Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State of Texas for Categorical Exclusions, 45599-45600 [2013-18115]

Download as PDF Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices FOR FURTHER INFORMATION CONTACT: Roderick T. Nicholson, Program Manager, Jackson Airports District Office, 100 West Cross Street, Suite B, Jackson, MS 39208–2307, (601)664– 9884. The land release request may be reviewed in person at this same location. The FAA is reviewing a request by the HuntsvilleMadison County Airport Authority to release 4.58 acres of surplus property at the Huntsville International Airport. The property will be purchased by the Alabama Department of Transportation (ALDOT), which is a state transportation organization. The property released will be used for the interchange project off Interstate Route 565. The net proceeds from the sale of this property will be used for FAA approved airport purposes. Any person may inspect the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the request, notice and other documents germane to the request in person at the office of the HuntsvilleMadison County Airport Authority. SUPPLEMENTARY INFORMATION: Issued in Jackson, Mississippi on July 19, 2013. Rans D. Black, Manager, Jackson Airports District Office, Southern Region. [FR Doc. 2013–18131 Filed 7–26–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA—2013–0040] Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State of Texas for Categorical Exclusions Federal Highway Administration (FHWA), Texas Division Office, DOT. ACTION: Notice of proposed MOU and request for comments. AGENCY: This notice announces that the FHWA and the Texas Department of Transportation (State) have developed a proposed MOU, pursuant to 23 U.S.C. 326, under which the FHWA would assign to the State the FHWA’s responsibility for determining whether a project is categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:00 Jul 26, 2013 Jkt 229001 Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. (NEPA), and for carrying out certain other responsibilities for conducting environmental reviews, consultations, and related activities for Federal-aid highway projects. The public is invited to comment on any aspect of the proposed MOU, including the proposed designations of categorical exclusions and scope of environmental review, consultation and other activities to be assigned. DATES: Please submit comments by August 28, 2013. ADDRESSES: You may submit comments, identified by DOT Document Management System (DMS) Docket Number FHWA–2013–0040, 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: Michael T. Leary, Director of Planning and Program Development, Federal Highway Administration Texas Division, 300 E. 8 St., Room 826, Austin, TX 78701, 7:00 a.m.—4:30 p.m. (CST), (512) 536–5940, michael.leary@dot.gov. Carlos H. Swonke, P.G., Director Environmental Affairs Division, Texas Department of Transportation, 125 E. 11th St., Austin, TX 78701, 8:00 a.m.—5: p.m. (CST), (512) 416–2734, carlos.swonke@txdot.gov. 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 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 45599 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. Under the proposed MOU, the FHWA would assign to the State the responsibility for making decisions on the following types of categorical exclusions: 1. Activities listed in 23 CFR 771.117(c); 2. Activities listed in 23 CFR 771.117(d). The assignment also would give the State the responsibility to conduct the following environmental review, consultation, and other related activities: 1. Air Quality • Clean Air Act (CAA), 42 U.S.C. 7401–7671q. Any determinations that do not involve conformity. 2. Noise • Compliance with the noise regulations in 23 CFR 772. 3. Wildlife • Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531–1544, and Section 1536 • Marine Mammal Protection Act, 16 U.S.C. 1361 • Anadromous Fish Conservation Act, 16 U.S.C. 757a–757g • Fish and Wildlife Coordination Act, 16 U.S.C. 661–667d • Migratory Bird Treaty Act, 16 U.S.C. 703–712 • Magnuson-Stevens Fishery Conservation and Management Act of E:\FR\FM\29JYN1.SGM 29JYN1 45600 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 9. Executive Orders Relating to Highway Projects 1976, as amended, 16 U.S.C. 1801 et seq., with Essential Fish Habitat requirements at 1855(b)(1)(B) 4. Historic and Cultural Resources • Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470(f) et seq. • 23 U.S.C. 138 and Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303 and implementing regulations at 23 CFR Part 774 • Archeological