[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Rules and Regulations]
[Pages 24468-24470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9128]



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Part II





Department of Transportation





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Federal Highway Administration



23 CFR Part 771



Federal Transit Administration

49 CFR Part 622



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Environmental Impact and Related Procedures; Final Rule

  Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and 
Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 771

RIN 2132-AA78

Federal Transit Administration

49 CFR Part 622

RIN 2125-AF04


Environmental Impact and Related Procedures

AGENCIES: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule makes technical corrections to the regulation that 
governs environmental impact procedures for the FHWA and the FTA. The 
amendments contained herein make no substantive changes to the FHWA or 
the FTA regulations, policies, or procedures. This rule corrects the 
name of the Federal Transit Administration (FTA) from its former name, 
the Urban Mass Transportation Administration (UMTA); corrects a 
reference to ``urban mass transportation''; corrects statutory 
references that became outdated when Federal transit laws were 
codified; removes the reference to a program that has been eliminated; 
corrects references to regulatory ``part'' numbers that have changed; 
corrects the names of offices within FHWA and FTA; and corrects a 
spelling error.

DATES: This rule is effective June 8, 2005.

FOR FURTHER INFORMATION CONTACT: For FHWA, Frederick Skaer, Office of 
Project Development and Environmental Review, (202) 366-2065, Ms. April 
Marchese, Office of the Chief Counsel, (202) 366-5991. For FTA, 
Christopher S. Van Wyk, Office of Planning and Environment, (202) 366-
4033; or Scott A. Biehl, Assistant Chief Counsel, (202) 366-4011. Both 
agencies are located at 400 Seventh Street, SW., Washington, DC 20590. 
Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., e.t., and 
for the FTA are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded by using a 
computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
home page at: http://www.archives.gov and the Government Printing 
Office's Web page at: http://www.gpoaccess.gov.

Background

    This rule makes technical corrections to the regulations that 
govern environmental impact and related procedures for the FHWA and the 
FTA found at 23 CFR part 771 and 49 CFR part 622. The corrections are 
needed for the following reasons: (1) A statutory change in the name of 
the Department's transit agency from the Urban Mass Transportation 
Administration to the Federal Transit Administration; (2) because of 
various changes in statutory references due to the codification of 
Federal transit laws in Title 49, United States Code, Chapter 53; (3) 
changes in names of offices within the FHWA and the FTA; (4) changes in 
regulatory ``part'' references; and (5) a spelling error.

Rulemaking Analyses and Notice

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. The FHWA and the FTA find that notice and comment 
for this rule is unnecessary and contrary to the public interest 
because it will have no substantive impact, is technical in nature, and 
relates only to management, organization, procedure, and practice. The 
FHWA and the FTA do not anticipate receiving meaningful comments on it. 
States, local governments, transit agencies, and their consultants rely 
upon the environmental regulations corrected by this action. These 
corrections will reduce confusion for these entities and should not be 
unnecessarily delayed. Accordingly, for the reasons listed above, the 
agencies find good cause under 5 U.S.C. 553(b)(B) to waive notice and 
opportunity for comment.

Executive Order 12866 (Regulatory Planning and Review) and U.S. DOT 
Regulatory Policies and Procedures

    The FHWA and the FTA have determined that this action is not a 
significant regulatory action within the meaning of Executive Order 
12866 or significant within the meaning of U.S. Department of 
Transportation regulatory policies and procedures. It is anticipated 
that the economic impact of this rulemaking will be minimal. This rule 
only entails minor corrections that will not in any way alter the 
regulatory effect of 23 CFR part 771 or 49 CFR part 622. Thus, this 
final rule will not adversely affect, in a material way, any sector of 
the economy. In addition, these changes will not interfere with any 
action taken or planned by another agency and will not materially alter 
the budgetary impact of any entitlements, grants, user fees, or loan 
programs.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612) the FHWA and the FTA have evaluated the effects of 
this action on small entities and have determined that the action will 
not have a significant economic impact on a substantial number of small 
entities. This final rule will not make any substantive changes to our 
regulations or in the way that our regulations affect small entities; 
it merely corrects technical errors. For this reason, the FHWA and the 
FTA certify that this action will not have a significant economic 
impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995, 
109 Stat. 48). This rule does not impose any requirements on State, 
local, tribal governments, or the private sector and, thus, will not 
require those entities to expend any funds.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and the FHWA and the FTA 
have determined that this action does not have sufficient federalism 
implications to warrant the preparation of a federalism assessment. The 
FHWA and the FTA have also determined that this action does not preempt 
any State law or State regulation or affect the States' ability to 
discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Numbers 20.205, 
Highway Planning and Construction; 20.500 et seq., Federal Transit 
Capital Investment Grants. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs and 
activities apply to these programs.

