Federal Highway Administration – Federal Register Recent Federal Regulation Documents

The FHWA and the State of California, acting by and through its Department of Transportation (Caltrans), propose renewing the MOU authorizing Caltrans' participation in the Categorical Exclusion Assignment program. This program allows FHWA to assign its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed MOU, are categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act.

FHWA, in coordination with the Virginia Department of Transportation (VDOT), is issuing this notice of intent to solicit comment and advise the public, agencies, and stakeholders that an Environmental Impact Statement (EIS) will be prepared to study potential improvements to seven miles of Interstate 664 (I-664) and the Bowers Hill Interchange area at the confluence of I-664, I-64, I-264, U.S. Route 460, U.S. Route 58, U.S. Route 13 and Jolliff Road in the cities of Chesapeake and Suffolk, Virginia. Persons or agencies who may be affected by the proposed project are encouraged to comment on the information in this notice and the Supplementary Notice of Intent Document. All comments received in response to this Notice of Intent Document will be considered and any information presented herein, including the preliminary purpose and need, preliminary alternatives and identified impacts, may be revised in consideration of the comments.

Through this final rule, FHWA will remove a regulation from the CFR that has been rendered obsolete by the passage of subsequent legislation. The FHWA believes that because the underlying statutory authority for this regulation has substantially changed since adopted, this final rule eliminates any confusion that may be caused by its existence in the CFR.

The recently enacted Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act, authorizes a recipient or subrecipient of a grant provided by the DOT Secretary under Title 23 or 49, United States Code, to implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant subject to any applicable State and local laws, policies, and procedures. Based on this statutory authorization, FHWA is announcing a transition from its initiative announced in May 2021, which permitted, on an experimental basis, recipients and subrecipients of Federal funds for Federal-aid highway projects to utilize geographic, economic, or other hiring preferences or innovative contracting approaches not otherwise authorized by law. The May 2021 initiative was carried out as a pilot program under FHWA's existing experimental contracting authority and the legal authority in the Section 199B of the Consolidated Appropriations Act, 2021, authorizing such hiring preferences ``not otherwise authorized by law.'' Now that BIL creates the legal authority for local or other geographical or economic hiring preferences, an experimental pilot program for such hiring preferences is no longer needed. In Addition, the use of such preferences going forward are subject to Section 25019 of the BIL, not Section 199B of the Consolidated Appropriations Act, 2021.

This notice provides information regarding FHWA's finding that it is appropriate to grant a Buy America waiver to the Golden Gate Bridge, Highway & Transportation District (District) for procurement of foreign iron and steel components for the maintenance traveler system, which is needed to allow continued inspections and routine maintenance operations after the Golden Gate Bridge Physical Suicide Deterrent System Project (Project) is constructed. The non-domestic parts include: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts.

FHWA amends its regulations governing design standards and standard specifications applicable to new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, and rehabilitation projects on the National Highway System (NHS). In issuing this final rule, FHWA will allow State departments of transportation (State DOT) to adopt procedures or design criteria, as approved by FHWA, that enable the State to undertake resurfacing, restoration, and rehabilitation (RRR) projects on freeways, including Interstate highways, without utilizing design exceptions as long as the RRR procedures or criteria are met. In addition, FHWA incorporates by reference the latest versions of design standards and standard specifications previously adopted and incorporated by reference and removes from its regulations the corresponding outdated or superseded versions of these standards and specifications.

FHWA amends its regulations governing the accommodation of utilities on the right-of-way (ROW) of Federal-aid or direct Federal highway projects to implement requirements of the Consolidated Appropriations Act, 2018, for broadband infrastructure deployment. The requirements, which will apply to each State that receives Federal funds under Chapter 1 of title 23, United States Code (U.S.C.), aim to facilitate the installation of broadband infrastructure.

The recently enacted Bipartisan Infrastructure Law invests in the deployment of electric vehicle (EV) charging infrastructure as one of many important ways to confront the climate crisis. Through a National Electric Vehicle Formula Program (EV Charging Program), the law provides funding to States to strategically deploy EV charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability. The law also establishes a discretionary grant program for Charging and Fueling Infrastructure (Charging and Fueling Infrastructure Program) to strategically deploy publicly accessible EV charging infrastructure and hydrogen, propane, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that are accessible to all drivers of such vehicles. The law directs DOT, in coordination or consultation with the Department of Energy (DOE), to develop guidance for both programs. Through this notice, FHWA invites public comments to inform the development of the guidance. FHWA is especially interested in comments suggesting ways that the guidance could promote equity in the deployment of EV charging infrastructure under these programs.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed roadway project, the I-10 Bypass: Banning to Cabazon Project from the intersection of Hathaway Street and Westward Avenue in the City of Banning, to the intersection of Bonita Avenue and Apache Trail in the unincorporated community of Cabazon, for approximately 3.3 miles of new roadway in the County of Riverside, State of California. Those actions grant licenses, permits, and approvals for the project.

The FHWA, on behalf of the FDOT, is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed SR-9/I-95 from south of SW 10th Street to north of Hillsboro Boulevard Project Development and Environment (PD&E) Study (Financial Management Number 436964-1-22-01). The proposed improvements include direct connect ramps from SW 10th Street to I-95 general use and express lanes. Operational improvements at the SW 10th Street and Hillsboro Boulevard ramp terminal intersections, are also included in the project. These actions grant licenses, permits, or approvals for the project.

