(b) For FHWA actions, completion of the requirements set forth in
paragraphs (a)(1) and (2) of this section is considered acceptance of
the general project location and concepts described in the
environmental review documents unless otherwise specified by the
approving official.
    (c) Letters of Intent issued under the authority of 49 U.S.C.
5309(g) are used

by FTA to indicate an intention to obligate future funds for multi-year
capital transit projects. Letters of Intent will not be issued by FTA
until the NEPA process is completed.
    (d) The prohibition in paragraph (a)(1) of this section is limited
by the following exceptions:
    (1) Early acquisition, hardship and protective acquisitions of real
property in accordance with 23 CFR part 710, subpart E for FHWA.
Exceptions for the acquisitions of real property are addressed in
paragraphs (c)(6) and (d)(3) of Sec.  771.118 for FTA.
    (2) The early acquisition of right-of-way for future transit use in
accordance with 49 U.S.C. 5323(q) and FTA guidance.
    (3) A limited exception for rolling stock is provided in 49 U.S.C.
5309(l)(6).
    (4) FRA may make exceptions on a case-by-case basis for purchases
of railroad components or materials that can be used for other projects
or resold.

Sec.  771.115   Classes of actions.

    There are three classes of actions that prescribe the level of
documentation required in the NEPA process. A programmatic approach may
be used for any class of action.
    (a) EIS (Class I). Actions that significantly affect the
environment require an EIS (40 CFR 1508.27). The following are examples
of actions that normally require an EIS:
    (1) A new controlled access freeway.
    (2) A highway project of four or more lanes on a new location.
    (3) Construction or extension of a fixed transit facility (e.g.,
rapid rail, light rail, commuter rail, bus rapid transit) that will not
be located primarily within an existing transportation right-of-way.
    (4) New construction or extension of a separate roadway for buses
or high occupancy vehicles not located within an existing
transportation right-of-way.
    (5) New construction or extension of a separate roadway for buses
not located primarily within an existing transportation right-of-way.
    (6) New construction of major railroad lines or facilities (e.g.,
terminal passenger stations, freight transfer yards, or railroad
equipment maintenance facilities) that will not be located within an
existing transportation right-of-way.
    (b) CE (Class II). Actions that do not individually or cumulatively
have a significant environmental effect are excluded from the
requirement to prepare an EA or EIS. A specific list of CEs normally
not requiring NEPA documentation is set forth in Sec.  771.117(c) for
FHWA actions or pursuant to Sec.  771.118(c) for FTA actions. When
appropriately documented, additional projects may also qualify as CEs
pursuant to Sec.  771.117(d) for FHWA actions or pursuant to Sec.
771.118(d) for FTA actions. FRA's CEs are listed in Sec.  771.116.
    (c) EA (Class III). Actions for which the Administration has not
clearly established the significance of the environmental impact. All
actions that are not EISs or CEs are EAs. All actions in this class
require the preparation of an EA to determine the appropriate
environmental document required.

Sec.  771.116   FRA categorical exclusions.

    (a) CEs are actions that meet the definition contained in 40 CFR
1508.4, and, based on FRA's past experience with similar actions, do
not involve significant environmental impacts. They are actions that do
not induce significant impacts to planned growth or land use for the
area; do not require the relocation of significant numbers of people;
do not have a significant impact on any natural, cultural,
recreational, historic or other resource; do not involve significant
air, noise, or water quality impacts; do not have significant impacts
on travel patterns; or do not otherwise, either individually or
cumulatively, have any significant environmental impacts.
    (b) Any action that normally would be classified as a CE but could
involve unusual circumstances will require FRA, in cooperation with the
applicant, to conduct appropriate environmental studies to determine if
the CE classification is proper. Such unusual circumstances include:
    (1) Significant environmental impacts;
    (2) Substantial controversy on environmental grounds;
    (3) Significant impact on properties protected by Section 4(f)
requirements or Section 106 of the National Historic Preservation Act;
or
    (4) Inconsistencies with any Federal, State, or local law,
requirement or administrative determination relating to the
environmental aspects of the action.
    (c) Actions that FRA determines fall within the following
categories of FRA CEs and that meet the criteria for CEs in the CEQ
regulation (40 CFR 1508.4) and paragraph (a) of this section may be
designated as CEs only after FRA approval. FRA may request the
applicant or project sponsor submit documentation to demonstrate that
the specific conditions or criteria for these CEs are satisfied and
that significant environmental effects will not result.
    (1) Administrative procurements (e.g., for general supplies) and
contracts for personal services, and training.
    (2) Personnel actions.
    (3) Planning or design activities that do not commit to a
particular course of action affecting the environment.
    (4) Localized geotechnical and other investigations to provide
information for preliminary design and for environmental analyses and
permitting purposes, such as drilling test bores for soil sampling;
archeological investigations for archeology resources assessment or
similar survey; and wetland surveys.
    (5) Internal orders, policies, and procedures not required to be
published in the Federal Register under the Administrative Procedure
Act, 5 U.S.C. 552(a)(1).
    (6) Rulemakings issued under section 17 of the Noise Control Act of
1972, 42 U.S.C. 4916.
    (7) Financial assistance to an applicant where the financial
assistance funds an activity that is already completed, such as
refinancing outstanding debt.
    (8) Hearings, meetings, or public affairs activities.
    (9) Maintenance or repair of existing railroad facilities, where
such activities do not change the existing character of the facility,
including equipment; track and bridge structures; electrification,
communication, signaling, or security facilities; stations; tunnels;
maintenance-of-way and maintenance-of-equipment bases.
    (10) Emergency repair or replacement, including reconstruction,
restoration, or retrofitting, of an essential rail facility damaged by
the occurrence of a natural disaster or catastrophic failure. Such
repair or replacement may include upgrades to meet existing codes and
standards as well as upgrades warranted to address conditions that have
changed since the rail facility's original construction.
    (11) Operating assistance to a railroad to continue existing
service or to increase service to meet demand, where the assistance
will not significantly alter the traffic density characteristics of
existing rail service.
    (12) 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 or right-of-way,
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.

    (13) Acquisition or transfer of real property or existing railroad
facilities, including track and bridge structures; electrification,
communication, signaling or security facilities; stations; and
maintenance of way and maintenance of equipment bases or the right to
use such real property and railroad 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 or
facilities.
    (14) Research, development, or demonstration activities on existing
railroad lines or facilities, such as advances in signal communication
or train control systems, equipment, or track, provided that such
activities 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 or facility.
    (15) Promulgation of rules, the issuance of policy statements, the
waiver or modification of existing regulatory requirements, or
discretionary approvals that do not result in significantly increased
emissions of air or water pollutants or noise.
    (16) Alterations to existing facilities, locomotives, stations, and
rail cars in order to make them accessible for the elderly and persons
with disabilities, such as modifying doorways, adding or modifying
lifts, constructing access ramps and railings, modifying restrooms, and
constructing accessible platforms.
    (17) The rehabilitation, reconstruction or replacement of bridges,
the rehabilitation or maintenance of the rail elements of docks or
piers for the purposes of intermodal transfers, and the construction of
bridges, culverts, or grade separation projects that are predominantly
within existing right-of-way and that do not involve extensive in-water
construction activities, such as projects replacing bridge components
including stringers, caps, piles, or decks, the construction of roadway
overpasses to replace at-grade crossings, construction or
reconstruction of approaches or embankments to bridges, or construction
or replacement of short span bridges.
    (18) Acquisition (including purchase or lease), rehabilitation,
transfer, or maintenance of vehicles or equipment, including
locomotives, passenger coachers, freight cars, trainsets, and
construction, maintenance or inspection equipment, that does not
significantly alter the traffic density characteristics of an existing
rail line.
    (19) Installation, repair and replacement of equipment and small
structures designed to promote transportation safety, security,
accessibility, communication or operational efficiency that take place
predominantly within the existing right-of-way and do not result in a
major change in traffic density on the existing rail line or facility,
such as the installation, repair or replacement of surface treatments
or pavement markings, small passenger shelters, passenger amenities,
benches, signage, sidewalks or trails, equipment enclosures, and
fencing, railroad warning devices, train control systems,
signalization, electric traction equipment and structures, electronics,
photonics, and communications systems and equipment, equipment mounts,
towers and structures, information processing equipment, and security
equipment, including surveillance and detection cameras.
    (20) Environmental restoration, remediation, pollution prevention,
and mitigation activities conducted in conformance with applicable
laws, regulations and permit requirements, including activities such as
noise mitigation, landscaping, natural resource management activities,
replacement or improvement to storm water oil/water separators,
installation of pollution containment systems, slope stabilization, and
contaminated soil removal or remediation activities.
    (21) Assembly or construction of facilities or stations that are
consistent with existing land use and zoning requirements, do not
result in a major change in traffic density on existing rail or highway
facilities, and result in approximately less than ten acres of surface
disturbance, such as storage and maintenance facilities, freight or
passenger loading and unloading facilities or stations, parking
facilities, passenger platforms, canopies, shelters, pedestrian
overpasses or underpasses, paving, or landscaping.
    (22) Track and track structure maintenance and improvements when
carried out predominantly within the existing right-of-way that do not
cause a substantial increase in rail traffic beyond existing or
historic levels, such as stabilizing embankments, installing or
reinstalling track, re-grading, replacing rail, ties, slabs and
ballast, installing, maintaining, or restoring drainage ditches,
cleaning ballast, constructing minor curve realignments, improving or
replacing interlockings, and the installation or maintenance of
ancillary equipment.
    (d) Any action qualifying as a CE under Sec.  771.117 or Sec.
771.118 may be approved by FRA when the applicable requirements of
those sections have been met. FRA may consult with FHWA or FTA to
ensure the CE is applicable to the proposed action.

