Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Arizona, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs), 49258-49260 [2017-23011]

Download as PDF 49258 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices Regulatory Affairs, Attention: Desk Officer, Selective Service System, Office of Management and Budget, New Executive Office Building, Room 3235, Washington, DC 20503. Donald M. Benton, Director. [FR Doc. 2017–23010 Filed 10–23–17; 8:45 am] SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2017–0058] Notice of Senior Executive Service Performance Review Board Membership Social Security Administration. Notice of Senior Executive Service Performance Review Board Membership. AGENCY: ACTION: Title 5, U.S. Code, 4314(c)(4), requires that the appointment of Performance Review Board members be published in the Federal Register before service on said Board begins. The following persons will serve on the Performance Review Board which oversees the evaluation of performance appraisals of Senior Executive Service members of the Social Security Administration: Michael Kramer Bonnie Doyle * Joanne Gasparini Erik Hansen * John Lee Joseph Lytle * Natalie Lu Dan Parry * Patrice Stewart * New Member Marianna LaCanfora, Deputy Commissioner for Human Resources. [FR Doc. 2017–22961 Filed 10–23–17; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2017–83] asabaliauskas on DSKBBXCHB2PROD with NOTICES Petition for Exemption; Summary of Petition Received Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of VerDate Sep<11>2014 20:13 Oct 23, 2017 Jkt 244001 Comments on this petition must identify the petition docket number involved and must be received on or before November 13, 2017. ADDRESSES: Send comments identified by docket number FAA–2017–0919 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, AIR–673, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057–3356, email Lynette.Mitterer@faa.gov, phone (425) 227–1047; or Alphonso Pendergrass, ARM–200, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, email alphonso.pendergrass@faa.gov, phone (202) 267–4713. DATES: BILLING CODE 8015–01–P SUMMARY: this notice is to improve the public’s awareness of, and participation in, this aspect of the FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 This notice is published pursuant to 14 CFR 11.85. Suzanne Masterson, Acting Manager, Transport Standards Branch. Petition for Exemption Docket No.: FAA–2017–0919. Petitioner: Bombardier Aerospace. Section of 14 CFR Affected: § 25.901(c). Description of Relief Sought: Bombardier Aerospace is petitioning for an exemption to 14 CFR 25.901(c) for single failures of the Throttle Quadrant Assembly (TQA) and the Propulsion control system that result in Uncontrollable High Thrust (UHT). The Bombardier Model BD–700–2A12 and BD– 700–2A13 Series airplanes (Global 7000 and Global 8000, respectively) may not be controllable under certain landing and takeoff scenarios during a UHT event that occurs in crosswinds in excess of 15 knots. [FR Doc. 2017–23059 Filed 10–23–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2017–0044] Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Arizona, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs) Federal Highway Administration (FHWA), DOT. ACTION: Notice of proposed MOU; request for comments. AGENCY: The FHWA and the State of Arizona, acting by and through its Department of Transportation (State), propose participation of the State in the Categorical Exclusion Assignment 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. DATES: Comments must be received on or before November 24, 2017. ADDRESSES: You may submit comments, identified by DOT Document Management System (DMS) Docket Number [FHWA–2017–0044], by any of the methods described below. To ensure that you do not duplicate your SUMMARY: E:\FR\FM\24OCN1.SGM 24OCN1 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices submissions, please submit them by only one of the means below. Electronic or facsimile comments are preferred because Federal offices experience intermittent mail delays from 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. 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 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 Ave. 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: Alan Hansen; by email at alan.hansen@dot.gov or by telephone at 602–382–8964. The FHWA Arizona’s Division Office’s normal business hours are 8 a.m. to 4:30 p.m. (Arizona Time), Monday–Friday, except for Federal Holidays. For State of Arizona: Joanie Cady; by email at JCady@azdot.gov; by telephone at (602) 712–8633. The Arizona Department of Transportation’s business hours are 8 a.m. to 5 p.m. (Arizona Time), Monday–Friday, except for State and Federal holidays. SUPPLEMENTARY INFORMATION: asabaliauskas on DSKBBXCHB2PROD with NOTICES Electronic Access Internet users may reach the Office of the Federal Register’s home page at: https://www.archives.gov/ and the Government Publishing 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 VerDate Sep<11>2014 17:47 Oct 23, 2017 Jkt 244001 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 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 Federal highway projects. The FHWA is authorized to act on behalf of the Secretary with respect to these matters. FHWA would execute Arizona’s participation in this program through an MOU. 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), and any activities added through FHWA rulemaking to those listed in 23 CFR 771.117(c) or example activities listed in 23 CFR 771.117(d) after the date of the execution of this MOU. 