Notice of Intent To Prepare an Environmental Impact Statement for the Chesapeake Bay Crossing Study: Tier 2 National Environmental Policy Act (NEPA), 90345-90349 [2024-26545]
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Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices
Budget. Comments should be addressed
to the attention of the Desk Officer,
Department of Transportation/FAA, and
sent via electronic mail to oira_
submission@omb.eop.gov, or faxed to
(202) 395–6974, or mailed to the Office
of Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Raymond Plessinger by email at:
raymond.plessinger@faa.gov; phone:
717–443–7296
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0044.
Title: Rotorcraft External Load
Operator Certificate Application.
Form Numbers: FAA Form 8710–4.
Type of Review: Renewal.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on June 26, 2024 (89 FR 53475). This
collection involves the application for
issuance or renewal of a 14 CFR part
133 Rotorcraft External Load Operator
Certificate. Application for an original
certificate or renewal of a certificate
issued under 14 CFR part 133 is made
on a form, and in a manner prescribed
by the Administrator. The FAA form
8710–4 may be obtained from an FAA
Flight Standards District Office, or
online at https://www.faa.gov/
documentLibrary/media/form/faa87104.pdf. The completed application is sent
to the district office that has jurisdiction
over the area in which the applicant’s
home base of operation is located.
The information collected includes:
type of application, Operator’s name/
DBAs, telephone number, mailing
address, physical address of the
principal base of operations, chief pilot/
designee name, airman certificate grade
and number, rotorcraft make/model
registration numbers to be used and
load combinations requested. In
addition, this information collection
includes requirements to report
emergency operations, plans for
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operation over congested areas, and
submission of flight manuals for
approval, and recordkeeping
requirements for certificates and
crewmember testing and training
records.
Respondents: 357 active part 133
certificate-holders.
Frequency: New applications when
needed; current 14 CFR part 133
certificate-holders must renew every 24
months.
Estimated Average Burden per
Response (by Section): Section 133.15,
Application for Certificate Issuance or
Renewal: 0.5 hours; Section 133.21,
Personnel: 0.3 hours; Section 133.25,
Amendment of Certificate: 0.5 hours;
Section 133.27, Availability, transfer,
and surrender of certificate: 0.5 hours;
Section 133.31, Emergency Operations:
2 hours; Section 133.33, Operating
Rules: 2 hours; Section 133.37,
Crewmember training, currency, and
testing requirements: 0.3 hours; Section
133.47, Rotorcraft Load Combination
Flight Manual: 40 hours.
Estimated Total Annual Burden:
3,295 total hours per year, or 9.3 hours
per respondent.
Issued in Washington, DC, on November
12, 2024.
D.C. Morris,
Aviation Safety Analyst, Flight Standards
Service, General Aviation and Commercial
Division.
[FR Doc. 2024–26675 Filed 11–14–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2024–0073]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Chesapeake Bay Crossing Study:
Tier 2 National Environmental Policy
Act (NEPA)
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (USDOT).
ACTION: Notice of Intent (NOI) to prepare
an environmental impact statement
(EIS).
AGENCY:
The FHWA, in coordination
with the Maryland Transportation
Authority (MDTA), is issuing this
Notice of Intent to solicit comments and
advise the public, agencies, and
stakeholders that an environmental
impact statement will be prepared for
the Chesapeake Bay Crossing Study:
Tier 2 NEPA (Tier 2 Study) to address
existing and future transportation issues
at the William Preston Lane, Jr.
SUMMARY:
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90345
Memorial (Bay) Bridge and its
approaches along U.S. 50/301, from
Anne Arundel County on the Western
Shore to Queen Anne’s County on the
Eastern Shore, in Maryland. The unique
identification number for this project is
EISX—XMD–1729253019. This NOI
contains a summary of the information
required in the Council on
Environmental Quality (CEQ)
regulations. This NOI should be
reviewed together with the NOI
Additional Project Information
Document, which contains important
details about the study, information on
the Purpose and Need for the proposed
action, alternatives considered, and
expected impacts on the human,
natural, and built environments.
