[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27534-27537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11309]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
[Docket No. DOT-OST-2012-0044]
Department of Transportation Updated Environmental Justice Order
5610.2(a)
AGENCY: Office of the Secretary of Transportation, DOT.
ACTION: Final DOT Environmental Justice Order.
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SUMMARY: The Department of Transportation (the Department or DOT) is
issuing an update to Departmental Order 5610.2(a) (Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations). This Order updates the Department's original
Environmental Justice Order, which was published April 15, 1997. The
Order continues to be a key component of the Department's strategy to
promote the principles of environmental justice in all Departmental
programs, policies, and activities.
DOT Order 5610.2(a) sets forth the DOT policy to consider
environmental justice principles in all (DOT) programs, policies, and
activities. It describes how the objectives of environmental justice
will be integrated into planning and programming, rulemaking, and
policy formulation. The Order sets forth steps to prevent
disproportionately high and adverse effects to minority or low-income
populations through Title VI analyses and environmental justice
analyses conducted as part of Federal transportation planning and NEPA
provisions. It also describes the specific measures to be taken to
address instances of disproportionately high and adverse effects and
sets forth relevant definitions.
This updated Order reaffirms DOT's commitment to environmental
justice and clarifies certain aspects of the original Order, including
the definitions of ``minority'' populations in compliance with the
Office of Management and Budget's (OMB) Revisions to the Standards for
the Classification of Federal Data on Race and Ethnicity of October 30,
1997. The revisions clarify the distinction between a Title VI analysis
and an environmental justice analysis conducted as part of a NEPA
review, and affirm the importance of considering environmental justice
principles as part of early planning activities in order to avoid
disproportionately high and adverse effects. The updated Order
maintains the original Orders general framework and procedures and
DOT's commitment to promoting the principles of environmental justice
in all DOT programs, policies, and activities.
This Order is effective upon its date of issuance.
FOR FURTHER INFORMATION CONTACT: Beth Osborne, Deputy Assistant
Secretary for Transportation Policy, telephone (202) 366-8979, or
[email protected], U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Washington, DC 20590.
Order 5610.2(a)
Subject: Department of Transportation Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
1. Purpose and Authority
a. This Order updates and clarifies environmental justice
procedures for the Department in response to the Memorandum of
Understanding on Environmental Justice signed by heads of Federal
agencies on August 4, 2011, DOT's revised environmental justice
strategy issued on March 2, 2012, and Executive Order 12898, Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, dated February 11, 1994.
The Department's original Environmental Justice Order, issued April
15, 1997, was a key component of the Department's original strategy and
established procedures to be used by DOT to comply with Executive Order
12898. This revised Order continues to be a key component of DOT's
environmental justice strategy. It updates and clarifies certain
aspects of the original Order while maintaining its general framework
and procedures and DOT's commitment to promoting the principles of
environmental justice in all DOT programs, policies, and activities.
Relevant definitions are in the Appendix.
b. Executive Order 12898 requires each Federal agency, to the
greatest
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extent practicable and permitted by law, and consistent with the
principles set forth in the report on the National Performance Review,
to achieve environmental justice as part of its mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects, including interrelated social
and economic effects, of its programs, policies, and activities on
minority populations and low-income populations in the United States.
Compliance with this DOT Order is a key element in the environmental
justice strategy adopted by DOT to implement the Executive Order, and
can be achieved within the framework of existing laws, regulations, and
guidance.
c. Consistent with paragraph 6-609 of Executive Order 12898, this
Order is limited to improving the internal management of DOT and is not
intended to, nor does it, create any rights, benefits, or trust
responsibility, substantive or procedural, enforceable at law or
equity, by a party against the Department, its Operating
Administrations, its officers, or any person. Nor should this Order be
construed to create any right to judicial review involving the
compliance or noncompliance with this Order by the Department, its
Operating Administrations, its officers or any other person.
2. Scope
This Order applies to the Office of the Secretary, DOT's Operating
Administrations, and all other DOT components.
3. Effective Date
This Order is effective upon its date of issuance.
4. Policy
a. It is the policy of DOT to promote the principles of
environmental justice (as embodied in the Executive Order) through the
incorporation of those principles in all DOT programs, policies, and
activities. This will be done by fully considering environmental
justice principles throughout planning and decision-making processes in
the development of programs, policies, and activities, using the
principles of the National Environmental Policy Act of 1969 (NEPA),
Title VI of the Civil Rights Act of 1964 (Title VI), the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, (URA), the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59; SAFETEA-
LU) and other DOT statutes, regulations and guidance that address or
affect infrastructure planning and decision-making; social, economic,
or environmental matters; public health; and public involvement.
b. In complying with this Order, DOT will rely upon existing
authority to collect data and conduct research associated with
environmental justice concerns. To the extent permitted by existing
law, and whenever practical and appropriate to assure that
disproportionately high and adverse effects on minority or low income
populations are identified and addressed, DOT shall collect, maintain,
and analyze information on the race, color, national origin, and income
level of persons adversely affected by DOT programs, policies, and
activities, and use such information in complying with this Order.
