Proposed Third Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Utah, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs), 22718-22719 [2017-09968]

Download as PDF nlaroche on DSK30NT082PROD with NOTICES 22718 Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices (Pub. L. 114–94) continues the Highway Safety Improvement Program (HSIP) as a core federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal lands. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads that focuses on performance. The existing provisions of Title 23 U.S.C. Sections 130, Railway-Highway Crossings Program,, as well as implementing regulations in 23 CFR 924, remain in effect. Included in these combined provisions are requirements for State DOTs to annually produce and submit to FHWA by August 31 reports related to the implementation and effectiveness of their HSIPs, that are to include information on: (a) Progress being made to implement HSIP projects and the effectiveness of these projects in reducing traffic fatalities and serious injuries [Sections 148(h)]; and (b) progress being made to implement the Railway-Highway Crossings Program and the effectiveness of the projects in that program [Sections 130(g) and 148(h)], which will be used by FHWA to produce and submit biennial reports to Congress. To be able to produce these reports, State DOTs must have safety data and analysis systems capable of identifying and determining the relative severity of hazardous highway locations on all public roads, based on both crash experience and crash potential, as well as determining the effectiveness of highway safety improvement projects. FHWA provides an online reporting tool to support the annual HSIP reporting process. Additional information is available on the Office of Safety Web site at http://safety.fhwa.dot.gov/hsip/ resources/onrpttool/. Reporting into the online reporting tool meets all report requirements and USDOT Web site compatibility requirements. The information contained in the annual HSIP reports provides FHWA with a means for monitoring the effectiveness of these programs and may be used by Congress for determining the future HSIP program structure and funding levels. Respondents: 51 State Transportation Departments, including the District of Columbia. Frequency: Annually. Estimated Average Burden per Response: 250 hours. Estimated Total Annual Burden Hours: 12,750 hours (51 states at an average of 250 hours each). Electronic Access: For access to the docket to read background documents or comments received, go to http:// VerDate Sep<11>2014 15:18 May 16, 2017 Jkt 241001 www.regulations.gov. Follow the online instructions for accessing the dockets. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued on: May 11, 2017. Michael Howell, Information Collection Officer. [FR Doc. 2017–09899 Filed 5–16–17; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2017–0009] Proposed Third Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Utah, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs) Federal Highway Administration (FHWA), Department of Transportation. ACTION: Notice of proposed MOU, request for comments. AGENCY: The FHWA and the State of Utah, acting by and through its Department of Transportation (State), propose a renewal of the State’s participation in the State Assumption of Responsibility for Categorical Exclusions. 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 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 (Section 1307 of the Fixing America’s Surface Transportation [FAST] Act [Pub. L. 114– 94]). DATES: Comments must be received on or before June 16, 2017. ADDRESSES: You may submit comments, identified by DOT Document SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Management System (DMS) Docket Number [FHWA–2017–0009], by any of the methods described below. Electronic or facsimile comments are preferred because Federal offices experience intermittent mail delays from security screening. Web site: http://www.regulations.gov/. Follow the instructions for submitting comments on the DOT electronic docket site. Facsimile (Fax): 1–202–493–2251. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. 