[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Notices]
[Pages 28545-28556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13262]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Docket No. EP-1, Notice 5]
Procedures for Considering Environmental Impacts
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Updated Environmental Assessment Procedures.
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SUMMARY: The FRA announces that it has revised its Procedures for
Considering Environmental Impacts to update or eliminate outdated
references to programs or statutory authorities that have been revised
or that no longer exist, to correct inconsistencies with the Council on
Environmental Quality's (CEQ) National Environmental Policy Act
implementing regulations, and to improve public access to the process
that governs FRA's compliance with the National Environmental Policy
Act (NEPA) and related environmental and historic preservation laws and
regulations.
DATES: These revised Environmental Procedures are effective on May 26,
1999.
FOR FURTHER INFORMATION CONTACT: William R. Fashouer, Office of the
Chief Counsel, FRA, 1120 Vermont Avenue, N.W., Stop-10, Washington,
D.C. 20590 (telephone: 202-493-6033).
[[Page 28546]]
SUPPLEMENTARY INFORMATION: On June 16, 1980, the FRA published its
final ``Procedures For Considering Environmental Impacts''
(Environmental Procedures), 45 FR 40854 (1980). These Environmental
Procedures established a process for assessing the environmental impact
of actions and legislation proposed by the FRA and for the preparation
and processing of documents based on such assessments. As a part of a
larger DOT effort to increase intermodal planning and coordination, FRA
is currently participating with the Federal Highway Administration
(FHWA), the Federal Transit Administration (FTA), and the United States
Coast Guard bridge permit program in evaluating a proposal for new
joint environmental regulations that would cover all four DOT operating
administrations in one regulation. In advance of this effort, which is
still in the very early planning stage, FRA has decided to update its
existing Environmental Procedures in several minor respects and to
republish them in the Federal Register to facilitate public access to
the Procedures.
The revised Environmental Procedures have not been substantively
altered. FRA has sought to achieve four principal objectives in
updating the Environmental Procedures. First, obsolete statutory
references have been removed or updated and references to programs for
which FRA no longer has authority and program offices that no longer
exist have been eliminated. As an example, FRA transferred ownership of
the Alaska Railroad to the State of Alaska in 1985. In the revised
procedures, all references to the Alaska Railroad have been removed.
Second, the list of categorical exclusions in section 4(c) of the
Procedures has been updated to reflect additions that FRA has made over
the years pursuant to section 4(e) of the Procedures. Section 4(e)
authorizes FRA to adopt additional categorical exclusions when the
agency determines that particular classes of action do not have a
significant environmental impact. The revised Procedures afford FRA
with the opportunity to publish these additional categorical exclusions
for the first time.
Third, inconsistencies with the CEQ NEPA Implementing Regulations
(40 CFR part 1500) have been corrected. FRA's implementing procedures
are required to be consistent with the CEQ Regulations.
Fourth, improved public access to the procedures will be achieved
through a new publication in the Federal Register. Since the original
procedures were published in the Federal Register in 1980, they are
difficult for the public to access. By republishing the Procedures, FRA
achieves much wider public availability, especially through the Federal
Register Internet Access, which is not available for the original 1980
procedures.
Final Procedures Revisions
FRA has published these revised Environmental Procedures without
notice and an opportunity for public comment because the agency's
action simply makes updating and conforming revisions to FRA's existing
procedures and does not substantively alter the process FRA follows for
considering the environmental impact of its actions. The agency
concluded that more detailed revisions to the agency's Environmental
Procedures were not needed at this time in light of the effort
described above to consider a joint surface transportation
environmental regulations that would address the environmental process
for several DOT Operating Administrations. The public will have an
opportunity to participate in the formulation of this regulation if it
goes forward.
In accordance with the above, FRA revises its Procedures for
Considering Environmental Impacts as follows:
FEDERAL RAILROAD ADMINISTRATION
PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS
TABLE OF CONTENTS
Sec.
1. Purpose.
2. Authority.
3. Definitions.
4. Actions Covered.
5. Timing.
6. Actions.
7. Applications.
8. Consultants.
9. Citizen Involvement.
10. Environmental Assessment Process.
11. Finding of No Significant Impact.
12. 4(f) Determinations.
13. Environmental Impact Statement.
14. Contents of an Environmental Impact Statement.
15. Record of Decision.
16. Effective Date.
1. Purpose
This document establishes procedures for the assessment of
environmental impacts of actions and legislation proposed by the
Federal Railroad Administration (FRA), and for the preparation and
processing of documents based on such assessments. These Procedures
supplement the Council on Environmental Quality (CEQ) Regulations (40
CFR parts 1500 et seq., hereinafter ``CEQ 1500'') and Department of
Transportation (DOT) Order 5610.1C. Although only certain portions of
the CEQ regulations or DOT Order are specifically referenced in these
Procedures, the unreferenced portions also apply.
2. Authority
These Procedures implement the requirements of section 20 of DOT
Order 5610.1C. This document establishes procedures for compliance by
the FRA with the National Environmental Policy Act (42 U.S.C. 4321 et
seq., hereinafter NEPA), especially NEPA section 102 (2)(C) (42 U.S.C.
4332(2)(C)); section 4(f) of the Department of Transportation Act (49
U.S.C. 303(c)); section 106 of the National Historic Preservation Act
(16 U.S.C. 470(f)); section 309(a) of the Clean Air Act (42 U.S.C.
7609(a)); section 307(c)(2) of the Coastal Zone Management Act (16
U.S.C. 1456(c)(2)); section 2(a) of the Fish and Wildlife Coordination
Act (16 U.S.C. 662(a)); section 7 of the Endangered Species Act (16
U.S.C. 1536); the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.);
and certain Executive Orders, regulations, and guidelines cited in this
document which relate to environmental assessment and environmental
documentation.
3. Definitions
The definitions contained within CEQ 1508 apply to these
Procedures. Additional or expanded definitions are as follows:
(a) ``Administrator'' means the Federal Railroad Administrator.
(b) ``CEQ'' means the Council on Environmental Quality.
(c) ``EIS'' means an Environmental Impact Statement.
(d) ``EPA'' means the U.S. Environmental Protection Agency.
(e) ``FONSI'' means a Finding of No Significant Impact.
(f) ``4(f)-Protected Properties'' are any publicly-owned land of a
public park, recreation area, or wildlife and waterfowl refuge of
national, State or local significance or any land of an historic site
of national, State, or local significance (as determined by the
Federal, State, or local officials having jurisdiction over the park,
area, refuge, or site) within the meaning of section 4(f) of the DOT
Act (49 U.S.C. 303(c)).
(g) ``4(f)Determination'' is a report which must be prepared prior
to the Administrator's approval of any FRA action which requires the
use of any 4(f)-protected properties. This report documents both the
supporting analysis and the finding required by section 4(f) of the DOT
Act (49 U.S.C. 303(c)), that (1) there is no prudent and feasible
[[Page 28547]]
alternative to the use of such land, and (2) the proposed FRA action
includes all possible planning to minimize harm to the park,
recreational area, wildlife and waterfowl refuge, or historic site
resulting from the use.
(h) ``FRA Action'' is an action taken by the Administrator or his
or her delegate. FRA actions include grants, loans, financing through
redeemable preference shares and loan guarantees, contracts, purchases,
leases, construction, research activities, rulemaking, regulatory
actions, approvals, certifications, and licensing. FRA actions also
include actions only partially funded by FRA. FRA actions include FRA-
sponsored proposals for legislation and favorable reports on proposed
rail-related legislation, but do not include responses to Congressional
requests for reports on pending legislation or appropriation requests.
(i) ``Program Office'' is an office within FRA which has been
delegated the authority to administer a particular FRA action or
program and which therefore bears primary responsibility for performing
environmental assessments and preparing environmental documents in
compliance with these Procedures.
(j) ``P-10'' refers to the Office of Environment, Energy, and
Safety within the Department of Transportation.
