(A) The FTA does not have a specific noise and vibration mitigation policy embodied in a regulation. Rather, the FTA follows the intent of NEPA. NEPA establishes a broad mandate for federal agencies to incorporate environmental protection and enhancement measures into the projects that they help to finance. Accordingly, FTA has implemented a general policy on environmental regulation. This policy states that measures necessary to mitigate adverse impacts are to be incorporated into the project and are eligible for federal funding when FTA determines that the measures are a reasonable public expenditure after considering the impacts of the action and the benefits of the proposed mitigation measures (23 C.F.R. part 771 and 23 C.F.R. § 771.105(e)). Thus, cost effectiveness criteria are encouraged by FTA under this regulation.
(B) Despite the general nature of the FTA’s policies regarding compliance with NEPA, the FTA does have some more explicit statements regarding environmental impacts in the federal transit laws (49 U.S.C. §§ 5301 et seq.). Before approving a construction grant, FTA must find that “ ... all reasonable steps have been taken to minimize the effect” (49 U.S.C. § 5324(b)(3)(A)(iii)). Consequently, the cost effectiveness criteria must be reasonable and a credible degree of effectiveness must be preserved.
(C) Public involvement and a systematic interdisciplinary approach are essential parts of the development process for proposed actions.
(D) Measures necessary to mitigate adverse impacts are incorporated into the action. Measures necessary to mitigate adverse impacts are eligible for federal funding when the administration determines that:
(1) The impacts for which the mitigation is proposed actually result from the administration action; and
(2) The proposed mitigation represents a reasonable public expenditure after considering the impacts of the action and the benefits of the proposed mitigation measures. In making this determination, the administration will consider, among other factors, the extent to which the proposed measures would assist in complying with a federal statute, executive order or administration regulation or policy.
(Ord. MET 02-25, passed 8-16-2002)