Renewed and Amended Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State of Utah, 21734-21735 [2023-07499]

Download as PDF 21734 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Notices DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on a Land Release Request at Malden Regional Airport & Industrial Park (MAW), Malden, MO Federal Aviation Administration (FAA), DOT. ACTION: Notice of request to release of airport land. AGENCY: The FAA proposes to rule and invites public comment on the request to release and sell a 0.57 acre parcel of federally obligated airport property at the Malden Regional Airport & Industrial Park (MAW), Malden, Missouri. SUMMARY: Comments must be received on or before May 11, 2023. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Amy J. Walter, Airports Land Specialist, Federal Aviation Administration, Airports Division, ACE–620G, 901 Locust, Room 364, Kansas City, MO 64106. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to: David Blalock, Airport Manager, City of Malden Regional Airport & Industrial Park, 3077 Mitchell Drive, P.O. Box 411, Malden, MO 63863–0411, (573) 276– 2279. DATES: lotter on DSK11XQN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: Amy J. Walter, Airports Land Specialist, Federal Aviation Administration, Airports Division, ACE–620G, 901 Locust, Room 364, Kansas City, MO 64106, (816) 329–2603, amy.walter@ faa.gov. The request to release property may be reviewed, by appointment, in person at this same location. SUPPLEMENTARY INFORMATION: The FAA invites public comment on the request to release a 0.57 acre parcel of airport property at the Malden Regional Airport & Industrial Park (MAW) under the provisions of 49 U.S.C. 47107(h)(2). This is a Surplus Property Airport. The City of Malden requested a release from the FAA to sell a 0.57 acre parcel to the Dunklin County Ambulance District for commercial development. The FAA determined this request to release and sell property at the Malden Regional Airport & Industrial Park (MAW) submitted by the Sponsor meets the procedural requirements of the FAA and the release and sale of the property does not and will not impact future aviation needs at the airport. The FAA may approve the request, in whole or in part, VerDate Sep<11>2014 17:45 Apr 10, 2023 Jkt 259001 no sooner than thirty days after the publication of this notice. The following is a brief overview of the request: The Malden Regional Airport & Industrial Park (MAW) is proposing the release from obligations and sale of a 0.57 acre parcel of airport property. The release of land is necessary to comply with Federal Aviation Administration Grant Assurances that do not allow federally acquired airport property to be used for non-aviation purposes. The sale of the subject property will result in the land at the Malden Regional Airport & Industrial Park (MAW) being changed from aeronautical to non-aeronautical use and release the lands from the conditions of the Airport Improvement Program Grant Agreement Grant Assurances in order to sell the land. In accordance with 49 U.S.C. 47107(c)(2)(B)(i) and (iii), the airport will receive fair market value for the property, which will be subsequently reinvested in another eligible airport improvement project for general aviation use. Any person may inspect, by appointment, the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may request an appointment to inspect the application, notice and other documents determined by the FAA to be related to the application in person at the Malden City Hall. Issued in Kansas City, MO, on April 5, 2023. James A. Johnson, Director, FAA Central Region, Airports Division. [FR Doc. 2023–07520 Filed 4–10–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Renewed and Amended Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State of Utah Federal Highway Administration (FHWA), Utah Division Office, DOT. ACTION: Notice of MOU renewal and amendments and request for comments. AGENCY: This notice announces that the FHWA and the Utah Department of Transportation (State) plan to renew and amend an existing MOU established pursuant to certain statutory authorities under which FHWA has assigned to the State FHWA’s responsibility for SUMMARY: PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 determining whether a project is categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) and for carrying out certain other responsibilities for conducting environmental reviews, consultations, and related activities for assigned projects. The public is invited to comment on any aspect of the proposed MOU, including the scope of environmental review, consultation, and other activities which are assigned. DATES: Please submit comments by May 11, 2023. ADDRESSES: You may submit comments by any of the methods described below. Website: www.udot.utah.gov/go/ environmental. Fax: 1–202–493–2251. Hand Delivery: U.S. Department of Transportation, Ground Floor Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m. (EST), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Edward Woolford, Environmental Program Manager, Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt Lake City, UT 84129. Office Hours: 7:00 a.m. to 4:30 p.m. (MST), Edward.Woolford@dot.gov; Mr. Brandon Weston, Environmental Services Director, Utah Department of Transportation, 4501 South 2700 West, Salt Lake City, UT 84129, Office Hours 8:00 a.m. to 5:00 p.m. (Monday through Friday) (MST), brandonweston@ utah.gov. Background: Section 326 of amended chapter 3 of Title 23, United States Code (23 U.S.C. 326), allows the Secretary of the United States Department of Transportation (USDOT Secretary), to assign, and a State to assume, responsibility for determining whether certain designated activities are included within classes of action that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to regulations promulgated by the Council on Environmental