5. Integration With Existing Operations
a. The Office of the Secretary and each Operating Administration
shall determine the most effective and efficient way of integrating the
processes and objectives of this Order with their existing regulations
and guidance.
b. In undertaking the integration with existing operations
described in paragraph 5a, DOT shall observe the following principles:
(1) Environmental justice principles apply to planning and
programming activities, and early planning activities are a critical
means to avoid disproportionately high and adverse effects in future
programs, policies, and activities. Planning and programming activities
for policies, programs, and activities that have the potential to have
a disproportionately high and adverse effect on human health or the
environment shall include explicit consideration of the effects on
minority populations and low-income populations. Procedures shall be
established or expanded, as necessary, to provide meaningful
opportunities for public involvement by members of minority populations
and low-income populations during the planning and development of
programs, policies, and activities (including the identification of
potential effects, alternatives, and mitigation measures).
(2) Steps shall be taken to provide the public, including members
of minority populations and low-income populations, access to public
information concerning the human health or environmental impacts of
programs, policies, and activities, including information that will
address the concerns of minority and low-income populations regarding
the health and environmental impacts of the proposed action.
c. Future rulemaking activities undertaken pursuant to DOT Order
2100.5 (which governs all DOT rulemaking), and the development of any
future guidance or procedures for DOT programs, policies, or activities
that affect human health or the environment, shall address compliance
with Executive Order 12898 and this Order, as appropriate.
d. The formulation of future DOT policy statements and proposals
for legislation that may affect human health or the environment will
include consideration of the provisions of Executive Order 12898 and
this Order.
6. Ongoing DOT Responsibility
Compliance with Executive Order 12898 is an ongoing DOT
responsibility. DOT will continuously monitor its programs, policies,
and activities to ensure that disproportionately high and adverse
effects on minority populations and low-income populations are avoided,
minimized or mitigated in a manner consistent with this Order and
Executive Order 12898. This Order does not alter existing assignments
or delegations of authority to the Operating Administrations or other
DOT components.
7. Preventing Disproportionately High and Adverse Effects
Under Title VI, each Federal agency is required to ensure that no
person, on the ground of race, color, or national origin, is excluded
from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal
financial assistance. This statute affects every program area in DOT.
Consequently, DOT managers and staff must administer their programs in
a manner to assure that no person is excluded from participating in,
denied the benefits of, or subjected to discrimination by any program
or activity of DOT because of race, color, or national origin. While
Title VI is a key tool for agencies to use to achieve environmental
justice goals, it is important to recognize that Title VI imposes
statutory and regulatory requirements that are broader in scope than
environmental justice. There may be some overlap between environmental
justice and Title VI analyses; however, engaging in environmental
justice analysis under Federal transportation planning and NEPA
provisions will not necessarily satisfy Title VI requirements.
Similarly, a Title VI analysis would not necessarily satisfy
environmental justice requirements,
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since Title VI does not include low-income populations. Moreover, Title
VI applies to all Federally-funded projects and activities, not solely
those which may have adverse human health or environmental effects on
communities.
b. It is DOT's policy to actively administer and monitor its
operations and decision-making to assure that nondiscrimination and the
prevention of disproportionately high and adverse effects are an
integral part of its programs, policies, and activities. DOT currently
administers policies, programs, and activities which are subject to the
requirements of NEPA, Title VI, URA, SAFETEA-LU and other statutes that
involve human health or environmental matters, or interrelated social
and economic impacts. These requirements will be administered so as to
identify, early in the development of the program, policy or activity,
the risk of discrimination and disproportionately high and adverse
effects so that positive corrective action can be taken. In
implementing these requirements, the following information should be
obtained where relevant, appropriate and practical:
--Population served and/or affected by race, color or national origin,
and income level;
--Proposed steps to guard against disproportionately high and adverse
effects on persons on the basis of race, color, or national origin, and
income level;
--Present and proposed membership by race, color, or national origin,
in any planning or advisory body that is part of the program, policy or
activity.
c. Statutes governing DOT operations will be administered so as to
identify and avoid discrimination and avoid disproportionately high and
adverse effects on minority populations and low-income populations by:
(1) Identifying and evaluating environmental, public health, and
interrelated social and economic effects of DOT programs, policies, and
activities,
(2) Proposing measures to avoid, minimize and/or mitigate
disproportionately high and adverse environmental and public health
effects and interrelated social and economic effects, and providing
offsetting benefits and opportunities to enhance communities,
neighborhoods, and individuals affected by DOT programs, policies, and
activities, where permitted by law and consistent with the Executive
Order,
(3) Considering alternatives to proposed programs, policies, and
activities, where such alternatives would result in avoiding and/or
minimizing disproportionately high and adverse human health or
environmental impacts, consistent with the Executive Order, and
(4) Eliciting public involvement opportunities and considering the
results thereof, including soliciting input from affected minority and
low-income populations in considering alternatives.
