Proposed Renewed and Amended Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State of Alaska, 50208-50210 [2012-20401]
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50208
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Notices
exclusion and other project records are
available by contacting the FHWA at the
address provided above. This notice
applies to all Federal agency decisions
as of the issuance date of this notice and
all laws under which such actions were
taken, including but not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act [42 U.S.C. 4321–
4347 and 7401–7671(q)].
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 [23 U.S.C. 138 and 49 U.S.C. 303];
Land and Water Conservation Fund
(LWCF) [16 U.S.C. 4601–4604];
Landscaping and Scenic Enhancement
(Wildflowers) [23 U.S.C. 319].
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section 1536
and 7 U.S.C. 136]; Magnuson-Stevenson
Fishery and Conservation Management
Act [16 U.S.C. 1801 et seq.];
Anadromous Fish Conservation Act [16
U.S.C. 757]; Fish and Wildlife
Coordination Act [16 U.S.C. 661–667
(e)]; Migratory Bird Treaty Act [16
U.S.C. 703–712].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.]; Archeological
Resources Protection Act of 1977 [16
U.S.C. 470(aa)–470(mm)]; Archeological
and Historic Preservation Act [16 U.S.C.
469–469(c)]; Native American Grave
Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001–3013].
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; American Indian Religious
Freedom Act [42 U.S.C. 1996–1996a];
Farmland Protection Policy Act (FPPA)
[7 U.S.C. 4201–4209].
7. Wetlands and Water Resources:
Clean Water Act (Section 404, Section
401, Section 319) [33 U.S.C. 1251–
1377]; Safe Drinking Water Act (SDWA)
[42 U.S.C. 300(f)–300(j–26)]; Rivers and
Harbors Act of 1899 [33 U.S.C. 401–
406]; Emergency Wetlands Resources
Act, [16 U.S.C. 3901–3932]; Wetlands
Mitigation [23 U.S.C. 103(b)(6)(M) and
133(b)(11)]; Flood Disaster Protection
Act, 42 U.S.C. 4001–4120.
8. Hazardous Materials:
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA), [42 U.S.C. 9601–9675];
Resource Conservation and Recovery
Act (RCRA), [42 U.S.C. 6901–6992(k)].
9. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
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Populations; E.O. 11593 Protection and
Enhancement of Cultural Resources;
E.O. 13007 Indian Sacred Sites; E.O.
13287 Preserve America; E.O. 13175
Consultation and Coordination with
Indian Tribal Governments; E.O. 11514
Protection and Enhancement of
Environmental Quality; E.O. 13112
Invasive Species.
(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. 139(l)(1).
Issued on: August 14, 2012.
Michelle Eraut,
Program Development Team Leader, Salem,
Oregon.
[FR Doc. 2012–20363 Filed 8–17–12; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2012–0076]
Proposed Renewed and Amended
Memorandum of Understanding (MOU)
Assigning Environmental
Responsibilities to the State of Alaska
Federal Highway
Administration (FHWA), Alaska
Division, DOT.
ACTION: Notice of proposed MOU,
request for comments.
AGENCY:
This notice announces that
the FHWA and the State of Alaska,
acting by and through its Department of
Transportation (State), propose to renew
and amend a MOU between the parties
dated September 22, 2009, pursuant to
23 U.S.C. 326. The MOU would extend
the duration of the agreement by three
years, continuing the assignment to the
State of 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 semi-annually as
opposed to quarterly, including Section
4(f) decisions; (2) the Federal Register
notice of availability period would be
modified from 45 days to 30 days,
SUMMARY:
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where applicable; (3) language would be
included clarifying that the presence of
unusual circumstances and significant
environmental impacts must be
considered in CE findings; (4) inclusion
of language to clarify that the State
coordinate with the Department of
Justice and FHWA in the event of
litigation, (5) at least a 12-month period
between FHWA program reviews would
be included in order to give the State
adequate time to implement corrective
action plans; (6) future changes to 23
CFR 771.117(c) and (d) resulting from
rulemaking would be automatically
incorporated into the MOU; (7) the
termination provisions of the MOU
would be changed to comply with the
provisions of Moving Ahead for
Progress in the 21st Century (MAP–21).
DATES: Please submit comments by
September 14, 2012.
ADDRESSES: You may submit comments,
identified by DOT Document
Management System (DMS) Docket
Number [FHWA–2012–0076], 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.
4. 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: Mr. Tim Haugh; by email at tim.
haugh@dot.gov or by telephone at 907–
586–7418. The FHWA Alaska Division
Office’s normal business hours are 8
a.m. to 4:30 p.m. (Alaska Time),
Monday–Friday, except for Federal
Holidays. For State: Mr. Ben White; by
email at ben.white@alaska.gov; by
telephone at 907–269–6961. The Alaska
Department of Transportation’s normal
business hours are 8 a.m. to 5 p.m.