Quality under part 1500 of Title 40, Code of Federal Regulations (CFR). The FHWA is authorized to act on behalf of the USDOT Secretary with respect to these matters. In July 2008, FHWA and the State executed a MOU which assigned the responsibility to the State for determining certain designated activities as categorically excluded under section 6004(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for E:\FR\FM\11APN1.SGM 11APN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Notices Users (Pub. L. 109–59, Aug. 10, 2005). The assignments include: 1. Activities listed in 23 CFR 771.117(c); and 2. The example activities listed in 23 CFR 771.117(d). The MOU had an initial term of 3 years, proposed revision to 5 years, and may be renewed and/or amended. The renewal/amendments are the subject of this Notice. As part of this renewal, proposed changes to the MOU include modification to terminate an existing programmatic agreement between the State and FHWA for processing proposed projects that are candidates for categorical exclusion but that are not included on the lists described in 1–2 above. The MOU assigns 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. FHWA noise regulations in 23 CFR part 772. 3. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531– 1544, and Section 1536. 4. Marine Mammal Protection Act, 16 U.S.C. 1361. 5. Anadromous Fish Conservation Act, 16 U.S.C. 757a–757g. 6. Fish and Wildlife Coordination Act, 16 U.S.C. 661–667d. 7. Migratory Bird Treaty Act, 16 U.S.C. 703–712. 8. Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended, 16 U.S.C. 1801 et seq. 9. Section 106 of the National Historic Preservation Act of 1966, as amended, 54 U.S.C. 306101 et seq. 10. Section 4(f) of the Department of Transportation Act of 1966, 23 U.S.C. 138 and 49 U.S.C. 303; and 23 CFR part 774. 11. Archeological and Historic Preservation Act of 1966, as amended, 16 U.S.C. 469–469(c). 12. American Indian Religious Freedom Act, 42 U.S.C. 1996. 13. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201–4209. 14. Clean Water Act, 33 U.S.C. 1251– 1377 (Section 404, Section 401, Section 319). 15. Coastal Barrier Resources Act, 16 U.S.C. 3501–3510. 16. Coastal Zone Management Act, 16 U.S.C. 1451–1465. 17. Safe Drinking Water Act (SDWA), 42 U.S.C. 300f–300j–6. VerDate Sep<11>2014 17:45 Apr 10, 2023 Jkt 259001 18. Rivers and Harbors Act of 1899, 33 U.S.C. 401–406. 19. Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287. 20. Emergency Wetlands Resources Act, 16 U.S.C. 3921–3931. 21. TEA–21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11). 22. Flood Disaster Protection Act, 42 U.S.C. 4001–4128. 23. Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604 (known as section 6(f)). 24. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675. 25. Superfund Amendments and Reauthorization Act of 1986 (SARA). 26. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901– 6992k. 27. Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. 28. Executive Orders (E.O.) Relating to Highway Projects (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. 13175, Consultation and Coordination with Indian Tribal Governments; E.O. 13112, Invasive Species, as amended by E.O. 13751, Safeguarding the Nation from the Impacts of Invasive Species; E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; E.O. 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis; E.O. 14008, Tackling the Climate Crisis at Home and Abroad; Other Executive Orders not listed, but related to assigned projects. 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 E.O.s. The State also may assist FHWA with formal consultations, with consent of a Tribe, but FHWA remains responsible for the consultation. A copy of the proposed MOU may be viewed by contacting FHWA or the State at the addresses provided above. A copy may also be viewed online at the PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 21735 following URL: www.udot.utah.gov/go/ environmental. (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: April 5, 2023. Ivan Marrero, Division Administrator, Federal Highway Administration. [FR Doc. 2023–07499 Filed 4–10–23; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Nos. FRA–2010–0028, –0029, –0039, –0042, –0043, –0045, –0048, –0049, –0051, –0054, –0056, –0057, –0058, –0059, –0060, –0061, –0062, –0064, –0065, and –0070] Railroads’ Joint Request To Amend Their Positive Train Control Safety Plans and Positive Train Control Systems Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document provides the public with notice that on March 22, 2023, twenty host railroads submitted a joint request for amendment (RFA) to their FRA-approved Positive Train Control Safety Plans (PTCSP) reflecting the updated PTC onboard software, I– ETMS On-Board 6.5.0 and On-Board 6.5.1. This RFA includes modifications to the associated PTC Concept of Operations and PTC System Description documents, change or addition of system safety-critical functionality, modification to target safety levels and changes to the human-machine interface which requires amendments to PTC training for train crews. The functionality changes include: updates to Train Restriction Types to address the Pipeline and Hazardous Materials Safety Administration (PHMSA) final rule which restricts operating speeds of High-Hazard Flammable Train; the addition of a new system safety critical function, PTC Suspension, that prevents the generation and enforcement of targets within the limits of a PTC Suspension area with the exception of navigation failure and synchronization errors; and updates to the onboard SUMMARY: E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21734-21735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07499]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Renewed and Amended Memorandum of Understanding (MOU) Assigning 
Environmental Responsibilities to the State of Utah

