Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs), 3274-3275 [2019-01810]

Download as PDF 3274 Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices Transportation (NMDOT), R. Blake Roxlau, Environmental Bureau Manager, Environmental Bureau, 1120 Cerillos Road, Room 205, Santa Fe, NM 87504– 1149, Office hours 8:00 a.m. to 5:00 p.m., Phone (505) 490–2575, Email Blake.Roxlau@state.nm.us. SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken final agency action(s) subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of New Mexico: The Sunport Boulevard Extension Project is a project that connects the Sunport Interstate 25 Interchange to NM 47(Broadway Boulevard) to the west of the interchange via a new highway facility that includes a bridge. The project also includes improvements to the Broadway Boulevard/Sunport Boulevard/Woodward Road Intersection, as well as improvements to the existing Woodward Road facility extending west to NM 303 (2nd Street SW). The project provides an important regional transportation link in completing the western leg of the existing Sunport Interchange, which serves the Albuquerque International Airport. The project length is approximately 1.05 miles. FHWA and the NMDOT recognize the project with the following Control Numbers: A300160 and A300161. The actions by the agencies, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) for the project, approved on May 8, 2018, in the Finding of No Significant Impact (FONSI), issued on January 31, 2019, and in other documents in the project records. The EA/FONSI, and other project records are available by contacting FHWA or the NMDOT at the addresses provided above. The EA and can be viewed and downloaded from the project website at https:// www.bernco.gov/public-works/currentpast-projects.aspx?1fc7eb62479a4a568 e871b92638de153blogPostId=52e84 a84b12f4e9c92a967416e68556f#/Blog Content or obtained from any contact listed above. This notice applies to all Federal agency decisions that are final as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) (42 U.S.C. 4321– 4351); Federal-Aid Highway Act (23 U.S.C. 109 and 23 U.S.C. 128). 2. Air: Clean Air Act (42 U.S.C. 7401– 7671q). 3. Land: Section 4(f) Requirements (49 U.S.C. 303; 23 U.S.C. 138); Landscaping and Scenic Enhancement (Wildflowers) (23 U.S.C. 319). VerDate Sep<11>2014 18:05 Feb 08, 2019 Jkt 247001 4. Wildlife: Endangered Species Act (16 U.S.C. 1531–1544 and Section 1536); Marine Mammal Protection Act (16 U.S.C. 1361–1423h); Fish and Wildlife Coordination Act (16 U.S.C. 661–667d); Migratory Bird Treaty Act (16 U.S.C. 703–712). 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. 306108); Archeological Resources Protection Act of 1977 (16 U.S.C. 470aa–470mm); Archeological and Historic Preservation Act (16 U.S.C. 469–469c); Native American Grave Protection and Repatriation Act (NAGPRA) (25 U.S.C. 3001–3013). 6. Social and Economic: Civil Rights Act of 1964 (42 U.S.C. 200(d)– 2000(d)(1)); American Indian Religious Freedom Act (42 U.S.C. 1996); Farmland Protection Policy Act (FPPA) (7 U.S.C. 4201–4209). 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) (33 U.S.C. 1251– 1387); Land and Water Conservation Fund (LWCF) (16 U.S.C. 4601–4604); Safe Drinking Water Act (SDWA) (42 U.S.C. 300f-300j-26)); 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. 3901, 3921); Wetlands Mitigation (23 U.S.C. 119(g) and 133(b)(14)); Flood Disaster Protection Act, 42 U.S.C. 4012a, 4106). 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species; E.O. 11991 Environmental Impact Statements; E.O. 13766 Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects; E.O. 13807 Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects. (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.) PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 Authority: 23 U.S.C. 139(l)(1) J. Don Martinez, Division Administrator, Santa Fe, New Mexico. [FR Doc. 2019–01631 Filed 2–8–19; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2019–0004] Renewed Memorandum of Understanding (MOU) 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 renewal of MOU, request for comments. AGENCY: The FHWA and the State of California acting by and through its Department of Transportation (Caltrans), propose renew the MOU authorizing the State’s participation 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 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 March 13, 2019. 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 website: https://www.regulations.gov/. Follow the instructions for submitting comments on the DOT electronic docket site (FHWA–2019–0004). 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. SUMMARY: E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices 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, 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. 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. The Secretary delegated his authority to FHWA, which acts on behalf of the Secretary with respect to these matters. The FHWA renewed California’s participation in this program for a third time on May 31, 2016. 