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: • Clean Air Act (CAA), 42 U.S.C. 7401–7671q (determinations of projectlevel conformity if required for the project); • Noise Control Act of 1972, 42 U.S.C. 4901–4918; • Compliance with the noise regulations in 23 CFR part 772 (except approval of the State noise policy in accordance with 23 CFR 772.7); • Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531–1544, and 1536; • Fish and Wildlife Coordination Act, 16 U.S.C. 661–667d; • Migratory Bird Treaty Act, 16 U.S.C. 703–712; • Section 106 of the National Historic Preservation Act of 1966, as amended, 54 U.S.C. 306108; • Archeological Resources Protection Act of 1979, 16 U.S.C. 470aa, et seq.; • Section 4(f) of the U.S. Department of Transportation Act of 1966, 23 U.S.C. 138 and 49 U.S.C. 303; 23 CFR part 774; • Preservation of Historical and Archeological Data, 54 U.S.C. 312501– 312508; • Native American Grave Protection and Repatriation Act, 25 U.S.C. 3001– 3013; 18 U.S.C. 1170; • American Indian Religious Freedom Act, 42 U.S.C. 1996; PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 49259 • Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201–4209; • Clean Water Act, 33 U.S.C. 1251– 1377; • Safe Drinking Water Act (SDWA), 42 U.S.C. 300f–300j–6; • Rivers and Harbors Act of 1899, 33 U.S.C. 401–406; • Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287; • Emergency Wetlands Resources Act, 16 U.S.C. 3921–3931; • Flood Disaster Protection Act, 42 U.S.C. 4001–4128; • FHWA wetland and natural habitat mitigation regulations at 23 CFR part 777; • Land and Water Conservation Fund (LWCF), Public Law 88–578, 78 Stat. 897 (known as section 6(f)); • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675; • Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C. 9671–9675; • Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901– 6992k; • Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319; • E.O. 11990, Protection of Wetlands; • E.O. 11988, Floodplain Management (except approving design standards and determinations that a significant encroachment is the only practicable alternative under 23 CFR 650.113 and 650.115); • 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. 13112, Invasive Species; • Planning and Environmental Linkages, 23 U.S.C. 168, except for those FHWA responsibilities associated with 23 U.S.C. 134 and 135; • Programmatic Mitigation Plans, 23 U.S.C. 169 except for those FHWA responsibilities associated with 23 U.S.C. 134 and 135. 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, E:\FR\FM\24OCN1.SGM 24OCN1 49260 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices but the FHWA remains responsible for the consultation. This assignment includes transfer to the State of Arizona 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. The FHWA will consider the comments submitted on the proposed MOU when making its decision on whether to execute this 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: October 18, 2017. Karla S. Petty, Division Administrator. [FR Doc. 2017–23011 Filed 10–23–17; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2017–0062] Tentative Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Request for comments. AGENCY: This notice requests comments on a tentative decision by NHTSA that certain vehicles that do not comply with all applicable Federal motor vehicle safety standards (FMVSS), but that are certified by their original manufacturer as complying with all applicable Canadian motor vehicle safety standards (CMVSS), are nevertheless eligible for importation into the United States. The vehicles in question either are substantially similar to vehicles that were certified by their manufacturers as complying with the U.S. safety standards and are capable of being readily altered to conform to those standards, or have safety features that comply with, or are capable of being asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:47 Oct 23, 2017 Jkt 244001 altered to comply with, all U.S. safety standards. You should submit your comments early enough to ensure that the docket receives them not later than November 8, 2017. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and be submitted by any of the following methods: • Mail: Send comments by mail addressed to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver comments by hand to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) Web site at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. Notice of the final decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may DATES: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at https:// www.regulations.gov by following the online instructions for accessing the dockets. The docket identification number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477–78). FOR FURTHER INFORMATION CONTACT: Mr. Neil Thurgood, Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366–0712. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided, either pursuant to a petition from the manufacturer or registered importer or on its own initiative, (1) that the nonconforming motor vehicle is substantially similar to a motor vehicle of the same model year that was originally manufactured for importation into and sale in the United States and certified by its manufacturer as complying with all applicable FMVSS, and (2) that the nonconforming motor vehicle is capable of being readily altered to conform to all applicable FMVSS. Where there is no substantially similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted into the United States if NHTSA decides that its safety features comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Most Recent Decision On November 26, 2012, NHTSA published a notice in the Federal Register announcing that it had made a final decision on its own initiative that certain motor vehicles that are certified by their original manufacturer as complying with all applicable CMVSS are eligible for importation into the United States (77 FR 70538). The notice identified these vehicles as: (a) All passenger cars manufactured on or after September 1, 2009, and before September 1, 2010, that, as originally manufactured, comply with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401; E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49258-49260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23011]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2017-0044]


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

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed MOU; request for comments.

