Proposed Memorandum of Understanding Revision (MOU) Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs), 19460-19461 [2010-8481]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19460-19461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8481]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA--2010-0035]


Proposed Memorandum of Understanding Revision (MOU) Assigning 
Certain Federal Environmental Responsibilities to the State of 
California, Including National Environmental Policy Act (NEPA) 
Authority for Certain Categorical Exclusions (CEs)

AGENCY: Federal Highway Administration (FHWA), California Division, 
DOT.

ACTION: Notice of proposed MOU, request for comments.

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SUMMARY: This notice announces that the FHWA and the State of 
California, acting by and through its Department of Transportation 
(State), propose a time extension with minor changes to the MOU 
pursuant to 23 U.S.C. 326. The MOU would extend the duration of use by 
three years, transferring to the State the FHWA's 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 of 1969, 42 U.S.C. 4321 et seq. 
(NEPA). Aside from editorial changes to the MOU, the following minor 
changes would also be incorporated: (1) The State would be required to 
submit a list of CE determinations annually as opposed to quarterly; 
(2) the Federal Register notice of availability period would be 
modified from 45 days to 30 days, where applicable; (3) upon 
termination of the MOU, reversion of Federal responsibility back to 
FHWA would become effective in 60 days as opposed to 30 days; (4) FHWA 
would provide the State 24 hour notice, where practicable, prior to 
attending meetings whereby another Federal agency has requested FHWA's 
participation; (5) removal of E.O. 13175, Consultation and Coordination 
with Indian Tribal Governments from the list of assigned 
responsibilities.

DATES: Please submit comments by May 14, 2010.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number [FHWA-2010-0035], by any of the 
methods described below. Electronic or facsimile comments are preferred 
because Federal offices experience intermittent mail delays from 
security screening.
    1. Web site: https://www.regulations.gov. Follow the instructions 
for submitting comments on the DOT electronic docket site.
    2. Facsimile (Fax): 1-202-493-2251.
    3. Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590.
    Hand Delivery: 1200 New Jersey Ave., SE., Washington, DC 20590 
between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal 
holidays.
    For access to the docket to view a complete copy of the proposed 
MOU, or to read background documents or comments received, go to https://www.regulations.gov at any time or to 1200 New Jersey Ave, SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through 
Friday, except for Federal holidays.

FOR FURTHER INFORMATION CONTACT: For FHWA: Aimee Kratovil, Federal 
Highway Administration, California Division, 650 Capitol Mall, Suite 4-
100, Sacramento, CA 95814; by e-mail at aimee.kratovil@dot.gov or by 
telephone at 916-498-5866. The FHWA California Division Office's normal 
business hours are 8 a.m. to 4:30 p.m. (Pacific Time), Monday--Friday, 
except for Federal Holidays. For State: Cindy Adams, NEPA Delegation 
Manager, California Department of Transportation, Division of 
Environmental Analysis, MS27, P.O. Box 942874, Sacramento, CA, 
94274-0001; by e-mail at NEPA_delegation@dot.ca.gov; by telephone at 
(916) 653-5157. The California Department of Transportation's normal 
business hours are 8 a.m. to 5 p.m. (Pacific Time), Monday-Friday, 
except for State and Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this notice may be downloaded using a 
computer, modem, and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
home page at https://www.archives.gov and the Government Printing 
Office's Web site at https://www.access.gpo.gov. An electronic version 
of the proposed MOU may be downloaded by accessing the DOT DMS docket, 
as described above, at https://www.regulations.gov.

Background

    Section 6004(a) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Pub. L. 109-059, 119 
Stat. 1144), codified as section 326 of amended Chapter 3 of title 23, 
United States Code (23 U.S.C. 326), allows the Secretary of the DOT 
(Secretary), to assign, and a State to assume, responsibility for 
determining whether certain designated activities are included within 
classes of action that are categorically excluded from requirements for 
environmental assessments or environmental impact statements pursuant 
to regulations promulgated by the Council on Environmental Quality 
under part 1500 of title 40, Code of Federal Regulations (CFR) (as in 
effect on October 1, 2003). The FHWA is authorized to act on behalf of 
the Secretary with respect to these matters.
    The FHWA and the State had previously entered into an MOU on June 
6, 2007, for an initial term of three (3) years. The proposed MOU 
revision is set to supersede the original MOU prior to its expiration 
date on June 6, 2010. Stipulation I (B) of the MOU describes the types 
of actions for which the State would assume project-level 
responsibility for determining whether the criteria for a CE are met. 
Statewide decision-making responsibility would be assigned for all 
activities within the categories listed in 23 CFR 771.117(c), those 
listed as examples in 23 CFR 771.117(d), and the following additional 
categories of actions:
    1. Construction, modification, or repair of storm water treatment 
devices (e.g., detention basins, bio-swales, media filters, and 
infiltration basins), protection measures such as slope stabilization 
and other erosion control measures.
    2. Replacement, modification, or repair of culverts or other 
drainage facilities.
    3. Projects undertaken to assure the creation, maintenance, 
restoration, enhancement, or protection of habitat for fish, plants, or 
wildlife (e.g., revegetation of disturbed areas with native plant 
species; stream or river bank revegetation; construction of new, or 
maintenance of existing fish passage

[[Page 19461]]

conveyances or structures; restoration or creation of wetlands).
    4. Routine repair of facilities due to storm damage, including 
permanent repair to return the facility to operational condition that 
meets current standards of design and public health and safety without 
expanding capacity (e.g., slide repairs, construction or repair of 
retaining walls).
    5. Routine seismic retrofit of facilities to meet current seismic 
standards and public health and safety standards without expansion of 
capacity.
    6. Air space leases subject to subpart D, part 710, Title 23, Code 
of Federal Regulations.
    7. Drilling of test bores/soil sampling.
    The scope of the assignment and terms and conditions of the 
assignment are contained in the MOU. A copy of the MOU, together with 
State documentation supporting the assignment of decision-making 
authority under 23 CFR 771.117(d) for the seven categories of 
activities listed above, may be viewed on the DOT DMS Docket, as 
described above, or may be obtained by contacting the FHWA or the State 
at the addresses provided above. A copy also may be viewed at https://www.dot.ca.gov/hq/env/nepa_pilot/imndex.htm.
    The FHWA California Division, in consultation with FHWA 
Headquarters, will consider the comments submitted when making its 
decision on the proposed MOU revision. Once the FHWA makes a decision 
on the proposed MOU revision, the FHWA will place in the DOT DMS Docket 
a statement describing the outcome of the decision-making process and a 
copy of any final MOU. The FHWA also will publish in the Federal 
Register a notice of the FHWA decision and the availability of any 
final MOU. Copies of the final documents also may be obtained by 
contacting the FHWA or the State at the addresses provided above, or by 
viewing the documents at https://www.dot.ca.gov/hq/env/nepa_pilot/imndex.htm.

    (Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)


    Authority:  23 U.S.C. 326; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 
40 CFR 1507.3, 1508.4.

    Issued on: April 8, 2010.
Karen Bobo,
Director, Local Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. 2010-8481 Filed 4-13-10; 8:45 am]
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