Proposed 2022 Renewal of 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), 14317-14319 [2022-05332]

Download as PDF Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices dimensions, identified by the OMB Statistical Policy Office in the 1993 ‘‘Resource Manual for Customer Surveys,’’ are courtesy, competence, reliability, and communication. The survey also provides airmen with the opportunity to provide feedback on the services and a medical certificate application tool they use. This information is used to inform improvements in Aeromedical Certification Services. The survey was initially deployed in 2004, and deployed again in 2006, 2008, 2012, 2014, 2016, 2019, and 2021 (OMB Control No. 2120–0707). Across collections, minor revisions have been made to the survey items and response options to reflect changes in operational services and survey technology. To reduce the burden on the individual respondent and potentially improve the response rate, this information collection will be electronic. Respondents: 5,300 Airmen. Frequency: Biannually. Estimated Average Burden per Response: 15 minutes. Estimated Total Annual Burden: 15 minutes per respondent, 1,325 total burden hours. Issued in Oklahoma City, Oklahoma on March 9, 2022. Ashley Catherine Awwad, Management & Program Analyst, Aerospace Medical Institute (CAMI), Flight Deck Human Factors Research Lab, AAM–510. [FR Doc. 2022–05343 Filed 3–11–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Release Certain Properties From All Terms, Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement Between the City of Melbourne and the Federal Aviation Administration for the Melbourne International Airport, Melbourne, FL Bartholomew Vernace, Manager, Orlando Airports District Office, Southern Region. Federal Aviation Administration (FAA), DOT. ACTION: Request for public comment. Federal Highway Administration AGENCY: VerDate Sep<11>2014 17:51 Mar 11, 2022 Jkt 256001 [FR Doc. 2022–05348 Filed 3–11–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION [Docket No. FHWA–2022–0001] The FAA hereby provides notice of intent to release 5.0 acres at the Melbourne International Airport, Melbourne, FL from the conditions, reservations, and restrictions as contained in a Quitclaim Deed agreement between the FAA and the City of Melbourne, dated August 6, 1947. The release of property will allow the City of Melbourne to use the property for other than aeronautical SUMMARY: jspears on DSK121TN23PROD with NOTICES1 purposes. The property is located located on 680 N Apollo Boulevard at the Melbourne International Airport in Brevard County. The parcel is currently designated as surplus property. The property will be released of its federal obligations for the purpose of selling the property at fair market value for commercial operation of an existing building and parking lot for the United States Postal Service. The fair market value lease of this parcel has been determined to be $1,800,000. Documents reflecting the Sponsor’s request are available, by appointment only, for inspection at the Melbourne International Airport and the FAA Airports District Office. SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR–21) requires the FAA to provide an opportunity for public notice and comment prior to the ‘‘waiver’’ or ‘‘modification’’ of a sponsor’s Federal obligation to use certain airport land for non-aeronautical purposes. DATES: Comments are due on or before April 13, 2022. ADDRESSES: Documents are available for review at Melbourne International Airport, and the FAA Airports District Office, 8427 SouthPark Circle, Suite 524, Orlando, FL 32819. Written comments on the Sponsor’s request must be delivered or mailed to: Marisol Elliott, Community Planner, Orlando Airports District Office, 8427 SouthPark Circle, Suite 524, Orlando, FL 32819. FOR FURTHER INFORMATION CONTACT: Marisol Elliott, Community Planner, Orlando Airports District Office, 8427 SouthPark Circle, Suite 524, Orlando, FL 32819. Proposed 2022 Renewal of 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), Department of Transportation. AGENCY: PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 14317 Notice of proposed renewal of MOU, request for comments. ACTION: The FHWA and the State of California, acting by and through its Department of Transportation (Caltrans), propose renewing the MOU authorizing Caltrans’ participation in the Categorical Exclusion Assignment program. This program allows FHWA to assign its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed 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 April 13, 2022. ADDRESSES: You may submit comments, identified by DOT Document Management System (DMS) Docket Number FHWA–2022–0001, 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 comments are preferred because Federal offices experience intermittent mail delays from security screening. Federal eRulemaking Portal: Go to website: 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 2022 renewal 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 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 California Division Office’s normal business hours SUMMARY: E:\FR\FM\14MRN1.SGM 14MRN1 14318 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices are 8 a.m. to 4:30 p.m. (Pacific Time), Monday through Friday, except Federal holidays. For the State of California: Chris Benz-Blumberg: By email at Chris.Benz-Blumberg@dot.ca.gov or by telephone at 916–956–8660. The Caltrans’ 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 Publishing Office’s database at: https://www.govinfo.gov/. An electronic version of the proposed 2022 renewal MOU may be downloaded by accessing the DOT DMS docket, as described above, at https:// www.regulations.gov. jspears on DSK121TN23PROD with NOTICES1 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 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. The FHWA renewed California’s participation in this program for a fourth time on April 18, 2019. The original MOU became effective on June 7, 2007, for an initial term of 3 years. The first renewal followed on June 7, 2010, the second renewal followed on June 7, 2013. The third renewal followed on May 31, 2016, and was amended on December 30, 2016. The fourth renewal has an expiration date of April 18, 2022. Prior MOUs in this program had 3year terms. Changes to 23 U.S.C. 326(c)(3) under the Bipartisan Infrastructure Law (Infrastructure Investment and Jobs Act, Pub. L. 117– 58), enacted on November 15, 2021, require that MOUs have a term of 5 years for a State that has assumed the responsibility for CEs under the program for 10 years or longer. Caltrans has participated in this program for 14 VerDate Sep<11>2014 17:51 Mar 11, 2022 Jkt 256001 years. Therefore, this proposed renewal MOU will have a term of 5 years. Statewide decision making responsibility would be assigned for all activities identified in the MOU within the categories listed in 23 CFR 771.117(c) and those listed as examples in 23 CFR 771.111(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. Including determinations for project-level conformity if required for the project, except as specified in Stipulation II.B.2 of the MOU • 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 • 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 • 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–mm • Title 54, Chapter 3125—Preservation of Historical and Archeological Data, 54 U.S.C. 312501–312508 • Native American Grave Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001–3013; 18 U.S.C. 1170 • Section 4(f) of the Department of Transportation Act of 1966, 23 U.S.C. 138 and 49 U.S.C. 303; 23 CFR part 774, except as specified in Stipulation II.B.2 of the MOU • 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, Sections 401, 404, and 319 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 • Coastal Barrier Resources Act, 16 U.S.C. 3501–3510 • Coastal Zone Management Act, 16 U.S.C. 1451–1466 • 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. 