(Alaska Time), Monday–Friday, except
for State and Federal holidays.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Notices
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
Section 326 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
September 22, 2009, for an initial term
of three (3) years. The proposed
renewed and amended MOU will
replace the original MOU on or before
its expiration date on September 22,
2012. 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), including any added to
those sections by FHWA after the date
of the new MOU.
The MOU also assigns to the State the
responsibility for conducting Federal
environmental review, consultation, and
other related activities for projects that
are subject to the MOU with respect to
the following Federal laws and
Executive Orders:
1. Clean Air Act (CAA), 42 U.S.C.
7401–7671q (determinations of projectlevel conformity if required for the
project).
2. Compliance with the noise
regulations in 23 CFR part 772.
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3. Section 7 of the Endangered
Species Act of 1973, 16 U.S.C. 1531–
1544, and Section 1536.
4. Marine Mammal Protection Act, 16
U.S.C. 1361.
5. Anadromous Fish Conservation
Act, 16 U.S.C. 757a–757g.
6. Fish and Wildlife Coordination Act,
16 U.S.C. 661–667d.
7. Migratory Bird Treaty Act, 16
U.S.C. 703–712.
8. Magnuson-Stevens Fishery
Conservation and Management Act of
1976, as amended, 16 U.S.C. 1801 et
seq.
9. Section 106 of the National Historic
Preservation Act of 1966, as amended,
16 U.S.C. 470(f) et seq.
10. Section 4(f) of the Department of
Transportation Act of 1966, 23 U.S.C.
138 and 49 U.S.C. 303; and 23 CFR part
774.
11. Archeological and Historic
Preservation Act of 1966, as amended,
16 U.S.C. 469–469(c).
12. American Indian Religious
Freedom Act, 42 U.S.C. 1996.
13. Farmland Protection Policy Act
(FPPA), 7 U.S.C. 4201–4209.
14. Clean Water Act, 33 U.S.C. 1251–
1377 (Section 404, Section 401, Section
319).
15. Coastal Barrier Resources Act, 16
U.S.C. 3501–3510.
16. Coastal Zone Management Act, 16
U.S.C. 1451–1465.
17. Safe Drinking Water Act (SDWA),
42 U.S.C. 300f–300j–6.
18. Rivers and Harbors Act of 1899, 33
U.S.C. 401–406.
19. Wild and Scenic Rivers Act, 16
U.S.C. 1271–1287.
20. Emergency Wetlands Resources
Act, 16 U.S.C. 3921–3931.
21. TEA–21 Wetlands Mitigation, 23
U.S.C. 103(b)(6)(m), 133(b)(11).
22. Flood Disaster Protection Act, 42
U.S.C. 4001–4128.
23. Land and Water Conservation
Fund (LWCF), 16 U.S.C. 4601–4604
(known as section 6(f)).
24. Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. 9601–9675.
25. Superfund Amendments and
Reauthorization Act of 1986 (SARA).
26. Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. 6901–
6992k.
27. Landscaping and Scenic
Enhancement (Wildflowers), 23 U.S.C.
28. Executive Orders Relating to
Highway Projects (E.O. 11990,
Protection of Wetlands; E.O. 11988,
Floodplain Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 11593, Protection and
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50209
Enhancement of Cultural Resources;
E.O. 13007, Indian Sacred Sites; E.O.
13175, Consultation and Coordination
with Indian Tribal Governments; E.O.
13112, Invasive Species).
The MOU allows the State to act in
the place of the FHWA in carrying out
the functions described above, except
with respect to government-togovernment consultations with federally
recognized Indian tribes. The FHWA
will retain responsibility for conducting
formal government-to-government
consultation with federally recognized
Indian tribes, which is required under
some of the above-listed laws and
executive orders. The State also may
assist the FHWA with formal
consultations, with consent of a tribe,
but the FHWA remains responsible for
the consultation. This assignment
includes transfer to the State of Alaska
the obligation to fulfill the assigned
environmental responsibilities on any
proposed projects meeting the Criteria
in Stipulation I(B) of the MOU that were
determined to be CEs prior to the
effective date of the original MOU but
that have not been completed as of the
effective date of the MOU.
The FHWA Alaska Division, in
consultation with FHWA Headquarters,
will consider the comments submitted
when making its decision on the
proposed MOU revision. Any final
MOU approved by FHWA may include
changes based on comments and
consultations relating to the proposed
renewed and amended MOU. 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.state.ak.us/stwddes/
desenviron/resources/6004.shtml.
(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.
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50210
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Notices
Issued on: August 10, 2012.
David C. Miller,
Division Administrator, Juneau, Alaska.
entities determined to meet certain
criteria set forth in Executive Order
13573.
The Department of the Treasury’s
Office of Foreign Assets Control has
determined that this individual should
be removed from the SDN List.