AGENCY: Federal Highway Administration (FHWA), Utah Division Office, 
DOT.

ACTION: Notice of MOU renewal and amendments and request for comments.

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

SUMMARY: This notice announces that the FHWA and the Utah Department of 
Transportation (State) plan to renew and amend an existing MOU 
established pursuant to certain statutory authorities under which FHWA 
has assigned to the State FHWA's responsibility for determining whether 
a project is categorically excluded from preparation of an 
environmental assessment or an environmental impact statement under the 
National Environmental Policy Act of 1969 (NEPA) and for carrying out 
certain other responsibilities for conducting environmental reviews, 
consultations, and related activities for assigned projects. The public 
is invited to comment on any aspect of the proposed MOU, including the 
scope of environmental review, consultation, and other activities which 
are assigned.

DATES: Please submit comments by May 11, 2023.

ADDRESSES: You may submit comments by any of the methods described 
below.
    Website: www.udot.utah.gov/go/environmental.
    Fax: 1-202-493-2251.
    Hand Delivery: U.S. Department of Transportation, Ground Floor Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m. (EST), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Woolford, Environmental 
Program Manager, Federal Highway Administration, 2520 West 4700 South, 
Suite 9A, Salt Lake City, UT 84129. Office Hours: 7:00 a.m. to 4:30 
p.m. (MST), [email protected]; Mr. Brandon Weston, Environmental 
Services Director, Utah Department of Transportation, 4501 South 2700 
West, Salt Lake City, UT 84129, Office Hours 8:00 a.m. to 5:00 p.m. 
(Monday through Friday) (MST), [email protected].
    Background: Section 326 of amended chapter 3 of Title 23, United 
States Code (23 U.S.C. 326), allows the Secretary of the United States 
Department of Transportation (USDOT Secretary), to assign, and a State 
to assume, responsibility for determining whether certain designated 
activities are included within classes of action that are categorically 
excluded from requirements for environmental assessments or 
environmental impact statements pursuant to regulations promulgated by 
the Council on Environmental Quality under part 1500 of Title 40, Code 
of Federal Regulations (CFR). The FHWA is authorized to act on behalf 
of the USDOT Secretary with respect to these matters.
    In July 2008, FHWA and the State executed a MOU which assigned the 
responsibility to the State for determining certain designated 
activities as categorically excluded under section 6004(a) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for