3921, 3931 • Wetlands Mitigation, 23 U.S.C 103(b)(6)(m), 133(b)(3) • FHWA wetland and natural habitat mitigation regulations, 23 CFR part 777 • Flood Disaster Protection Act, 42 U.S.C. 4001–4128 • Safe Drinking Water Act (SDWA), 42 U.S.C. 300f–300j–6 • 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. 13122, Invasive Species • Planning and Environment 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 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. E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices The State may also assist FHWA with formal consultations, with consent of a tribe, but FHWA remains responsible for the consultation. The FHWA will consider the comments submitted on the proposed fifth renewal 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. Vincent Mammano, Division Administrator, Federal Highway Administration. [FR Doc. 2022–05332 Filed 3–11–22; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0082] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval: Drivers’ Use of CameraBased Rear Visibility Systems Versus Traditional Mirrors National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice and request for comments on a request for approval of a new information collection. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden. The proposed new collection of information supports research addressing safetyrelated aspects of drivers’ use of camerabased rear visibility systems intended to serve as a replacement for traditional outside rearview mirrors. A Federal Register Notice with a 60day comment period soliciting comments on the following information collection was published on August 28, 2019. NHTSA received 22 public comments submitted online and one jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:51 Mar 11, 2022 Jkt 256001 additional comment submitted via email. A second Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on May 24, 2021. NHTSA received 1,891 unique public comments. A summary of the comments and the changes NHTSA made in response to those comments is provided below. DATES: Written comments should be submitted on or before April 13, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection, including suggestions for reducing burden, should be submitted to the Office of Management and Budget at www.reginfo.gov/public/do/PRAMain. To find this particular information collection, select ‘‘Currently under 30day Review—Open for Public Comment’’ or use the search function. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Elizabeth Mazzae, Applied Crash Avoidance Research Division, Vehicle Research and Test Center, NHTSA, 10820 State Route 347—Bldg. 60, East Liberty, Ohio 43319; Telephone (937) 666–4511; Facsimile: (937) 666–3590; email address: elizabeth.mazzae@ dot.gov. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a Federal agency must receive approval from the Office of Management and Budget (OMB) before it collects certain information from the public and a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. In compliance with these requirements, this notice announces the following information collection request will be submitted to OMB. Title: Drivers’ Use of Camera-Based Rear Visibility Systems Versus Traditional Mirrors. OMB Control Number: To be issued at time of approval. Form Numbers: NHTSA forms 1553, 1554, 1556, 1557, 1558. Type of Request: New information collection. Type of Review Requested: Regular. Length of Approval Requested: Three years from the date of approval. Summary of the Collection of Information: NHTSA has proposed to perform research involving the collection of information from the public as part of a multi-year effort to learn about drivers’ use of passive camera-based rear visibility systems intended to perform the same function PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 14319 as traditional vehicle outside mirrors: Displaying areas surrounding the vehicle. Performing detection of objects within the system’s field of view and providing visual or other alerts to the driver is not a technology function being examined in this research. The research will involve human subjects testing in which instrumented vehicles are stationary or driven on a test track and public roads. Study participants will be members of the general public and participation will be voluntary. The goal is to characterize drivers’ eye glance behavior and other driving behaviors while operating a vehicle equipped with traditional outside mirrors versus while operating a vehicle equipped with a camera-based visibility system in place of vehicle outside mirrors. This research will support NHTSA decisions relating to safe implementation of electronic visibility technologies that may be considered for use as alternatives to meet Federal Motor Vehicle Safety Standard (FMVSS) No. 111 mirror requirements. This research will involve information collection through participant screening questions and post-drive questionnaires. Questions addressed to individuals will serve to assess individuals’ suitability for study participation, to obtain feedback regarding participants’ use of the visibility systems involved in the study, and to evaluate individuals’ level of comfort with use of the technology. Since qualitative feedback or selfreported data is not sufficiently robust for the purpose of investigating driver performance and interaction issues with advanced vehicle technologies, the primary type of information to be collected in this research is objective data consisting of video and engineering data recorded as participants experience a camera-based rear visibility system in an instrumented study vehicle. Recorded objective data will include driver eye glance behavior, lane change performance, and other driving performance metrics. Eye glance behavior will reveal how drivers’ visual behavior in a vehicle equipped with a camera-based rear visibility system differs from drivers’ visual behavior in a vehicle equipped with traditional outside mirrors. Lane change performance will be characterized based on vehicle speed, inter-vehicle distances during lane changes, and time to complete lane changes. Driving performance and eye glance behavior in a vehicle equipped with a camera-based rear visibility system will be compared to lane change performance observed in E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14317-14319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05332]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2022-0001]