The following designation is removed
from the SDN List:
[FR Doc. 2012–20401 Filed 8–17–12; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Unblocking of One (1) Individual
Designated Pursuant to Executive
Order 13573
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is removing the name of one
(1) individual whose property and
interests in property are blocked
pursuant to Executive Order 13573 of
May 18, 2011, ‘‘Blocking Property of
Senior Officials of the Government of
Syria’’ from the list of Specially
Designated Nationals and Blocked
Persons (‘‘SDN List’’).
DATES: The removal of this individual
from the SDN List is effective as of
August 14, 2012.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, 1500 Pennsylvania
Avenue NW (Treasury Annex),
Washington, DC 20220, Tel.: 202/622–
2490.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(www.treas.gov/ofac) or via facsimile
through a 24-hour fax-on-demand
service, Tel.: 202/622–0077.
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
On May 18, 2011, the President issued
Executive Order 13573, ‘‘Blocking
Property of Senior Officials of the
Government of Syria,’’ (the ‘‘Order’’)
pursuant to, inter alia, the International
Emergency Economic Powers Act (50
U.S.C. 1701–06). In the Order, the
President took additional steps with
respect to the national emergency
declared in Executive Order 13338 of
May 11, 2004, which was expanded in
scope in Executive Order 13572 of April
29, 2011. The Order authorizes the
Secretary of the Treasury, in
consultation with the Secretary of State,
to designate additional persons or
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Jkt 226001
Individual
1. HIJAB, Riyad (a.k.a. HIJAB, Riyad
Farid), Syria; DOB 1966; POB Deir
Ezzor, Syria; Prime Minister
(individual) [SYRIA].
The removal of this individual from
the SDN List is effective as of August 14,
2012. All property and interests in
property of the individual that are in or
hereafter come within the United States
or the possession or control of United
States persons are now unblocked.
Dated: August 14, 2012.
Barbara C. Hammerle,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2012–20386 Filed 8–17–12; 8:45 am]
BILLING CODE 4811–AL–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 1099–K
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
1099–K, Merchant Card and Third Party
Payments.
DATES: Written comments should be
received on or before October 19, 2012
to be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette Lawrence, Internal Revenue
Service, room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Allan Hopkins,
(202) 622–6665, at Internal Revenue
Service, room 6129, 1111 Constitution
SUMMARY:
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Avenue NW., Washington, DC 20224, or
through the internet at
Allan.M.Hopkins@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Merchant Card and Third Party
Payments.
OMB Number: 1545–2205.
Form Number: Form 1099–K.
Abstract: This is a new form is in
response to section 102 of Public Law
111–147, the Hiring Incentives to
Restore Employment (HIRE) Act. The
form reflects a new non-Code general
business credit for the retention of
certain qualified individuals hired in
2010. The credit is first available for an
employer’s income tax return with a tax
year ending after 3/18/10 where new
hired employees hired after 2/3/10 and
before 1/1/11 worked not less 52
consecutive weeks where wages paid in
last 26 weeks of employment were at
least 80% of wages paid in first 26
weeks. These requirements are to be met
before employer is legibile for the lesser
$1,000 or 6.2% of wages paid by the
employer to the employee during the 52
consecutive week period of each
qualified retained worker.
Current Actions: There are no changes
being made to the form at this time.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals or
households, Business or other for-profit
groups, Not-for-profit institutions,
Farms, Federal Government, State,
Local, or Tribal Governments.
Estimated Number of Respondents:
2,000.
Estimated Time per Respondent: 18
minutes.
Estimated Total Annual Burden
Hours: 620.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
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]]>Agencies
[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Notices]
[Pages 50208-50210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20401]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2012-0076]
Proposed Renewed and Amended Memorandum of Understanding (MOU)
Assigning Environmental Responsibilities to the State of Alaska
AGENCY: Federal Highway Administration (FHWA), Alaska Division, DOT.
ACTION: Notice of proposed MOU, request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the FHWA and the State of Alaska,
acting by and through its Department of Transportation (State), propose
to renew and amend a MOU between the parties dated September 22, 2009,
pursuant to 23 U.S.C. 326. The MOU would extend the duration of the
agreement by three years, continuing the assignment to the State of 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 semi-annually
as opposed to quarterly, including Section 4(f) decisions; (2) the
Federal Register notice of availability period would be modified from
45 days to 30 days, where applicable; (3) language would be included
clarifying that the presence of unusual circumstances and significant
environmental impacts must be considered in CE findings; (4) inclusion
of language to clarify that the State coordinate with the Department of
Justice and FHWA in the event of litigation, (5) at least a 12-month
period between FHWA program reviews would be included in order to give
the State adequate time to implement corrective action plans; (6)
future changes to 23 CFR 771.117(c) and (d) resulting from rulemaking
would be automatically incorporated into the MOU; (7) the termination
provisions of the MOU would be changed to comply with the provisions of
Moving Ahead for Progress in the 21st Century (MAP-21).
