Department of Transportation Proposed Environmental Justice Strategy

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket 50125]

Department of Transportation Proposed Environmental Justice

Strategy

AGENCIES: Office of the Secretary: Departmental Office of Civil Rights

and Office of the Assistant Secretary for Transportation Policy; DOT.

ACTION: Request for comment on U.S. Department of Transportation

proposed environmental justice strategy.

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SUMMARY: Executive Order 12898, signed by President Clinton on February

11, 1994, directs each Federal agency to develop a strategy to address

environmental justice concerns in its programs, policies and

regulations. The thrust of the Executive Order is to avoid

disproportionately high and adverse impacts on minority and low-income

populations with respect to human health and the environment.

The Department of Transportation (DOT) has prepared a proposed

environmental justice strategy. The proposed strategy describes the

approach we are considering to achieve environmental justice objectives

throughout the Department. To help us formulate the final strategy, we

are soliciting comments from a broad range of organizations and

individuals with an interest in environmental justice and

transportation matters.

DATES: Comments are requested by March 1, 1995. Late-filed comments

will be considered to the extent practicable.

ADDRESSES: Comments should be sent to Docket Clerk, Docket 50125,

Department of Transportation, 400 7th Street, SW., Room PL 401,

Washington, DC 20590. To facilitate consideration of the comments,

commenters are requested to file six copies of each submission.

Comments will be available for inspection at this address from 9 a.m.

to 5 p.m., Monday through Friday. Commenters who wish the Department to

acknowledge receipt of their comments should include a stamped, self-

addressed postcard with their comments. The Docket Clerk will date-

stamp the postcard and mail it back to the commenter.

FOR FURTHER INFORMATION CONTACT:

Ira Laster, Jr., Office of Environment, Energy, and Safety, Office of

the Assistant Secretary for Transportation Policy, telephone (202) 366-

4859, or Alyce Boyd-Stewart, Departmental Office of Civil Rights,

telephone (202) 366-9366, U.S. Department of

[[Page 9711]] Transportation, 400 7th Street, SW., Washington, DC

20590.

Dated: February 13, 1995.

Antonio Califa,

Director, Departmental Office of Civil Rights.

Joseph Canny,

Deputy Assistant Secretary for Transportation Policy.

Attachment

Department of Transportation Proposed Environmental Justice Strategy

Introduction

Background

Executive Order 12898, signed by President Clinton on February 11,

1994, on ``Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations,'' requires each Federal agency

to develop a specific agency-wide strategy for implementing E.O.'s

provisions. The thrust of the Executive Order is to avoid

disproportionately high and adverse impacts on such populations with

respect to human health and the environment.

The Department of Transportation (DOT) is committed to embracing

the principles of environmental justice by promoting enforcement of all

applicable environmental regulations and legislation, and by promoting

non-discrimination in its programs, policies, and activities that

affect human health and the environment consistent with the principles

of environmental justice. DOT is also committed to bringing government

decisionmaking closer to the communities and people affected by these

decisions and ensuring greater public participation in decisions

relating to human health and the environment.

In the period of the mid 1990's, we are witnessing dramatic changes

in the philosophy of private and public decisionmaking. In the private

sector, the hierarchical top-down decisionmaking apparatus, so

characteristic of the American corporate giants in the past, is giving

way to organizational arrangements which bring key decisionmaking

authority to these directly performing tasks. Corporations are placing

renewed emphasis on listening and responding to the corporate customer

and making product quality and service, rather than cost minimization

or short-term profit maximization, the top priorities in

decisionmaking.

Likewise, American governmental decisionmaking structures are

beginning to undergo extraordinary changes. The Vice President's

National Performance Review is setting in motion actions that are

intended to make government more effective by becoming more friendly to

customers and responsive to taxpayers. All these actions are intended

to involve stakeholders in decisions by government.

Adherence to environmental justice principles enhances these trends

because they involve stakeholders in decisions by government. Key to

these principles is an active community public participation process

that provides opportunities for persons living in low-income

neighborhoods and minority populations to participate more effectively

in governmental decisions and programs.