4. Actions Covered
(a) General Rule. The requirements of sections 5 through 15 of
these Procedures shall apply to all FRA actions which are determined to
be major FRA actions in accordance with this section.
(b) Major FRA Actions. A major FRA action for purposes of these
Procedures is any FRA action which does not come within one of the
classes of actions categorically or otherwise excluded in subsections
(c), (d) or (e) of this section. The Program Office shall consult with
the FRA Office of Chief Counsel before determining that an FRA action
is not a major FRA action under subsection (c). Any determination that
an FRA action is not a major FRA action based on the application of the
criteria in subsection (e) of this section shall be made in writing by
the Program Office and reviewed for legal sufficiency by the FRA Office
of Chief Counsel. The FRA Office of Chief Counsel will, in coordination
with other FRA offices, annually review actions taken under this
subsection to determine whether additions should be made to the classes
of action excluded in subsection (c).
(c) Actions Categorically Excluded. Certain classes of FRA actions
have been determined to be categorically excluded from the requirements
of these Procedures as they do not individually or cumulatively have a
significant effect on the human environment. In extraordinary
circumstances, a normally excluded action may have a potentially
significant environmental effect because it does not satisfy one or
more of the criteria in subsection (e) of this section. In such case,
the Program Office shall prepare the necessary environmental assessment
and follow the appropriate FONSI or EIS process for that action. The
following classes of FRA actions are categorically excluded:
(1) Administrative procurements (e.g. for general supplies) and
contracts for personal services;
(2) Personnel actions;
(3) Financial assistance or procurements for planning or design
activities which do not commit the FRA or its applicants to a
particular course of action affecting the environment;
(4) Technical or other minor amendments to existing FRA
regulations;
(5) Internal orders and procedures not required to be published in
the Federal Register under the Administrative Procedure Act, 5 U.S.C.
552(a)(1);
(6) Changes in plans for an FRA action for which an environmental
document has been prepared, where the changes would not alter the
environmental impacts of the action;
(7) Rulemakings issued under section 17 of the Noise Control Act of
1972, 42 U.S.C. 4916;
(8) State rail assistance grants under 49 U.S.C. 22101 et seq. for
rail service continuation payments and acquisition, as defined in 49
CFR 266;
(9) Guarantees of certificates for working capital under the
Emergency Rail Services Act (45 U.S.C. 661 et seq.);
(10) Hearings, meetings, or public affairs activities;
(11) Maintenance of: existing railroad equipment; track and bridge
structures; electrification, communication, signaling, or security
facilities; stations; maintenance-of-way and maintenance-of-equipment
bases; and other existing railroad-related facilities. For purposes of
this exemption ``maintenance'' means work, normally provided on a
periodic basis, which does not change the existing character of the
facility, and may include work characterized by other terms under
specific FRA programs;
(12) Temporary replacement of an essential rail facility if repairs
are commenced immediately after the occurrence of a natural disaster or
catastrophic failure;
(13) Operating assistance to a railroad to continue existing
service or to increase service to meet demand, where the assistance
will not result in a change in the effect on the environment;
(14) State rail assistance grants under 49 U.S.C. 22101 et seq. for
relocation costs as that term is defined in 49 C.F.R. Part 266, where
the relocation involves transfer of a shipper to a site zoned for the
relocated activity. This categorical exclusion shall not apply to the
relocation of a shipper involved in the transportation of any material
classified as a hazardous material by DOT in 49 CFR Part 172;
(15) Financial assistance for the construction of minor loading and
unloading facilities, provided that projects included in this category
are consistent with local zoning, do not involve the acquisition of a
significant amount of land, and do not significantly alter the traffic
density characteristics of existing rail or highway facilities;
(16) Minor rail line additions including construction of side
tracks, passing tracks, crossovers, short connections between existing
rail lines, and new tracks within existing rail yards provided that
such additions are not inconsistent with existing zoning, do not
involve acquisition of a significant amount of right of way, and do not
significantly alter the traffic density characteristics of the existing
rail lines or rail facilities;
(17) Acquisition of existing railroad equipment, track and bridge
structures, electrification, communication, signaling or security
facilities, stations, maintenance of way and maintenance of equipment
bases, and other existing railroad facilities or the right to use such
facilities, for the purpose of conducting operations of a nature and at
a level of use similar to those presently or previously existing on the
subject properties;
(18) Research, development and/or demonstration of advances in
signal, communication and/or train control systems on existing rail
lines provided that such research, development and/or demonstrations do
not require the acquisition of a significant amount of right-of-way,
and do not significantly alter the traffic density characteristics of
the existing rail line;
(19) Improvements to existing facilities to service, inspect, or
maintain rail passenger equipment, including expansion of existing
buildings, the construction of new buildings and outdoor facilities,
and the reconfiguration of yard tracks; and
(20) Promulgation of railroad safety rules and policy statements
that do not result in significantly increased emissions of air or water
pollutants or
[[Page 28548]]
noise or increased traffic congestion in any mode of transportation.
(d) Other Actions-Excluded in Accordance with CEQ Regulations. The
following classes of actions have been determined to be actions not
covered by NEPA as defined in CEQ 1500.6 and 1508.18(a):
(1) Operating and capital grants to Amtrak. These grants are
excluded because NEPA does not apply to requests for appropriations and
FRA has no discretion to withhold these grants at the funding stage if
they are in accordance with the spending plan approved by Congress.
Furthermore, FRA has no control over the use of such funds by Amtrak;
(2) Enforcement of safety regulations; and
(3) Issuance of emergency orders.
(e) Criteria for Exclusion of Actions. A class of FRA action not
excluded under subsections (c) and (d) of this section may nevertheless
be excluded from the requirements for ``major FRA actions'' in these
Procedures if it satisfies all of the following criteria:
(1) The action is not judged to be environmentally controversial
from the point of view of people living within the environment affected
by the action or controversial with respect to the availability of
adequate relocation housing;
(2) The action is not inconsistent with any Federal, State, or
local law, regulation, ordinance, or judicial or administrative
determination relating to environmental protection;
(3) The action will not have any significant adverse impact on any
natural, cultural, recreational, or scenic environment(s) in which the
action takes place, or on the air or water quality or ambient noise
levels of such environment(s);
(4) The action will not: use 4(f)-protected properties; adversely
affect properties under section 106 of the National Historic
Preservation Act; involve new construction located in a wetlands area;
or affect a base floodplain;
(5) The action will not cause a significant short-or long-term
increase in traffic congestion, or other significant adverse
environmental impact on any mode of transportation;
(6) The action is not an integral part of a program of actions
which, when considered separately, would not be classified as major FRA
actions, but when considered together would be so classified; and
(7) Environmental assessment or documentation is not required by
any Federal law, regulation, guideline, order, or judicial or
administrative determination other than these Procedures.
(f) Class of Actions. A general class of major FRA actions, or a
general class of Federally-related actions at least one of which is a
major FRA action, may be covered by a single environmental assessment
and subsequent documentation where the environmental impacts of all the
actions (and their alternatives) are substantially similar.
(g) Programmatic Actions.
(1) A programmatic FRA action, consisting of a group of FRA actions
or a broad action composed of elements which are themselves FRA actions
but where no single action would be taken except in conjunction with
the other related actions, shall be treated as a separate major FRA
action for purposes of these Procedures. Decisions on related rail
facilities, e.g. connecting lines of a railroad or consolidations,
should normally be considered a programmatic action.
(2) A programmatic environmental document should identify program
level alternatives and assess the program-wide environmental impacts.
To the extent information is available, it should also identify the
alternatives to and impacts of component FRA actions within the
program, and the implications on alternative transportation systems.
(3) Where a programmatic environmental document has been prepared,
the FRA program office shall examine each component FRA action making
up the program to determine, in accordance with subsection (b) of this
section, whether the component action is a major FRA action, which has
not been assessed in the programmatic document.