8. Actions To Address Disproportionately High and Adverse Effects
a. Following the guidance set forth in this Order and its Appendix,
the head of each Operating Administration and the responsible officials
for other DOT components shall determine whether programs, policies, or
activities for which they are responsible will have an adverse human
health or environmental effect on minority and low-income populations
and whether that adverse effect will be disproportionately high.
b. In making determinations regarding disproportionately high and
adverse effects on minority and low-income populations, mitigation and
enhancements measures that will be implemented and all offsetting
benefits to the affected minority and low-income populations may be
taken into account, as well as the design, comparative impacts, and the
relevant number of similar existing system elements in non-minority and
non-low-income areas.
c. The Operating Administrators and other responsible DOT officials
will ensure that any of their respective programs, policies or
activities that will have a disproportionately high and adverse effect
on minority populations or low-income populations will only be carried
out if further mitigation measures or alternatives that would avoid or
reduce the disproportionately high and adverse effect are not
practicable. In determining whether a mitigation measure or an
alternative is ``practicable,'' the social, economic (including costs)
and environmental effects of avoiding or mitigating the adverse effects
will be taken into account.
d. The Operating Administrations and other responsible DOT
officials will also ensure that any of their respective programs,
policies, or activities that will have a disproportionately high and
adverse effect on populations protected by Title VI (``protected
populations'') will only be carried if:
(1) A substantial need for the program, policy, or activity exists,
based on the overall public interest; and
(2) Alternatives that would have less adverse effects on protected
populations (and that still satisfy the need identified in subparagraph
d(1) above), either
(a) Would have other adverse social, economic, environmental or
human health impacts that are severe; or
(b) Would involve increased costs of extraordinary magnitude.
e. DOT's responsibilities under Title VI and related statutes and
regulations are not limited by this paragraph, nor does this paragraph
limit or preclude claims by individuals or groups of people with
respect to any DOT programs, policies, or activities under these
authorities. Nothing in this Order adds to or reduces existing Title VI
due process mechanisms.
f. The findings, determinations, and/or demonstration made in
accordance with this section must be appropriately documented, normally
in the environmental impact statement or other NEPA document prepared
for the program, policy, or activity, or in other appropriate planning
or program documentation.
Appendix
1. Definitions
The following terms where used in this Order shall have the
following meanings:
a. DOT means the Office of the Secretary, DOT Operating
Administrations, and all other DOT components.
b. Low-Income means a person whose median household income is at
or below the Department of Health and Human Services poverty
guidelines.
c. Minority means a person who is:
(1) Black: A person having origins in any of the black racial
groups of Africa;
(2) Hispanic or Latino: A person of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish culture or
origin, regardless of race;
(3) Asian American: A person having origins in any of the
original peoples of the Far East, Southeast Asia, or the Indian
subcontinent;
(4) American Indian and Alaskan Native: A person having origins
in any of the original people of North America, South America
(including Central America), and who maintains cultural
identification through tribal affiliation or community recognition;
or
(5) Native Hawaiian and Other Pacific Islander: People having
origins in any of the original peoples of Hawaii, Guam, Samoa, or
other Pacific Islands.
d. Low-Income Population means any readily identifiable group of
low-income persons who live in geographic proximity, and, if
circumstances warrant, geographically dispersed/transient persons
(such as migrant workers or Native Americans) who will be similarly
affected by a proposed DOT program, policy or activity.
e. Minority Population means any readily identifiable groups of
minority persons who live in geographic proximity, and if
circumstances warrant, geographically dispersed/transient persons
(such as migrant workers or Native Americans) who will be
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similarly affected by a proposed DOT program, policy or activity.
f. Adverse effects means the totality of significant individual
or cumulative human health or environmental effects, including
interrelated social and economic effects, which may include, but are
not limited to: Bodily impairment, infirmity, illness or death; air,
noise, and water pollution and soil contamination; destruction or
disruption of man-made or natural resources; destruction or
diminution of aesthetic values; destruction or disruption of
community cohesion or a community's economic vitality; destruction
or disruption of the availability of public and private facilities
and services; vibration; adverse employment effects; displacement of
persons, businesses, farms, or nonprofit organizations; increased
traffic congestion, isolation, exclusion or separation of minority
or low-income individuals within a given community or from the
broader community; and the denial of, reduction in, or significant
delay in the receipt of, benefits of DOT programs, policies, or
activities.
g. Disproportionately high and adverse effect on minority and
low-income populations means an adverse effect that:
(1) Is predominately borne by a minority population and/or a
low-income population, or
(2) Will be suffered by the minority population and/or low-
income population and is appreciably more severe or greater in
magnitude than the adverse effect that will be suffered by the non-
minority population and/or non-low-income population.
h. Programs, policies, and/or activities mean all projects,
programs, policies, and activities that affect human health or the
environment, and which are undertaken or approved by DOT. These
include, but are not limited to, permits, licenses, and financial
assistance provided by DOT. Interrelated projects within a system
may be considered to be a single project, program, policy or
activity for purposes of this Order.
i. Regulations and guidance means regulations, programs,
policies, guidance, and procedures promulgated, issued, or approved
by DOT.
Dated: May 2, 2012.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2012-11309 Filed 5-9-12; 8:45 am]
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