The new emphasis on environmental justice coincides with DOT's

previously announced intent to become a model transportation agency for

protecting and enhancing the environment and putting people first.

Secretary Federico Pena has called for harmonizing transportation

policy and environmental concerns as a major objective within DOT. DOT

agencies must now become environmental leaders and demonstrate

sensitivity both to the natural environment and to neighborhoods and

communities in everything DOT does.

Strategy Development Process

Upon receipt of the Executive Order and the accompanying

Presidential memorandum, DOT established a Department-wide working

group, which is comprised of representatives from appropriate

secretarial offices and departmental operating administrations. The DOT

Working Group established the overall framework for the development of

the DOT environmental justice strategy, and over the course of the past

several months, provided much of the information incorporated in this

draft strategy.

The fundamental purpose of DOT's proposed environmental justice

strategy is to design and implement a flexible process that assures the

full use of necessary Departmental resources in identifying and

addressing program and constituent needs and opportunities consistent

with requirements of the Executive Order.

The Working Group's first major activity was to undertake a survey

of DOT's current and proposed activities related to environmental

justice. Results of this activity were forwarded to the Environmental

Protection Agency (EPA) on July 13, 1994. Elements of DOT that

completed the survey are using the results to determine the extent to

which environmental justice requirements are being met. Where

additional information is needed to determine the present level and

scope of implementation, efforts are underway to acquire it.

Elements of the DOT Strategy

1. High Level Involvement

An overview of DOT environmental justice activities was an agenda

item at a senior staff meeting in mid-December 1994. The overview

consisted of a summary of Executive Order 12898, a discussion of the

outline of DOT's proposed strategy, and an overview of operating

administrations' responses to the survey of their environmental justice

activities. DOT has, to some degree, already incorporated environmental

justice principles into its mission through compliance with

requirements and principles of the National Environmental Policy Act,

Title VI of the Civil Rights Act of 1964, and related statutes.

Secretary Pena will communicate with all appropriate departmental

officials expressing his support for the environmental justice

executive order and encouraging them to incorporate the principles of

environmental justice in program planning, budgeting, program

development, program activities, and program evaluation, as

appropriate. This will be done in conjunction with a DOT Order on

establishing principles and procedures for environmental justice in all

DOT programs, policies, and activities.

2. Public Outreach on DOT Environmental Justice Strategy

The following represents steps DOT has or is taking to involve the

public in the development and implementation of DOT's Environmental

Justice Strategy. All outreach activities described below will be

carried out consistent with the requirements of the Federal Advisory

Committee Act.

a. National Conference on Transportation, Social Equity, and

Environmental Justice in Chicago

This conference, cosponsored by the Federal Transit Administration

and the Surface Transportation Policy Project, brought together

approximately 150 persons, mostly community activists from around the

country, with DOT and other public officials. The meeting, held on

November 17-18, 1994, in Chicago identified key transportation-related

environmental and social issues of concern to persons living in

predominately low-income and minority communities. Suggestions for

actions to redress these concerns were also sought. A report of the

conference findings is being prepared by the Surface Transportation

Policy Project. [[Page 9712]]

b. Inter-Departmental Public Meeting in Atlanta

On January 20, 1995, DOT participated, along with other Federal

departments/agencies, in a public meeting in Atlanta, a portion of

which was televised nationwide by satellite to designated downlink

sites. The purpose of this public meeting was to provide an opportunity

for Federal agency staffs to explain the main tenets of agencies'

environmental justice strategies and to raise issues for the

consideration and advice of participants.

c. Meeting With the Environmental Justice Network

In response to the Chicago meeting, DOT will discuss with members

of the Environmental Justice Network how best to further engage persons

living in minority and low-income communities about their environmental

justice concerns and their views as to what steps might be taken by DOT

to address these concerns.

d. Federal Register Notice on Environmental Justice

DOT will publish in the Federal Register the key elements of its

proposed environmental justice strategy and seek comments on issues

still under discussion. The public will be requested to provide

comments by March 1, 1995. In addition, specific efforts under

development will be made to solicit comments from members of minority

populations and low-income populations.

