Proposed Third Renewed Memorandum of Understanding (MOU) Revision Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs), 21441-21442 [2016-08242]
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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
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[FR Doc. 2016–08236 Filed 4–8–16; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2016–0007]
Proposed Third Renewed
Memorandum of Understanding (MOU)
Revision Assigning Certain Federal
Environmental Responsibilities to the
State of California, Including National
Environmental Policy Act (NEPA)
Authority for Certain Categorical
Exclusions (CEs)
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of proposed renewed
MOU, request for comments.
AGENCY:
The FHWA and the State of
California acting by and through its
Department of Transportation (Caltrans),
propose a renewal of the State’s
participation in the 23 U.S.C. 326
program. This program allows FHWA to
assign to States its authority and
responsibility for determining whether
certain designated activities within the
geographic boundaries of the State, as
specified in the proposed Memorandum
of Understanding (MOU), are
categorically excluded from preparation
of an Environmental Assessment or an
Environmental Impact Statement under
the National Environmental Policy Act.
An amended MOU would renew the
State’s participation in the program. The
MOU will be amended by incorporating
the following change: FHWA may
terminate the State’s participation in
this program if FHWA provides the
State a notification of non-compliance,
and a period of not less than 120 days
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:37 Apr 08, 2016
Jkt 238001
to take corrective action as FHWA
determines necessary, and if the State
fails to take satisfactory corrective
action as determined by FHWA.
DATES: Comments must be received on
or before May 11, 2016.
ADDRESSES: You may submit comments
by any of the methods described below.
To ensure that you do not duplicate
your submissions, please submit them
by only one of the means below.
Electronic or facsimile comments are
preferred because Federal offices
experience intermittent mail delays due
to security screening.
Federal eRulemaking Portal: Go to
Web site: https://www.regulations.gov/.
Follow the instructions for submitting
comments on the DOT electronic docket
site (FHWA–2016–0007).
Facsimile (Fax): 1–202–493–2251.
Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590.
Hand Delivery: 1200 New Jersey
Avenue 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 Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. Eastern Time, Monday
through Friday, except for Federal
holidays.
Instructions: You must include the
agency name and docket number at the
beginning of your comments. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: For
FHWA: 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-Friday, except for Federal
holidays. For the State of California:
Tammy Massengale; by email at
tammy.massengale@dot.ca.gov or by
telephone at 916–653–5157. State
business hours are the same as above
although State holidays may not
completely coincide with Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users may reach the Office of
the Federal Register’s home page at:
https://www.archives.gov/ and the
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
21441
Government Printing Office’s database:
https://www.fdsys.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 U.S. Code,
creates a program that allows the
Secretary of the DOT (Secretary) to
assign, and a State to assume,
responsibility for determining whether
certain Federal highway projects are
included within classes of action that
are categorically excluded (CE) from
requirements for Environmental
Assessments or Environmental Impact
Statements pursuant to the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4321 et seq. In
addition, this program allows the
assignment of other environmental
review requirements applicable to
Federal highway projects. The Secretary
delegated his authority to FHWA, which
acts on behalf of the Secretary with
respect to these matters. Through an
amended Memorandum of
Understanding (MOU), FHWA would
renew California’s participation in this
program for a third time. The original
MOU became effective on June 7, 2007,
for an initial term of three (3) years. The
first renewal followed on June 7, 2010,
and the second renewal followed on
June 7, 2013. The proposed third MOU
renewal would supersede the second
renewed MOU prior to its expiration
date on June 7, 2016. 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. The FHWA would assign
statewide decision-making
responsibility for all activities within
the categories listed in 23 CFR
771.117(c) and those listed as examples
in 23 CFR 771.117(d), in addition to
other CEs identified in associated
Appendix A. In addition to the NEPA
CE determination responsibilities, the
MOU would assign to the State the
following FHWA responsibilities for
environmental review, consultation, or
other related actions required under
Federal laws and Executive Orders
applicable to CE projects:
Air Quality
• Clean Air Act, 42 U.S.C. 7401–7671q.
Determinations for project-level
conformity if required for the project.
Noise
• Noise Control Act of 1972, 42 U.S.C.