Resources Protection Act of 1977, 16 U.S.C. 470(aa)–11 • Archeological and Historic Preservation Act of 1966, as amended, 16 U.S.C. 469–469(c) • Native American Grave Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001–30131 5. Social and Economic Impacts • American Indian Religious Freedom Act, 42 U.S.C. 19961 • Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201–4209 6. Water Resources and Wetlands • Clean Water Act, 33 U.S.C. 1251–1377 ¥ Section 404, Section 401, Section 319 • Coastal Barrier Resources Act, 16 U.S.C. 3501–3510 • Coastal Zone Management Act, 16 U.S.C. 1451–1465 • Safe Drinking Water Act (SDWA), 42 U.S.C. 300f–300j–6 • Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. 401–406 • Section 9 of the Rivers and Harbors Act of 1899,(General Bridge Act) Navigability Determinations and Lighting Exemption Waivers • Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287 • Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931 • TEA–21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133 (b)(11) • Flood Disaster Protection Act, 42 U.S.C. 4001–4128 7. Parklands • Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303 • Land and Water Conservation Fund (LWCF) Act, 16 U.S.C. 4601–4 mstockstill on DSK4VPTVN1PROD with NOTICES 8. Hazardous Materials • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675 • Superfund Amendments and Reauthorization Act of 1986 (SARA) • Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901–6992k VerDate Mar<15>2010 18:00 Jul 26, 2013 Jkt 229001 • 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. 13112, Invasive Species The MOU would allow 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-togovernment consultation with federally recognized Indian tribes, which is required under some of the listed laws and executive orders. The State will continue to handle routine consultations with the tribes and understands that a tribe has the right to direct consultation with the FHWA upon request. The State also may assist the FHWA with formal consultations, with consent of a tribe, but the FHWA remains responsible for the consultation. A copy of the proposed MOU 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 on the State’s Web site at www.txdot.gov. The FHWA Texas 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 MOU. Once the FHWA makes a decision on the proposed MOU, 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. Copies of those documents also may be obtained by contacting the FHWA or the State at the addresses provided above, or by viewing the documents at the State’s Web site at www.txdot.gov. (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. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Issued on: July 24, 2013. Michael T. Leary, Director of Planning and Program Development, FHWA, Austin, Texas. [FR Doc. 2013–18115 Filed 7–26–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0176; Notice 2] Adrian Steel Company, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of petition grant. AGENCY: Adrian Steel Company (Adrian), on behalf of Commercial Truck and Van Equipment, Inc. (CTV), determined that certain Model Year 2006–2008 incomplete vehicles that CTV completed as trucks did not fully comply with paragraphs S4.3(a), S4.3(c) and S4.3(d) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less. Adrian has filed an appropriate report dated June 10, 2008 pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h), and 49 CFR Part 556, on June 10, 2008, Adrian submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. 30118 and 30120 on the basis that this noncompliance is inconsequential to motor vehicle safety. NHTSA published a notice of receipt of the petition, with a 30-day public comment period, on December 10, 2008, in the Federal Register, 73 FR 75171. In response to the petition, NHTSA did not receive any comments. To view the petition and all supporting documents, log onto the Federal Docket Management System (FDMS) Web site at: https:// www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2008–0176.’’ FOR FURTHER INFORMATION CONTACT: For further information on this decision, contact Mr. Harry Thompson, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5289, facsimile (202) 366–5930. Relevant Requirements of FMVSS No. 110: Among other things, FMVSS No. 110 requires certain information to be specified on the tire and loading SUMMARY: E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45599-45600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18115]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA--2013-0040]