e. Final Publication in the Federal Register of DOT environmental

Justice Strategy

After considering the comments on the Federal Register announcement

of the DOT strategy and the lessons learned from early grass-roots

working meetings (see item f below). DOT will revise its proposed

environmental justice strategy, as necessary, and publish it in the

Federal Register. The strategy will be a ``living document'' and be

subject to modification as a result of activities described in terms

(f) through (h) below.

f. Grass Roots Environmental Justice Meetings

As recommended by participants attending the Chicago Environmental

Justice Conference. DOT anticipates holding a series of meetings with

community groups, individuals, and business groups, as well as local,

public, and transportation officials. The intent will be to discover

and understand community-based environmental justice problems and to

discuss remedial strategies included in the first version of the DOT

environmental justice strategy. The objective will be to build

knowledge in an additive manner, so that each successive meeting with

groups mentioned above builds upon the last.

Also, in response to requests from the public for educational

outreach and training for low-income and minority persons, DOT will

provide training to persons affected by the E.O. in how the

transportation decisionmaking process works and the role of public

participation in it. Persons affected by the E.O. will be afforded

opportunities to inform DOT of any barriers to effective participation

that may exist.

g. National Meeting on Public Participation and Environmental Justice

A national workshop to be hosted by the Secretary of Transportation

would present an opportunity to share experiences from the grass-roots

working sessions with a larger constituency of stakeholders, including

nationally-based community advocacy groups, and transportation planning

coordinators at the state, regional, and local levels. Through combined

plenary and small breakout group discussions, participants will

consider issues and provide recommendations.

h. DOT Regional Workshops for Grantees, State, and Local Officials

DOT anticipates holding workshops in selected regions for grantees,

state and local officials on implementing the DOT Order and agency

guidance on DOT's Environmental Justice strategy.

3. DOT Order on Environmental Justice

A key component of the DOT environmental justice strategy is a

proposed DOT Order prescribing procedures to be followed by the

Department and all of its operating administrations to implement

Executive Order 12898. The Order will apply to all appropriate DOT

regulations policies, guidance, and program activities as well as to

any program, project, or activity undertaken by DOT or that receives

financial assistance or permits from DOT, which may have environmental

justice implications. The proposed DOT Order would ensure that all

appropriate components of the Department will apply this strategy to

all aspects of their programs, policies, and activities.

While the precise contents of the proposed DOT Order have not yet

been fully developed, we anticipate that the Order will achieve three

objectives.

First, it would set forth requirements regarding review and

revision of DOT regulations, programs, policies, guidance, and

procedures that affect human health or the environment. Second, it

would provide a methodology for identifying and addressing adverse

effects of DOT actions and determining whether such actions are likely

to have a disproportionately high or adverse impact on low-income or

minority populations. Third, It would, after consideration of

mitigation measures, prohibit DOT or its agents from proceeding with

any actions that will have a disproportionately high and adverse

unmitigated effect on low-income and minority populations except under

prescribed circumstances. Each of these objectives is explained more

fully below.

a. Review and Revision of Regulations, Programs, Objectives, Policies,

Guidance, and Procedures

Under the proposed Order, the Office of the Secretary and each

operating administration of DOT would identify and assess regulations,

programs, policies, guidance, and procedures that affect human health

or the environment using the methodology described below, and revise

them, as appropriate, to comply with Executive Order 12898. This

process would include procedures to provide meaningful opportunities

for public involvement by low-income and minority populations,

including community input in identifying potential impacts,

alternatives, and mitigation measures for DOT actions.

In addition, any long-range or short-range planning and programming

processes conducted or funded by DOT that affect human health or the

environment would include appropriate actions to address the effects of

such planning [including actions, where practicable consistent with the

E.O., that may result from such planning] on minority and low-income

populations and communities.

Also, under the proposed DOT Order, DOT and its operating

administrations would develop specific mitigation strategies and

measures to address, as appropriate, disproportionately adverse effects

of their actions, including pollution prevention measures, consistent

with requirements of other statutes and procedures.