Sec.  771.117   FHWA categorical exclusions.

    (a) CEs are actions that meet the definition contained in 40 CFR
1508.4, and, based on FHWA's past experience with similar actions, do
not involve significant environmental impacts. They are actions that:
Do not induce significant impacts to planned growth or land use for the
area; do not require the relocation of significant numbers of people;
do not have a significant impact on any natural, cultural,
recreational, historic or other resource; do not involve significant
air, noise, or water quality impacts; do not have significant impacts
on travel patterns; or do not otherwise, either individually or
cumulatively, have any significant environmental impacts.
    (b) Any action that normally would be classified as a CE but could
involve unusual circumstances will require the FHWA, in cooperation
with the applicant, to conduct appropriate environmental studies to
determine if the CE classification is proper. Such unusual
circumstances include:
    (1) Significant environmental impacts;
    (2) Substantial controversy on environmental grounds;
    (3) Significant impact on properties protected by Section 4(f)
requirements or Section 106 of the National Historic Preservation Act;
or
    (4) Inconsistencies with any Federal, State, or local law,
requirement or administrative determination relating to the
environmental aspects of the action.
    (c) The following actions meet the criteria for CEs in the CEQ
regulations (40 CFR 1508.4) and paragraph (a) of this section and
normally do not require any further NEPA approvals by the FHWA:
    (1) Activities that do not involve or lead directly to
construction, such as planning and research activities; grants for
training; engineering to define the elements of a proposed action or
alternatives so that social, economic, and environmental effects can be
assessed; and Federal-aid system revisions that establish classes of
highways on the Federal-aid highway system.
    (2) Approval of utility installations along or across a
transportation facility.
    (3) Construction of bicycle and pedestrian lanes, paths, and
facilities.
    (4) Activities included in the State's highway safety plan under 23
U.S.C. 402.

    (5) Transfer of Federal lands pursuant to 23 U.S.C. 107(d) and/or
23 U.S.C. 317 when the land transfer is in support of an action that is
not otherwise subject to FHWA review under NEPA.
    (6) The installation of noise barriers or alterations to existing
publicly owned buildings to provide for noise reduction.
    (7) Landscaping.
    (8) Installation of fencing, signs, pavement markings, small
passenger shelters, traffic signals, and railroad warning devices where
no substantial land acquisition or traffic disruption will occur.
    (9) The following actions for transportation facilities damaged by
an incident resulting in an emergency declared by the Governor of the
State and concurred in by the Secretary, or a disaster or emergency
declared by the President pursuant to the Robert T. Stafford Act (42
U.S.C. 5121):
    (i) Emergency repairs under 23 U.S.C. 125; and
    (ii) The repair, reconstruction, restoration, retrofitting, or
replacement of any road, highway, bridge, tunnel, or transit facility
(such as a ferry dock or bus transfer station), including ancillary
transportation facilities (such as pedestrian/bicycle paths and bike
lanes), that is in operation or under construction when damaged and the
action:
    (A) Occurs within the existing right-of-way and in a manner that
substantially conforms to the preexisting design, function, and
location as the original (which may include upgrades to meet existing
codes and standards as well as upgrades warranted to address conditions
that have changed since the original construction); and
    (B) Is commenced within a 2-year period beginning on the date of
the declaration.
    (10) Acquisition of scenic easements.
    (11) Determination of payback under 23 U.S.C. 156 for property
previously acquired with Federal-aid participation.
    (12) Improvements to existing rest areas and truck weigh stations.
    (13) Ridesharing activities.
    (14) Bus and rail car rehabilitation.
    (15) Alterations to facilities or vehicles in order to make them
accessible for elderly and handicapped persons.
    (16) Program administration, technical assistance activities, and
operating assistance to transit authorities to continue existing
service or increase service to meet routine changes in demand.
    (17) The purchase of vehicles by the applicant where the use of
these vehicles can be accommodated by existing facilities or by new
facilities that themselves are within a CE.
    (18) Track and railbed maintenance and improvements when carried
out within the existing right-of-way.
    (19) Purchase and installation of operating or maintenance
equipment to be located within the transit facility and with no
significant impacts off the site.
    (20) Promulgation of rules, regulations, and directives.
    (21) Deployment of electronics, photonics, communications, or
information processing used singly or in combination, or as components
of a fully integrated system, to improve the efficiency or safety of a
surface transportation system or to enhance security or passenger
convenience. Examples include, but are not limited to, traffic control
and detector devices, lane management systems, electronic payment
equipment, automatic vehicle locaters, automated passenger counters,
computer-aided dispatching systems, radio communications systems,
dynamic message signs, and security equipment including surveillance
and detection cameras on roadways and in transit facilities and on
buses.
    (22) Projects, as defined in 23 U.S.C. 101, that would take place
entirely within the existing operational right-of-way. Existing
operational right-of-way means all real property interests acquired for
the construction, operation, or mitigation of a project. This area
includes the features associated with the physical footprint of the
project including but not limited to the roadway, bridges,
interchanges, culverts, drainage, clear zone, traffic control signage,
landscaping, and any rest areas with direct access to a controlled
access highway. This also includes fixed guideways, mitigation areas,
areas maintained or used for safety and security of a transportation
facility, parking facilities with direct access to an existing
transportation facility, transportation power substations,
transportation venting structures, and transportation maintenance
facilities.
    (23) Federally funded projects:
    (i) That receive less than $5,000,000 (as adjusted annually by the
Secretary to reflect any increases in the Consumer Price Index prepared
by the Department of Labor, see www.fhwa.dot.gov or www.fta.dot.gov) of
Federal funds; or
    (ii) With a total estimated cost of not more than $30,000,000 (as
adjusted annually by the Secretary to reflect any increases in the
Consumer Price Index prepared by the Department of Labor, see
www.fhwa.dot.gov or www.fta.dot.gov) and Federal funds comprising less
than 15 percent of the total estimated project cost.
    (24) Localized geotechnical and other investigation to provide
information for preliminary design and for environmental analyses and
permitting purposes, such as drilling test bores for soil sampling;
archeological investigations for archeology resources assessment or
similar survey; and wetland surveys.
    (25) Environmental restoration and pollution abatement actions to
minimize or mitigate the impacts of any existing transportation
facility (including retrofitting and construction of stormwater
treatment systems to meet Federal and State requirements under sections
401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341;
1342)) carried out to address water pollution or environmental
degradation.
    (26) Modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding auxiliary
lanes (including parking, weaving, turning, and climbing lanes), if the
action meets the constraints in paragraph (e) of this section.
    (27) Highway safety or traffic operations improvement projects,
including the installation of ramp metering control devices and
lighting, if the project meets the constraints in paragraph (e) of this
section.
    (28) Bridge rehabilitation, reconstruction, or replacement or the
construction of grade separation to replace existing at-grade railroad
crossings, if the actions meet the constraints in paragraph (e) of this
section.
    (29) Purchase, construction, replacement, or rehabilitation of
ferry vessels (including improvements to ferry vessel safety,
navigation, and security systems) that would not require a change in
the function of the ferry terminals and can be accommodated by existing
facilities or by new facilities that themselves are within a CE.
    (30) Rehabilitation or reconstruction of existing ferry facilities
that occupy substantially the same geographic footprint, do not result
in a change in their functional use, and do not result in a substantial
increase in the existing facility's capacity. Example actions include
work on pedestrian and vehicle transfer structures and associated
utilities, buildings, and terminals.
    (d) Additional actions that meet the criteria for a CE in the CEQ
regulations (40 CFR 1508.4) and paragraph (a) of this section may be
designated as CEs only after Administration approval unless otherwise
authorized under an