(4) For any component action which constitutes a major FRA action,
the Program Office shall prepare such additional environmental
documentation as may be required by these Procedures, unless the
documentation prepared for the programmatic action satisfies the
requirements of these Procedures for the component FRA action. In
preparing the site specific or component action documentation, the
Program Office shall reference and summarize the programmatic document
and shall limit the discussion to the unique alternatives to and
impacts of the site specific or component action.
5. Timing
(a) General. In general, the possible environmental effects of an
FRA action must be considered at the earliest possible time along with
technical and economic studies. For purposes of designating major
decision points, FRA actions can be broken into three broad categories:
(1) ``Applications for Funding'' which include grants, cooperative
agreements, loan guarantees, and financing through redeemable
preference shares;
(2) ``FRA Initiated Actions'' which include proposed legislation,
rulemakings, and R&D activities; and
(3) ``Direct FRA Projects'' which include the planning and building
of Federal works such as the Northeast Corridor Improvement Project, or
the acquisition, use and disposal of Federal land and real property.
(b) Applications For Funding. Appropriate environmental
documentation shall be commenced no later than immediately after the
application is received. (CEQ 1502.5(b)). The FONSI, EIS, or
categorical exclusion determination, as appropriate, shall be completed
prior to a decision by the Administrator on the approval of the
application and shall accompany the application through the decision-
making process. In the event the Administrator disapproves of an
application prior to the completion of the FONSI or EIS, the FONSI or
EIS need only be completed if the disapproval is based on environmental
grounds.
(c) FRA Initiated Actions. Appropriate environmental documentation
shall be commenced concurrently with any planning for the action. The
FONSI, EIS, or categorical exclusion determination, as appropriate,
shall be completed prior to a decision by the Administrator to
implement an action and shall accompany the proposed legislation,
rulemaking or R&D package through the decision-making process.
Implementation includes submission of proposed legislation to the
Office of Management and Budget, or procurement of an outside
consultant or in-house start up of the R&D project. For informal
rulemaking activities, the draft EIS should normally accompany the
proposed rule.
(d) Direct FRA Projects. Appropriate environmental documentation
shall be commenced at the feasibility analysis stage. (CEQ 1502.5(a)).
Where a programmatic document has been prepared, the environmental
document for each component action not adequately addressed in the
programmatic document will be prepared along with design studies. The
FONSI, EIS or categorical exclusion determination shall be completed
prior to a construction decision and circulated to the Administrator as
part of the decision-making process.
[[Page 28549]]
6. Joint Actions
(a) Joint Effort. Where one or more Federal agencies together with
FRA either co-sponsor an action, or are directly involved in an action
through funding, licenses, or permits, or are involved in a group of
actions directly related because of functional interdependence or
geographical proximity or both, or are involved in a single program,
the Program Office shall seek to join all such agencies in performing a
single joint environmental assessment and in preparing necessary
environmental documentation. Consistent with the requirements of CEQ
1506.2 and 1506.5 an applicant shall, to the fullest extent possible,
serve as a joint lead agency if the applicant is a State agency or
local agency, and the proposed action is subject to State or local
requirements comparable to NEPA.
(b) Lead Agency. Where the FRA joins with one or more other Federal
agencies in the performance of an environmental assessment and in the
preparation of environmental documentation, all agencies should agree
to designate a single ``lead agency'' to supervise the effort. Any
request by FRA for CEQ resolution of lead agency designation (CEQ
1501.5(e)) shall be made only after consultation with the FRA Office of
Chief Counsel and notification to P-10. Where FRA has the primary
Federal responsibility, the Program Office will act as the lead agency
in accordance with CEQ 1501.6(a). The lead agency should consult with
the other participating agencies to ensure that the joint effort makes
the best use of areas of jurisdiction and of special expertise of the
participating agencies, that the views of participating agencies are
considered in the course of the environmental assessment and
documentation process, and that the substantive and procedural
requirements of all participating agencies are met. Requests for lead
agency designation by other parties should be made to the FRA Office of
Policy and Program Development, which will advise the appropriate
Program Office and the FRA Office of Chief Counsel.
(c) Cooperating Agency. The FRA is responsible for substantive and
procedural compliance with environmental laws, orders, and regulations.
Where the FRA is a cooperating agency on a joint effort of
environmental assessment and documentation, the Program Office shall
perform the functions stated in CEQ 1501.6(b) and review the work of
the lead agency to ensure that its work product will satisfy the
requirements of the FRA under these Procedures. The Program Office may
enter into a memorandum of understanding with the lead agency
substituting the lead agency's content requirements for those in
sections ll(h) and 14(a)-(u). If the lead agency is another component
of DOT, the 4(f) content requirements in section 12(d) may also be
substituted. For every major FRA action, however, the review and
approval responsibilities of these Procedures must be met for any final
environmental document.
7. Applicants
(a) General. Each applicant for FRA financial assistance or other
major FRA action may be requested to perform an environmental
assessment of the proposed FRA action and to submit documentation of
that assessment with the application. An applicant may also be
requested to submit a proposed draft EIS or proposed FONSI in
connection with the application, or to act as a joint lead agency if
the applicant is a State agency with state-wide jurisdiction or is a
State or local agency, and the proposed action is subject to a State
requirement comparable to NEPA.
(b) Information Required. Where an applicant is required to submit
environmental documentation, the Program Office shall assist the
applicant by specifying the types and amounts of information,
consistent with these Procedures and the published regulations, if any,
under which the application is being made. The Program Office shall
work with potential applicants early in the process to assist in the
development of information responsive to sections 10 through 14 of
these Procedures.
(c) Premature Act by Applicant. The Program Office shall inform an
applicant that the applicant may not take any major action, in
expectation of approval of the application, prior to completion of the
environmental documentation process by the FRA, as required by these
Procedures.
(d) Applicant's Use of Consultants. An applicant may use
consultants in the performance of an environmental assessment and in
the preparation of proposed environmental documents, subject to
approval of the selected consultant by the Program Office.
(e) FRA Responsibility. The FRA is responsible for substantive and
procedural compliance with environmental laws, orders, and regulations,
and cannot delegate this responsibility to applicants. The Program
Office shall solicit comments from state and local governments and the
public on the environmental consequences of any grant application. The
Program Office that processes an application shall make its own
evaluation of the environmental issues raised by the application. The
Program Office shall review environmental documentation submitted in
connection with an application to insure that it satisfies the
requirements of these Procedures. An environmental document may be
accepted by a Program Office after such review and shall then be
considered to have been prepared by that office for purposes of
sections 10 through 15 of these Procedures. When necessary to perform
such review, the Program Office shall seek the advice of the FRA Office
of Policy and Program Development and the FRA Office of Chief Counsel.
8. Consultants
(a) General. A Program Office may use consultants in the
performance of environmental assessments and in the preparation of
environmental documents.
(b) Conflicts of Interest. A Program Office shall exercise care in
selecting consultants, and in reviewing their work, to ensure that
their analysis is complete and objective. Contractors shall execute a
disclosure statement prepared by the Program Office, specifying that
they have no financial or other interest in the outcome of the project.
(c) FRA Responsibility. The FRA is responsible for substantive and
procedural compliance with environmental laws, orders, and regulations,
and cannot delegate this responsibility to consultants. The Program
Office that contracts with a consultant shall make its own evaluation
of the environmental issues raised by the proposed action. The Program
Office shall review any assessments performed and any documents
prepared by a consultant to ensure that they satisfy the requirements
of these Procedures. When necessary to the performance of its review,
the Program Office shall seek the advice of the FRA Office of Policy
and Program Development and of the FRA Office of Chief Counsel. An
environmental document accepted by a Program Office pursuant to this
section shall be considered to have been prepared by that office for
purposes of sections 10 through 15 of these Procedures.
9. Citizen Involvement
(a) Policy. Citizen involvement is encouraged at every stage of the
environmental assessment of a proposed FRA action.