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 third MOU renewal has an expiration date on May 31, 2019. 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. SUPPLEMENTARY INFORMATION: 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. 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/. (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.) Vincent Mammano, California Division Administrator, Federal Highway Administration. [FR Doc. 2019–01810 Filed 2–8–19; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Background Federal Highway Administration Section 326 of Title 23 U.S. Code, creates a program that allows the Secretary of the U.S. Department of Transportation (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, except with respect to government-togovernment consultations with federally recognized Indian tribes (23 U.S.C. 326(b)(1)). The FHWA retains responsibility for conducting formal government-to-government consultation [Docket No. FHWA–2018–0046] VerDate Sep<11>2014 18:05 Feb 08, 2019 Jkt 247001 Application From the State of Arizona to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice of proposed MOU and request for comments. AGENCY: This notice announces that FHWA has received and reviewed an application from the Arizona Department of Transportation (ADOT) requesting participation in the Surface Transportation Project Delivery Program (Program). This Program allows for FHWA to assign, and States to assume, responsibilities under the National SUMMARY: PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 3275 Environmental Policy Act of 1969 (NEPA), and all or part of FHWA’s responsibilities for environmental review, consultation, or other actions required under any Federal environmental law with respect to one or more Federal highway projects within the State. The FHWA has determined the application to be complete and developed a draft MOU with ADOT outlining how the State would implement the program with FHWA oversight. The FHWA invites the public to comment on ADOT’s request, including its application and the proposed MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities. DATES: Please submit comments by March 13, 2019. ADDRESSES: To ensure that you do not duplicate your docket submissions, please submit them by only one of the following means: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting comments. • Facsimile (Fax): 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor Room W12–140, Washington, DC 20590. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Ave. SE, Washington, DC 20590 between 9:00 a.m. and 5:00 p.m. e.t., Monday through Friday, except 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: Anthony Sarhan, Assistant Division Administrator, Federal Highway Administration Arizona Division, 4000 North Central Avenue, Suite 1500, Phoenix, AZ 85012–3500, 7:30 a.m.– 4:30 p.m. (MST), (602) 379–3646, Anthony.Sarhan@dot.gov. Steven Olmsted, NEPA Assignment Manager, Arizona Department of Transportation, Environmental Planning, 1611 West Jackson, Mail Drop EM02, Phoenix, AZ 85007, (602) 712– 6421, solmsted@azdot.gov. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this notice may be downloaded from the Federal Register’s home page at https:// E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Notices]
[Pages 3274-3275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01810]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2019-0004]


Renewed Memorandum of Understanding (MOU) 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 renewal of MOU, request for comments.

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

SUMMARY: The FHWA and the State of California acting by and through its 
Department of Transportation (Caltrans), propose renew the MOU 
authorizing the State's participation 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 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 March 13, 2019.

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 website: https://www.regulations.gov/. Follow the instructions for submitting comments 
on the DOT electronic docket site (FHWA-2019-0004).
    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.

[[Page 3275]]

    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, 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 U.S. Department of Transportation (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, except with respect to government-to-government consultations 
with federally recognized Indian tribes (23 U.S.C. 326(b)(1)). The FHWA 
retains 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. The Secretary delegated 
his authority to FHWA, which acts on behalf of the Secretary with 
respect to these matters.
    The FHWA renewed California's participation in this program for a 
third time on May 31, 2016. 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 third MOU renewal has an expiration date on May 31, 2019.
    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.

Vincent Mammano,
California Division Administrator, Federal Highway Administration.
[FR Doc. 2019-01810 Filed 2-8-19; 8:45 am]
 BILLING CODE 4910-22-P
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