executed agreement pursuant to paragraph (g) of this section. The
applicant must submit documentation that demonstrates that the specific
conditions or criteria for these CEs are satisfied, and that
significant environmental effects will not result. Examples of such
actions include but are not limited to:
    (1)-(3) [Reserved]
    (4) Transportation corridor fringe parking facilities.
    (5) Construction of new truck weigh stations or rest areas.
    (6) Approvals for disposal of excess right-of-way or for joint or
limited use of right-of-way, where the proposed use does not have
significant adverse impacts.
    (7) Approvals for changes in access control.
    (8) Construction of new bus storage and maintenance facilities in
areas used predominantly for industrial or transportation purposes
where such construction is not inconsistent with existing zoning and
located on or near a street with adequate capacity to handle
anticipated bus and support vehicle traffic.
    (9) Rehabilitation or reconstruction of existing rail and bus
buildings and ancillary facilities where only minor amounts of
additional land are required, and there is not a substantial increase
in the number of users.
    (10) Construction of bus transfer facilities (an open area
consisting of passenger shelters, boarding areas, kiosks and related
street improvements) when located in a commercial area or other high
activity center in which there is adequate street capacity for
projected bus traffic.
    (11) Construction of rail storage and maintenance facilities in
areas used predominantly for industrial or transportation purposes
where such construction is not inconsistent with existing zoning, and
where there is no significant noise impact on the surrounding
community.
    (12) Acquisition of land for hardship or protective purposes.
Hardship and protective buying will be permitted only for a particular
parcel or a limited number of parcels. These types of land acquisition
qualify for a CE only where the acquisition will not limit the
evaluation of alternatives, including shifts in alignment for planned
construction projects, which may be required in the NEPA process. No
project development on such land may proceed until the NEPA process has
been completed.
    (i) Hardship acquisition is early acquisition of property by the
applicant at the property owner's request to alleviate particular
hardship to the owner, in contrast to others, because of an inability
to sell his property. This is justified when the property owner can
document on the basis of health, safety or financial reasons that
remaining in the property poses an undue hardship compared to others.
    (ii) Protective acquisition is done to prevent imminent development
of a parcel that may be needed for a proposed transportation corridor
or site. Documentation must clearly demonstrate that development of the
land would preclude future transportation use and that such development
is imminent. Advance acquisition is not permitted for the sole purpose
of reducing the cost of property for a proposed project.
    (13) Actions described in paragraphs (c)(26), (c)(27), and (c)(28)
of this section that do not meet the constraints in paragraph (e) of
this section.
    (e) Actions described in (c)(26), (c)(27), and (c)(28) of this
section may not be processed as CEs under paragraph (c) if they
involve:
    (1) An acquisition of more than a minor amount of right-of-way or
that would result in any residential or non-residential displacements;
    (2) An action that needs a bridge permit from the U.S. Coast Guard,
or an action that does not meet the terms and conditions of a U.S. Army
Corps of Engineers nationwide or general permit under section 404 of
the Clean Water Act and/or section 10 of the Rivers and Harbors Act of
1899;
    (3) A finding of ``adverse effect'' to historic properties under
the National Historic Preservation Act, the use of a resource protected
under 23 U.S.C. 138 or 49 U.S.C. 303 (section 4(f)) except for actions
resulting in de minimis impacts, or a finding of ``may affect, likely
to adversely affect'' threatened or endangered species or critical
habitat under the Endangered Species Act;
    (4) Construction of temporary access or the closure of existing
road, bridge, or ramps that would result in major traffic disruptions;
    (5) Changes in access control;
    (6) A floodplain encroachment other than functionally dependent
uses (e.g., bridges, wetlands) or actions that facilitate open space
use (e.g., recreational trails, bicycle and pedestrian paths); or
construction activities in, across or adjacent to a river component
designated or proposed for inclusion in the National System of Wild and
Scenic Rivers.
    (f) Where a pattern emerges of granting CE status for a particular
type of action, the FHWA will initiate rulemaking proposing to add this
type of action to the list of categorical exclusions in paragraph (c)
or (d) of this section, as appropriate.
    (g) FHWA may enter into programmatic agreements with a State to
allow a State DOT to make a NEPA CE certification or determination and
approval on FHWA's behalf, for CEs specifically listed in paragraphs
(c) and (d) of this section and that meet the criteria for a CE under
40 CFR 1508.4, and are identified in the programmatic agreement. Such
agreements must be subject to the following conditions:
    (1) The agreement must set forth the State DOT's responsibilities
for making CE determinations, documenting the determinations, and
achieving acceptable quality control and quality assurance;
    (2) The agreement may not have a term of more than five years, but
may be renewed;
    (3) The agreement must provide for FHWA's monitoring of the State
DOT's compliance with the terms of the agreement and for the State
DOT's execution of any needed corrective action. FHWA must take into
account the State DOT's performance when considering renewal of the
programmatic CE agreement; and
    (4) The agreement must include stipulations for amendment,
termination, and public availability of the agreement once it has been
executed.
    (h) Any action qualifying as a CE under Sec.  771.116 or Sec.
771.118 may be approved by FHWA when the applicable requirements of
those sections have been met. FHWA may consult with FRA or FTA to
ensure the CE is applicable to the proposed action.

Sec.  771.118   FTA categorical exclusions.

    (a) CEs are actions that meet the definition contained in 40 CFR
1508.4, and, based on FTA's past experience with similar actions, do
not involve significant environmental impacts. They are actions that:
Do not induce significant impacts to planned growth or land use for the
area; do not require the relocation of significant numbers of people;
do not have a significant impact on any natural, cultural,
recreational, historic or other resource; do not involve significant
air, noise, or water quality impacts; do not have significant impacts
on travel patterns; or do not otherwise, either individually or
cumulatively, have any significant environmental impacts.
    (b) Any action that normally would be classified as a CE but could
involve unusual circumstances will require FTA, in cooperation with the
applicant, to conduct appropriate environmental

studies to determine if the CE classification is proper. Such unusual
circumstances include:
    (1) Significant environmental impacts;
    (2) Substantial controversy on environmental grounds;
    (3) Significant impact on properties protected by Section 4(f)
requirements or Section 106 of the National Historic Preservation Act;
or
    (4) Inconsistencies with any Federal, State, or local law,
requirement or administrative determination relating to the
environmental aspects of the action.
    (c) Actions that FTA determines fall within the following
categories of FTA CEs and that meet the criteria for CEs in the CEQ
regulation (40 CFR 1508.4) and paragraph (a) of this section normally
do not require any further NEPA approvals by FTA.
    (1) Acquisition, installation, operation, evaluation, replacement,
and improvement of discrete utilities and similar appurtenances
(existing and new) within or adjacent to existing transportation right-
of-way, such as: Utility poles, underground wiring, cables, and
information systems; and power substations and utility transfer
stations.
    (2) Acquisition, construction, maintenance, rehabilitation, and
improvement or limited expansion of stand-alone recreation, pedestrian,
or bicycle facilities, such as: A multiuse pathway, lane, trail, or
pedestrian bridge; and transit plaza amenities.
    (3) Activities designed to mitigate environmental harm that cause
no harm themselves or to maintain and enhance environmental quality and
site aesthetics, and employ construction best management practices,
such as: Noise mitigation activities; rehabilitation of public
transportation buildings, structures, or facilities; retrofitting for
energy or other resource conservation; and landscaping or re-
vegetation.
    (4) Planning and administrative activities that do not involve or
lead directly to construction, such as: Training, technical assistance
and research; promulgation of rules, regulations, directives, or
program guidance; approval of project concepts; engineering; and
operating assistance to transit authorities to continue existing
service or increase service to meet routine demand.
    (5) Activities, including repairs, replacements, and
rehabilitations, designed to promote transportation safety, security,
accessibility and effective communication within or adjacent to
existing right-of-way, such as: The deployment of Intelligent
Transportation Systems and components; installation and improvement of
safety and communications equipment, including hazard elimination and
mitigation; installation of passenger amenities and traffic signals;
and retrofitting existing transportation vehicles, facilities or
structures, or upgrading to current standards.
    (6) Acquisition or transfer of an interest in real property that is
not within or adjacent to recognized environmentally sensitive areas
(e.g., wetlands, non-urban parks, wildlife management areas) and does
not result in a substantial change in the functional use of the
property or in substantial displacements, such as: Acquisition for
scenic easements or historic sites for the purpose of preserving the
site. This CE extends only to acquisitions and transfers that will not
limit the evaluation of alternatives for future FTA-assisted projects
that make use of the acquired or transferred property.
    (7) Acquisition, installation, rehabilitation, replacement, and
maintenance of vehicles or equipment, within or accommodated by
existing facilities, that does not result in a change in functional use
of the facilities, such as: equipment to be located within existing
facilities and with no substantial off-site impacts; and vehicles,
including buses, rail cars, trolley cars, ferry boats and people movers
that can be accommodated by existing facilities or by new facilities
that qualify for a categorical exclusion.
    (8) Maintenance, rehabilitation, and reconstruction of facilities
that occupy substantially the same geographic footprint and do not
result in a change in functional use, such as: Improvements to bridges,
tunnels, storage yards, buildings, stations, and terminals;
construction of platform extensions, passing track, and retaining
walls; and improvements to tracks and railbeds.
    (9) Assembly or construction of facilities that is consistent with
existing land use and zoning requirements (including floodplain
regulations) and uses primarily land disturbed for transportation use,
such as: Buildings and associated structures; bus transfer stations or
intermodal centers; busways and streetcar lines or other transit
investments within areas of the right-of-way occupied by the physical
footprint of the existing facility or otherwise maintained or used for
transportation operations; and parking facilities.
    (10) Development of facilities for transit and non-transit
purposes, located on, above, or adjacent to existing transit
facilities, that are not part of a larger transportation project and do
not substantially enlarge such facilities, such as: Police facilities,
daycare facilities, public service facilities, amenities, and
commercial, retail, and residential development.
    (11) The following actions for transportation facilities damaged by
an incident resulting in an emergency declared by the Governor of the
State and concurred in by the Secretary, or a disaster or emergency
declared by the President pursuant to the Robert T. Stafford Act (42
U.S.C. 5121):
    (i) Emergency repairs under 49 U.S.C. 5324; and
    (ii) The repair, reconstruction, restoration, retrofitting, or
replacement of any road, highway, bridge, tunnel, or transit facility
(such as a ferry dock or bus transfer station), including ancillary
transportation facilities (such as pedestrian/bicycle paths and bike
lanes), that is in operation or under construction when damaged and the
action:
    (A) Occurs within the existing right-of-way and in a manner that
substantially conforms to the preexisting design, function, and
location as the original (which may include upgrades to meet existing
codes and standards as well as upgrades warranted to address conditions
that have changed since the original construction); and
    (B) Is commenced within a 2-year period beginning on the date of
the declaration.
    (12) Projects, as defined in 23 U.S.C. 101, that would take place
entirely within the existing operational right-of-way. Existing
operational right-of-way means all real property interests acquired for
the construction, operation, or mitigation of a project. This area
includes the features associated with the physical footprint of the
project including but not limited to the roadway, bridges,
interchanges, culverts, drainage, clear zone, traffic control signage,
landscaping, and any rest areas with direct access to a controlled
access highway. This also includes fixed guideways, mitigation areas,
areas maintained or used for safety and security of a transportation
facility, parking facilities with direct access to an existing
transportation facility, transportation power substations,
transportation venting structures, and transportation maintenance
facilities.
    (13) Federally funded projects:
    (i) That receive less than $5,000,000 (as adjusted annually by the
Secretary to reflect any increases in the Consumer Price Index prepared
by the Department of Labor, see www.fhwa.dot.gov or www.fta.dot.gov) of
Federal funds; or

