APTA Submits Comments in Response to NEPA Regulations Interim Final Rule Revision
8/5/2025
APTA submitted comments to FTA Administrator Marcus Molinaro, FRA Acting Administrator Drew Feeley, and Federal Highway Administration Executive Director Gloria M. Shepherd Aug. 4, in response to the Revision of National Environmental Policy Act Regulations Interim Final Rule (NEPA IFR), published in the Federal Register at 90 FR 29426 on July 3, 2025.
In the letter, APTA President and CEO Paul P. Skoutelas stated: “APTA applauds the NEPA IFR as demonstrating the Administration’s commitment toward streamlining the delivery of transportation projects while adhering to the importance of environmental safeguards in project actions and decision making. We believe even further efficiencies can be achieved through regulatory reform.”
APTA presented numerous suggestions and recommendations in regard to:
Reducing Documentation Required for Categorical Exclusions at 23 CFR 771
APTA continues to advocate for USDOT to eliminate the documentation requirements for Categorical Exclusions (CEs) provided the grantee retains its own files subject to USDOT audit that accurately describe the applicable CE for the project at issue.
New CE to Leverage State/Local Environmental Process
APTA recommends that FTA and FRA publish a new CE to cover projects that meet state/local environmental requirements that satisfy NEPA. In some cases, environmental reviews required under state and/or local law already satisfy NEPA, making the NEPA review redundant.
Intersection of NEPA and National Historic Preservation Act for Transportation Projects
On April 2, 2025, the Advisory Council on Historic Preservation (ACHP) issued a Notice of Approval on the “Program Comment on Certain Housing, Building, and Transportation Undertakings,” which provides federal agencies with additional flexibilities for National Historic Preservation Act (NHPA) Section 106 review. APTA supports this flexibility and urges USDOT and its modal agencies to adopt the use of the ACHP April 2 Program Comment.
Streamline FTA Real Property Acquisition at 49 U.S.C. § 5323(q)
APTA continues to advocate for Congress to adopt a provision that expands transit agencies’ authority to acquire land prior to completion of NEPA by amending 49 U.S.C. § 5323(q) to replace the term “right-of-way” with “real property interests.”
Consistency Across FTA Regions
APTA continues to advocate for USDOT to ensure that policies, guidance, procedures, and oversight activities issued or enforced by regional offices are executed in a consistent manner across all regions. Inconsistent enforcement of federal rules leads to inefficiencies and unnecessary delays.
Standard Operating Procedures Currently in Practice for Administration of NEPA
APTA offers specific recommendations relating to Standard Operating Procedures (SOPs) currently in place for administering NEPA, namely relating to SOP 19, SOP 21, SOP 22, and SOP 23. In several instances, requirements appear to go beyond current regulations.