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 http:// 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. Edward Woolford, Environmental Program Manager, Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt Lake City, UT 84129; by email at Edward.woolford@dot.gov or by telephone at 801–955–3524. The FHWA Utah Division Office’s normal business hours are 7 a.m. to 4:30 p.m. (Mountain), Monday-Friday, except for Federal Holidays. For State: Mr. Brandon Weston, Environmental Services Director, Utah Department of Transportation, 4501 South 4700 West, Salt Lake City, UT 84129; by email at Brandonweston@Utah.gov or by telephone at 801–965–4603. The Utah Department of Transportation’s normal business hours are 8 a.m. to 5 p.m. (Mountain), Monday-Friday, except for State and Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access: Internet users may reach the Office of the Federal Register’s home page at: http://www.archives.gov/ and the Government Printing Office’s database: http://www.fdsys.gov/. An electronic version of the proposed MOU may be downloaded by accessing the DOT DMS docket, as described above, at http://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 highway projects are included within classes of action that are categorically excluded (CE) from E:\FR\FM\17MYN1.SGM 17MYN1 nlaroche on DSK30NT082PROD with NOTICES Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices requirements for environmental assessments or environmental impact statements pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. (NEPA). In addition, this program allows the assignment of other environmental review requirements applicable to these actions. The FHWA is authorized to act on behalf of the Secretary with respect to these matters. Through an amended MOU, FHWA would renew Utah’s participation in this program for a third time. The original MOU became effective on July 1, 2008, for an initial term of three (3) years and the first renewal followed on June 30, 2011 and the second renewal followed on June 30, 2014. The proposed third MOU revision is set to supersede the second renewed MOU prior to its expiration date on June 30, 2017. 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) and those listed as examples in 23 CFR 771.117(d). In addition to the NEPA CE determination responsibilities, the MOU would assign 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. Noise Control Act of 1972, 42 U.S.C. 4901–4918. 3. Compliance with the noise regulations in 23 CFR 772. 4. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531– 1544, and Section 1536. 5. Fish and Wildlife Coordination Act, 16 U.S.C. 661–667d. 6. Migratory Bird Treaty Act, 16 U.S.C. 703–712. 7. Section 106 of the National Historic Preservation Act of 1966, as amended, 54 U.S.C. 306101 et seq. 8. Archeological and Historic Preservation Act of 1966, as amended, 54 U.S.C. 3201. 9. Archeological and Historic Preservation Act, 16 U.S.C. 469–469c. 10. American Indian Religious Freedom Act, 42 U.S.C. 1996. 11. Native American Grave Protection and Repatriation Act, 25 U.S.C. 3001– 3013; 18 U.S.C. 1170. 12. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201–4209. VerDate Sep<11>2014 15:18 May 16, 2017 Jkt 241001 13. Clean Water Act, 33 U.S.C. 1251– 1377 (Section 404, Section 401, Section 319). 14. Coastal Barrier Resources Act, 16 U.S.C. 3501–3510. 15. Coastal Zone Management Act, 16 U.S.C. 1451–1465. 16. Safe Drinking Water Act (SDWA), 42 U.S.C. 300f–300j–6. 17. Rivers and Harbors Act of 1899, 33 U.S.C. 403. 18. Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287. 19. Emergency Wetlands Resources Act, 16 U.S.C. 3921–3931. 20. TEA–21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133 (b)(11). 21. FHWA wetland and natural habitat mitigation regulations at 23 CFR part 777. 22. Flood Disaster Protection Act, 42 U.S.C. 4001–4128. 23. Section 4(f), 23 U.S.C. 138 and 49 U.S.C., 303. 24. Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604 (known as section 6(f)). 25. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675. 26. Superfund Amendments and Reauthorization Act of 1986 (SARA). 27. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901– 6992k. 28. 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. 29. Programmatic Mitigation Plans, 23 U.S.C. 169 with the exception of those FHWA responsibilities associated with 23 U.S.C. 134 and 135. 30. 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 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 22719 includes transfer to the State of Utah 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 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 incorporate changes in the termination process from the FAST Act. FHWA may 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; 40 CFR 1507.3, 1508.4. Issued on: May 8, 2017. Ivan Marrero, Division Administrator, Salt Lake City, Utah. [FR Doc. 2017–09968 Filed 5–16–17; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANPORTATION Federal Highway Administration Notice of Final Federal Agency Actions of Proposed Highway in California 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, and the United States National Park Service, Death Valley National Park (NPS). AGENCY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans and NPS, that are final. The actions relate to a proposed highway project, State Route SUMMARY: E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22718-22719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09968]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2017-0009]