    (ii) With a total estimated cost of not more than $30,000,000 (as
adjusted annually by the Secretary to reflect any increases in the
Consumer Price Index prepared by the Department of Labor, see
www.fhwa.dot.gov or www.fta.dot.gov) and Federal funds comprising less
than 15 percent of the total estimated project cost.
    (14) Bridge removal and bridge removal related activities, such as
in-channel work, disposal of materials and debris in accordance with
applicable regulations, and transportation facility realignment.
    (15) Preventative maintenance, including safety treatments, to
culverts and channels within and adjacent to transportation right-of-
way to prevent damage to the transportation facility and adjoining
property, plus any necessary channel work, such as restoring,
replacing, reconstructing, and rehabilitating culverts and drainage
pipes; and, expanding existing culverts and drainage pipes.
    (16) Localized geotechnical and other investigations to provide
information for preliminary design and for environmental analyses and
permitting purposes, such as drilling test bores for soil sampling;
archeological investigations for archeology resources assessment or
similar survey; and wetland surveys.
    (d) Additional actions that meet the criteria for a CE in the CEQ
regulations (40 CFR 1508.4) and paragraph (a) of this section may be
designated as CEs only after FTA approval. The applicant must submit
documentation that demonstrates that the specific conditions or
criteria for these CEs are satisfied and that significant environmental
effects will not result. Examples of such actions include but are not
limited to:
    (1) Modernization of a highway by resurfacing, restoring,
rehabilitating, or reconstructing shoulders or auxiliary lanes (e.g.,
lanes for parking, weaving, turning, climbing).
    (2) Bridge replacement or the construction of grade separation to
replace existing at-grade railroad crossings.
    (3) Acquisition of land for hardship or protective purposes.
Hardship and protective buying will be permitted only for a particular
parcel or a limited number of parcels. These types of land acquisition
qualify for a CE only where the acquisition will not limit the
evaluation of alternatives, including shifts in alignment for planned
construction projects, which may be required in the NEPA process. No
project development on such land may proceed until the NEPA process has
been completed.
    (i) Hardship acquisition is early acquisition of property by the
applicant at the property owner's request to alleviate particular
hardship to the owner, in contrast to others, because of an inability
to sell his property. This is justified when the property owner can
document on the basis of health, safety or financial reasons that
remaining in the property poses an undue hardship compared to others.
    (ii) Protective acquisition is done to prevent imminent development
of a parcel that may be needed for a proposed transportation corridor
or site. Documentation must clearly demonstrate that development of the
land would preclude future transportation use and that such development
is imminent. Advance acquisition is not permitted for the sole purpose
of reducing the cost of property for a proposed project.
    (4) Acquisition of right-of-way. No project development on the
acquired right-of-way may proceed until the NEPA process for such
project development, including the consideration of alternatives, has
been completed.
    (5) [Reserved]
    (6) Facility modernization through construction or replacement of
existing components.
    (7) Minor transportation facility realignment for rail safety
reasons, such as improving vertical and horizontal alignment of
railroad crossings, and improving sight distance at railroad crossings.
    (8) Modernization or minor expansions of transit structures and
facilities outside existing right-of-way, such as bridges, stations, or
rail yards.
    (e) Any action qualifying as a CE under Sec.  771.116 or Sec.
771.117 may be approved by FTA when the applicable requirements of
those sections have been met. FTA may consult with FHWA or FRA to
ensure the CE is applicable to the proposed action.
    (f) Where a pattern emerges of granting CE status for a particular
type of action, FTA will initiate rulemaking proposing to add this type
of action to the appropriate list of categorical exclusions in this
section.

Sec.  771.119   Environmental assessments.

    (a)(1) The applicant must prepare an EA in consultation with the
Administration for each action that is not a CE and does not clearly
require the preparation of an EIS, or where the Administration
concludes an EA would assist in determining the need for an EIS.
    (2) When FTA or the applicant, as joint lead agency, select a
contractor to prepare the EA, then the contractor must execute an FTA
conflict of interest disclosure statement. The statement must be
maintained in the FTA Regional Office and with the applicant. The
contractor's scope of work for the preparation of the EA should not be
finalized until the early coordination activities or scoping process
found in paragraph (b) of this section is completed (including FTA
approval, in consultation with the applicant, of the scope of the EA
content).
    (3) When FRA or the applicant, as joint lead agency, select a
contractor to prepare the EA, then the contractor must execute an FRA
conflict of interest disclosure statement. In the absence of an
applicant, FRA may require private project sponsors to provide a third-
party contractor to prepare the EA as described in 771.109(e).
    (b) For actions that require an EA, the applicant, in consultation
with the Administration, must, at the earliest appropriate time, begin
consultation with interested agencies and others to advise them of the
scope of the project and to achieve the following objectives: Determine
which aspects of the proposed action have potential for social,
economic, or environmental impact; identify alternatives and measures
that might mitigate adverse environmental impacts; and identify other
environmental review and consultation requirements that should be
performed concurrently with the EA. The applicant must accomplish this
through early coordination activities or through a scoping process. The
applicant must summarize the public involvement process and include the
results of agency coordination in the EA.
    (c) The Administration must approve the EA before it is made
available to the public as an Administration document.
    (d) The applicant does not need to circulate the EA for comment,
but the document must be made available for public inspection at the
applicant's office and at the appropriate Administration field offices
or, for FRA at Headquarters, for 30 days and in accordance with
paragraphs (e) and (f) of this section. The applicant must send the
notice of availability of the EA, which briefly describes the action
and its impacts, to the affected units of Federal, Tribal, State and
local government. The applicant must also send notice to the State
intergovernmental review contacts established under Executive Order
12372. To minimize hardcopy requests and printing costs, the
Administration

encourages the use of project websites or other publicly accessible
electronic means to make the EA available.
    (e) When a public hearing is held as part of the environmental
review process for an action, the EA must be available at the public
hearing and for a minimum of 15 days in advance of the public hearing.
The applicant must publish a notice of the public hearing in local
newspapers that announces the availability of the EA and where it may
be obtained or reviewed. Any comments must be submitted in writing to
the applicant or the Administration during the 30-day availability
period of the EA unless the Administration determines, for good cause,
that a different period is warranted. Public hearing requirements are
as described in Sec.  771.111.
    (f) When a public hearing is not held, the applicant must place a
notice in a newspaper(s) similar to a public hearing notice and at a
similar stage of development of the action, advising the public of the
availability of the EA and where information concerning the action may
be obtained. The notice must invite comments from all interested
parties. Any comments must be submitted in writing to the applicant or
the Administration during the 30-day availability period of the EA
unless the Administration determines, for good cause, that a different
period is warranted.
    (g) If no significant impacts are identified, the applicant must
furnish the Administration a copy of the revised EA, as appropriate;
the public hearing transcript, where applicable; copies of any comments
received and responses thereto; and recommend a FONSI. The EA should
also document compliance, to the extent possible, with all applicable
environmental laws and executive orders, or provide reasonable
assurance that their requirements can be met.
    (h) When the FHWA expects to issue a FONSI for an action described
in Sec.  771.115(a), copies of the EA must be made available for public
review (including the affected units of government) for a minimum of 30
days before the FHWA makes its final decision (See 40 CFR
1501.4(e)(2)). This public availability must be announced by a notice
similar to a public hearing notice.
    (i) If, at any point in the EA process, the Administration
determines that the action is likely to have a significant impact on
the environment, the preparation of an EIS will be required.
    (j) If the Administration decides to apply 23 U.S.C. 139 to an
action involving an EA, then the EA must be prepared in accordance with
the applicable provisions of that statute.