The proposed Order also would provide for additional data

collection or research as needed to provide information to comply with

Executive Order 12898. Public input will be solicited in these

activities. [[Page 9713]]

b. Methodology for identifying adverse Effects and Determining Whether

They Have a Disproportionately High or Adverse Impact on Minority and

Low-Income Communities

The proposed Order would set forth a methodology to be used by DOT

grantees, state, and local officials to determine whether a DOT or a

DOT-funded program, policy, project, or activity (DOT action) is likely

to have a disproportionately high and adverse effect on low-income or

minority populations. As part of this process, DOT or its agents will

provide appropriate opportunities for comment by representatives of

affected communities, both to obtain their input in identifying

potential effects of the action and in devising mitigation strategies,

where appropriate, to alleviate disproportionately high and adverse

effects. Offsetting mitigation measures that will be taken by DOT or

its agents, or any other compensatory benefits that will accrue to the

affected minority or low-income populations as a result of the action,

will be taken into account in determining if there is a

disproportionately high and adverse impact.

c. Actions To Address Disproportionately High Adverse Effects

Although the precise standards are yet to be developed, it is

anticipated that the proposed DOT Order will provide standards for any

action to address disproportionately high adverse effect on minority or

low-income populations. It is anticipated that the action will not be

carried out unless:

(1) A substantial need for the action, based on the overall public

interest, can be demonstrated; and

(2) alternatives that will have a less disproportionate adverse

effect on minority or low-income populations would have unacceptable

adverse health or environmental impacts (criteria concerning such

adverse impacts will be specified in the DOT Order).

(3) In the case of adverse effects on populations protected by

Title VI of the Civil Rights Act of 1964, there must also be a

demonstration of compliance with Title VI and related statutes.

4. Public Participation

All public participation activities described below will be carried

out consistent with the requirements of the Federal Advisory Committee

Act.

In accordance with the proposed DOT Order, DOT's public

participation processes would be reviewed and revised as necessary to

ensure that persons living in minority and low-income communities have

timely access to information and meaningful public participation

opportunities in transportation decisions affecting such communities.

The proposed Order would provide that opportunity will be afforded

the public, including low-income and minority citizens, to comment on

any proposed revisions to DOT regulations, policies, and procedures

that address human health and the environment in their communities. DOT

shall ensure that revisions to DOT policies and procedures include

provisions for access to public information relating to human health,

the environment, transportation, or other planning regulations and

enforcement. DOT will ensure meaningful opportunities for public

involvement by affected minority and low-income persons.

DOT will seek minority and low-income involvement in identifying

research and data collection needs, and designing environmental justice

projects to address those needs.

DOT will conduct training and information outreach workshops for

low-income and minority communities on participating in DOT supported

programs.

DOT will produce and disseminate user-friendly materials explaining

DOT public participation and other program requirements. This may

include environmental justice information on public participation and

other pertinent program requirements on a community bulletin board or a

1-800 number to answer environmental justice questions. DOT will seek

low-income and minority community input in deciding these matters.

DOT has developed a set of principles to guide its public

participation activities. These principles are enumerated as follows.

a. Public participation with respect to environmental justice

stakeholders will be based on an interactive partnering approach.

Environmental justice stakeholders should be involved in designing

studies, determining date needs, and planning conferences and meetings.

b. Environmental justice stakeholders should, in most cases, be

included in existing participatory activities. Environmental justice

should not result in separate activities for environmental justice

stakeholders which isolate them from the majority community. It may be

necessary to start with activities specifically for environmental

justice stakeholders to enable them to participate but the objective is

to enlarge the community dialog on DOT initiatives to include these

stakeholders.

c. Including environmental justice stakeholders means more than

assuring that they receive notices of meetings or other events and that

all events are convenient in terms of time and location. In many cases,

the real barriers to participation by these stakeholders are

attitudinal (``this is not for us'' or ``they are not really

interested''), language barriers, cultural barriers, technical

background, literacy, communications style, and privacy issues.