Proposed Third Renewed Memorandum of Understanding (MOU) 
Assigning Certain Federal Environmental Responsibilities to the State 
of Utah, Including National Environmental Policy Act (NEPA) Authority 
for Certain Categorical Exclusions (CEs)

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation.

ACTION: Notice of proposed MOU, request for comments.

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

SUMMARY: The FHWA and the State of Utah, acting by and through its 
Department of Transportation (State), propose a renewal of the State's 
participation in the State Assumption of Responsibility for Categorical 
Exclusions. 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 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 (Section 1307 of the Fixing America's 
Surface Transportation [FAST] Act [Pub. L. 114-94]).

DATES: Comments must be received on or before June 16, 2017.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number [FHWA-2017-0009], by any of the 
methods described below. Electronic or facsimile comments are preferred 
because Federal offices experience intermittent mail delays from 
security screening.
    Web site: http://www.regulations.gov/. Follow the instructions for 
submitting comments on the DOT electronic docket site. Facsimile (Fax): 
1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590.
    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 http://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. Edward Woolford, 
Environmental Program Manager, Federal Highway Administration, 2520 
West 4700 South, Suite 9A, Salt Lake City, UT 84129; by email at 
Edward.woolford@dot.gov or by telephone at 801-955-3524. The FHWA Utah 
Division Office's normal business hours are 7 a.m. to 4:30 p.m. 
(Mountain), Monday-Friday, except for Federal Holidays. For State: Mr. 
Brandon Weston, Environmental Services Director, Utah Department of 
Transportation, 4501 South 4700 West, Salt Lake City, UT 84129; by 
email at Brandonweston@Utah.gov or by telephone at 801-965-4603. The 
Utah Department of Transportation's normal business hours are 8 a.m. to 
5 p.m. (Mountain), Monday-Friday, except for State and Federal 
holidays.

SUPPLEMENTARY INFORMATION: 
    Electronic Access: Internet users may reach the Office of the 
Federal Register's home page at: http://www.archives.gov/ and the 
Government Printing Office's database: http://www.fdsys.gov/. An 
electronic version of the proposed MOU may be downloaded by accessing 
the DOT DMS docket, as described above, at http://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 highway 
projects are included within classes of action that are categorically 
excluded (CE) from

[[Page 22719]]

requirements for environmental assessments or environmental impact 
statements pursuant to the National Environmental Policy Act of 1969, 
42 U.S.C. 4321 et seq. (NEPA). In addition, this program allows the 
assignment of other environmental review requirements applicable to 
these actions. The FHWA is authorized to act on behalf of the Secretary 
with respect to these matters. Through an amended MOU, FHWA would renew 
Utah's participation in this program for a third time. The original MOU 
became effective on July 1, 2008, for an initial term of three (3) 
years and the first renewal followed on June 30, 2011 and the second 
renewal followed on June 30, 2014. The proposed third MOU revision is 
set to supersede the second renewed MOU prior to its expiration date on 
June 30, 2017. 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) and those listed as 
examples in 23 CFR 771.117(d). In addition to the NEPA CE determination 
responsibilities, the MOU would assign 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. Noise Control Act of 1972, 42 U.S.C. 4901-4918.
    3. Compliance with the noise regulations in 23 CFR 772.
    4. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544, and Section 1536.
    5. Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d.
    6. Migratory Bird Treaty Act, 16 U.S.C. 703-712.
    7. Section 106 of the National Historic Preservation Act of 1966, 
as amended, 54 U.S.C. 306101 et seq.
    8. Archeological and Historic Preservation Act of 1966, as amended, 
54 U.S.C. 3201.
    9. Archeological and Historic Preservation Act, 16 U.S.C. 469-469c.
    10. American Indian Religious Freedom Act, 42 U.S.C. 1996.
    11. Native American Grave Protection and Repatriation Act, 25 
U.S.C. 3001-3013; 18 U.S.C. 1170.
    12. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209.
    13. Clean Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 401, 
Section 319).
    14. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510.
    15. Coastal Zone Management Act, 16 U.S.C. 1451-1465.
    16. Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6.
    17. Rivers and Harbors Act of 1899, 33 U.S.C. 403.
    18. Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287.
    19. Emergency Wetlands Resources Act, 16 U.S.C. 3921-3931.
    20. TEA-21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133 
(b)(11).
    21. FHWA wetland and natural habitat mitigation regulations at 23 
CFR part 777.
    22. Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
    23. Section 4(f), 23 U.S.C. 138 and 49 U.S.C., 303.
    24. Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604 
(known as section 6(f)).
    25. Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675.
    26. Superfund Amendments and Reauthorization Act of 1986 (SARA).
    27. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k.
    28. 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.
    29. Programmatic Mitigation Plans, 23 U.S.C. 169 with the exception 
of those FHWA responsibilities associated with 23 U.S.C. 134 and 135.
    30. 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 Utah 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 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 incorporate changes in the 
termination process from the FAST Act. FHWA may 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; 
40 CFR 1507.3, 1508.4.

    Issued on: May 8, 2017.
Ivan Marrero,
Division Administrator, Salt Lake City, Utah.
[FR Doc. 2017-09968 Filed 5-16-17; 8:45 am]
 BILLING CODE 4910-22-P