(b) Procedures. After a Program Office has made the decision to
prepare a draft
[[Page 28550]]
EIS, the Program Office shall implement the following procedures:
(1) Develop, in cooperation with the FRA Public Affairs Office, a
list of interested parties, including Federal, regional, State, and
local authorities, environmental groups, individuals, and business,
public service, education, labor, and community organizations. The
``List of Federal Agencies and Federal-State Agencies with Jurisdiction
by Law or Special Expertise on Environmental Quality Issues'',
published by CEQ, should be consulted.
(2) Publish a notice of intent in the Federal Register, in
accordance with CEQ 1501.7 and 1508.22, and notify directly those
officials, agencies, organizations, and individuals with particular
interest in the proposal.
(3) Circulate the draft EIS to interested parties and to
depositories, such as public libraries, together with an invitation to
comment on the draft EIS.
(4) Publicize the availability of the draft EIS by press release,
in coordination with the FRA Public Affairs Officer, by advertisement
in local newspapers of general circulation, or by other suitable means.
The Environmental Protection Agency (EPA) will normally publish a
notice of availability in the Federal Register. If one or more
alternative(s) include significant encroachment on a floodplain, the
notice shall make reference to that fact.
(5) If necessary or desirable, as determined in consultation with
the FRA Office of Chief Counsel, using the criteria in CEQ 1506.6(c),
hold a hearing or hearings on the draft EIS. If a hearing is held, the
draft EIS shall be made available at least 30 days prior to the
hearing.
(6) Respond to all responsible comments in the final EIS in
accordance with section 13(c)(11) of these Procedures and provide
copies of the final EIS to all who commented on the draft.
(c) List of Contacts. Interested persons can get information on the
FRA environmental process and on the status of EIS's issued by the FRA
from: Office of Policy and Program Development, Federal Railroad
Administration, 1120 Vermont Avenue, N.W., Stop 15, Washington, D.C.
20590; telephone (202) 493-6400. The FRA Office of Policy and Program
Development will contact the appropriate Program Office if additional
information is required.
10. Environmental Assessment Process
(a) Policy. The process of considering the environmental impacts of
a proposed major FRA action should be begun by or under the supervision
of the Program Office at the earliest practical time in the planning
process for the proposed action and shall be considered along with
technical and economic studies. To the fullest extent possible, steps
to comply with all environmental review laws and regulations shall be
undertaken concurrently.
(b) Scope. The process of considering environmental impacts should
begin by identifying all reasonable alternatives to the proposed
action, including ``no action'' and including mitigation measures not
incorporated into the design of the proposed action. It is entirely
proper that the number of alternatives being considered should decrease
as the environmental consideration process proceeds and as analysis
reveals that certain alternatives would in fact be unreasonable. The
relevant environmental impacts of all alternatives should be identified
and discussed, including both beneficial and adverse impacts; impacts
which are direct, indirect, and cumulative; and impacts of both long
and short-term duration; and mitigation measures that would be included
for each alternative. Consultation with appropriate Federal, State, and
local authorities, and to the extent necessary, with the public, should
be begun at the earliest practicable time. The following aspects of
potential environmental impact should be considered:
(1) Air quality;
(2) Water quality;
(3) Noise and vibration;
(4) Solid waste disposal;
(5) Ecological systems;
(6) Impacts on wetlands areas;
(7) Impacts on endangered species or wildlife:
(8) Flood hazards and floodplain management;
(9) Coastal zone management;
(10) Use of energy resources;
(11) Use of other natural resources, such as water, minerals, or
timber;
(12) Aesthetic and design quality impacts;
(13) Impacts on transportation: of both passengers and freight; by
all modes, including the bicycle and pedestrian modes; in local,
regional, national, and international perspectives; and including
impacts on traffic congestion;
(14) Possible barriers to the elderly and handicapped;
(15) Land use, existing and planned;
(16) Impacts on the socioeconomic environment, including the number
and kinds of available jobs, the potential for community disruption and
demographic shifts, the need for and availability of relocation
housing, impacts on commerce, including existing business districts,
metropolitan areas, and the immediate area of the alternative, and
impacts on local government services and revenues;
(17) Environmental Justice;
(18) Public health;
(19) Public safety, including any impacts due to hazardous
materials;
(20) Recreational opportunities;
(21) Locations of historic, archeological, architectural, or
cultural significance, including, if applicable, consultation with the
appropriate State Historic Preservation Officer(s);
(22) Use of 4(f)-protected properties; and
(23) Construction period impacts.
(c) Depth. The environmental consideration process should seek to
quantify each impact identified as relevant to the proposed action and
to each alternative. Such quantification should properly develop, over
the course of the environmental impact process, from a rough order-of-
magnitude estimate of impact to finer and more precise measurements.
The depth of analysis of each impact should be guided by the following
factors:
(1) The likely significance of the impact;
(2) The magnitude of the proposed action or an alternative action;
(3) Whether the impact is beneficial or adverse; and
(4) Whether and to what extent the impact has been assessed in a
prior environmental document.
(d) Environmental Assessment. An environmental assessment shall be
prepared, in accordance with CEQ 1508.9, prior to all major FRA
actions. The environmental assessment shall be used to determine the
need to prepare either a FONSI or an EIS for the proposed action, in
accordance with subsection (e) of this section. An environmental
assessment need not be prepared as a separate document where the
Program Office or an applicant has already decided to prepare an EIS
for the proposed action. Evidence of consultation with appropriate
Federal, State, and local authorities is especially desirable as a part
of the environmental assessment. The Program Office is encouraged to
seek the advice of the FRA Office of Policy and Program Development and
the FRA Office of Chief Counsel as to the sufficiency of the
environmental assessment.
(e) Determination Based on the Environmental Assessment. On the
basis of the environmental assessment, the Program Office shall
determine: whether the proposed action will or will not have a
foreseeable significant impact on the quality of the human environment;
whether or not the proposed action will use 4(f)-protected
[[Page 28551]]
properties; whether or not the proposed action will occur in a wetlands
area; and whether or not the proposed action will occur in a base flood
plain. In making these four determinations, the Program Office shall
seek the advice of the FRA Office of Chief Counsel and shall inform
this advisory office of the ultimate determinations. Based on these
four determinations, the Program Office shall take action in accordance
with paragraphs (1) through (4) below, as applicable:
(1) If the Program Office determines that the proposed action will
not have a foreseeable significant impact, the Program Office shall
compile that determination and its supporting documentation into a
FONSI and proceed in accordance with section 11 of these Procedures.
(2) If the Program Office determines that there is a foreseeable
significant impact, it shall begin the scoping process (CEQ 1501.7) and
proceed to prepare a draft EIS in accordance with sections 9 and 13 of
these Procedures.
(3) If the Program Office determines that the proposed action
contemplates using 4(f)-protected properties, it shall proceed in
accordance with section 12 of these Procedures.
(4) If the Program Office determines that the proposed action will
occur in a wetlands area or in a base floodplain, the Program Office
shall comply with subsection 14(n)(6) or (8) of these Procedures, as
applicable. If a FONSI is prepared, the reference in 14(n)(6) and (8)
to final EIS should be read as reference to the FONSI.
11. Finding of No Significant Impact
(a) General. A FONSI shall be prepared for all major FRA actions
for which an environmental impact statement is not required, as
determined in accordance with section 10(e) of these Procedures.
(b) Decisionmaking on the Proposed Action. No decision shall be
made at any level of authority of the FRA to commit the FRA or its
resources to a major FRA action for which a FONSI must be prepared
until a FONSI covering the action has been prepared and approved in
accordance with this section.
(c) Staff Responsibilities.
(1) A FONSI, when required, shall be prepared by the Program Office
and shall be signed by the official heading that office. The Program
Office shall forward a copy to the Office of Policy and Program
Development and a copy to the FRA Office of Chief Counsel.
(2) When requested by the Program Office, the FRA Office of Policy
and Program Development shall review the FONSI and shall advise the
Program Office of the consistency of the FONSI with FRA policies and
programs.
(3) The FRA Office of Chief Counsel shall review every FONSI and
shall advise the program office in writing as to the legal sufficiency
of the FONSI.