4901–4918
E:\FR\FM\11APN1.SGM
11APN1
21442
Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
• FHWA noise regulations at 23 CFR
part 772
Hazardous Materials
Wildlife
• Endangered Species Act of 1973, 16
U.S.C. 1531–1544
• Marine Mammal Protection Act, 16
U.S.C. 1361–1423h
• Anadromous Fish Conservation Act,
16 U.S.C. 757a–757f
• 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
1976, as amended, 16 U.S.C. 1801–
1891d
Historic and Cultural Resources
• National Historic Preservation Act of
1966, as amended, 54 U.S.C. 300101
et seq.
• Archeological Resources Protection
Act of 1979,16 U.S.C. 470aa–470mm
• Archeological and Historic
Preservation Act, 16 U.S.C. 469–469c
• Native American Grave Protection
and Repatriation Act, 25 U.S.C. 3001–
3013; 18 U.S.C. 1170
Social and Economic Impacts
• American Indian Religious Freedom
Act, 42 U.S.C. 1996
• Farmland Protection Policy Act, 7
U.S.C. 4201–4209
Water Resources and Wetlands
mstockstill on DSK4VPTVN1PROD with NOTICES
• Clean Water Act, 33 U.S.C. 1251–
1387: (Sections 319, 401, and 404)
• Coastal Barrier Resources Act, 16
U.S.C. 3501–3510
• Coastal Zone Management Act, 16
U.S.C. 1451–1466
• Safe Drinking Water Act, 42 U.S.C.
300f–300j–26
• Rivers and Harbors Act of 1899, 33
U.S.C. 403
• Wild and Scenic Rivers Act, 16 U.S.C.
1271–1287
• Emergency Wetlands Resources Act,
16 U.S.C. 3901 and 3921
• Wetlands Mitigation 23 U.S.C. 119(g)
and 133(b)(14)
• FHWA wetland and natural habitat
mitigation regulations at 23 CFR part
777
• Flood Disaster Protection Act, 42
U.S.C. 4001–4130
Parklands and Other Special Land Uses
• Section 4(f), 23 U.S.C. 138 and 49
U.S.C. 303
• FHWA/FTA Section 4(f) Regulations
at 23 CFR part 774
• Land and Water Conservation Fund,
16 U.S.C. 460l–4–460l–11
VerDate Sep<11>2014
18:37 Apr 08, 2016
Jkt 238001
• Comprehensive Environmental
Response, Compensation, and
Liability Act, 42 U.S.C. 9601–9675
• Superfund Amendments and
Reauthorization Act of 1986, 42
U.S.C. 9671–9675
• Resource Conservation and Recovery
Act, 42 U.S.C. 6901–6992k
Executive Orders Relating to Highway
Projects
• E.O. 11990—Protection of Wetlands
• E.O. 11988—Floodplain Management,
as amended by E.O. 13690—
Establishing a Federal Flood Risk
Management Standard and a Process
for Further Soliciting and Considering
Stakeholder Input
• E.O. 12898—Federal Actions to
Address Environmental Justice in
Minority Populations and Low
Income Populations
• E.O. 13112—Invasive Species
FHWA-Specific
• Planning and Environmental
Linkages, 23 U.S.C. 168, with the
exception of those FHWA
responsibilities associated with 23
U.S.C. 134 and 135.
• Programmatic Mitigation Plans, 23
U.S.C. 169 with the exception of those
FHWA responsibilities associated
with 23 U.S.C. 134 and 135.
The MOU allows the State to act in
the place of 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 may assist FHWA with formal
consultations, with consent of a tribe,
but 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 project
meeting the criteria in Stipulation I(B)
of the MOU that were determined to be
CEs prior to the effective date of the
proposed MOU but that have not been
completed as of the effective date of the
MOU.
This is the proposed third renewal of
the State’s participation in the program
and incorporates changes in the
termination process from the Fixing
America’s Surface Transportation
(FAST) Act, Public Law 114–94,129
Stat. 1312 (Dec. 4, 2015). Section 1307
of the FAST Act amended 23 U.S.C. 326
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
to allow FHWA to terminate the State’s
participation in this program if FHWA
provides the State a notification of noncompliance and a period of not less than
120 days to take corrective action as
FHWA determines necessary, and if the
State fails to take satisfactory corrective
action as determined by FHWA. In
previous versions of the MOU the
period for the State to take corrective
action was 30 days.
The FHWA will consider the
comments submitted on the proposed
MOU when making its decision on
whether to execute this renewal MOU.
The FHWA will make the final,
executed MOU publicly available.