Sec.  771.121   Findings of no significant impact.

    (a) The Administration will review the EA, comments submitted on
the EA (in writing or at a public hearing or meeting), and other
supporting documentation, as appropriate. If the Administration agrees
with the applicant's recommendations pursuant to Sec.  771.119(g), it
will issue a separate written FONSI incorporating by reference the EA
and any other appropriate environmental documents.
    (b) After the Administration issues a FONSI, a notice of
availability of the FONSI must be sent by the applicant to the affected
units of Federal, State and local government, and the document must be
available from the applicant and the Administration upon request by the
public. Notice must also be sent to the State intergovernmental review
contacts established under Executive Order 12372. To minimize hardcopy
requests and printing costs, the Administration encourages the use of
project websites or other publicly accessible electronic means to make
the FONSI available.
    (c) If another Federal agency has issued a FONSI on an action that
includes an element proposed for Administration funding or approval,
the Administration will evaluate the other agency's EA/FONSI. If the
Administration determines that this element of the project and its
environmental impacts have been adequately identified and assessed and
concurs in the decision to issue a FONSI, the Administration will issue
its own FONSI incorporating the other agency's EA/FONSI. If
environmental issues have not been adequately identified and assessed,
the Administration will require appropriate environmental studies.

Sec.  771.123   Draft environmental impact statements.

    (a) A draft EIS must be prepared when the Administration determines
that the action is likely to cause significant impacts on the
environment. When the applicant, after consultation with any project
sponsor that is not the applicant, has notified the Administration in
accordance with 23 U.S.C. 139(e), and the decision has been made by the
Administration to prepare an EIS, the Administration will issue a
notice of intent (40 CFR 1508.22) for publication in the Federal
Register. Applicants are encouraged to announce the intent to prepare
an EIS by appropriate means at the State or local level.
    (b)(1) After publication of the notice of intent, the lead
agencies, in cooperation with the applicant (if not a lead agency),
will begin a scoping process that may take into account any planning
work already accomplished, in accordance with 23 CFR 450.212, 450.318,
23 CFR part 450 Appendix A, or any applicable provisions of the CEQ
regulations at 40 CFR parts 1500-1508. The scoping process will be used
to identify the purpose and need, the range of alternatives and
impacts, and the significant issues to be addressed in the EIS and to
achieve the other objectives of 40 CFR 1501.7. Scoping is normally
achieved through public and agency involvement procedures required by
Sec.  771.111. If a scoping meeting is to be held, it should be
announced in the Administration's notice of intent and by appropriate
means at the State or local level.
    (2) The lead agencies must establish a coordination plan, including
a schedule, within 90 days of notice of intent publication.
    (c) The draft EIS must be prepared by the lead agencies, in
cooperation with the applicant (if not a lead agency). The draft EIS
must evaluate all reasonable alternatives to the action and document
the reasons why other alternatives, which may have been considered,
were eliminated from detailed study. The range of alternatives
considered for further study must be used for all Federal environmental
reviews and permit processes, to the maximum extent practicable and
consistent with Federal law, unless the lead and participating agencies
agree to modify the alternatives in order to address significant new
information and circumstances or to fulfill NEPA responsibilities in a
timely manner, in accordance with 23 U.S.C. 139(f)(4)(B). The draft EIS
must also summarize the studies, reviews, consultations, and
coordination required by environmental laws or executive orders to the
extent appropriate at this stage in the environmental process.
    (d) Any of the lead agencies may select a consultant to assist in
the preparation of an EIS in accordance with applicable contracting
procedures and with 40 CFR 1506.5(c). When FTA or the applicant, as
joint lead agency, select a contractor to prepare the EIS, then the
contractor must execute an FTA conflict of interest disclosure
statement. The statement must be maintained in the FTA Regional Office
and with the applicant. The contractor's scope of work for the
preparation of the EIS will not be finalized until the early
coordination activities or scoping process found in paragraph (b) of
this

section is completed (including FTA approval, in consultation with the
applicant, of the scope of the EIS content). When FRA or the applicant,
as joint lead agency, select a contractor to prepare the EIS, then the
contractor must execute an FRA conflict of interest disclosure
statement.
    (e) The draft EIS should identify the preferred alternative to the
extent practicable. If the draft EIS does not identify the preferred
alternative, the Administration should provide agencies and the public
with an opportunity after issuance of the draft EIS to review the
impacts of the preferred alternative.
    (f) At the discretion of the lead agency, the preferred alternative
(or portion thereof) for a project, after being identified, may be
developed to a higher level of detail than other alternatives in order
to facilitate the development of mitigation measures or compliance with
other legal requirements, including permitting. The development of such
higher level of detail must not prevent the lead agency from making an
impartial decision as to whether to accept another alternative that is
being considered in the environmental review process.\3\
---------------------------------------------------------------------------

    \3\ FHWA Order 6640.1A clarifies the Federal Highway
Administration's (FHWA) policy regarding the permissible project
related activities that may be advanced prior to the conclusion of
the NEPA process.
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    (g) The Administration, when satisfied that the draft EIS complies
with NEPA requirements, will approve the draft EIS for circulation by
signing and dating the cover sheet. The cover sheet should include a
notice that after circulation of the draft EIS and consideration of the
comments received, the Administration will issue a combined final EIS/
ROD document unless statutory criteria or practicability considerations
preclude issuance of the combined document.
    (h) A lead, joint lead, or a cooperating agency must be responsible
for publication and distribution of the EIS. Normally, copies will be
furnished free of charge. However, with Administration concurrence, the
party requesting the draft EIS may be charged a fee that is not more
than the actual cost of reproducing the copy or may be directed to the
nearest location where the statement may be reviewed. To minimize
hardcopy requests and printing costs, the Administration encourages the
use of project websites or other publicly accessible electronic means
to make the draft EIS available.
    (i) The applicant, on behalf of the Administration, must circulate
the draft EIS for comment. The draft EIS must be made available to the
public and transmitted to agencies for comment no later than the time
the document is filed with the Environmental Protection Agency in
accordance with 40 CFR 1506.9. The draft EIS must be transmitted to:
    (1) Public officials, interest groups, and members of the public
known to have an interest in the proposed action or the draft EIS;
    (2) Cooperating and participating agencies. The draft EIS must also
be transmitted directly to appropriate State and local agencies, and to
the State intergovernmental review contacts established under Executive
Order 12372; and
    (3) States and Federal land management entities that may be
significantly affected by the proposed action or any of the
alternatives. These transmittals must be accompanied by a request that
such State or entity advise the Administration in writing of any
disagreement with the evaluation of impacts in the statement. The
Administration will furnish the comments received to the applicant
along with a written assessment of any disagreements for incorporation
into the final EIS.
    (j) When a public hearing on the draft EIS is held (if required by
Sec.  771.111), the draft EIS must be available at the public hearing
and for a minimum of 15 days in advance of the public hearing. The
availability of the draft EIS must be mentioned, and public comments
requested, in any public hearing notice and at any public hearing
presentation. If a public hearing on an action proposed for FHWA
funding is not held, a notice must be placed in a newspaper similar to
a public hearing notice advising where the draft EIS is available for
review, how copies may be obtained, and where the comments should be
sent.
    (k) The Federal Register public availability notice (40 CFR
1506.10) must establish a period of not fewer than 45 days nor more
than 60 days for the return of comments on the draft EIS unless a
different period is established in accordance with 23 U.S.C.
139(g)(2)(A). The notice and the draft EIS transmittal letter must
identify where comments are to be sent.

Sec.  771.124   Final environmental impact statement/record of decision
document.

    (a)(1) After circulation of a draft EIS and consideration of
comments received, the lead agencies, in cooperation with the applicant
(if not a lead agency), must combine the final EIS and ROD, to the
maximum extent practicable, unless:
    (i) The final EIS makes substantial changes to the proposed action
that are relevant to environmental or safety concerns; or
    (ii) There are significant new circumstances or information
relevant to environmental concerns that bear on the proposed action or
the impacts of the proposed action.
    (2) When the combined final EIS/ROD is a single document, it must
include the content of a final EIS presented in Sec.  771.125 and
present the basis for the decision as specified in 40 CFR 1505.2,
summarize any mitigation measures that will be incorporated in the
project, and document any required Section 4(f) approval in accordance
with part 774 of this chapter.
    (3) If the comments on the draft EIS are minor and confined to
factual corrections or explanations that do not warrant additional
agency response, an errata sheet may be attached to the draft statement
pursuant to 23 U.S.C. 139(n)(1) and 40 CFR 1503.4(c), which together
must then become the combined final EIS/ROD.
    (4) A combined final EIS/ROD will be reviewed for legal sufficiency
prior to issuance by the Administration.
    (5) The Administration must indicate approval of the combined final
EIS/ROD by signing the document. The provision on Administration's
Headquarters prior concurrence in Sec.  771.125(c) applies to the
combined final EIS/ROD.
    (b) The Federal Register public availability notice published by
EPA (40 CFR 1506.10) will not establish a waiting period or a period of
time for the return of comments on a combined final EIS/ROD. When filed
with EPA, the combined final EIS/ROD must be available at the
applicant's offices and at appropriate Administration offices. A copy
should also be made available at institutions such as local government
offices, libraries, and schools, as appropriate. To minimize hardcopy
requests and printing costs, the Administration encourages the use of
project websites or other publicly accessible electronic means to make
the combined final EIS/ROD available.