(4) After complying with subsection (d)(2) of this section, the
Program Office shall submit the FONSI to the Administrator concurrently
with the advice obtained from the Office of Policy and Program
Development, when applicable, and from the FRA Office of Chief Counsel.
(5) A FONSI may become final only upon approval by the
Administrator. Title V program actions do not require a separate
approving endorsement by the Administrator, where his/her signature on
the formal financial assistance agreement approves the entire agreement
package including the FONSI.
(d) Coordination.
(1) Normally an approved FONSI need not be coordinated in advance
outside the FRA. Copies of the FONSI shall be made available to the
public, to a Government agency, or to Congress upon request at any
time.
(2) When the proposed action is, or is closely similar to, one
which normally requires an EIS as identified in section 13(a) of these
Procedures, or when the nature of the proposed action is one without
precedent, the proposed FONSI shall be made available to the public for
a period of not less than 30 days before the FONSI is finally approved
and the action is implemented.
(e) 4(f) Determinations. A 4(f) determination, prepared according
to section 12 of these Procedures, may be required for a proposed FRA
action even though an EIS is not required. If so, the 4(f)
determination shall be prepared concurrently with and integrated with
the FONSI for purposes of the review process.
(f) Representations of Mitigation. Where a FONSI has represented
that certain measures would be taken to mitigate adverse environmental
impacts of an action, the FRA program office shall monitor the action
and, as necessary, take steps to enforce the implementation of such
measures. Where applicable, the Program Office shall include
appropriate mitigation measures as a condition to financial assistance
and as a provision of contracts. The program office shall, upon
request, inform cooperating or commenting agencies on progress in
carrying out mitigation measures they proposed and which were adopted
by FRA, and shall also, upon request, make available to the public the
results of relevant monitoring.
(g) Changes and Supplements. Where, in the development of an FRA
action for which a FONSI was prepared, a significant change is made
which would alter environmental impacts, or where significant new
information becomes available regarding the environmental impacts of
such an FRA action, the Program Office shall prepare an environmental
assessment in order to determine whether, because of the changes or the
new information, the proposed action will or will not have a
foreseeable significant impact on the quality of the human environment.
In making this determination, the Program Office shall seek the advice
of the FRA Office of Chief Counsel. If, because of the change or the
new information, the proposed action will have a foreseeable
significant impact on the quality of the human environment, the Program
Office shall prepare a draft EIS and proceed in accordance with
sections 9 and 13 of these Procedures. If not, the Program Office shall
prepare an appropriate supplement to the original FONSI.
(h) Contents of a FONSI. A FONSI shall include the environmental
assessment in accordance with CEQ 1508.13. There is no prescribed
format for FONSI's. A FONSI shall contain the following:
(1) Identification of the document as a FONSI;
(2) Identification of the FRA;
(3) The title of the action, including, if applicable,
identification of the action as a legislative proposal;
(4) The Program Office which prepared the document;
(5) The month and year of preparation of the document;
(6) The name, title, address, and phone number of the person in the
Program Office who should be contacted to supply further information
about the document;
(7) A list of those persons or organizations assisting the Program
Office in the preparation of the document;
(8) A description of the proposed action;
(9) A description of the alternatives considered;
(10) Environmental effects;
(11) To the extent necessary and practicable, evidence of
compliance with all applicable environmental laws, e.g., a copy of
letters from the State Historic Preservation Officer and the Advisory
Council on Historic Preservation;
(12) A discussion of mitigation measures that will be used;
[[Page 28552]]
(13) A conclusion that the proposed action will have no foreseeable
significant impact on the quality of the human environment; and
(14) Signature and date indicating the approval of the
Administrator required by subsection (c) of this section.
12. 4(f) Determinations
(a) General. The Program Office shall obtain the approval of the
Administrator for a 4(f) determination before any FRA action is taken
which proposes to use 4(f) protected properties. The 4(f) determination
shall be prepared concurrently with and shall be integrated with either
a FONSI or an environmental impact statement, or for those projects
classified as categorical exclusions, in a separate Section 4(f)
determination.
(b) Staff Responsibilities.
(1) The Program Office shall determine whether or not a proposed
action contemplates the use of 4(f)-protected properties. The Program
Office shall seek the advice of the FRA Office of Chief Counsel in
making this determination.
(2) If it is determined that the proposed action would use 4(f)-
protected properties, the Program Office shall initiate consultations
on the proposed action with the Department of the Interior and, if
appropriate, with the Departments of Housing and Urban Development and
of Agriculture. If State or locally-owned property is involved, the
Program Office should also consult with the appropriate State or local
authorities.
(3) The Program Office shall incorporate into its environmental
assessment of the proposed action an analysis of whether or not there
are any feasible and prudent alternatives to the proposed use of 4(f)-
protected properties and of all possible planning measures which could
be taken to minimize harm to such 4(f)-protected properties resulting
from such use.
(4) If the Program Office determines on the basis of its analysis
that there is no feasible and prudent alternative to the use in the
proposed action of 4(f)-protected properties, it shall prepare a 4(f)
determination for the action. The document shall evidence consultation
with the Department of the Interior and, where applicable, with the
Departments of Housing and Urban Development and of Agriculture. The
Program Office shall forward a copy of the 4(f) determination to the
FRA Office of Policy and Program Development and a copy to the office
of Chief Counsel as part of the appropriate FONSI or EIS or as a
separate document for those projects classified as categorical
exclusions.
(5) When requested by the Program Office, the FRA Office of Policy
and Program Development shall review the 4(f) determination and shall
advise the Program Office as to the consistency of the 4(f)
determination with FRA policies and programs.
(6) The FRA Office of Chief Counsel shall review every 4(f)
determination and shall advise the Program Office in writing as to the
legal sufficiency of the 4(f) determination.
(7) The Program Office shall submit the 4(f) determination to the
Administrator concurrently with the advice obtained from the FRA Office
of Policy and Program Development, when applicable, and from the FRA
Office of Chief Counsel.
(8) A 4(f) determination may become final only upon approval by the
Administrator.
(c) Representations of Mitigation. Where a 4(f)determination has
represented that certain measures would be taken to implement the
planning to minimize harm to 4(f)-protected properties, the Program
Office shall monitor the action and, as necessary, take steps to
enforce the implementation of such measures. Where applicable, the
Program Office shall include appropriate mitigation measures as a
condition to financial assistance and as a provision of contracts.
(d) Contents of a 4(f) Determination. There is no prescribed format
for 4(f) determinations. The information required by Section 4(f)
should normally be incorporated as an integral part of the
environmental document rather than as a separate section. To the extent
not already included in the environmental document, a 4(f)
determination shall contain the following:
(1) Identification of the document as containing a 4(f)
determination made pursuant to section 4(f) of the Department of
Transportation Act, 49 U.S.C. 303(c).
(2) Identification of the FRA;
(3) The title of the action;
(4) The Program Office which prepared the document;
(5) The month and year of preparation of the document;
(6) A description of the proposed action in its entirety;
(7) A description of the 4(f)-protected properties proposed to be
affected, including information about their size, uses, patronage,
unique qualities, and relationship to other lands in the vicinity of
the action; and an explanation of the significance of the properties as
determined by the Federal, State, or local officials having
jurisdiction thereof;
(8) A detailed description of the use which the FRA action proposes
to make of the affected 4(f)-protected properties;
(9) A similarly detailed description of every reasonable
alternative location, routing, or design to the one proposed, including
the alternative of ``no action''. Each description should analyze, as
appropriate, the technical feasibility, cost estimates (with figures
showing percentage differences in-total project costs), the possibility
of community or ecosystem disruption, and other significant
environmental impacts of each alternative, so as to evidence that the
financial, social, or ecological costs or adverse environmental impacts
of each alternative other than that proposed would present unique
problems or reach extraordinary magnitudes;
(10) A description of all planning undertaken to minimize harm to
the 4(f)-protected properties from the proposed action. This should
include a description of actions which will be taken to mitigate
adverse environmental impacts, such as beautification measures,
replacement of land or structures or their equivalents on or near their
existing site(s), tunneling, cut and cover, cut and fill, treatment of
embankments, planting, screening, installation of noise barriers, or
establishment of pedestrian or bicycle paths;
(11) Evidence of concurrence or of efforts to obtain concurrence of
the public official or officials having jurisdiction over the 4(f)-
protected properties regarding the proposed action and the planning to
minimize its harm;
(12) In a FONSI or a final EIS, evidence of consultation with the
Department of the Interior and, where appropriate, with the Departments
of Housing and Urban Development and of Agriculture;
(13) In a FONSI or a final EIS, a conclusion that there is no
feasible and prudent alternative to the proposed use of 4(f)-protected
properties and that the proposal includes all possible planning to
minimize harm to such properties resulting from such use; and
(14) In a FONSI or a final EIS, signature and date indicating the
approval of the Administrator as required by subsection (b)(8) of this
section.
