[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60590-60593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25123]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2011-0055]
Environmental Justice; Proposed Circular
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of availability of proposed circular and request for
comments.
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SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site, proposed guidance in the form of a Circular
on incorporating environmental justice principles into plans, projects,
and activities that receive funding from FTA. This proposed guidance
provides recommendations to State Departments of Transportation,
Metropolitan Planning Organizations, public transportation providers,
and other recipients of FTA funds on how to fully engage environmental
justice populations in the public transportation decisionmaking
process; how to determine whether environmental justice populations
would be subjected to disproportionately high and adverse human health
or environmental effects as a result of a transportation plan, project,
or activity; and how to avoid, minimize, or mitigate these effects. By
this notice, FTA invites public comment on this proposed Circular.
DATES: Comments must be submitted by December 2, 2011. Late-filed
comments will be considered to the extent practicable.
Public Meetings: FTA and PolicyLink will co-sponsor a series of
Information Sessions regarding FTA's proposed Environmental Justice
Circular and proposed revisions to the Title VI Circular (see docket
FTA-2011-0054 for more information on the proposed revisions to the
Title VI Circular). The meetings listed below will provide a forum for
FTA staff to make oral presentations about the two proposed Circulars
and allow attendees an opportunity to ask clarifying questions.
Additionally, the sessions are intended to encourage interested parties
and stakeholders to submit their comments directly to the official
docket per the instructions found in the ADDRESSES section of this
notice.
These Information Sessions will take place as follows: Kansas City,
MO on Tuesday, October 18, 2011 from 6-9 p.m.; Boston, MA on Tuesday,
November 1, 2011 from 6-9 p.m.; Detroit, MI on Wednesday, November 9,
2011 from 6-9 p.m.; the San Francisco Bay Area on Monday, November 14,
2011 from 6-9 p.m.; and Atlanta, GA on Thursday, November 17, 2011 from
6-9 p.m.. All locations will be ADA- and transit-accessible.
For details about the exact location of each Information Session
(i.e., site name and address), please visit http://www.fta.dot.gov/FTAInformationSessions.
In consideration of the comfort and safety of all attendees and the
maximum seating capacity of meeting rooms, FTA requests RSVPs for the
Information Sessions. To RSVP, please visit http://www.FTAInformationSessions.com. At the same Web link, persons with
disabilities may request a reasonable accommodation.
ADDRESSES: You may submit comments to DOT Docket ID Number FTA-2011-
0055 by any of the following methods:
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 Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern time,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2011-0055) for this notice at
the beginning of your comments. You should submit two copies of your
comments if you submit them by mail. If you wish to receive
confirmation that FTA received your comments, you must include a self-
addressed stamped postcard. Note that all comments received will be
posted without change
[[Page 60591]]
to http://www.regulations.gov including any personal information
provided and will be available to Internet users. You may review DOT's
complete Privacy Act Statement published in the Federal Register on
April 11, 2000 (65 FR 19477). Docket: For access to the docket to read
background documents and comments received, go to http://www.regulations.gov at any time or to the U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Docket Operations, M-30,
West Building Ground Floor, Room W12-140, Washington, DC 20590 between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For program questions, Amber
Ontiveros, Office of Civil Rights, Federal Transit Administration, 1200
New Jersey Ave., SE., Room E54-422, Washington, DC 20590, phone: (202)
366-4018, fax: (202) 366-3809, or e-mail, [email protected]. For
legal questions, Bonnie Graves, Office of Chief Counsel, same address,
room E56-306, phone: (202) 366-4011, or e-mail, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Chapter-by-Chapter Analysis
A. Chapter I--Environmental Justice and Public Transportation
B. Chapter II--Tools and Techniques for Conducting an
Environmental Justice Analysis
C. Chapter III--Achieving Meaningful Public Engagement With
Environmental Justice Populations
D. Chapter IV--Integrating Principles of Environmental Justice
in Transportation Planning and Service Delivery
E. Chapter V--Incorporating Environmental Justice Principles
Into the NEPA Process
F. Chapter VI--Understanding the Differences and Similarities
Between Title VI and Environmental Justice
G. Appendix
III. Conclusion
I. Introduction
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' was
signed by President Clinton on February 11, 1994. Subsequent to
issuance of the Executive Order, the U.S. Department of Transportation
(DOT) issued an Order for implementing the Executive Order on
environmental justice (EJ). The DOT Order (Order 5610.2, ``Order to
Address Environmental Justice in Minority Populations and Low-Income
Populations,'' 62 FR 18377, Apr. 15, 1997) describes the process the
Department and its modal administrations (including FTA) will use to
incorporate EJ principles into programs, policies and activities; the
DOT Order does not provide guidance for FTA grantees on what is
expected regarding integrating EJ principles into the public
transportation decisionmaking process. FTA has not previously published
separate and distinct guidance for its grantees, but instead has
included environmental justice concepts in its Title VI Circular
(Circular 4702.1A).
