmental Policy Act (NEPA). The final rule is effective on February 7, 2013

FTA and FHWA published a Notice of Proposed Rulemaking (NPRM) on March 15, 2012. In the NPRM, FTA proposed: (1) The creation of ten new categorical exclusions (CEs) to be located in a newly proposed section of the regulation at 23 CFR 771.118; (2) the expansion of public involvement methods to include electronic means; (3) the addition of language on early scoping into the regulations; (4) a modification to the list of project types that normally result in the preparation of an Environmental Impact Statement (EIS); and (5) the inclusion of an FTA review role in contracting for Environmental Assessment (EA) and EIS projects. The comment period closed on May 14, 2012.

Of the five major changes FTA and the FHWA included in the March 2012 NPRM, four are being carried forward in this final rule: (1) The creation of ten new CEs to be located in a newly proposed section of the regulation at 23 CFR 771.118; (2) the expansion of public involvement methods to include electronic means; (3) the addition of language on early scoping into the regulations; and (4) a modification to the list of project types that normally result in the preparation of an EIS. FTA intends that the preamble language contained in this final rule be used as guidance when applying the changes made by this final rule.

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