Proposed Memorandum of Understanding (MOU) Revision Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Categorical Exclusions (CEs), 21004-21005 [2013-08103]
Download as PDF
<![CDATA[
21004
Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices
published. SLC–4E was previously used
for the Titan IV program and has been
non-operational since 2005. The FAA’s
Proposed Action is to issue launch and
reentry licenses to SpaceX for Falcon 9
and Falcon Heavy commercial launch
operations at VAFB. Alternatives
analyzed as part of the FONSI/ROD
include (1) the Proposed Action and (2)
No Action Alternative. Under the No
Action Alternative, the FAA would not
issue launch or reentry licenses to
SpaceX for Falcon 9 or Falcon Heavy
commercial launch operations at VAFB.
Based on its independent review and
consideration, the FAA issued a FONSI/
ROD concurring with the analysis of
impacts and findings in the EA and
formally adopting the EA to support the
issuance of launch and reentry licenses
to SpaceX for Falcon 9 and Falcon
Heavy commercial launch operations at
VAFB. After reviewing and analyzing
available data and information on
existing conditions, potential impacts,
and measures to mitigate those impacts,
the FAA has determined that issuing
launch and reentry licenses to SpaceX
for Falcon 9 and Falcon Heavy
commercial launch operations at VAFB
is a Federal action that would not
significantly affect the quality of the
human environment within the meaning
of NEPA. Therefore, the preparation of
an EIS is not required, and the FAA has
issued a FONSI/ROD. The FAA made
this determination in accordance with
all applicable environmental laws and
FAA regulations.
The FAA has posted the EA and
FONSI/ROD on the internet at https://
www.faa.gov/about/office_org/
headquarters_offices/ast/
environmental/nepa_docs/review/
launch/.
Issued in Washington, DC on March 26,
2013.
Daniel P. Murray,
Deputy Manager, Space Transportation
Development Division.
[FR Doc. 2013–08083 Filed 4–5–13; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 4310–13–P
VerDate Mar<15>2010
20:02 Apr 05, 2013
Jkt 229001
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2013–0013]
Proposed Memorandum of
Understanding (MOU) Revision
Assigning Certain Federal
Environmental Responsibilities to the
State of California, Including National
Environmental Policy Act (NEPA)
Authority for Categorical Exclusions
(CEs)
Federal Highway
Administration (FHWA), California
Division, DOT.
ACTION: Notice of proposed MOU,
request for comments.
AGENCY:
This notice announces that
FHWA and the State of California,
acting by and through its Department of
Transportation (State), propose to renew
and amend an MOU between the parties
dated June 7, 2010, 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 and comment
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) FHWA program reviews
would be at no sooner than the 19th
month and no later than the 31st month
in order to give the State adequate time
to implement corrective action plans; (6)
future changes to 23 CFR 771.117(c) and
(d), in addition to Appendix A 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
SUMMARY:
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
for Progress in the 21st Century (MAP–
21).
DATES: Please submit comments on or
before May 8, 2013.
ADDRESSES: You may submit comments,
identified by DOT Document
Management System (DMS) Docket
Number [FHWA–2013–0013], 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. Eastern Time,
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.
Eastern Time, Monday through Friday,
except for Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
FHWA: Mr. Shawn Oliver; by email at
shawn.oliver@dot.gov or by telephone at
(916) 498–5048. The FHWA California
Division Office’s normal business hours
are 8 a.m. to 4:30 p.m. (Pacific Time),
Monday through Friday, except for
Federal Holidays. For State: Mr. Dale
Jones; by email at
dale_jones@dot.ca.gov; by telephone at
(916) 653–5157. The California
Department of Transportation’s normal
business hours are 8 a.m. to 4:30 p.m.
(Pacific Time), Monday through 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://
E:\FR\FM\08APN1.SGM
08APN1
Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
www.regulations.gov or at https://
www.dot.ca.gov/hq/env/nepa_pilot/
html/categorical_exclusion.htm.
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 June
7, 2007, for an initial term of three (3)
years and was subsequently extended
for another three (3) years set to expire
on June 7, 2013. The proposed renewed
and amended MOU will replace the
existing MOU and be in effect for an
additional three (3) years. 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
additional actions identified as
Appendix A, 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.
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.
VerDate Mar<15>2010
20:02 Apr 05, 2013
Jkt 229001
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-togovernment consultations with federally
recognized Indian tribes. The FHWA
PO 00000
Frm 00123
Fmt 4703
Sfmt 9990
21005
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
California 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 California 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.
Issued on: April 2, 2013.
Vincent P. Mammano,
Division Administrator, Sacramento,
California.
[FR Doc. 2013–08103 Filed 4–5–13; 8:45 am]
BILLING CODE P
E:\FR\FM\08APN1.SGM
08APN1
]]>Agencies
[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 21004-21005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08103]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2013-0013]
Proposed Memorandum of Understanding (MOU) Revision Assigning
Certain Federal Environmental Responsibilities to the State of
California, Including National Environmental Policy Act (NEPA)
Authority for Categorical Exclusions (CEs)
AGENCY: Federal Highway Administration (FHWA), California Division,
DOT.
ACTION: Notice of proposed MOU, request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces that FHWA and the State of California,
acting by and through its Department of Transportation (State), propose
to renew and amend an MOU between the parties dated June 7, 2010,
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 and comment 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) FHWA
program reviews would be at no sooner than the 19th month and no later
than the 31st month in order to give the State adequate time to
implement corrective action plans; (6) future changes to 23 CFR
771.117(c) and (d), in addition to Appendix A 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 on or before May 8, 2013.
ADDRESSES: You may submit comments, identified by DOT Document
Management System (DMS) Docket Number [FHWA-2013-0013], 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. Eastern Time, 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. Eastern Time, Monday
through Friday, except for Federal holidays.
FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Shawn Oliver; by email
at shawn.oliver@dot.gov or by telephone at (916) 498-5048. The FHWA
California Division Office's normal business hours are 8 a.m. to 4:30
p.m. (Pacific Time), Monday through Friday, except for Federal
Holidays. For State: Mr. Dale Jones; by email at dale_jones@dot.ca.gov; by telephone at (916) 653-5157. The California
Department of Transportation's normal business hours are 8 a.m. to 4:30
p.m. (Pacific Time), Monday through 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://
[[Page 21005]]
www.regulations.gov or at https://www.dot.ca.gov/hq/env/nepa_pilot/html/categorical_exclusion.htm.
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 June
7, 2007, for an initial term of three (3) years and was subsequently
extended for another three (3) years set to expire on June 7, 2013. The
proposed renewed and amended MOU will replace the existing MOU and be
in effect for an additional three (3) years. 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 additional actions
identified as Appendix A, 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 California 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 California 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.
Issued on: April 2, 2013.
Vincent P. Mammano,
Division Administrator, Sacramento, California.
[FR Doc. 2013-08103 Filed 4-5-13; 8:45 am]
BILLING CODE P