DATES: Please submit comments by September 14, 2012.
ADDRESSES: You may submit comments, identified by DOT Document
Management System (DMS) Docket Number [FHWA-2012-0076], 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.
4. 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: Mr. Tim Haugh; by email at
tim.haugh@dot.gov or by telephone at 907-586-7418. The FHWA Alaska
Division Office's normal business hours are 8 a.m. to 4:30 p.m. (Alaska
Time), Monday-Friday, except for Federal Holidays. For State: Mr. Ben
White; by email at ben.white@alaska.gov; by telephone at 907-269-6961.
The Alaska Department of Transportation's normal business hours are 8
a.m. to 5 p.m. (Alaska Time), Monday-Friday, except for State and
Federal holidays.
SUPPLEMENTARY INFORMATION:
[[Page 50209]]
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 326 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
September 22, 2009, for an initial term of three (3) years. The
proposed renewed and amended MOU will replace the original MOU on or
before its expiration date on September 22, 2012. 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), including any added to
those sections by FHWA after the date of the new MOU.
The MOU also assigns to the State the responsibility for conducting
Federal environmental review, consultation, and other related
activities for projects that are subject to the MOU with respect to the
following Federal laws and Executive Orders:
1. Clean Air Act (CAA), 42 U.S.C. 7401-7671q (determinations of
project-level conformity if required for the project).
2. Compliance with the noise regulations in 23 CFR part 772.
3. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544, and Section 1536.
4. Marine Mammal Protection Act, 16 U.S.C. 1361.
5. Anadromous Fish Conservation Act, 16 U.S.C. 757a-757g.
6. Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d.
7. Migratory Bird Treaty Act, 16 U.S.C. 703-712.
8. Magnuson-Stevens Fishery Conservation and Management Act of
1976, as amended, 16 U.S.C. 1801 et seq.
9. Section 106 of the National Historic Preservation Act of 1966,
as amended, 16 U.S.C. 470(f) et seq.
10. Section 4(f) of the Department of Transportation Act of 1966,
23 U.S.C. 138 and 49 U.S.C. 303; and 23 CFR part 774.
11. Archeological and Historic Preservation Act of 1966, as
amended, 16 U.S.C. 469-469(c).
12. American Indian Religious Freedom Act, 42 U.S.C. 1996.
13. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209.
14. Clean Water Act, 33 U.S.C. 1251- 1377 (Section 404, Section
401, Section 319).
15. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510.
16. Coastal Zone Management Act, 16 U.S.C. 1451-1465.
17. Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6.
18. Rivers and Harbors Act of 1899, 33 U.S.C. 401-406.
19. Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287.
20. Emergency Wetlands Resources Act, 16 U.S.C. 3921-3931.
21. TEA-21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11).
22. Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
23. Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604
(known as section 6(f)).
24. Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), 42 U.S.C. 9601-9675.
25. Superfund Amendments and Reauthorization Act of 1986 (SARA).
26. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k.
27. Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C.
28. Executive Orders Relating to Highway Projects (E.O. 11990,
Protection of Wetlands; E.O. 11988, Floodplain Management; E.O. 12898,
Federal Actions to Address Environmental Justice in Minority
Populations and Low Income Populations; E.O. 11593, Protection and
Enhancement of Cultural Resources; E.O. 13007, Indian Sacred Sites;
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments; E.O. 13112, Invasive Species).
The MOU allows the State to act in the place of the FHWA in
carrying out the functions described above, except with respect to
government-to-government consultations with federally recognized Indian
tribes. The FHWA will retain responsibility for conducting formal
government-to-government consultation with federally recognized Indian
tribes, which is required under some of the above-listed laws and
executive orders. The State also may assist the FHWA with formal
consultations, with consent of a tribe, but the FHWA remains
responsible for the consultation. This assignment includes transfer to
the State of Alaska the obligation to fulfill the assigned
environmental responsibilities on any proposed projects meeting the
Criteria in Stipulation I(B) of the MOU that were determined to be CEs
prior to the effective date of the original MOU but that have not been
completed as of the effective date of the MOU.
The FHWA Alaska Division, in consultation with FHWA Headquarters,
will consider the comments submitted when making its decision on the
proposed MOU revision. Any final MOU approved by FHWA may include
changes based on comments and consultations relating to the proposed
renewed and amended MOU. 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.state.ak.us/stwddes/desenviron/resources/6004.shtml.
(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.
[[Page 50210]]
Issued on: August 10, 2012.
David C. Miller,
Division Administrator, Juneau, Alaska.
[FR Doc. 2012-20401 Filed 8-17-12; 8:45 am]
BILLING CODE 4910-RY-P