13. Environmental Impact Statement
(a) General. The FRA shall prepare and include a final EIS in every
recommendation on proposals for major FRA actions significantly
affecting the quality of the human environment, as determined in
accordance with section 10 of these Procedures. There are no
[[Page 28553]]
actions which FRA has determined always require an EIS; however, an EIS
shall be prepared for all major FRA actions significantly affecting the
quality of the environment. This normally includes any construction of
new major railroad lines or new major facilities or any change which
will result in a significant increase in traffic.
(b) Decisionmaking on the Proposed Action. No decision shall be
made at any level of FRA to commit the FRA or its resources to a major
FRA action for which an EIS must be prepared until the later of the
following dates:
(1) Thirty (30) days after a final EIS covering the action has been
submitted to the EPA, as measured from the date the EPA publishes a
notice of the final EIS's availability in the Federal Register; or
(2) Ninety (90) days after a draft EIS has been made available to
the public, as measured from the date the EPA publishes a notice of the
draft EIS's availability in the Federal Register. The Program Office
may seek a waiver from the EPA to shorten these time limits for
compelling reasons of national policy. In emergency circumstances,
alternative arrangements can be made through CEQ. Any proposed waiver
of time limits should be requested only after consultation with the FRA
Office of Chief Counsel which will submit the request through P-10 to
EPA or CEQ as appropriate.
(c) Staff Responsibilities and Timing.
(1) The Program Office shall begin the preparation of a draft EIS
as soon as it determines, or the environmental assessment performed in
accordance with section 10 of these Procedures discloses, that the
proposed action will significantly affect the quality of the human
environment.
(2) As soon as a decision to prepare a draft EIS has been made, if
FRA is the lead or only agency, the Program Office, in consultation
with the FRA Office of Chief Counsel, shall undertake the scoping
process identified in CEQ 1501.7.
(3) In preparing a draft EIS, the Program Office shall perform such
research and consultation as may be required in accordance with section
14 of these Procedures or as may be considered desirable as a result of
the scoping process. The completed draft EIS shall be signed by the
head of the Program Office. The Program Office shall forward a copy to
the FRA Office of Policy and Program Development and a copy to the FRA
Office of Chief Counsel.
(4) When requested by the Program Office, the FRA Office of Policy
and Program Development shall review the draft EIS and shall advise the
Program Office in writing as to the consistency of the draft EIS with
FRA policies and programs.
(5) The FRA Office of Chief Counsel shall review every draft EIS
and shall advise the program office in writing as to the legal
sufficiency of the draft EIS.
(6) The Program Office shall submit the draft EIS to the
Administrator concurrently with the advice obtained from the FRA Office
of Policy and Program Development, when applicable, and from the FRA
Office of Chief Counsel.
(7) A draft EIS may be formally released outside the FRA only after
approval by the Administrator.
(8) The Program Office shall direct distribution of the draft EIS
as follows: EPA (five copies); the Office of the Assistant Secretary of
Transportation for Policy and International Affairs (two copies); all
interested FRA regional offices; appropriate DOT Regional
Representatives; the FRA Office of Policy and Program Development; the
FRA Office of Chief Counsel; all Federal agencies which have
jurisdiction by law or special expertise with respect to the
environmental impacts of the proposed action; State and local
government authorities and public libraries in the area to be affected
by the proposed action; and all other interested parties identified
during the preparation of the draft EIS pursuant to section 9(b)(1) of
these Procedures.
(9) The draft EIS shall be made available for public and agency
comment for at least 45 days from the Friday following the week the
draft EIS was received by EPA. The time period for comments on the
draft EIS shall be specified in a prominent place in the document, but
comments received after the stated time period expires should be
considered to the extent possible.
(10) Where a public hearing is to be held on the draft EIS, as
determined in accordance with section 9(b)(5) of these Procedures, the
draft EIS shall be made available to the public at least 30 days prior
to the hearing.
(11) The Program Office shall consider all comments received on the
draft EIS, issues raised through the citizen involvement process, and
new information, and shall revise the text into a final EIS
accordingly. (See CEQ 1503.4). If the proposed final EIS is not
submitted to the Administrator within three years from the date of the
draft EIS circulation, a written reevaluation of the draft shall be
prepared to determine if the draft EIS remains applicable, accurate,
and valid. If not, a supplement to the draft EIS or a new draft EIS
shall be prepared and circulated as required by paragraphs (1) through
(9) of this subsection. If the draft EIS remains applicable, accurate,
and valid, the final EIS shall be signed by the head of the Program
Office and copies forwarded to the FRA Office of Policy and Program
Development and the FRA Office of Chief Counsel.
(12) When requested by the Program Office, the FRA Office of Policy
and Program Development shall review the final EIS and shall advise the
Program Office in writing as to the consistency of the final EIS with
FRA policies and programs.
(13) The FRA Office of Chief Counsel shall review every final EIS
and shall advise the Program Office in writing as to its legal
sufficiency.
(14) The Program Office shall submit the final EIS to the
Administrator concurrently with the advice obtained from the FRA Office
of Policy and Program Development, when applicable, and the FRA Office
of Chief Counsel.
(15) The final EIS may become final only upon approval by the
Administrator.
(16) After approval by the Administrator, the Program Office shall
direct distribution of the final EIS as follows: EPA (five copies);
appropriate DOT Regional Representatives; all interested FRA regional
offices; the FRA Office of Policy and Program Development; the FRA
Office of Chief Counsel; State and local authorities and public
libraries in the area affected by the proposed action; Federal agencies
and other parties who commented substantively on the draft EIS in
writing or at a public hearing; and all agencies, organizations, or
individuals requesting copies.
(17) If major steps toward implementation of the proposed action
have not commenced, or a major decision point for actions implemented
in stages has not occurred within three years from the date of approval
of the final EIS, a written reevaluation of the adequacy, accuracy, and
validity of the final EIS shall be prepared, and a new or supplemental
EIS prepared, if necessary. If major steps toward implementation of the
proposed action have not occurred within the time frame, if any, set
forth in the final EIS, or within five years from the date of approval
of the final EIS, a written reevaluation of the adequacy, accuracy, and
validity of the final EIS shall be prepared, and a new or supplemental
EIS prepared, if necessary. A decision that a new or supplemental EIS
is not necessary must be processed in accordance with paragraph (14) of
this subsection (c).
[[Page 28554]]
(d) Legislative EIS. An approved draft legislative EIS may be
forwarded to the appropriate Congressional committee(s) up to 30 days
later than the proposed legislation. If a final EIS is prepared as
required by CEQ 1506.8(b)(2), it shall be forwarded to the appropriate
Congressional committee as soon as it becomes available. Comments on
the draft EIS and FRA's responses thereto shall be forwarded to the
appropriate Congressional committee(s).
