MAP-21 Section 1306 Financial Penalties Guidance

Gregory G. Nadeau
Federal Highway Administration
Therese McMillan
Federal Transit Administration
March 31, 2014

[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Notices]
[Page 18113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07052]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal Transit Administration

[FHWA ZRIN-2125-ZA04; FTA ZRIN-2132-ZA01]


MAP-21 Section 1306 Financial Penalties Guidance

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), Department of Transportation (DOT).

ACTION: Notice of availability.

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SUMMARY: The Federal Highway Administration (FHWA) and the Federal 
Transit Administration (FTA) are issuing joint guidance on the 
implementation of the financial penalty provisions contained in Section 
1306 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). 
The financial penalty provisions require Federal agencies of 
jurisdiction (Reviewing Agency) to render a decision on a permit, 
license, or other approval related to a transportation project within 
180 days from the later of the date FHWA or FTA issue a Record of 
Decision or Finding of No Significant Impacts for a project, or the 
date on which an application for a permit, license, or approval for the 
project is complete. If the Reviewing Agency does not render a decision 
by the 180-day deadline, it is subject to a rescission of funds of 
$10,000 or $20,000 per week until the Reviewing Agency renders a 
decision. The FHWA and FTA have the authority to grant ``no-fault'' 
certifications if the Reviewing Agency's failure to decide was due to 
circumstances beyond its control. You may review the guidance by 
visiting FHWA's Web site at http://www.fhwa.dot.gov/map21, or FTA's Web 
site at http://www/fta.dot.gov/map21.

DATES: This Guidance is effective on March 31, 2014.

FOR FURTHER INFORMATION CONTACT: For FHWA: Bruce Bender, Office of 
Project Delivery and Environmental Review, (202) 366-2851, or Jomar 
Maldonado, Office of the Chief Counsel, (202) 366-1373, Federal Highway 
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590-0001. 
For FTA: Elizabeth Patel, Office of Planning and Environment, (202) 
366-0244, or Dana Nifosi, Office of Chief Counsel, (202) 366-4011, 
Federal Transit Administration, 1200 New Jersey Ave. SE., Washington, 
DC 20590-0001. Office hours are from 8:00 a.m. to 4:30 p.m. e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Section 1306 of MAP-21 (Pub. L. 112-141, 126 
Stat. 535) codified in 23 U.S.C. 139 that ``[a] Federal agency of 
jurisdiction over an approval required for a project under applicable 
laws shall complete any required approval on an expeditious basis using 
the shortest existing applicable process.'' 23 U.S.C. 139(h)(6)(A). If 
a Reviewing Agency fails to decide within a specific timeframe, an 
amount shall be rescinded from the applicable office of the head of the 
agency not later than 1 day after the applicable date and once each 
week thereafter until a final decision is rendered. The rescission 
amount is equal to $20,000 per week if the project will be funded under 
Title 23, U.S. Code, and is estimated to cost more than $100 million, 
or $10,000 per week for any other projects requiring an environmental 
assessment or environmental impact statement under FHWA's or FTA's 
procedures implementing the National Environmental Policy Act of 1969 
(NEPA). The applicable date is described as the later of (I) the date 
that is 180 days after the date on which an application for the permit, 
license, or approval is complete; and (II) the date that is 180 days 
after the date on which the Federal lead agency issues a decision on 
the project under NEPA. 23 U.S.C. 139(h)(6)(B)(ii).
    The FHWA and FTA developed this guidance in coordination with the 
Reviewing Agencies that are most likely to be affected by this 
provision; however, it is not intended to guide their implementation 
specifically. The guidance provides a framework for FHWA and FTA 
personnel to make ``no-fault'' certifications and serves as a consensus 
document to help inform agency-specific implementation by the Reviewing 
Agencies. The guidance is available online at www.fhwa.dot.gov/map21, 
and www.fta.dot.gov/map21.

    Authority:  Sec. 1306, Pub. L. 112-141, 126 Stat. 535 (2012).

    Issued on: March 25, 2014.
Gregory G. Nadeau,
Deputy Administrator, Federal Highway Administration.
Therese McMillan,
Deputy Administrator, Federal Transit Administration.
[FR Doc. 2014-07052 Filed 3-28-14; 8:45 am]
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