Participant training and other approaches to enable environmental

justice stakeholders to participate are likely to be the foundation of

a successful approach.

d. Participatory efforts should reach out to non-leaders as well as

stakeholder leaders through such techniques as focus groups or

workshops.

e. Partnering with environmental justice stakeholders will require

agencies to review how they do business. We must assure that our

processes are accessible to and usable by stakeholders, to the extent

possible.

f. The fundamentals of public involvement are that all interested

groups and individuals have access to information, to participatory

events, and to decisionmaking through a variety of techniques from the

earliest stages of an activity through decisionmaking and

implementation. all aspects of public involvement should be open to

environmental justice stakeholders.

g. Public participation programs are best designed at the local or

state level. The Federal role is to set performance standards for

public involvement programs and to provide technical assistance in

meeting those performance standards, not to require specific actions.

5. Role of Key DOT Elements in Complying With Environmental Justice

Executive Order

In connection with implementing the DOT Order on environmental

justice and, in some cases, to supplement these actions, each element

of the Department will undertake actions. Some of the actions described

below will be developed and refined as the Department's strategy

evolves.

a. Departmental Office of Civil Rights

Dissemination of information on how Title VI of the Civil Rights

Act of 1964 Pertains to Environmental Justice.

The DOT Order described previously will provide the operating

administrations with a framework to ensure that their policies,

programs, and procedures comply with the intent of the Executive Order,

including meeting the requirements of Title VI. [[Page 9714]]

In addition, the Departmental Office of Civil Rights will provide

leadership and technical assistance to the operating administrations

and in conjunction with the appropriate administrations, to major

recipients of DOT funds in the administration of their Title VI

responsibilities which relate to environmental justice. This may take

the form of guidelines, memoranda of general applicability, and

training designed to achieve environmental justice for members of

minority and low-income populations.

b. Federal Aviation Administration (FAA)

The Federal Aviation Administration will adhere to the principles

of environmental justice.

In the area of pollution prevention, FAA will:

Review FAA policies, programs, and activities related to

pollution prevention and safety and revise them, where appropriate, in

accordance with the E.O. emphasizing their importance in avoiding

environmental inequities;

Review FAA policies, programs, and activities related to

enforcing the Hazardous Materials Transportation Act and associated DOT

regulations related to aviation;

Review FAA policies, programs, and activities related to

advising the shipping community, including FAA facilities, and other

affected parties of their role in avoiding environmental and public

health impacts;

Review FAA policies, programs, and activities related to

implementing the various executive orders on pollution prevention and

waste reduction. Appropriate data collection, recordkeeping, and public

participation and outreach procedures are being developed;

Review FAA policies, programs, and activities related to

complying with other environmental protection laws including, for

example, Clean Water Act, Clean Air Act, RCRA, CERCLA, TSCA, FIFRA,

SDWA, and related state laws. FAA will comply with OSHA to provide safe

and healthful work environment for all its employees and provide

training to all employees;

Review FAA policies, programs, and activities related to

aviation and airport safety and revise, where appropriate, consistent

with the E.O.;

Include environmental justice principles, where

appropriate, in its environmental liability training.

With respect to NEPA, FAA will:

Emphasize the important role of appropriate public

participation and environmental review under NEPA in avoiding

environmental inequities. The agency is revising its various NEPA

implementation orders (see section 6 below) to include compliance with

E.O. 12898;

Include environmental justice in its training programs,

including, for example, the community involvement training course that

is currently being developed and ongoing NEPA and advanced NEPA

courses.

In the area of research, FAA will:

Review the allocation of FAA education and research funds

to Historically Black Colleges and Universities and other minority

institutions and minority students and faculty in light of E.O. 12898.

In addition, FAA will review its research programs to determine whether

and how minority and low-income populations may be more appropriately

included in the scope of particular research projects. Improved

outreach to affected populations will be developed.

Review its research program and consider appropriate

research projects for developing data collection methods that may be

needed to comply with Executive Order 12898.

c. Federal Transit Administration (FTA)

FTA's Title VI implementing circular requires public transit

grantees to perform fixed facility impact analyses for all construction

projects to assess the impacts on minority and low-incomes communities.

Additionally, public transit grantees with populations of 200,000 or

more must describe and establish monitoring procedures to ensure that

service levels and quality do not discriminate against persons living

in minority communities, and thus, deny them the environmental, human

health, social, and economic benefits of local public transit programs.

