[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Pages 74266-74267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30085]



Federal Highway Administration

Federal Transit Administration

Review of National Environmental Policy Act Categorical Exclusion 
Survey Posted on DOT/FHWA Web Site

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), DOT.

ACTION: Notice of availability.


SUMMARY: In accordance with section 1318(a)(2) of the Moving Ahead for 
Progress in the 21st Century Act (MAP-21) the FHWA and the FTA have 
surveyed the use of Categorical Exclusions (CE) by the Department in 
transportation projects since 2005, described the types of actions 
categorically excluded and any requests previously received by the 
Secretary for new CEs, and completed a solicitation of requests for new 
CEs from State departments of transportation (SDOT), transit 
authorities, metropolitan planning organizations (MPO), or other 
government agencies. This survey review captures the results of these 
    The FHWA and FTA are issuing this notice to advise the public that 
the CE survey review is now available on the FHWA Web site, http://www.fhwa.dot.gov/map21, and FTA Web site, http://www.fta.dot.gov/map21.

DATES: These reports were posted on the Web site on December 7, 2012.

ADDRESSES: The CE survey review is posted on the FHWA Web site at: 

Project Delivery and Environmental Review (HEPE), (202) 366-2655, or 
Jomar Maldonado, Office of the Chief Counsel (HCC), (202) 366-1373, 
Federal Highway Administration, 1200 New Jersey Ave. SE., Washington, 
DC 20590-0001. For the Federal Transit Administration: Megan Blum, 
Office of Planning and Environment (TPE), (202) 366-0463, or Dana 
Nifosi, Office of Chief Counsel (TCC), (202) 366-4011. Office hours are 
from 8:00 a.m. to 4:30 p.m. e.t., Monday through Friday, except Federal 

SUPPLEMENTARY INFORMATION: Section 1318 of MAP-21 (112 Pub. L. 141, 126 
Stat. 405) requires a survey of CE use for transportation projects 
since 2005, a description of CE actions and any requests for new CEs 
received by the Secretary since 2005, and a solicitation request for 
new CEs from a variety of stakeholders. The statute requires 
publication of the survey.
    To comply with the survey requirement, the FHWA and FTA reviewed 
the administrative records of rulemakings for new FHWA and/or FTA CEs 
since 2005 and in the Department's review of regulations in 2011. The 
administrative records for the rulemakings included Notice of Proposed 
Rulemakings (NPRM), public comments on these rulemakings, and as final 
rules associated with these NPRMs, as applicable (72 FR 44038 (Aug. 7, 
2007), Docket No. FTA-2006-26604 and 77 FR 15310 (Mar. 15, 2012), 
Docket No. FTA-2011-0056). In addition, FHWA and FTA reviewed requests 
for new CEs received as a part of the assessment of Federal regulations 
in response to the President's Executive Order 13563 (Improving 
Regulation and Regulatory Review, January 18, 2011). The request for 
new CEs was documented in the Retrospective Review and Analysis of 
Existing Rules (Department of Transportation, August 2011). Also, in 
September 2012, the Secretary sent a questionnaire, OMB Control No. 
2125-0632, to SDOTs, transit authorities, MPOs, local public agencies, 
and federally recognized Tribal Governments asking for actions they 
request for consideration as new CEs through rulemaking.
    The questionnaire asked SDOTs, transit authorities, MPOs, and 
federally recognized Tribal Governments to provide information on:
     CEs processed as a part of the NEPA for transportation 
projects since 2005;

[[Page 74267]]

     Types of actions categorically excluded;
     Requests previously received by the Secretary of 
Transportation for new CEs that are not currently in regulation; and
     Requests for new CEs.

    The Secretary sent the invitation to participate in the survey 
electronically to 1,511 individuals from SDOTs, transit authorities, 
MPOs, and federally recognized Tribal Governments. The survey period 
ran from September 5, 2012, through October 9, 2012. Responses were 
collected online and through email. Respondents were encouraged to 
provide electronic documents and other materials to supplement their 
answers. Five hundred twenty-two individuals responded to the 
questionnaire. The SDOT respondents represented 40 States, the District 
of Columbia, and Puerto Rico.
    The FHWA and FTA have compiled the responses and completed the MAP-
21 survey report. The purpose of this notice is to comply with the 
publication requirement for the survey report. The report is available 
online at www.fhwa.dot.gov/map21 and http://www.fta.dot.gov/map21.

    Authority: Sec. 1318(a)(2), Pub. L. 112-141, 126 Stat. 405 

    Issued on: December 7, 2012.
Victor Mendez,
Administrator, Federal Highway Administration.
Peter Rogoff,
Administrator, Federal Transit Administration.
[FR Doc. 2012-30085 Filed 12-12-12; 8:45 am]