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Paperwork Reduction Act

    This action does not create any new information collection 
requirements for which a Paperwork Reduction Act submission to the 
Office of Management and Budget would be needed under the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520.

National Environmental Policy Act

    The FHWA and the FTA have analyzed this action for the purpose of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and 
have determined that this action will not have any effect on the 
quality of the environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA and FTA have analyzed this action under Executive Order 
13175, dated November 6, 2000, and concluded that this rule will not 
have substantial direct effects on one or more Indian tribes; will not 
impose substantial direct compliance costs on Indian tribal government; 
and will not preempt tribal law. There are no requirements set forth in 
this rule that directly affect one or more Indian tribes. Therefore, a 
tribal summary impact statement is not required.

Executive Order 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    Under Executive Order 13045, Protection of Children from 
Environmental Health and Safety Risks, this final rule is not 
economically significant and does not involve an environmental risk to 
health and safety that may disproportionally affect children.

Executive Order 12630 (Taking of Private Property)

    This final rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Executive Order 13211 (Energy Effects)

    This final rule has been analyzed under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The FHWA and FTA have determined that it is not a 
significant energy action under that order because it is not a 
significant regulatory action under Executive Order 12866 and this 
final rule is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RINs contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects

23 CFR Part 771

    Environmental protection, Grant programs--transportation, Highways 
and roads, Historic preservation, Public lands, Recreation areas, 
Reporting and recordkeeping requirements.

49 CFR Part 622

    Environmental impact statements, Grant programs--transportation, 
Mass transportation, Reporting and recordkeeping requirements.
    In consideration of the foregoing, 23 CFR part 771 and 49 CFR part 
622 are amended as set forth below.

    Issued on: May 2, 2005.
Mary E. Peters,
Federal Highway Administrator.
Jennifer L. Dorn,
Administrator, Federal Transit Administration.

Federal Highway Administration

Title 23--Highways

PART 771--ENVIRONMENTAL IMPACT AND RELATED PROCEDURES [REVISED]

0
1. The authority citation for part 771 continues to read as follows:

    Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 109, 110, 128, 138 
and 315; 49 U.S.C. 303(c), 5301(e), 5323, and 5324; 40 CFR part 1500 
et seq.; 49 CFR 1.48(b) and 1.51.


Sec.  771.101  [Amended]

0
2. Amend Sec.  771.101 as follows:
0
a. In the first sentence, remove the words ``Urban Mass Transportation 
Administration (UMTA)'' and add, in their place, the words ``Federal 
Transit Administration (FTA)''.
0
b. In the second sentence, revise the acronym ``UMTA'' to read ``FTA'', 
and remove the word ``urban''.
0
c. In the third sentence, remove the citation ``49 U.S.C. 303, 1602(d), 
1604(h), 1604(i), 1607a, 1607a-1 and 1610'' and add ``49 U.S.C. 303, 
5301(e), 5323(b), and 5324(b)'' in its place.


Sec.  771.105  [Amended]

0
3. Amend footnote number 1 to Sec.  771.105(a) by revising the acronym 
``UMTA'' to read ``FTA'' each place it appears, and remove the words'', 
``Appendices D and G''.


Sec.  771.107  [Amended]

0
4. Amend Sec.  771.107(b), (c), and (d) by revising the acronym 
``UMTA'' to read ``FTA'' each place it appears.