(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; 49 CFR 1.85; 40 CFR
1507.3, 1508.4.
Mike Duman,
California Chief Operating Officer, Federal
Highway Administration.
[FR Doc. 2016–08242 Filed 4–8–16; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Modified Collector Street
in California; Statute of Limitations on
Claims
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of limitation on claims
for judicial review of actions by the
California Department of Transportation
(Caltrans), pursuant to 23 U.S.C. 327.
AGENCY:
The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans that
are final within the meaning of 23
U.S.C. 139(l)(1). The actions relate to the
proposed extension of Century
Boulevard from Grape Street to Alameda
Street within the City of Los Angeles in
the County of Los Angeles, State of
California. Those actions grant licenses,
permits, and approvals for the project.
DATES: By this notice, the FHWA, on
behalf of Caltrans, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal agency
actions on the roadway project will be
barred unless the claim is filed on or
before September 8, 2016. If the Federal
SUMMARY:
E:\FR\FM\11APN1.SGM
11APN1
Agencies
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21441-21442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08242]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2016-0007]
Proposed Third Renewed Memorandum of Understanding (MOU) Revision
Assigning Certain Federal Environmental Responsibilities to the State
of California, Including National Environmental Policy Act (NEPA)
Authority for Certain Categorical Exclusions (CEs)
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed renewed MOU, request for comments.
-----------------------------------------------------------------------
SUMMARY: The FHWA and the State of California acting by and through its
Department of Transportation (Caltrans), propose a renewal of the
State's participation in the 23 U.S.C. 326 program. This program allows
FHWA to assign to States its authority and responsibility for
determining whether certain designated activities within the geographic
boundaries of the State, as specified in the proposed Memorandum of
Understanding (MOU), are categorically excluded from preparation of an
Environmental Assessment or an Environmental Impact Statement under the
National Environmental Policy Act. An amended MOU would renew the
State's participation in the program. The MOU will be amended by
incorporating the following change: FHWA may terminate the State's
participation in this program if FHWA provides the State a notification
of non-compliance, and a period of not less than 120 days to take
corrective action as FHWA determines necessary, and if the State fails
to take satisfactory corrective action as determined by FHWA.
DATES: Comments must be received on or before May 11, 2016.
ADDRESSES: You may submit comments by any of the methods described
below. To ensure that you do not duplicate your submissions, please
submit them by only one of the means below. Electronic or facsimile
comments are preferred because Federal offices experience intermittent
mail delays due to security screening.
Federal eRulemaking Portal: Go to Web site: https://www.regulations.gov/. Follow the instructions for submitting comments
on the DOT electronic docket site (FHWA-2016-0007).
Facsimile (Fax): 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: 1200 New Jersey Avenue 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 Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m. Eastern Time, Monday
through Friday, except for Federal holidays.
Instructions: You must include the agency name and docket number at
the beginning of your comments. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: For FHWA: 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-Friday, except for Federal holidays. For
the State of California: Tammy Massengale; by email at
tammy.massengale@dot.ca.gov or by telephone at 916-653-5157. State
business hours are the same as above although State holidays may not
completely coincide with Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users may reach the Office of the Federal Register's home
page at: https://www.archives.gov/ and the Government Printing Office's
database: https://www.fdsys.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 U.S. Code, creates a program that allows
the Secretary of the DOT (Secretary) to assign, and a State to assume,
responsibility for determining whether certain Federal highway projects
are included within classes of action that are categorically excluded
(CE) from requirements for Environmental Assessments or Environmental
Impact Statements pursuant to the National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4321 et seq. In addition, this program allows
the assignment of other environmental review requirements applicable to
Federal highway projects. The Secretary delegated his authority to
FHWA, which acts on behalf of the Secretary with respect to these
matters. Through an amended Memorandum of Understanding (MOU), FHWA
would renew California's participation in this program for a third
time. The original MOU became effective on June 7, 2007, for an initial
term of three (3) years. The first renewal followed on June 7, 2010,
and the second renewal followed on June 7, 2013. The proposed third MOU
renewal would supersede the second renewed MOU prior to its expiration
date on June 7, 2016. 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.