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

SUMMARY: The FHWA and the State of Arizona, acting by and through its 
Department of Transportation (State), propose participation of the 
State in the Categorical Exclusion Assignment 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.

DATES: Comments must be received on or before November 24, 2017.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number [FHWA-2017-0044], by any of the 
methods described below. To ensure that you do not duplicate your

[[Page 49259]]

submissions, please submit them by only one of the means below. 
Electronic or facsimile comments are preferred because Federal offices 
experience intermittent mail delays from 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.
    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 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 Ave. 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: Alan Hansen; by email at 
[email protected] or by telephone at 602-382-8964. The FHWA Arizona's 
Division Office's normal business hours are 8 a.m. to 4:30 p.m. 
(Arizona Time), Monday-Friday, except for Federal Holidays. For State 
of Arizona: Joanie Cady; by email at [email protected]; by telephone at 
(602) 712-8633. The Arizona Department of Transportation's business 
hours are 8 a.m. to 5 p.m. (Arizona Time), 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: https://www.archives.gov/ and the Government Publishing 
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 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, 
42 U.S.C. 4321 et seq. (NEPA). In addition, this program allows the 
assignment of other environmental review requirements applicable to 
Federal highway projects. The FHWA is authorized to act on behalf of 
the Secretary with respect to these matters.
    FHWA would execute Arizona's participation in this program through 
an MOU. 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), and any activities added 
through FHWA rulemaking to those listed in 23 CFR 771.117(c) or example 
activities listed in 23 CFR 771.117(d) after the date of the execution 
of this MOU. 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:
     Clean Air Act (CAA), 42 U.S.C. 7401-7671q (determinations 
of project-level conformity if required for the project);
     Noise Control Act of 1972, 42 U.S.C. 4901-4918;
     Compliance with the noise regulations in 23 CFR part 772 
(except approval of the State noise policy in accordance with 23 CFR 
772.7);
     Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 
1531-1544, and 1536;
     Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d;
     Migratory Bird Treaty Act, 16 U.S.C. 703-712;
     Section 106 of the National Historic Preservation Act of 
1966, as amended, 54 U.S.C. 306108;
     Archeological Resources Protection Act of 1979, 16 U.S.C. 
470aa, et seq.;
     Section 4(f) of the U.S. Department of Transportation Act 
of 1966, 23 U.S.C. 138 and 49 U.S.C. 303; 23 CFR part 774;
     Preservation of Historical and Archeological Data, 54 
U.S.C. 312501-312508;
     Native American Grave Protection and Repatriation Act, 25 
U.S.C. 3001-3013; 18 U.S.C. 1170;
     American Indian Religious Freedom Act, 42 U.S.C. 1996;
     Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209;
     Clean Water Act, 33 U.S.C. 1251-1377;
     Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6;
     Rivers and Harbors Act of 1899, 33 U.S.C. 401-406;
     Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287;
     Emergency Wetlands Resources Act, 16 U.S.C. 3921-3931;
     Flood Disaster Protection Act, 42 U.S.C. 4001-4128;
     FHWA wetland and natural habitat mitigation regulations at 
23 CFR part 777;
     Land and Water Conservation Fund (LWCF), Public Law 88-
578, 78 Stat. 897 (known as section 6(f));
     Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675;
     Superfund Amendments and Reauthorization Act of 1986 
(SARA), 42 U.S.C. 9671-9675;
     Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 
6901-6992k;
     Landscaping and Scenic Enhancement (Wildflowers), 23 
U.S.C. 319;
     E.O. 11990, Protection of Wetlands;
     E.O. 11988, Floodplain Management (except approving design 
standards and determinations that a significant encroachment is the 
only practicable alternative under 23 CFR 650.113 and 650.115);
     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. 13112, Invasive Species;
     Planning and Environmental Linkages, 23 U.S.C. 168, except 
for those FHWA responsibilities associated with 23 U.S.C. 134 and 135;
     Programmatic Mitigation Plans, 23 U.S.C. 169 except for 
those FHWA responsibilities associated with 23 U.S.C. 134 and 135.
    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,

[[Page 49260]]

but the FHWA remains responsible for the consultation.
    This assignment includes transfer to the State of Arizona 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.
    The FHWA will consider the comments submitted on the proposed MOU 
when making its decision on whether to execute this 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: October 18, 2017.
Karla S. Petty,
Division Administrator.
[FR Doc. 2017-23011 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-22-P

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