[[Page 21735]]

Users (Pub. L. 109-59, Aug. 10, 2005). The assignments include:
    1. Activities listed in 23 CFR 771.117(c); and
    2. The example activities listed in 23 CFR 771.117(d).
    The MOU had an initial term of 3 years, proposed revision to 5 
years, and may be renewed and/or amended. The renewal/amendments are 
the subject of this Notice. As part of this renewal, proposed changes 
to the MOU include modification to terminate an existing programmatic 
agreement between the State and FHWA for processing proposed projects 
that are candidates for categorical exclusion but that are not included 
on the lists described in 1-2 above. The MOU assigns 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. FHWA noise regulations in 23 CFR part 772.
    3. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544, and Section 1536.
    4. Marine Mammal Protection Act, 16 U.S.C. 1361.
    5. Anadromous Fish Conservation Act, 16 U.S.C. 757a-757g.
    6. Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d.
    7. Migratory Bird Treaty Act, 16 U.S.C. 703-712.
    8. Magnuson-Stevens Fishery Conservation and Management Act of 
1976, as amended, 16 U.S.C. 1801 et seq.
    9. Section 106 of the National Historic Preservation Act of 1966, 
as amended, 54 U.S.C. 306101 et seq.
    10. Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C. 138 and 49 U.S.C. 303; and 23 CFR part 774.
    11. Archeological and Historic Preservation Act of 1966, as 
amended, 16 U.S.C. 469-469(c).
    12. American Indian Religious Freedom Act, 42 U.S.C. 1996.
    13. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209.
    14. Clean Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 401, 
Section 319).
    15. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510.
    16. Coastal Zone Management Act, 16 U.S.C. 1451-1465.
    17. Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6.
    18. Rivers and Harbors Act of 1899, 33 U.S.C. 401-406.
    19. Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287.
    20. Emergency Wetlands Resources Act, 16 U.S.C. 3921-3931.
    21. TEA-21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11).
    22. Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
    23. Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604 
(known as section 6(f)).
    24. Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675.
    25. Superfund Amendments and Reauthorization Act of 1986 (SARA).
    26. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k.
    27. Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 
319.
    28. Executive Orders (E.O.) Relating to Highway Projects (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. 13175, Consultation and Coordination with Indian Tribal 
Governments; E.O. 13112, Invasive Species, as amended by E.O. 13751, 
Safeguarding the Nation from the Impacts of Invasive Species; E.O. 
13985, Advancing Racial Equity and Support for Underserved Communities 
Through the Federal Government; E.O. 13990, Protecting Public Health 
and the Environment and Restoring Science to Tackle the Climate Crisis; 
E.O. 14008, Tackling the Climate Crisis at Home and Abroad; Other 
Executive Orders not listed, but related to assigned projects.
    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 
E.O.s. The State also may assist FHWA with formal consultations, with 
consent of a Tribe, but FHWA remains responsible for the consultation.
    A copy of the proposed MOU may be viewed by contacting FHWA or the 
State at the addresses provided above. A copy may also be viewed online 
at the following URL: www.udot.utah.gov/go/environmental.

(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: April 5, 2023.
Ivan Marrero,
Division Administrator, Federal Highway Administration.
[FR Doc. 2023-07499 Filed 4-10-23; 8:45 am]
BILLING CODE 4910-22-P

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