(e) Changes and Supplements. Where, in the development of an FRA
action for which a draft or final EIS has been prepared, a significant
change is made which would alter environmental impacts, or where
significant new information becomes available regarding the
environmental impacts of such an FRA action, the Program Office shall
prepare an appropriate supplement to the original draft or final EIS
for that portion of the FRA action affected. Such a supplement shall be
processed in accordance with paragraphs (3) through (17) of subsection
(c) of this section. If a formal administrative record is required for
any FRA action for which a supplemental EIS is prepared, the
supplemental EIS shall be introduced into the formal administrative
record. The Program Office, in consultation with the FRA Office of
Chief Counsel, shall determine whether and to what extent any portion
of the proposed action is unaffected by the planning change or new
information. FRA decisionmaking on portions of the proposed action
having utility independent of the affected portion may go forward
regardless of the concurrent processing of the supplement.
(f) Representations of Mitigation. Where a final EIS has
represented that certain measures would be taken to mitigate the
adverse environmental impacts of an action, the FRA program office
shall monitor the action and, as necessary, take steps to enforce the
implementation of such measures. Where applicable, the Program Office
shall include appropriate mitigation measures as a condition to
financial assistance and as a provision of contracts. The program
office shall, upon request, inform cooperating and commenting agencies
on progress in carrying out mitigation measures they proposed and which
were adopted by FRA and shall also, upon request, make available to the
public the results of relevant monitoring.
(g) 4(f) Determinations. Where a 4(f) determination as well as an
EIS is required for a proposed FRA action, it shall be prepared in
accordance with section 12 of these Procedures and shall be integrated
with the draft and final EIS.
(h) Contents of an EIS. The specific contents of both a draft and
final EIS are prescribed by section 14 of these Procedures. Prescribed
format for or page limitations on EIS's shall be those set out in CEQ
1502.7 and 1502.10. An EIS shall be prepared so as to focus on the
significant issues, as identified by the environmental assessment and
the process of public comment, and so as to avoid extraneous data and
discussion. The text of an EIS should be written in plain language
comprehensible to a lay person, with technical material gathered into
appendices. Graphics and drawings, maps and photographs shall be used
as necessary to clarify the proposal and its alternatives. The sources
of all data used in an EIS shall be noted or referenced in the EIS.
14. Contents of an Environmental Impact Statement
To the fullest extent possible, the Program Office shall prepare
draft environmental impact statements concurrently with and integrated
with environmental impact analyses and related studies required by the
various environmental review laws and Executive Orders listed in
subsection (n) below.
In addition to the requirements of CEQ 1502.11 through 1502.18, and
subject to the general provisions of section 13(h) of these Procedures,
a draft or final EIS shall contain the following:
(a) If appropriate, identification of the document as containing a
4(f) determination made pursuant to section 4(f) of the Department of
Transportation Act, 49 U.S.C. 303(c).
(b) If appropriate, a citation to section 106 of the National
Historic Preservation Act, 16 U.S.C. 470(f).
(c) Identification of the FRA.
(d) The Program Office that prepared the document.
(e) The month and year of preparation of the document.
(f) In a draft EIS, the name and address of the person in the FRA
to whom comments on the document should be addressed, and the date by
which comments must be received to be considered.
(g) A list of those persons, organizations, or agencies assisting
the FRA in the preparation of the document.
(h) In a draft EIS, a list of agencies, organizations, and persons
to whom copies of the document are being sent.
(i) In a final EIS, a list of all agencies, organizations, or
persons from whom comments were received on the draft EIS.
(j) A table of contents.
(k) A brief statement of the purpose and need to which the
alternatives described in subsection (l) respond, including, where
applicable, the legislative authority on which it is based; and the
extent to which other Federal, State, or local agencies are funding or
otherwise participating in or regulating the alternatives.
(l) A description of all reasonable alternative courses of action
which could satisfy the purpose and need identified in subsection (k).
The description should include the ``no action'' alternative and
alternatives not currently within the authority of the FRA, as well as
a description of feasible mitigation measures which have not been
incorporated into the proposed action. The draft EIS may and the final
EIS shall identify which alternative is the proposed action.
(m) A short description of the environment likely to be affected by
the proposed action, by way of introduction to the environmental impact
analysis, including a list of all States, counties, and metropolitan
areas likely to be so affected.
(n) An analysis of the environmental impacts of the alternatives,
including the proposed action, if identified. The discussion under each
area of impact should cover the proposed action and all alternatives,
even if only to point out that one or more alternatives would have no
impact of that kind. Under each area of impact, the discussion should
focus on alternatives which might enhance environmental quality or
avoid some or all adverse impacts of the proposed action. Attachment 2
to DOT Order 5610.1C provides guidance on the contents of this section.
Analysis should be focused on areas of significant impact: beneficial
and adverse; direct, indirect, and cumulative; and both long-and short-
term. There should be evidence of consultation with appropriate
Federal, State and local officials. At a minimum, the following areas
should be considered in the environmental analysis, although their
discussion in the EIS is dependent on their relevance.
(1) Air quality. There should be an assessment of the consistency
of the alternatives with Federal and State plans for the attainment and
maintenance of air quality standards.
(2) Water quality. There should be an assessment of the consistency
of the alternatives with Federal and State standards concerning
drinking water, storm sewer drainage, sedimentation control, and non-
point source discharges such as runoff from construction operations.
The need for any permits under sections 402 and 404
[[Page 28555]]
of the Federal Water Pollution Control Act (33 U.S.C. 1342, 1344) for
the discharge of dredged or fill material shall be discussed.
(3) Noise and vibration. The alternatives should be assessed with
respect to applicable Federal, State, and local noise standards,
especially those enforced by the FRA for railroad equipment, yards and
facilities including 49 CFR Part 210 ``Railroad Noise Emission
Compliance Regulations.''
(4) Solid waste disposal. The alternatives should be assessed with
respect to State and local standards for sanitary landfill and solid
waste disposal.
(5) Natural ecological systems. The EIS should assess both
construction period and long-term impacts of the alternatives on
wildlife and vegetation in the affected environment. Where an
alternative proposes to control or modify a stream or other body of
water in some way, it shall contain evidence of consultation with the
U.S. Fish and Wildlife Service of the Department of the Interior and
with the agencies exercising administration over the wildlife resources
of affected States, as required by section 2(a) of the Fish and
Wildlife Coordination Act, 16 U.S.C. 662(a).
(6) Wetlands. In accordance with E.O. 11990 (May 24, 1977), and DOT
Order 5660.1A, the Program Office shall determine whether any of the
alternatives will be located in a wetland area. If so, the procedures
in DOT Order 5660.1A should be followed including consultation with the
appropriate representative of the Department of the Interior, and with
responsible Federal, State or local officials with special expertise,
concerning the impacts of the proposal on the wetland areas affected.
If the proposed action is located in a wetland area, the final EIS
shall document a determination that there is no practicable alternative
to such location, and that the proposed action includes all practicable
measures to minimize harm to wetlands which may result from such use.
(7) Endangered species. If applicable, the EIS shall discuss the
impacts of the alternatives on endangered or threatened species of
wildlife. The Department of the Interior lists such species in 50 CFR
Part 17. There should be evidence of consultation with the Department
of the Interior as required by section 7 of the Endangered Species Act,
16 U.S.C. 1536.
(8) Flood hazard evaluation and floodplain management. In
accordance with E.O. 11988 (May 24, 1977), and DOT Order 5650.2, the
Program Office shall determine whether any of the alternatives will
affect a base floodplain. Base floodplain limits shall be determined by
using Department of Housing and Urban Development floodplain maps, or,
if one or more are not available for a particular area, on the best
available information. If one or more alternatives will affect a base
floodplain, the draft EIS shall discuss: any risk associated with each
such alternative; the impacts on natural and beneficial floodplain
values; the degree to which the alternative supports incompatible
development in the base floodplain; and the adequacy of the methods
proposed to minimize harm. In the final EIS, this discussion should
concentrate on the proposed action. If the proposed action involves a
significant encroachment on a base floodplain, the final EIS shall
contain a finding, made in writing by the Administrator, that the
proposed significant encroachment is the only practicable alternative.