Sec.  771.125   Final environmental impact statements.

    (a)(1) After circulation of a draft EIS and consideration of
comments received, a final EIS must be prepared by the lead agencies,
in cooperation with the applicant (if not a lead agency). The final EIS
must identify the preferred alternative and evaluate all reasonable
alternatives considered. It must also discuss substantive comments
received on the draft EIS and responses thereto, summarize public
involvement, and

describe the mitigation measures that are to be incorporated into the
proposed action. Mitigation measures presented as commitments in the
final EIS will be incorporated into the project as specified in
paragraphs (b) and (d) of Sec.  771.109. The final EIS should also
document compliance, to the extent possible, with all applicable
environmental laws and executive orders, or provide reasonable
assurance that their requirements can be met.
    (2) Every reasonable effort must be made to resolve interagency
disagreements on actions before processing the final EIS. If
significant issues remain unresolved, the final EIS must identify those
issues and the consultations and other efforts made to resolve them.
    (b) The final EIS will be reviewed for legal sufficiency prior to
Administration approval.
    (c) The Administration will indicate approval of the EIS for an
action by signing and dating the cover page. Final EISs prepared for
actions in the following categories will be submitted to the
Administration's Headquarters for prior concurrence:
    (1) Any action for which the Administration determines that the
final EIS should be reviewed at the Headquarters office. This would
typically occur when the Headquarters office determines that:
    (i) Additional coordination with other Federal, State or local
governmental agencies is needed;
    (ii) The social, economic, or environmental impacts of the action
may need to be more fully explored;
    (iii) The impacts of the proposed action are unusually great; (iv)
major issues remain unresolved; or
    (iv) The action involves national policy issues.
    (2) Any action to which a Federal, State or local government agency
has indicated opposition on environmental grounds (which has not been
resolved to the written satisfaction of the objecting agency).
    (d) Approval of the final EIS is not an Administration action as
defined in Sec.  771.107 and does not commit the Administration to
approve any future request for financial assistance to fund the
preferred alternative.
    (e) The initial publication of the final EIS must be in sufficient
quantity to meet the request for copies that can be reasonably expected
from agencies, organizations, and individuals. Normally, copies will be
furnished free of charge. However, with Administration concurrence, the
party requesting the final EIS may be charged a fee that is not more
than the actual cost of reproducing the copy or may be directed to the
nearest location where the statement may be reviewed.
    (f) The final EIS must be transmitted to any persons,
organizations, or agencies that made substantive comments on the draft
EIS or requested a copy, no later than the time the document is filed
with EPA. In the case of lengthy documents, the agency may provide
alternative circulation processes in accordance with 40 CFR 1502.19.
The applicant must also publish a notice of availability in local
newspapers and make the final EIS available through the mechanism
established pursuant to DOT Order 4600.13, which implements Executive
Order 12372. When filed with EPA, the final EIS must be available for
public review at the applicant's offices and at appropriate
Administration offices. A copy should also be made available for public
review at institutions such as local government offices, libraries, and
schools, as appropriate. To minimize hardcopy requests and printing
costs, the Administration encourages the use of project websites or
other publicly accessible electronic means to make the final EIS
available.
    (g) The final EIS may take the form of an errata sheet pursuant to
23 U.S.C. 139(n)(1) and 40 CFR 1503.4(c).

Sec.  771.127   Record of decision.

    (a) When the final EIS is not combined with the ROD, the
Administration will complete and sign a ROD no sooner than 30 days
after publication of the final EIS notice in the Federal Register or 90
days after publication of a notice for the draft EIS, whichever is
later. The ROD will present the basis for the decision as specified in
40 CFR 1505.2, summarize any mitigation measures that will be
incorporated in the project, and document any required Section 4(f)
approval in accordance with part 774 of this chapter. To minimize
hardcopy requests and printing costs, the Administration encourages the
use of project websites or other publicly accessible electronic means
to make the ROD available.
    (b) If the Administration subsequently wishes to approve an
alternative that was not identified as the preferred alternative but
was fully evaluated in the draft EIS, combined FEIS/ROD, or final EIS,
or proposes to make substantial changes to the mitigation measures or
findings discussed in the ROD, a revised or amended ROD must be subject
to review by those Administration offices that reviewed the final EIS
under Sec.  771.124(a) or Sec.  771.125(c). To the extent practicable,
the approved revised or amended ROD must be provided to all persons,
organizations, and agencies that received a copy of the final EIS.

Sec.  771.129  Re-evaluations.

    The Administration must determine, prior to granting any new
approval related to an action or amending any previously approved
aspect of an action, including mitigation commitments, whether an
approved environmental document remains valid as described in this
section.
    (a) The applicant must prepare a written evaluation of the draft
EIS, in cooperation with the Administration, if an acceptable final EIS
is not submitted to the Administration within three years from the date
of the draft EIS circulation. The purpose of this evaluation is to
determine whether or not a supplement to the draft EIS or a new draft
EIS is needed.
    (b) The applicant must prepare a written evaluation of the final
EIS before the Administration may grant further approvals if major
steps to advance the action (e.g., authority to undertake final design,
authority to acquire a significant portion of the right-of-way, or
approval of the plans, specifications and estimates) have not occurred
within three years after the approval of the final EIS, final EIS
supplement, or the last major Administration approval or grant.
    (c) After the Administration issues a combined final EIS/ROD, ROD,
FONSI, or CE designation, the applicant must consult with the
Administration prior to requesting any major approvals or grants to
establish whether or not the approved environmental document or CE
designation remains valid for the requested Administration action.
These consultations will be documented when determined necessary by the
Administration.

Sec.  771.130  Supplemental environmental impact statements.

    (a) A draft EIS, final EIS, or supplemental EIS may be supplemented
at any time. An EIS must be supplemented whenever the Administration
determines that:
    (1) Changes to the proposed action would result in significant
environmental impacts that were not evaluated in the EIS; or
    (2) New information or circumstances relevant to environmental
concerns and bearing on the proposed action or its impacts would result
in significant environmental impacts not evaluated in the EIS.
    (b) However, a supplemental EIS will not be necessary where:
    (1) The changes to the proposed action, new information, or new

circumstances result in a lessening of adverse environmental impacts
evaluated in the EIS without causing other environmental impacts that
are significant and were not evaluated in the EIS; or
    (2) The Administration decides to approve an alternative fully
evaluated in an approved final EIS but not identified as the preferred
alternative. In such a case, a revised ROD must be prepared and
circulated in accordance with Sec.  771.127(b).
    (c) Where the Administration is uncertain of the significance of
the new impacts, the applicant will develop appropriate environmental
studies or, if the Administration deems appropriate, an EA to assess
the impacts of the changes, new information, or new circumstances. If,
based upon the studies, the Administration determines that a
supplemental EIS is not necessary, the Administration must so indicate
in the project file.
    (d) A supplement is to be developed using the same process and
format (i.e., draft EIS, final EIS, and ROD) as an original EIS, except
that scoping is not required.
    (e) In some cases, an EA or supplemental EIS may be required to
address issues of limited scope, such as the extent of proposed
mitigation or the evaluation of location or design variations for a
limited portion of the overall project. Where this is the case, the
preparation of a supplemental document must not necessarily:
    (1) Prevent the granting of new approvals;
    (2) Require the withdrawal of previous approvals; or
    (3) Require the suspension of project activities, for any activity
not directly affected by the supplement. If the changes in question are
of such magnitude to require a reassessment of the entire action, or
more than a limited portion of the overall action, the Administration
must suspend any activities that would have an adverse environmental
impact or limit the choice of reasonable alternatives, until the
supplemental document is completed.

Sec.  771.131   Emergency action procedures.

    Responses to some emergencies and disasters are categorically
excluded under Sec.  771.117 for FHWA, Sec.  771.118 for FTA, or Sec.
771.116 for FRA. Otherwise, requests for deviations from the procedures
in this part because of emergency circumstances (40 CFR 1506.11) must
be referred to the Administration's Headquarters for evaluation and
decision after consultation with CEQ.

Sec.  771.133   Compliance with other requirements.

