Proposed Renewed and Amended Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State of Alaska, 50208-50210 [2012-20401]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:25 Aug 17, 2012 Jkt 226001 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: PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 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: E:\FR\FM\20AUN1.SGM 20AUN1 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. VerDate Mar<15>2010 16:25 Aug 17, 2012 Jkt 226001 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 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 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. E:\FR\FM\20AUN1.SGM 20AUN1 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 VerDate Mar<15>2010 16:25 Aug 17, 2012 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: PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20AUN1.SGM 20AUN1

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]


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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