Sec.  771.109  [Amended]

0
5. Amend Sec.  771.109, paragraph (b) by revising the acronym ``UMTA'' 
to read ``FTA'', and in paragraph (c)(3) revise the words ``Urban Mass 
Transportation Act of 1964, as amended (UMT Act),'' to read ``Federal 
transit laws (49 U.S.C. Chapter 53)''.


Sec.  771.111  [Amended]

0
6. Amend Sec.  771.111 as follows:
0
a. In paragraph (b), remove the words ``For UMTA,'' and the words ``and 
for FHWA, the approval of the 105 program (23 U.S.C. 105)'', and revise 
the word ``this'' to read ``This''.
0
b. In paragraphs (c), (i), and (j), revise the acronym ``UMTA'' to read 
``FTA'' in each place it appears.
0
c. In paragraph (i), revise the citation ``49 U.S.C. 1602(d), 1604(i), 
1607a(f) and 1607a-1(d)'' to read ``49 U.S.C. 5323(b)''
0
d. In paragraph (j), revise the words ``Director, Office of Planning 
Assistance, Urban Mass Transportation Administration'' to read 
``Director, Office of Human and Natural Environment, Federal Transit 
Administration'', and revise the words ``Office of Environmental 
Policy'' to read ``Office of Project Development and Environmental 
Review''.


Sec.  771.113  [Amended]

0
7. Amend Sec.  771.113(c) by revising the words ``section 3(a)(4) of 
the UMT Act'' to read ``49 U.S.C. 5309(g)'', and revise the acronym 
``UMTA'' to read ``FTA'' each place it appears.


Sec.  771.117  [Amended]

0
8. Amend Sec.  771.117 as follows:
0
a. In paragraph (c)(1), revise the words ``technical studies'' to read 
``research activities'', and remove the words ``and research programs; 
research activities as defined in 23 U.S.C. 307; approval of a unified 
work program and any findings required in the planning process pursuant 
to 23 U.S.C. 134; approval of statewide programs under 23 CFR part 630; 
approval of project concepts under 23 CFR part 476;''.

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0
b. In paragraph (c)(11), revise the citation ``23 CFR part 480'' to 
read ``23 U.S.C. 156''.
0
c. In paragraph (d)(12), revise the citation ``section 3(b) of the UMT 
Act'' to read ``49 U.S.C. 5309(b)''.


Sec.  771.119  [Amended]

0
9. Amend Sec.  771.119(c) by revising the acronym ``UMTA'' to read 
``FTA''.


Sec.  771.123  [Amended]

0
10. Amend Sec.  771.123(b), (h), and (j) by revising the acronym 
``UMTA'' to read ``FTA''.


Sec.  771.125  [Amended]

0
11. Amend Sec.  771.125 as follows:
0
a. In paragraph (c)(3), revise the words ``UMTA's policy on major 
investments (49 FR 21284; May 18, 1984)'' to read ``FTA's regulation on 
major capital investment projects (49 CFR part 611)''.
0
b. In paragraph (d) revise the acronym ``UMTA'' to read ``FTA''; revise 
the citation ``section 14 of the UMT Act'' to read ``49 U.S.C. 
5324(b)''; and revise the citation ``sections 3(d)(1) and (2), 5(h), 
and 5(i) of the UMT Act'' to read ``49 U.S.C. 5323(b)''.


Sec.  771.130  [Amended]

0
12. Amend Sec.  771.130(e) by revising the acronym ``UMTA'' to read 
``FTA''.


Sec.  771.135  [Amended]

0
13. Amend Sec.  771.135(p)(5)(ii) by correcting the misspelled word 
``critiera'' to read ``criteria'', and by revising the acronym ``UMTA'' 
to read ``FTA''.

Federal Transit Administration

Title 49--Transportation

Chapter VI

PART 622--ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--[AMENDED]

0
14. Revise the authority citation for part 622 to read as follows:

    Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 303(c), 5301(e), 
5323, and 5324; 40 CFR 1.51.

[FR Doc. 05-9128 Filed 5-6-05; 8:45 am]
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