Several instances of Title VI and EJ issues raised by FTA grantees
led FTA to initiate a comprehensive management review of the agency's
core guidance to grantees in these and other areas of civil rights
responsibilities for public transportation. Based on that review, FTA
determined a need to clarify and distinguish what grantees should do to
comply with Title VI regulations; and, separately, what grantees should
do to facilitate FTA's implementation of Executive Order 12898.
Therefore, FTA is proposing a new Circular 4703.1, ``Environmental
Justice Policy Guidance for Federal Transit Administration
Recipients,'' in order to provide grantees with a distinct framework to
assist them as they integrate principles of environmental justice into
their public transportation decisionmaking processes, from planning
through project development, operation and maintenance. The Circular
does not contain any new requirements, policies or directives. In
addition to the EJ Circular, FTA has also published, in this issue of
the Federal Register, a notice of availability and request for comment
for proposed revisions to FTA's Title VI Circular (Docket number FTA-
2011-0054). The Title VI Circular removes most references to
environmental justice in order to clarify the statutory and regulatory
requirements for compliance with Title VI. FTA expects that the
additional clarification provided by both documents will provide
grantees the guidance they need to properly incorporate both Title VI
and environmental justice into their public transportation
decisionmaking. FTA encourages commenters to review both notices and
provide comments on both documents.
This notice provides a summary of the proposed Circular. The
Circular itself is not included in this notice; an electronic version
may be found on FTA's Web site, at http://www.fta.dot.gov, and in the
docket at http://www.regulations.gov. Paper copies of the Circular may
be obtained by contacting FTA's Administrative Services Help Desk, at
(202) 366-4865. FTA seeks comment on the proposed Circular.
II. Chapter-by-Chapter Analysis
A. Chapter I--Environmental Justice and Public Transportation
Chapter I of the proposed Circular is an introductory chapter. It
provides a brief background of the Executive Order and describes the
purpose of the Circular. Importantly, this chapter also states what
this Circular is not--the Circular does not contain any new
requirements, policies or directions. This chapter contains the
principles of environmental justice as derived from the U.S. DOT's
Order on environmental justice, and describes broadly when an EJ
analysis will be conducted and the elements of that analysis. Some
terms necessary to explain the EJ analysis are defined; for ease of
reference, FTA has defined ``minority populations and/or low-income
populations'' as ``EJ populations.'' The chapter ends with a summary of
what will be discussed in subsequent chapters.
B. Chapter II--Tools and Techniques for Conducting an Environmental
Justice Analysis
This chapter is designed to provide tools to assist grantees as
they conduct environmental justice analyses of their plans, programs,
projects and activities. The chapter begins with an overview of a
proposed framework for conducting an EJ analysis. As described in the
framework, there are three steps for conducting an EJ analysis: (1)
Determine whether there are any EJ populations potentially impacted by
the activity; (2) if one or more EJ populations are present, consider
the potential effects of the activity on the EJ populations; and (3)
determine if any disproportionately high and adverse human health and
environmental effects can be avoided, minimized or mitigated.
After describing the basic framework, the chapter then discusses in
more detail some of the elements of the analysis. First are thresholds:
when is an EJ population present? The Council on Environmental Quality
(CEQ) issued guidance to Federal agencies on environmental justice
under environmental laws (``Environmental Justice, Guidance under the
National Environmental Policy Act,'' Dec. 10, 1997) that suggested
thresholds for minority populations; FTA proposes adapting this
guidance to apply to both minority populations and low-income
populations for consistency, and to apply these thresholds to all EJ
analyses.
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FTA seeks comment on the recommended thresholds.
Next is proposed guidance on preparing a residential demographic
profile. This section provides information on data sources, including
how grantees can use available data. This section also discusses how to
determine the geographic area for analysis, which will depend on the
planning area or the impact area of the project. The next section,
benefits and burdens analysis, describes how an analysis will need to
be scaled depending on the level of planning (e.g., Statewide,
regional, corridor-level, etc.) or the size of the project or activity.
This section provides suggestions on the types of metrics to use when
evaluating the benefits and burdens of public transportation projects
and activities. This section also clarifies that when a plan or project
will serve a predominantly minority area, it is still necessary to
analyze the effects on low-income populations, since minority
populations and low-income populations do not necessarily overlap.
Finally, this chapter proposes a list of factors to consider when
determining whether disproportionately high and adverse human health or
environmental impacts exist.
C. Chapter III--Achieving Meaningful Public Engagement With
Environmental Justice Populations
Chapter III proposes recommended strategies and techniques for
ensuring that EJ populations are not just at the public transportation
decisionmaking table, but have a voice in the decisionmaking process.
