Section 6009 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) amended existing Section 4(f) legislation to simplify the process and approval of projects that have only de minimis impacts on lands protected by Section 4(f). SAFETEA-LU also required the U.S. Department of Transportation (U.S. DOT) to promulgate regulations to clarify the factors to be considered and the standards to be applied in determining the prudence and feasibility of alternatives that avoid uses of Section 4(f) properties.
As mandated in the legislation, U.S. DOT conducted a study on the implementation of new Section 4(f) provisions and its amendments (herein referred to as Phase I). During development of the Phase I study, U.S. DOT determined that sufficient information would not be available during Phase I to adequately evaluate the new prudent and feasible standards. Based on this fact, along with recommendations provided by the Transportation Research Board (TRB) on strengthening the Phase I findings, U.S. DOT is requesting approval to sponsor a one-time survey on implementation of Section 6009 and its amendments. The U.S. DOT and John A. Volpe National Transportation Systems Center (Volpe Center) have designed the survey and will submit the survey plan and its associated information collection burden to OMB for approval.
The information collection supports the U.S. DOTÂs Environmental Stewardship Strategic Goal. U.S. DOT will be better able to evaluate how SAFETEA-LU Section 6009 may improve environmental decision-making and expedite environmental reviews of transportation infrastructure projects.
The survey will solicit information on: (1) the post-construction effectiveness of impact mitigation and avoidance commitments adopted as part of projects where a Section 4(f) de minimis impact finding or Section 4(f) finding under the revised Section 4(f) regulations was made; and, (2) the processes developed to address the Section 4(f) de minimis impacts and revise the feasible and prudent standards and the efficiencies that may result.
U.S. DOT will use the results to evaluate the effectiveness and any resulting efficiencies of SAFETEA-LU Section 6009 and its amendments.
US Code:
23 USC Section 6009
Name of Law: Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.