View Rule

This rulemaking will implement changes to the Surface Transportation Project Delivery Program (23 U.S.C. 327) established by SAFETEA-LU, which originally enabled the Secretary of Transportation to assign NEPA responsibilities for highway projects to five specific States. Section 1313 of MAP-21 made several key modifications to this program, including: removing the "pilot" designation and making the program permanent; extending eligibility to all States; allowing assignment of NEPA responsibilities for transit, railroad, and multimodal projects in addition to highway projects; and providing transit agencies the option to request opting out of the program. MAP-21 requires that the Secretary of Transportation amend the regulation that establishes application requirements of a State requesting to participate in the program. A joint rulemaking effort between FTA, FHW, and FRA to amend the existing regulation at 23 CFR 773 would satisfy these requirements of MAP-21.