This chapter first suggests identifying the members of a community, as
doing so will assist grantees in developing successful communications
and outreach strategies. Building relationships with community-based
organizations, environmental justice networks, and others can assist
grantees in developing these strategies. Traditional public outreach
typically involves public hearings required by Federal, State or local
law for certain transportation decisions. This chapter proposes
recommendations on making this process more inclusive and user-
friendly, including consideration of location, timing, format and
accessibility.
This chapter also describes non-traditional outreach strategies
that may result in greater participation by EJ populations. Some of
these proposed strategies include informal group meetings, traditional
and non-traditional media, as well as digital media. Additional
strategies to increase involvement of EJ populations include direct
mail campaigns, community-led events, partnerships with community-based
organizations and leaders, citizen advisory committees, and public
engagement teams. This chapter recognizes that public engagement is not
a one-size-fits-all approach. A grantee should scale its public
engagement efforts to the impacts of the plan, project or activity, as
well as to the resources available to the grantee; most importantly,
the grantee will determine, based on a number of factors, which public
engagement strategies will likely be effective at engaging the local EJ
populations. FTA seeks comment on whether there are additional non-
traditional outreach strategies that should be included in this
guidance.
D. Chapter IV--Integrating Principles of Environmental Justice in
Transportation Planning and Service Delivery
This chapter proposes guidance on incorporating EJ principles into
Statewide, metropolitan and local planning processes. Many of the
strategies described in this chapter apply not only to the required
Statewide and metropolitan planning processes, but also to planning
activities undertaken by transit providers and other local entities
with public transportation planning and service-delivery
responsibilities. This chapter builds on the residential demographic
profile described in Chapter II and describes specific planning tools
for developing these profiles. The chapter briefly outlines the
Statewide and metropolitan planning public engagement requirements in
the joint FHWA/FTA planning regulations, and proposes strategies to
achieve public participation in planning activities. Each plan, whether
Statewide, metropolitan, or local, should encompass the goals and
visions for future transportation for a region or area. This chapter
explains why it is important to develop those goals and visions with
input from EJ populations.
Since public transportation providers and other local entities
often engage in some level of planning, this chapter addresses those
planning activities, such as planning for service reductions or
restructuring. This chapter provides some sample questions to guide the
discussion with the public to inform planning officials on how well
current operation, management, and maintenance of facilities and
services serve the needs of communities, with particular attention to
the parity between EJ and non-EJ populations. This chapter recommends
that public transportation providers and planning officials maintain a
regular and open dialogue with EJ populations regarding the
effectiveness of the plan, and to identify trends in public
transportation for future plans.
E. Chapter V--Incorporating Environmental Justice Principles Into the
NEPA Process
This chapter provides grantees with a road map for incorporating
environmental justice analysis into the National Environmental Policy
Act (NEPA) process. Federal agencies are required to consider the
effects of Federally-funded projects on the environment; if FTA
determines there is a disproportionately high and adverse human health
or environmental effect on an EJ population, the EJ analysis will be
part of the NEPA document. This chapter describes how a grantee can
incorporate EJ principles into its analysis of the environmental
impacts of a proposed project by defining the project impact area,
identifying alternatives, identifying adverse environmental effects,
identifying project benefits, and identifying mitigation measures and
enhancements. Finally, this chapter provides guidance related to
projects that qualify as categorical exclusions and information related
to NEPA-specific public engagement strategies.
F. Chapter VI--Understanding the Differences and Similarities Between
Title VI and Environmental Justice
As stated previously, FTA has observed that the public, grantees,
and FTA staff have sometimes considered environmental justice and Title
VI to be interchangeable--they are not. This chapter outlines the
source of environmental justice--Executive Order 12898--and the source
of Title VI--the Civil Rights Act of 1964--and then describes, in table
format, the key differences between the two. This chapter cautions
recipients that an EJ analysis will not satisfy Title VI requirements,
and a Title VI analysis likely will not satisfy EJ, since Title VI does
not include low-income populations. Finally, this chapter includes an
example of a project and describes the type of analyses required for
that project.
G. Appendix--Definitions, Authorities and References
The appendix includes a comprehensive list of definitions, most of
which are in either the DOT Order on environmental justice or the FHWA/
FTA planning regulations, and included in this document for ease of
reference. A list of authorities from which this
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guidance is derived is also included. This list is not meant to be
exhaustive, but does include the authorities relevant to the
consideration of EJ principles in the transportation context. Last is a
list of references, including Federal Register notice and other
citations as appropriate to enable readers to view the source
documents.
III. Conclusion
Included in the proposed Circular in a few places are examples,
such as the example in Chapter II regarding defining the area of
analysis for a plan or project, and the example in Chapter VI regarding
differences between an EJ analysis and a Title VI analysis. FTA seeks
comment on whether more examples would be helpful, and if so, what
types of examples would provide the most clarity for grantees.
Issued in Washington, DC this 26th day of September 2011.
Peter M. Rogoff,
Administrator.
[FR Doc. 2011-25123 Filed 9-28-11; 8:45 am]
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