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DOT/FTA RIN: 2132-AB32 Publication ID: Fall 2019 
Title: Program for Eliminating Duplication of Environmental Reviews 
Abstract:

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 (327 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 327 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 327 Program.

 
Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 23 CFR 778    49 CFR 265    49 CFR 622   
Legal Authority: 23 U.S.C. 330    49 CFR 1.85   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/28/2017  82 FR 45220   
NPRM Comment Period End  11/27/2017 
Final Rule  11/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Related to 2125-AF73  Related Agencies: Joint: DOT/FHWA, DOT/FRA; 
Agency Contact:
Chaya Koffman
Department of Transportation
Federal Transit Administration
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-3101
Email: chaya.koffman@dot.gov