This finding shall be supported by a description of why the proposed
action must be located in the floodplain, including the alternatives
considered and why they were not practicable and accompanied by a
statement that the action conforms to applicable State and/or local
floodplain protection standards. This finding shall be provided to
interested parties. Guidance on the definition of significant
encroachment and other matters is provided in DOT Order 5650.2.
(9) Coastal zone management. If applicable, the EIS should discuss
to what extent the alternatives are consistent with approved coastal
zone management programs in affected States, as required by section
307(c)(2) of the Coastal Zone Management Act. 16 U.S.C. 1456(c)(2).
(10) Production and consumption of energy. The EIS shall assess in
detail any irreversible or irretrievable commitments of energy
resources likely to be involved in each alternative and any potential
energy conservation, especially those alternatives likely to reduce the
use of petroleum or natural gas, consistent with the policy outlined in
Executive Order 12185.
(11) Use of natural resources other than energy, such as water,
minerals, or timber. The EIS shall assess in detail any irreversible or
irretrievable commitments of these resources likely to be involved in
each alternative.
(12) Aesthetic environment and scenic resources. The EIS should
identify any significant changes likely to occur in the natural
landscape and in the developed environment. The EIS should also discuss
the consideration given to design quality, art, and architecture in
project planning and development as required by DOT Order 5610.4.
(13) Transportation. The EIS should assess the impacts on both
passenger and freight transportation, by all modes, from local,
regional, national, and international perspectives. The EIS should
include a discussion of both construction period and long-term impacts
on vehicular traffic congestion.
(14) Elderly and handicapped. The EIS shall assess impacts of the
alternatives on the transportation and general mobility of the elderly
and handicapped.
(15) Land use. The EIS should assess the impacts of each
alternative on local land use controls and comprehensive regional
planning as well as on development within the affected environment,
including, where applicable, other proposed Federal actions in the
area. Where inconsistencies or conflicts exist, this section should
describe the extent of reconciliation and the reason for proceeding
notwithstanding the absence of full reconciliation. As required by 42
U.S.C. 4332(2)(D)(iv), the Program Office shall provide early
notification to, and solicit the views of, any State or Federal land
management entity with respect to any alternative which may have
significant impacts upon such entity and, if there is any disagreement
on such impacts, prepare a written assessment of such impacts and views
for incorporation into the final EIS.
(16) Socioeconomic environment. The EIS should assess the number
and kinds of available jobs likely to be affected by the alternatives.
Also discussed should be the potential for community disruption or
cohesion, the possibility of demographic shifts, and impacts on local
government services and revenues. The need for and availability and
adequacy of relocation housing should be assessed, using as a guide
section 6 of Attachment 2 to DOT Order 5610.1C. The positive and
negative consequences of each alternative on commerce in the community
and its surrounding metropolitan area, specifically on existing
business districts and the immediate project areas should be analyzed.
(17) Public health.
(18) Public safety. The EIS should assess the transportation or use
of any hazardous materials which may be involved in the alternatives,
and the level of protection afforded residents of the affected
environment from construction period and long-term operations
associated with the alternatives.
[[Page 28556]]
(19) Recreation areas and opportunities. Impacts of the
alternatives on sites devoted to recreational activities should be
assessed, including impacts on non-site-specific activities, such as
hiking and bicycling, and impacts on non-activity-specific sites such
as designated ``open space''. Where land acquired with Federal grant
money such as Department of Housing and Urban Development ``open
space'' funds or Bureau of Outdoor Recreation ``land and water
conservation'' funds is involved, there should be evidence of
consultation with the grantor agency concerning the proposed action,
and of any approvals required by Section 6(f) of the Land and Water
Conservation Fund Act (16 U.S.C. 460l-8(f)).
(20) Environmental Justice. The EIS should address environmental
justice considerations as required by Executive Order 12898, ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' and the DOT Order on Environmental Justice.
(21) Sites of historical, archeological, architectural, or cultural
significance. In accordance with section 106 of the National Historic
Preservation Act, 16 U.S.C. 470(f), the EIS shall identify all
properties which may be affected by the alternatives that are included
in or eligible for inclusion in the National Register of Historic
Places. For a property not included in the National Register, the
criteria for inclusion may be found in 36 CFR Part 60. There should be
evidence of consultation with the appropriate State Historic
Preservation Officer and in case of disagreement with the Department of
the Interior as to whether a property is eligible for the National
Register. The criteria of effect on historic properties found in 36 CFR
Part 800 should be discussed with regard to each alternative. In the
final EIS, there should be evidence of consultation, concerning the
impacts of the proposed action on historic properties, with the
appropriate State Historic Preservation Officer(s), and with State or
local historical societies, museums, or academic institutions having
special expertise. In the event that the FRA in consultation with the
State Historic Preservation Officer finds that a proposed action will
have an adverse effect on such property, there should also be evidence
in the final EIS of subsequent consultation with the Advisory Council
on Historic Preservation. A 4(f) determination may also be required in
the EIS, as provided in section 12 of these Procedures.
(22) Construction impacts. The EIS should identify and assess the
impacts associated with the construction period of each alternative, if
any.
(o) A summary of unavoidable adverse impacts of the alternatives
and a description of mitigation measures planned to minimize each
adverse impact. Impacts and mitigation measures should be identified in
this table as either long-term, short-term, or construction-period. If
a proposed action will have an adverse effect on a property included in
or eligible for inclusion in the National Register of Historic Places,
this part of the final EIS shall include a copy of any Memorandum of
Agreement with, or other response to comments by, the Advisory Council
on Historic Preservation, in accordance with 36 CFR Part 800. This part
of the EIS should also include a summary of any irreversible or
irretrievable commitments of resources and any foreclosures of future
options that would be likely to result from the alternatives.
(p) A brief discussion of the relationship between local short-term
uses of the environment affected by the alternatives, and the
maintenance and enhancement of long-term productivity in that
environment.
(q) Any 4(f) determination covering the same proposed action as the
EIS.
(r) A compilation of all applicable Federal, State and local
permits, licenses, and approvals which are required before the proposed
action may commence. The final EIS should reflect that there has been
compliance with the requirements of all applicable environmental laws
and orders. If such compliance is not possible by the time of final EIS
preparation, the EIS should reflect consultation with the appropriate
agencies and provide reasonable assurance that the requirements can be
met.
(s) In a final EIS, a compilation of all responsible comments
received on the draft EIS, whether made in writing or at a public
hearing, and responses to each comment. Comments may be collected and
summarized except for comments by Federal agencies and where otherwise
required by Federal law or regulation. Every effort should be made to
resolve significant issues before the EIS is put into final form. The
final EIS should reflect such issues, consultation and efforts to
resolve such issues, including an explanation of why any remaining
issues have not been resolved.
(t) An index, if possible and useful.
(u) Signature and date indicating the approval of the Administrator
as required by section 13(c) of these Procedures.
15. Record of Decision
(a) General. The Program Office shall prepare a draft record of
decision at the point in which the FRA is prepared to make a final
decision on the proposed action. The timing of the agency's decision
shall follow the requirements of CEQ 1506.10. The record of decision
shall follow the same approval process as the final EIS, as described
in section 13(c)(12) through (16) of these Procedures.
(b) Contents. The draft record of decision shall include a
description of the proposed action and the environmental information
specified in CEQ 1505.2 as well as proposed findings pursuant to
section 4(f), the DOT Wetlands Order (DOT 5660.1A), and the DOT
Floodplains Order (DOT 5650.2), as appropriate.
(c) Changes. If the Administrator, or his or her designee, wishes
to take an action which was not identified as the preferred action in
the final EIS, or proposes to make substantial changes in the
mitigation measures or findings discussed in the draft record of
decision, the revised record of decision shall be processed internally
in the same manner as EIS approval, in accordance with section 13(c) of
these Procedures.
16. Effective Date
These Procedures were effective as of July 30, 1979 and apply to
all FRA actions undertaken after that date.
Dated: May 18, 1999.
Jolene M. Molitoris,
Administrator.
[FR Doc. 99-13262 Filed 5-25-99; 8:45 am]
BILLING CODE 4910-62-U