Grantees also must describe efforts to encourage minorities to

participate on transit decision making bodies in order to ensure that

such boards reasonably reflect the racial/ethnic composition of the

community affected by the transit program.

The FTA strategic plan articulates the agency's intent to renew

efforts to develop meaningful services for minority and low-income

communities by designing new service demonstrations in partnership with

such communities. Furthermore, the FTA Strategic Plan calls for a

reexamination of how Federal transit investments are made in local

areas and the development of appropriate action to encourage equitable

distribution of such investments for minorities and transit-dependent

persons living in low-income communities. FTA is also participating in

the President's Empowerment Zone/Enterprise Community Program aimed at

addressing low-income community revitalization.

FTA is launching a new ``Livable Communities'' Initiative to

instill principles in transit programs that support the development of

vibrant and healthy communities within the transit service area. This

program supports the principles of environmental justice by promoting

local community partnerships in local neighborhood and community

transportation decision making and by creating transit investments that

will serve community goals, including environmental, land use, and

human health objectives. This program will encourage the development of

transit systems that offer day and health care facilities to patrons;

will provide special access to job training and employment to

economically disadvantaged citizens; will attract shopping and economic

development opportunities at transit sites; and will help to shape

attractive, people-friendly land use configurations in and around

transit stations. The program encourages the development of safe and

secure travel and commercial environments as well as fosters the

development of local circulation systems that support the vitality and

the attractiveness of individual neighborhoods and communities.

d. Federal Highway Administration (FHWA)

To encourage that environmental protection and enhancement are

integrated into planning and project development processes, FHWA will,

in consultation with stakeholders and other appropriate partners,

identify exemplary environment/planning processes, projects, and

individuals or teams and showcase them.

Further, FHWA with provide extensive outreach and training on the

role of environmental, neighborhood, and community values in

transportation investments and decisionmaking.

With FHWA as lead agency, several DOT agencies are sponsoring a

conference in cooperation with the Environmental Justice Resource

Center at Clark-Atlanta University to further understand the

environmental justice issues surrounding transportation. The conference

is tentatively scheduled for March 30-April 1, 1995.

e. Federal Railroad Administration (FA)

FRA addressed environmental justice issues in its Final

Environmental impact Statement for the Northeast Corridor Improvement

project--Electrification--New Haven, CT to Boston, MA and in

[[Page 9715]] the recently issued FHWA/FRA Draft Environmental Impact

Statement for the Alameda Corridor project in Southern California.

Amtrak's Northeast Corridor Improvement project received direct

Federal funding, and environmental justice concerns have been and will

continue to be addressed through the NEPA environmental review process.

FRA grant activities are currently limited to Amtrak and the state rail

assistance program. FRA has no direct control over Amtrak grant funds

expenditures, and the state rail grants are small. Construction

projects, under the state rail program, have been limited to

rehabilitation of existing rail lines in non-urban areas, with minimal

environmental impact. If high-speed rail funding is appropriated by the

Congress, FRA will incorporate environmental justice considerations

into its planning requirements. Environmental justice requirements are

being referenced in the new joint Environmental Impact Assessment

Procedures under development by FHWA, FTA, and FRA.

f. FTA and FHWA Public Involvement Activities

FTA, in cooperation with FHWA, made a major step toward providing

stakeholders with access to the transportation planning, programming,

and project development processes with the issuance of the joint

regulations on planning, 23 CFR part 450 and 49 CFR part 613, on

October 28, 1993. This is accomplished in two ways.

One is by requiring that transportation decisionmaking be done in

coordination with affected institutional bodies, including, but not

limited to, businesses, major employers, environmental groups, labor

unions, local land use planners, human service agencies, and providers.

Consulting with these stakeholders is an important step to properly

considering the range of factors required as part of an area's

transportation planning activities. Requiring the consideration of

these factors recognizes the relationship between transportation

systems and the economic, environmental, and social well-being of the

communities and regions served by them. The intended effect of this

transportation planning environment is to promote transportation

decisions which complement other state and local policies with an eye

toward community well-being.