Proposed 2022 Renewal of 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), Department of 
Transportation.

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 renewing the MOU 
authorizing Caltrans' participation in the Categorical Exclusion 
Assignment program. This program allows FHWA to assign its authority 
and responsibility for determining whether certain designated 
activities within the geographic boundaries of the State, as specified 
in the proposed 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 April 13, 2022.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number FHWA-2022-0001, 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 comments are preferred because Federal offices experience 
intermittent mail delays from security screening.
    Federal eRulemaking Portal: Go to website: 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 
2022 renewal 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 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 
[email protected] or by telephone at 916-498-5048. The California 
Division Office's normal business hours

[[Page 14318]]

are 8 a.m. to 4:30 p.m. (Pacific Time), Monday through Friday, except 
Federal holidays. For the State of California: Chris Benz-Blumberg: By 
email at [email protected] or by telephone at 916-956-
8660. The Caltrans' 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 Publishing 
Office's database at: https://www.govinfo.gov/. An electronic version of 
the proposed 2022 renewal 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 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.
    The FHWA renewed California's participation in this program for a 
fourth time on April 18, 2019. The original MOU became effective on 
June 7, 2007, for an initial term of 3 years. The first renewal 
followed on June 7, 2010, the second renewal followed on June 7, 2013. 
The third renewal followed on May 31, 2016, and was amended on December 
30, 2016. The fourth renewal has an expiration date of April 18, 2022.
    Prior MOUs in this program had 3-year terms. Changes to 23 U.S.C. 
326(c)(3) under the Bipartisan Infrastructure Law (Infrastructure 
Investment and Jobs Act, Pub. L. 117-58), enacted on November 15, 2021, 
require that MOUs have a term of 5 years for a State that has assumed 
the responsibility for CEs under the program for 10 years or longer. 
Caltrans has participated in this program for 14 years. Therefore, this 
proposed renewal MOU will have a term of 5 years.
    Statewide decision making responsibility would be assigned for all 
activities identified in the MOU within the categories listed in 23 CFR 
771.117(c) and those listed as examples in 23 CFR 771.111(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. Including 
determinations for project-level conformity if required for the 
project, except as specified in Stipulation II.B.2 of the MOU
 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
 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
 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-mm
 Title 54, Chapter 3125--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170
 Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C. 138 and 49 U.S.C. 303; 23 CFR part 774, except as specified 
in Stipulation II.B.2 of the MOU
 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, Sections 401, 404, and 
319
 Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
 Coastal Zone Management Act, 16 U.S.C. 1451-1466
 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. 3921, 3931
 Wetlands Mitigation, 23 U.S.C 103(b)(6)(m), 133(b)(3)
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777
 Flood Disaster Protection Act, 42 U.S.C. 4001-4128
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6
 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. 13122, Invasive Species
 Planning and Environment 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 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.

[[Page 14319]]

The State may also assist FHWA with formal consultations, with consent 
of a tribe, but FHWA remains responsible for the consultation.
    The FHWA will consider the comments submitted on the proposed fifth 
renewal 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.

Vincent Mammano,
Division Administrator, Federal Highway Administration.
[FR Doc. 2022-05332 Filed 3-11-22; 8:45 am]
BILLING CODE 4910-22-P
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