    (a) The combined final EIS/ROD, final EIS or FONSI should document
compliance with requirements of all applicable environmental laws,
executive orders, and other related requirements. If full compliance is
not possible by the time the combined final EIS/ROD, final EIS or FONSI
is prepared, the combined final EIS/ROD, final EIS or FONSI should
reflect consultation with the appropriate agencies and provide
reasonable assurance that the requirements will be met. Approval of the
environmental document constitutes adoption of any Administration
findings and determinations that are contained therein. The FHWA's
approval of an environmental document constitutes its finding of
compliance with the report requirements of 23 U.S.C. 128.
    (b) In consultation with the Administration and subject to
Administration approval, an applicant may develop a programmatic
approach for compliance with the requirements of any law, regulation,
or executive order applicable to the project development process.

Sec.  771.137   International actions.

    (a) The requirements of this part apply to:
    (1) Administration actions significantly affecting the environment
of a foreign nation not participating in the action or not otherwise
involved in the action.
    (2) Administration actions outside the U.S., its territories, and
possessions that significantly affect natural resources of global
importance designated for protection by the President or by
international agreement.
    (b) If communication with a foreign government concerning
environmental studies or documentation is anticipated, the
Administration must coordinate such communication with the Department
of State through the Office of the Secretary of Transportation.

Sec.  771.139   Limitations on actions.

    Notices announcing decisions by the Administration or by other
Federal agencies on a transportation project may be published in the
Federal Register indicating that such decisions are final within the
meaning of 23 U.S.C. 139(l). Claims arising under Federal law seeking
judicial review of any such decisions are time barred unless filed
within 150 days after the date of publication of the limitations on
claims notice by FHWA or FTA. Claims arising under Federal law seeking
judicial review of any such decisions are time barred unless filed
within 2 years after the date of publication of the limitations on
claims notice by FRA. These time periods do not lengthen any shorter
time period for seeking judicial review that otherwise is established
by the Federal law under which judicial review is allowed.\4\ This
provision does not create any right of judicial review or place any
limit on filing a claim that a person has violated the terms of a
permit, license, or approval.
---------------------------------------------------------------------------

    \4\ The FHWA published a detailed discussion of the Department's
interpretation of 23 U.S.C. 139(l), together with information
applicable to FHWA projects about implementation procedures for 23
U.S.C. 139(l), in appendix E to the ``SAFETEA-LU Environmental
Review Process: Final Guidance,'' dated November 15, 2006. The
implementation procedures in appendix E apply only to FHWA projects.
The section 6002 guidance, including appendix E, is available at
http://www.fhwa.dot.gov/, or in hard copy by request.
---------------------------------------------------------------------------

PART 774--PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL REFUGES,
AND HISTORIC SITES (SECTION 4(f))

0
2. Revise the authority citation for part 774 to read as follows:

    Authority:  23 U.S.C. 103(c), 109(h), 138, 325, 326, 327 and
204(h)(2); 49 U.S.C. 303; Section 6009 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Pub. L. 109-59, Aug. 10, 2005, 119 Stat. 1144); 49 CFR 1.81 and
1.91; and, Pub. L. 114-94, 129 Stat. 1312, Sections 1303 and 11502.

0
3. Amend Sec.  774.3 by revising footnote 1 to read as follows:

Sec.  774.3  Section 4(f) approvals.

* * * * *
    \1\ FHWA Section 4(f) Programmatic Evaluations can be found at
www.environment.fhwa.dot.gov/4f/4fnationwideevals.asp.
* * * * *

0
4. Amend Sec.  774.11 by revising paragraph (i) to read as follows:

Sec.  774.11  Applicability.

* * * * *
    (i) When a property is formally reserved for a future
transportation facility before or at the same time a park, recreation
area, or wildlife and waterfowl refuge is established, and concurrent
or joint planning or development of the transportation facility and the
Section 4(f) resource occurs, then any resulting impacts of the
transportation facility will not be considered a use as defined in
Sec.  774.17.
    (1) Formal reservation of a property for a future transportation
use can be demonstrated by a document of public record created prior to
or contemporaneously with the establishment of the park, recreation

area, or wildlife and waterfowl refuge. Examples of an adequate
document to formally reserve a future transportation use include:
    (i) A map of public record that depicts a transportation facility
on the property;
    (ii) A land use or zoning plan depicting a transportation facility
on the property; or
    (iii) A fully executed real estate instrument that references a
future transportation facility on the property.
    (2) Concurrent or joint planning or development can be demonstrated
by a document of public record created after, contemporaneously with,
or prior to the establishment of the Section 4(f) property. Examples of
an adequate document to demonstrate concurrent or joint planning or
development include:
    (i) A document of public record that describes or depicts the
designation or donation of the property for both the potential
transportation facility and the Section 4(f) property; or
    (ii) A map of public record, memorandum, planning document, report,
or correspondence that describes or depicts action taken with respect
to the property by two or more governmental agencies with jurisdiction
for the potential transportation facility and the Section 4(f)
property, in consultation with each other.

0
5. Amend Sec.  774.13 by revising paragraphs (a) and (e), and the
introductory text of paragraph (g), to read as follows:

Sec.  774.13   Exceptions.

* * * * *
    (a) The use of historic transportation facilities in certain
circumstances:
    (1) Common post-1945 concrete or steel bridges and culverts that
are exempt from individual review under 54 U.S.C. 306108.
    (2) Improvement of railroad or rail transit lines that are in use
or were historically used for the transportation of goods or
passengers, including, but not limited to, maintenance, preservation,
rehabilitation, operation, modernization, reconstruction, and
replacement of railroad or rail transit line elements, except for:
    (i) Stations;
    (ii) Bridges or tunnels on railroad lines that have been abandoned,
or transit lines not in use, over which regular service has never
operated, and that have not been railbanked or otherwise reserved for
the transportation of goods or passengers; and
    (iii) Historic sites unrelated to the railroad or rail transit
lines.
    (3) Maintenance, preservation, rehabilitation, operation,
modernization, reconstruction, or replacement of historic
transportation facilities, if the Administration concludes, as a result
of the consultation under 36 CFR 800.5, that:
    (i) Such work will not adversely affect the historic qualities of
the facility that caused it to be on or eligible for the National
Register, or this work achieves compliance with Section 106 through a
program alternative under 36 CFR 800.14; and
    (ii) The official(s) with jurisdiction over the Section 4(f)
resource have not objected to the Administration conclusion that the
proposed work does not adversely affect the historic qualities of the
facility that caused it to be on or eligible for the National Register,
or the Administration concludes this work achieves compliance with 54
U.S.C. 306108 (Section 106) through a program alternative under 36 CFR
800.14.
* * * * *
    (e) Projects for the Federal lands transportation facilities
described in 23 U.S.C. 101(a)(8).
* * * * *
    (g) Transportation enhancement activities, transportation
alternatives projects, and mitigation activities, where:
* * * * *

0
6. Amend Sec.  774.15 by revising paragraph (f)(2) to read as follows:

Sec.  774.15   Constructive use determinations.

* * * * *
    (f) * * *
    (2) For projected noise levels:
    (i) The impact of projected traffic noise levels of the proposed
highway project on a noise-sensitive activity do not exceed the FHWA
noise abatement criteria as contained in Table 1 in part 772 of this
chapter; or
    (ii) The projected operational noise levels of the proposed transit
or railroad project do not exceed the noise impact criteria for a
Section 4(f) activity in the FTA guidelines for transit noise and
vibration impact assessment or the moderate impact criteria in the FRA
guidelines for high-speed transportation noise and vibration impact
assessment;
* * * * *

0
7. Amend Sec.  774.17 by revising the definitions for
``Administration,'' ``CE,'' and ``ROD,'' and adding definitions for
``Railroad or Rail Transit Line Elements'' and ``Stations'' to read as
follows:

Sec.  774.17   Definitions.

* * * * *
    Administration. The FHWA, FRA, or FTA, whichever is approving the
transportation program or project at issue. A reference herein to the
Administration means the State when the State is functioning as the
FHWA, FRA, or FTA in carrying out responsibilities delegated or
assigned to the State in accordance with 23 U.S.C. 325, 326, 327, or
other applicable law.
* * * * *
    CE. Refers to a categorical exclusion, which is an action with no
individual or cumulative significant environmental effect pursuant to
40 CFR 1508.4 and Sec.  771.116, Sec.  771.117, or Sec.  771.118 of
this chapter; unusual circumstances are taken into account in making
categorical exclusion determinations.
* * * * *
    Railroad or rail transit line elements. Railroad or rail transit
line elements include the elements related to the operation of the
railroad or rail transit line, such as the railbed, rails, and track;
tunnels; elevated support structures and bridges; substations; signal
and communication devices; maintenance facilities; and railway-highway
crossings.
    ROD. Refers to a record of decision prepared pursuant to 40 CFR
1505.2 and Sec. Sec.  771.124 or 771.127 of this chapter.
* * * * *
    Station. A station is a platform and the associated building or
structure such as a depot, shelter, or canopy used by intercity or
commuter rail transportation passengers for the purpose of boarding and
alighting a train. A station does not include tracks, railyards, or
electrification, communications or signal systems, or equipment. A
platform alone is not considered a station.
* * * * *

Title 49--Transportation

PART 264--ENVIRONMENTAL IMPACT AND RELATED PROCEDURES

0
8. Revise the authority citation for part 264 to read as follows:

     Authority:  42 U.S.C. 4321 et seq.; 49 U.S.C. 303; 23 U.S.C.
139; 40 CFR parts 1500-1508; 49 CFR 1.81; Pub. L. 112-141, 126 Stat.
405, Section 1319; and Pub. L. 114-94, 129 Stat. 1312, Sections
1432, 11502, and 11503.