Persons and agencies who may be
interested in or affected by the proposed
study are encouraged to comment on the
information in this NOI and the NOI
Additional Project Information
Document.
DATES: Comments on the NOI or the NOI
Additional Information documents must
be received on or before January 13,
2025.
ADDRESSES: This NOI and the NOI
Additional Project Information
Document are also available in the
docket referenced above at
www.regulations.gov and on the Tier 2
Study website located at https://
baycrossingstudy.com.
Comments on the NOI or the NOI
Additional Project Information
Document can be submitted through the
methods outlined below:
• Website: For access to the
documents, go to the Federal
Rulemaking Portal located at
www.regulations.gov or the project
website located at https://baycrossing
study.com. Follow the online
instructions for submitting comments at
www.regulations.gov.
• Mailing address or for hand
delivery or courier: Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• https://baycrossingstudy.com.
• Mailing address or for hand
delivery or courier: Maryland
Transportation Authority, Division of
Planning & Program Development, Bay
Crossing Study, 2310 Broening
Highway, Baltimore, Maryland 21224.
• Email: info@baycrossingstudy.com.
• Call: 667–203–5408.
All comment submissions should
include the agency name and docket
number that appear in the heading of
this notice. The comments received by
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Bridge, evaluated 14 possible corridor
alternative locations, documented the
corridor alternative screening process,
and concluded with the identification of
a Selected Corridor Alternative. The
Tier 1 Study was completed in April
2022 when FHWA issued a Final EIS/
Record of Decision (FEIS/ROD)
identifying the corridor including the
existing Bay Bridge and its approaches
(Corridor 7) as the Selected Corridor
Alternative for further evaluation in a
Tier 2 Study. Activities for the Tier 2
Study were launched in June 2022.
The Tier 2 Study, a project-level (sitespecific) analysis, will describe
potential environmental effects and
evaluate alternatives of the proposed
action. To ensure that all potential
alternatives, important issues, or
significant environmental effects and
analyses relevant to the proposed action
are considered in the EIS, comments
and suggestions are invited from all
affected or interested parties. The
FHWA requests comments on the
purpose and need, reasonable range of
alternatives for evaluation in the EIS,
existing environmental conditions and
potential impacts, and identification of
any relevant information, studies, or
analyses concerning impacts affecting
the quality of the human or natural
environment. The purpose of this
request is to bring relevant comments
and information to FHWA’s and
MDTA’s attention as early in the process
as possible to enable the agencies
involved to make maximum use of this
information in the decision-making
process. Comments may be submitted
according to the instructions in the
ADDRESSES section of this notice.
Project Background
Purpose and Need for the Proposed
Action
The transportation issues identified
during the Tier 1 Study have been
further developed and refined to better
describe the specific needs for the Tier
2 Study. The purpose of the Tier 2
Study is to address existing and future
transportation capacity needs and
access across the Chesapeake Bay and at
the Chesapeake Bay Bridge approaches
along the U.S. 50/301 corridor. The Tier
2 Study is evaluating measures to
reduce congestion; improve travel times
and reliability, mobility, and roadway
deficiencies; and accommodate
maintenance activities and navigation
while minimizing impacts to local
communities and the environment. The
Tier 2 Study is also considering
objectives for environmental
responsibility, as well as cost and
financial responsibility.
The Purpose and Need for the Tier 2
Study EIS was developed in close
coordination with Cooperating and
Participating agencies (see section 7.4
below or appendix B (Coordination
Plan) for a list of Cooperating and
Participating agencies). The MDTA
presented the draft preliminary purpose
and need to these agencies and the
public in 2023 for comment. Based on
the comments received, the MDTA
completed a Preliminary Purpose and
Need Statement and Report and
received concurrence from the
Cooperating agencies in 2024. The
complete Tier 2 Study Preliminary
Purpose and Need Statement and Report
may be reviewed in Appendix A to the
NOI Additional Project Information
Document, which is available in the
docket established for this study and on
the study website. Comments on the
Preliminary Purpose and Need for the
study are welcomed during the NOI
comment period.