Another important component to providing for an open decisionmaking

process is the requirement that decisionmaking be similarly open to the

public. In fact, FTA and FHWA require public involvement to be

``proactive and provide[s] complete information, timely public notice,

full public access to key decisions, and opportunities for early and

continuing involvement'' (23 CFR 450.212 and 450.316(15)(1b)), and to

be a significant part of all statewide and metropolitan planning

processes. In addition, a ``process for seeking out and considering the

needs of those traditionally underserved by existing transportation

systems, such as low-income and minority households which may face

challenges accessing employment and other amenities'' (23 CFR

450.212(a)(6)). These requirements are treated in the regulatory

language as expected outcomes of a public involvement process that is

developed to meet the individual needs of the affected Metropolitan

Planning Organization (MPO) or state.

To maximize the effective implementation of the above provisions,

FTA and FHWA are working toward providing the staffs of MPOs and state

departments of transportation with training and guidance on how to

achieve these ends. To emphasize the importance of public involvement

in local transportation decisionmaking, FTA and FHWA have developed a

Policy on Public Involvement. The agencies have also developed guidance

specific to implementing the public involvement provisions in the

planning regulations. Additional training and assistance in public

involvement is being developed to promote high quality public

involvement, designed to actively involve the public in decisionmaking

activities. A comprehensive course for both staff and decisionmakers of

MPOs and state DOTs is under development, to be offered free of charge

beginning late in 1995. In addition, there will be a full catalogue of

public involvement techniques published to promote creativity in public

involvement.

It is simply not enough to open the door and invite the public in.

There needs to be some effort to ensure that persons and groups with

substantial interests in their communities have access to the tools

necessary for substantive participation in local transportation

decisionmaking. Some of the project ideas that have surfaced to address

this need include training workshops for community groups and the

development of a `citizens' guide to MPO and statewide transportation

planning under Intermodal Surface Transportation Assistance Act

(ISTEA), and a similar technical guide for citizens that focuses on

transportation modeling, planning assumptions, and transportation's

relationship to other community services and resources.

g. Maritime Administration (MARAD)

The Maritime Administration has addressed environmental justice

issues by complying with the National Environmental Policy Act and the

Department of Transportation Administrative Order 600-1. In particular,

over the past four years MARAD has completed two successive

environmental audit reviews at three MARAD Reserve Fleet facilities

(James River, Beaumont and Suisun Bay) and at two other facilities

(United States Merchant Marine Academy, Kings Point, N.Y. and the Fire

Training Center, Swanton, Ohio). Further, MARAD is currently engaged in

a comprehensive review and analysis of requirements relevant to future

clean-up of Polychlorinated Biphenyls (PCBs) in its National Defense

Reserve Fleets. In its role as the Federal advocate for increased

productivity and competitiveness in the Nation's maritime affairs,

MARAD will continue to address compliance with applicable environmental

laws and regulations by the United States maritime community.

6. DOT Training on Environmental Justice

In order to ensure that environmental justice becomes integrated in

all appropriate Departmental activities, DOT will hold informational

seminars on environmental justice for selected program managers

throughout the Department. Representatives of the environmental justice

network will be invited to assist in the planning and conduct of these

seminars.

7. Review and Revision of DOT Environmental Procedures

The Department will review and update, as appropriate, its

Procedures for Considering Environmental Impacts, DOT Order 5610.1C,to

ensure that it is consistent with Executive Order 12898 and DOT's

proposed order on environmental justice. Attachment 2 to Order 5610.1C

sets forth guidance on the format and content of environmental review

documents and compliance with the National Environmental Policy Act and

other environmental statutes, regulations, and executive orders such as

Section 4(f) of the DOT Act. This attachment will be updated to reflect

the requirements of Executive Order 12898 [[Page 9716]] and to outline

the need to address potential disproportionate adverse health, or

environmental impacts on affected populations and communities. DOT

modal administrations also will review and update environmental

guidance.

[FR Doc. 95-4134 Filed 2-17-95; 8:45 am]

BILLING CODE 4910-62-M