This notice announces actions taken by the FHWA that are final. The actions relate to a proposed Blue Hill Falls Bridge project on Route 172 located in Blue Hill, Hancock County, State of Maine. Those actions grant licenses, permits, and approvals for the project.

The FHWA, on behalf of the California Department of Transportation (Caltrans), is issuing this notice to advise the public that a Draft EIS will be prepared for the Last Chance Grade Permanent Restoration Project (Project), a proposed roadway improvement project on I-101, in Del Norte County, California. A separate Notice of Preparation of the Draft Environmental Impact Report (Draft EIR) has been issued by Caltrans to meet the requirements of the California Environmental Quality Act (CEQA).

The FHWA, on behalf of UDOT, is issuing this notice to announce actions taken by UDOT that are final Federal agency actions. The final agency actions relate to a proposed highway project, improvements to Interstate 15 (I-15), from Milepost (MP) 257.3 to MP 259.9 in Springville City and Spanish Fork City, Utah County, State of Utah. Those actions grant licenses, permits and/or approvals for the project. The UDOT's Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for the proposed improvements.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This notice announces actions taken by FHWA and other Federal agencies that are final. This final agency action relates to a proposed highway project, the relocation of the Round Hill Pines Resort access road and U.S. Highway 50 intersection, construction of a new access road to the Round Hill Pines Resort, and improvements to a 0.35-mile segment of U.S. Highway 50 near Zephyr Cove, Nevada. The FHWA's Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for the proposed improvements.

The FHWA, on behalf of the FDOT, is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed SW 10th Street Connector Project Development and Environment (PD&E) Study (Financial Management Number 439891-1-22-02). The project includes dual facilities within the existing SW 10th Street right-of-way: A limited access, high-speed connection (Connector Lanes) from Sawgrass Expressway to I-95, and local SW 10th Street. Access points to and from the Connector Lanes from SW 10th Street, just east of Military Trail, are also included in the project. These actions grant licenses, permits, or approvals for the project.

The FHWA is issuing this Notice of Intent (NOI) to solicit comments and advise the public, agencies, and stakeholders of an Environmental Impact Statement (EIS) that will be prepared to study the effects of a proposed project for improvements to SC 31 starting near Little River, Horry County, South Carolina and running northeast to US 17, in an area between Calabash and Shallotte, Brunswick County, North Carolina. This project is called the ``Carolina Bays Parkway Extension'' and is North Carolina Department of Transportation (NCDOT) Project No. R-5876 and South Carolina Department of Transportation (SCDOT), Project No. P029554. NCDOT is administering the development of this project in cooperation with SCDOT and other participating agencies. This notice contains a summary of the information as required in the Council on Environmental Quality (CEQ) National Environmental Policy Act (NEPA) regulations. This NOI should be reviewed together with the Supplementary NOI Information document which contains important details about the proposed project.

This notice announces actions taken by the FHWA and the USFWS that are final pursuant to the statute. The actions relate to the proposed I-69 Ohio River Crossing (ORX) project in Evansville, Indiana and Henderson, Kentucky and grant licenses, permits, and approvals for the project.

This notice provides information regarding FHWA's finding that it is appropriate to grant a Buy America waiver to the Iowa Department of Transportation (Iowa DOT) for procurement of foreign iron and steel components for two elevators or let-down structures for the pedestrian bridge associated with the I-74 Mississippi River Bridge Project in Bettendorf, Iowa, specifically including: (i) Traction elevator components; (ii) elevator guide rails; and (iii) certain auxiliary components of the elevators or let-down structures.

The FHWA, on behalf of the Arizona Department of Transportation (ADOT), is issuing this notice to announce actions taken by ADOT and other relevant Federal agencies that are final. The actions relate to the Categorical Exclusion (CE) d-list action forOther qualified project individually documented and approved under paragraph (d)for the proposed project I-17, Anthem Way to Jct. SR 69 in Maricopa and Yavapai County, AZ. The actions grant licenses, permits, and approvals for the project.

The FHWA, on behalf of the California Department of Transportation (Caltrans), is issuing this notice to advise the public that a Draft EIS will be prepared for the I-405 ExpressLanes project, a proposed highway project in Los Angeles County, California.

The FHWA is issuing this notice to announce actions taken that are final Federal agency actions. The final agency actions relate to a proposed highway project, along United States Highway (US) 51 in Dane County, Wisconsin between Interstate 39/90 east of the city of Stoughton and US 12/18 in the city of Madison. Those actions grant approvals for the project.

The FHWA and the State of Nebraska, acting by and through its Department of Transportation (State), propose renewing the MOU providing participation of the State in the Categorical Exclusion Assignment program. This program allows FHWA to assign its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed MOU, are categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act.

This notice announces actions taken by the FHWA that are final. The actions relate to National Environmental Policy Act (NEPA) approvals for a proposed highway project, the I-405, SR 522 Vicinity to SR 527 Express Toll Lanes Improvement Project between Mileposts 21.79 and 27.06, located mostly in Bothell, Washington in the Counties of King and Snohomish, State of Washington.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, on Interstate 5 from post miles 26.1 to 27.6 in the San Joaquin, State of California. Those actions grant licenses, permits, and approvals for the project.