The FHWA would assign statewide decision-making responsibility for all
activities within the categories listed in 23 CFR 771.117(c) and those
listed as examples in 23 CFR 771.117(d), in addition to other CEs
identified in associated Appendix A. In addition to the NEPA CE
determination responsibilities, the MOU would assign to the State the
following FHWA responsibilities for environmental review, consultation,
or other related actions required under Federal laws and Executive
Orders applicable to CE projects:
Air Quality
Clean Air Act, 42 U.S.C. 7401-7671q. Determinations for
project-level conformity if required for the project.
Noise
Noise Control Act of 1972, 42 U.S.C. 4901-4918
[[Page 21442]]
FHWA noise regulations at 23 CFR part 772
Wildlife
Endangered Species Act of 1973, 16 U.S.C. 1531-1544
Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
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
1976, as amended, 16 U.S.C. 1801-1891d
Historic and Cultural Resources
National Historic Preservation Act of 1966, as amended, 54
U.S.C. 300101 et seq.
Archeological Resources Protection Act of 1979,16 U.S.C.
470aa-470mm
Archeological and Historic Preservation Act, 16 U.S.C. 469-
469c
Native American Grave Protection and Repatriation Act, 25
U.S.C. 3001-3013; 18 U.S.C. 1170
Social and Economic Impacts
American Indian Religious Freedom Act, 42 U.S.C. 1996
Farmland Protection Policy Act, 7 U.S.C. 4201-4209
Water Resources and Wetlands
Clean Water Act, 33 U.S.C. 1251-1387: (Sections 319, 401, and
404)
Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
Coastal Zone Management Act, 16 U.S.C. 1451-1466
Safe Drinking Water Act, 42 U.S.C. 300f-300j-26
Rivers and Harbors Act of 1899, 33 U.S.C. 403
Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
Wetlands Mitigation 23 U.S.C. 119(g) and 133(b)(14)
FHWA wetland and natural habitat mitigation regulations at 23
CFR part 777
Flood Disaster Protection Act, 42 U.S.C. 4001-4130
Parklands and Other Special Land Uses
Section 4(f), 23 U.S.C. 138 and 49 U.S.C. 303
FHWA/FTA Section 4(f) Regulations at 23 CFR part 774
Land and Water Conservation Fund, 16 U.S.C. 460l-4-460l-11
Hazardous Materials
Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9601-9675
Superfund Amendments and Reauthorization Act of 1986, 42
U.S.C. 9671-9675
Resource Conservation and Recovery Act, 42 U.S.C. 6901-6992k
Executive Orders Relating to Highway Projects
E.O. 11990--Protection of Wetlands
E.O. 11988--Floodplain Management, as amended by E.O. 13690--
Establishing a Federal Flood Risk Management Standard and a Process for
Further Soliciting and Considering Stakeholder Input
E.O. 12898--Federal Actions to Address Environmental Justice
in Minority Populations and Low Income Populations
E.O. 13112--Invasive Species
FHWA-Specific
Planning and Environmental Linkages, 23 U.S.C. 168, with the
exception of those FHWA responsibilities associated with 23 U.S.C. 134
and 135.
Programmatic Mitigation Plans, 23 U.S.C. 169 with the
exception of those FHWA responsibilities associated with 23 U.S.C. 134
and 135.
The MOU allows the State to act in the place of 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 may assist FHWA with formal consultations, with
consent of a tribe, but 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 project meeting the criteria in Stipulation I(B) of the
MOU that were determined to be CEs prior to the effective date of the
proposed MOU but that have not been completed as of the effective date
of the MOU.
This is the proposed third renewal of the State's participation in
the program and incorporates changes in the termination process from
the Fixing America's Surface Transportation (FAST) Act, Public Law 114-
94,129 Stat. 1312 (Dec. 4, 2015). Section 1307 of the FAST Act amended
23 U.S.C. 326 to allow FHWA to terminate the State's participation in
this program if FHWA provides the State a notification of non-
compliance and a period of not less than 120 days to take corrective
action as FHWA determines necessary, and if the State fails to take
satisfactory corrective action as determined by FHWA. In previous
versions of the MOU the period for the State to take corrective action
was 30 days.
The FHWA will consider the comments submitted on the proposed MOU
when making its decision on whether to execute this renewal MOU. The
FHWA will make the final, executed MOU publicly available.
(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;
49 CFR 1.85; 40 CFR 1507.3, 1508.4.
Mike Duman,
California Chief Operating Officer, Federal Highway Administration.
[FR Doc. 2016-08242 Filed 4-8-16; 8:45 am]
BILLING CODE 4910-22-P