0
9. Revise the heading for part 264 to read as set forth above.

0
10. Revise Sec.  264.101 to read as follows:

Sec.  264.101  Cross reference to environmental impact and related
procedures.

    The procedures for complying with the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.), and related statutes,
regulations,

and orders are set forth in part 771 of title 23 of the Code of Federal
Regulations. The procedures for complying with 49 U.S.C. 303, commonly
known as ``Section 4(f),'' are set forth in part 774 of title 23 of the
Code of Federal Regulations. The procedures for complying with the
surface transportation project delivery program application
requirements and termination are set forth in part 773 of title 23 of
the Code of Federal Regulations.

PART 622--ENVIRONMENTAL IMPACT AND RELATED PROCEDURES

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

    Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 303 and 5323(q); 23
U.S.C. 139 and 326; Pub. L. 109-59, 119 Stat. 1144, Sections 6002
and 6010; 40 CFR parts 1500-1508; 49 CFR 1.81; Pub. L. 112-141, 126
Stat. 405, Sections 1315, 1316, 1317, 1318, and 1319; and Pub. L.
114-94, 129 Stat. 1312, Sections 1314 and 1432.

[FR Doc. 2018-23286 Filed 10-26-18; 8:45 am]
 BILLING CODE 4910-22-P


[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Notices]
[Page 19385-19387]
[DOCID:fr14ap10-61]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0042, FRL-9137-4]

Agency Information Collection Activities; Proposed Collection;
Comment Request; National Oil and Hazardous Substances Pollution
Contingency Plans (Renewal); EPA ICR No. 1664.07, OMB Control No. 2050-
0141

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this notice announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on 8/31/2010. Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection as described below.

DATES: Comments must be submitted on or before June 14, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2007-0042, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Superfund Docket, Mailcode: 28221T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Pennsylvania Ave., NW., Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OPA-
2007-0042. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/dockets/.

FOR FURTHER INFORMATION CONTACT: William ``Nick'' Nichols, Office of

Emergency Management, (5104A), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
564-1970; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPA-2007-0042, which is available for online viewing at
www.regulations.gov, or in person viewing at the Docket in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Superfund Docket is<PHONE_NUMBER>. Use
www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action
include, but are not limited to, manufacturers of bioremediation
agents, dispersants, surface collecting agents, surface washing agents
and other chemical agents and biological additives used as
countermeasures against oil spills. Affected private industries can be
expected to fall within the following industrial classifications:
     Manufacturers of industrial inorganic chemicals (SIC 281/
NAICS 325188),
     Manufacturers of industrial organic chemicals (SIC 286/
NAICS 325199), and
     Manufacturers of miscellaneous chemical products (SIC 289/
NAICS 325998).
    Title: National Oil and Hazardous Substances Pollution Contingency
Plans (Renewal)
    ICR numbers: EPA ICR No. 1664.07 OMB Control No. 2050-0141.
    ICR status: This ICR is currently scheduled to expire on 8/31/2010.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract:
    Section 311(d)(2)(G) of the Clean Water Act (CWA), requires a
Product Schedule (the Schedule), identifying ``dispersants, other
chemicals, and other spill mitigating devices and substances, if any,
that may be used in carrying out'' the National Contingency Plan (NCP).
The authority of the President to implement the CWA is currently
delegated to EPA by Executive Order 12777 (56 FR 54757, October 18,
1991). The use of dispersants, other chemical agents, and biological
additives to respond to oil spills in U.S. waters is governed by
Subpart J of the NCP (40 CFR 300.900).
    To place a product on the Schedule, Subpart J requires that a
product manufacturer conduct specific toxicity and effectiveness tests
and submit the corresponding technical product data and other required
information to the EPA Product Schedule Manager in the Office of
Emergency Management (OEM). EPA has established an effectiveness
threshold for listing dispersants (40 CFR 300.920(a)(2)). Only those
dispersants that meet or exceed the established threshold will be
listed on the Schedule. In addition, at 40 CFR 300.915(d), EPA requires
respondents to test bioremediation agents for effectiveness, using the
testing protocol contained in Appendix C to part 300. The
Bioremediation Agent Effectiveness Test is used to compare the
effectiveness of different bioremediation agents. The objective of the
effectiveness testing protocol is to provide empirical laboratory
evidence that evaluates a bioremediation agent's ability to enhance
biodegradation compared to the degradation due to the natural
population of oil degrading microbes.
    Collection and submission to EPA of the toxicity and effectiveness
tests and technical product data is mandatory if a manufacturer wants
to place a product on the Schedule. All information is typically
submitted on paper however, once a company contacts EPA, the Product
Schedule Manager can allow some data and information to be submitted
electronically. At 40 CFR 300.920(c), respondents may assert that
certain information in the technical product data submissions is
confidential business information. EPA will handle such claims pursuant
to the provisions in 40 CFR Part 2, Subpart B. Such information must be
submitted separately from non-confidential information, clearly
identified, and

clearly marked ``Confidential Business Information.'' If the applicant
fails to make such a claim at the time of submittal, EPA may make the
information available to the public without further notice.

Practical Utility/Users of the Data

    EPA places eligible oil spill mitigating agents on the Schedule if
all the required data are submitted. The Schedule is available for use
by On-Scene Coordinators (OSC), Regional Response Teams, and Area
Committees in determining the most appropriate products to use or
prohibit in various spill scenarios. Under 40 CFR 300.910(a), RRTs and
Area Committees are required to address the desirability of using the
products on the Schedule in their Regional Contingency Plans (RCPs) and
Area Contingency Plans (ACPs), respectively. The information collected
from the product manufacturer is needed so that OSCs, RRTs, and Area
Committees can make informed decisions to safely employ chemical/
biological countermeasures to control oil discharges. Correct product
use is critical in emergency situations. Subpart J ensures that OSCs,
RRTs, and Area Committees have necessary data regarding the toxicity,
effectiveness, and other characteristics of different products.
    Burden Statement:
    The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 57 to 122 hours per
response. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
     Estimated total number of potential respondents: 14 per
year.
     Frequency of response: On occasion.
     Estimated total average number of responses for each
respondent: 1 response for each respondent.
     Estimated total annual burden hours: 390 hours.
     Estimated total annual costs: $100,092, this includes an
estimated burden cost of $17,292 and an estimated cost of $82,800 for
capital investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is no change of hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. EPA anticipates the same number of annual burden hours or capital
and O&M costs under this ICR renewal. The only modifications made to
figures in this ICR supporting statement involve updates to the wage
rates associated with respondent and EPA personnel activities. Labor
costs are not reported in the OMB inventory.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: April 7, 2010.
Dana S. Tulis,
Acting Director, Office of Emergency Management.
[FR Doc. 2010-8522 Filed 4-13-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 11, 2007 (Volume 72, Number 132)]
[Notices]
[Page 37745]
[DOCID:fr11jy07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-404-000]

Centerpoint Energy Gas Transmission Company; Notice of Request
Under Blanket Authorization

July 3, 2007.
    Take notice that on June 20, 2007, CenterPoint Energy Gas
Transmission Company (CEGT), 1111 Louisiana Street, Houston, Texas
77002-5231, filed in Docket No. CP07-404-000, a prior notice request
pursuant to sections 157.205 and 157.208 of the Federal Energy
Regulatory Commission's regulations under the Natural Gas Act for
authorization to replace an existing delivery lateral and increase the
line's maximum allowable operating pressure (MAOP), located in Ouachita
and Union Counties, Arkansas, all as more fully set forth in the
application, which is on file with the Commission and open to public
inspection. The filing may also be viewed on the Web at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,

(202) 502-8659.
    Specifically, CEGT proposes to replace approximately 24.9 miles of
Line E, a 12-inch diameter mechanically-coupled pipeline, with
approximately 24.9 miles of 12-inch steel welded pipe, install a 10-
inch interconnect between Line E and Line SM-23, and install auxiliary
facilities including pig launcher and receiver facilities, a 6-inch
check meter station and 4-inch regulator, and all other appurtenant
facilities necessary. CEGT also requests authorization to increase the
MAOP of the proposed replacement segment of Line E from 415 psig to 800
psig. CEGT states that the MAOP increase will enable Line E to operate
up to Line SM-23's current MAOP of 800 psig. CEGT estimates the cost of
construction to be $17,717,876.
    Any questions regarding the application should be directed to
Lawrence O. Thomas, Director-Rate & Regulatory, CenterPoint Energy Gas
Transmission Company, P. O. Box 21734, Shreveport, Louisiana 71151, or
call at<PHONE_NUMBER>.
    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the Natural Gas Act (NGA) (18 CFR
157.205) a protest to the request. If no protest is filed within the
time allowed therefore, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request shall be treated as
an application for authorization pursuant to Section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-13458 Filed 7-10-07; 8:45 am]

BILLING CODE 6717-01-P