View Rule

This rulemaking would establish a pilot program for eliminating duplication of environmental reviews under section 1309 of the Fixing America's Surface Transportation (FAST) Act. The FAST Act directs DOT, in consultation with the Council on Environmental Quality, to establish a pilot program to authorize up to five States to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of the National Environmental Policy Act. The FAST Act requires the issuance of regulations to implement the requirements of the program, including application requirements and criteria necessary to determine whether State laws and regulations are at least as stringent as the applicable Federal law. This rule would also implement a provision in section 1308 of the FAST Act that amends the corrective action period that the Agencies must provide to a State participating in the 23 U.S.C 327 Surface Transportation Project Delivery Program. This rule would establish a pilot program for eliminating duplication of environmental reviews under section 1309 of the FAST Act. The FAST Act directed the Secretary of the Department of Transportation (Secretary), in consultation with the Chair of the Council on Environmental Quality (CEQ) to establish a pilot program to authorize up to five States to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of NEPA. The FAST Act requires the Secretary to promulgate regulations to implement the requirements of the Program, including application requirements and criteria necessary to determine whether State laws and regulations are at least as stringent as the applicable Federal law. FTA, FHWA, and FRA, hereinafter referred to as the Agencies, are proposing these regulations on behalf of the Secretary. This rule also implements a provision in section 1308 of the FAST Act that amends the corrective action period that the Agencies must provide to a State participating in the 23 U.S.C. 327 Surface Transportation Project Delivery Program (327 Program).