Proposed Memorandum of Understanding (MOU) Assigning 
Environmental Responsibilities to the State of Texas for Categorical 
Exclusions

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

ACTION: Notice of proposed MOU and request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the FHWA and the Texas Department 
of Transportation (State) have developed a proposed MOU, pursuant to 23 
U.S.C. 326, under which the FHWA would assign to the State the FHWA's 
responsibility for determining whether a project is 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), and for carrying out 
certain other responsibilities for conducting environmental reviews, 
consultations, and related activities for Federal-aid highway projects. 
The public is invited to comment on any aspect of the proposed MOU, 
including the proposed designations of categorical exclusions and scope 
of environmental review, consultation and other activities to be 
assigned.

DATES: Please submit comments by August 28, 2013.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number FHWA-2013-0040, 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:
Michael T. Leary, Director of Planning and Program Development, Federal 
Highway Administration Texas Division, 300 E. 8 St., Room 826, Austin, 
TX 78701, 7:00 a.m.--4:30 p.m. (CST), (512) 536-5940, 
michael.leary@dot.gov.
Carlos H. Swonke, P.G., Director Environmental Affairs Division, Texas 
Department of Transportation, 125 E. 11th St., Austin, TX 78701, 8:00 
a.m.--5: p.m. (CST), (512) 416-2734, carlos.swonke@txdot.gov.

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 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.
    Under the proposed MOU, the FHWA would assign to the State the 
responsibility for making decisions on the following types of 
categorical exclusions:
    1. Activities listed in 23 CFR 771.117(c);
    2. Activities listed in 23 CFR 771.117(d).
    The assignment also would give the State the responsibility to 
conduct the following environmental review, consultation, and other 
related activities:

1. Air Quality

     Clean Air Act (CAA), 42 U.S.C. 7401-7671q. Any 
determinations that do not involve conformity.

2. Noise

     Compliance with the noise regulations in 23 CFR 772.

3. Wildlife

     Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 
1531-1544, and Section 1536
     Marine Mammal Protection Act, 16 U.S.C. 1361
     Anadromous Fish Conservation Act, 16 U.S.C. 757a-757g
     Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
     Migratory Bird Treaty Act, 16 U.S.C. 703-712
     Magnuson-Stevens Fishery Conservation and Management Act 
of

[[Page 45600]]

1976, as amended, 16 U.S.C. 1801 et seq., with Essential Fish Habitat 
requirements at 1855(b)(1)(B)

4. Historic and Cultural Resources

 Section 106 of the National Historic Preservation Act of 1966, 
as amended, 16 U.S.C. 470(f) et seq.
 23 U.S.C. 138 and Section 4(f) of the Department of 
Transportation Act of 1966, 49 U.S.C. 303 and implementing regulations 
at 23 CFR Part 774
 Archeological Resources Protection Act of 1977, 16 U.S.C. 
470(aa)-11
 Archeological and Historic Preservation Act of 1966, as 
amended, 16 U.S.C. 469-469(c)
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-30131

5. Social and Economic Impacts

 American Indian Religious Freedom Act, 42 U.S.C. 19961
 Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209

6. Water Resources and Wetlands

 Clean Water Act, 33 U.S.C. 1251-1377
- Section 404, Section 401, Section 319
 Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
 Coastal Zone Management Act, 16 U.S.C. 1451-1465
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6
 Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. 
401-406
 Section 9 of the Rivers and Harbors Act of 1899,(General 
Bridge Act) Navigability Determinations and Lighting Exemption Waivers
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931
 TEA-21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133 
(b)(11)
 Flood Disaster Protection Act, 42 U.S.C. 4001-4128

7. Parklands

 Section 4(f) of the Department of Transportation Act of 1966, 
49 U.S.C. 303
 Land and Water Conservation Fund (LWCF) Act, 16 U.S.C. 4601-4

8. Hazardous Materials

 Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act of 1986 (SARA)
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k

9. 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. 13112, Invasive Species

    The MOU would allow 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 listed laws and executive 
orders. The State will continue to handle routine consultations with 
the tribes and understands that a tribe has the right to direct 
consultation with the FHWA upon request. The State also may assist the 
FHWA with formal consultations, with consent of a tribe, but the FHWA 
remains responsible for the consultation.
    A copy of the proposed MOU 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 on the 
State's Web site at www.txdot.gov.
    The FHWA Texas 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 
MOU. Once the FHWA makes a decision on the proposed MOU, 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. Copies of those 
documents also may be obtained by contacting the FHWA or the State at 
the addresses provided above, or by viewing the documents at the 
State's Web site at www.txdot.gov.
(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: July 24, 2013.
Michael T. Leary,
Director of Planning and Program Development, FHWA, Austin, Texas.
[FR Doc. 2013-18115 Filed 7-26-13; 8:45 am]
BILLING CODE 4910-22-P
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