The Chesapeake Bay Crossing Study
(Bay Crossing Study) is a two-tiered
preliminary engineering and
environmental study to address existing
and future transportation issues at the
Bay Bridge and its approaches along
U.S. 50/301. The Bay Bridge is a twospan structure that crosses the
Chesapeake Bay from Anne Arundel
County on the Western Shore to Queen
Anne’s County on the Eastern Shore.
The MDTA and FHWA initiated Tier
1 of the Bay Crossing Study (Tier 1
Study) in 2016. The Tier 1 Study EIS
encompassed a broad geographic area
that spanned nearly 100 miles of the
Chesapeake Bay between Harford and
Cecil counties to the north, and St.
Mary’s and Somerset counties to the
south. The Tier 1 Study EIS defined
existing and future transportation
conditions and needs at the existing Bay
The Tier 1 Study purpose was to
consider corridors for providing
additional capacity and access across
the Chesapeake Bay in order to improve
mobility, travel reliability, and safety at
the existing Bay Bridge. The evaluation
of potential corridors included
assessments of existing and potentially
expanded transportation infrastructure
needed to support additional capacity,
improve travel times, and accommodate
maintenance activities, while
considering financial viability and
environmental responsibility. The
Selected Corridor Alternative was
chosen because it would provide the
greatest congestion relief at the existing
bridge crossing for existing and future
traffic volumes, particularly at peak
hours, thus having the greatest ability to
meet the Purpose and Need of the Tier
1 Study EIS.
Preliminary Description of the
Proposed Action and Alternatives the
Environmental Impact Statement Will
Consider
The MDTA and FHWA propose to
evaluate additional transportation
capacity across the Chesapeake Bay
along the U.S. 50/301 corridor (Corridor
7 from the Tier 1 Study EIS). The study
limits for the Tier 2 Study EIS extend
from the MD 2/MD 450 interchange on
the Western Shore to the U.S. 50/301
split on the Eastern Shore. As part of the
proposed action, the MDTA proposes
removing the existing two Bay Bridge
spans and replacing them with a new
two-span bridge over the Chesapeake
Bay.
The MDTA has identified seven
alternatives for the proposed action,
including the no-build alternative and
six build alternatives. These alternatives
the comment period end date of January
13, 2025, will be posted without change
to www.regulations.gov, including any
personal information provided. A
summary of the comments received will
be included in the forthcoming Draft EIS
(DEIS).
For tracking purposes, the unique
identification number for this project is
EISX—XMD–1729253019.
FOR FURTHER INFORMATION CONTACT:
Heather Lowe, Project Manager.
Maryland Transportation Authority,
Division of Planning & Program
Development, 2310 Broening Highway,
Baltimore, MD 21224; Phone: (410) 537–
5665; Email: info@
baycrossingstudy.com; or Alexander
Bienko, Environmental Protection
Specialist. Federal Highway
Administration, Maryland Division, 31
Hopkins Plaza, Suite 1520, Baltimore,
MD 21201; Phone: (410) 779–7148;
Email: alexander.bienko@dot.gov.
Interested parties can also sign up for
the Tier 2 Study mailing list located at
https://baycrossingstudy.com to receive
notifications for future study
information and upcoming public
engagement opportunities.
SUPPLEMENTARY INFORMATION: The
FHWA, as lead Federal agency, and the
MDTA, as the project sponsor, will
prepare an EIS for the Tier 2 Study, in
compliance with the National
Environmental Policy Act (NEPA) of
1969, as amended (42 United States
Code [U.S.C.] 4321, et seq.), 23 U.S.C.
139, CEQ regulations implementing
NEPA (40 CFR 1500–1508), FHWA
regulations implementing NEPA (23
CFR 771.101–771.139), and applicable
Federal, State, and local governmental
laws and regulations.
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comprise the reasonable range of
alternatives that will be evaluated in the
Tier 2 Study EIS and are the MDTA’s
proposed Alternatives Retained for
Detailed Study (ARDS). The proposed
build alternatives would provide
additional transportation capacity
across the Chesapeake Bay on a new
two-span bridge that would fully
replace the travel lanes on the existing
Bay Bridge spans. Consistent with
FHWA and CEQ regulations, the NoBuild Alternative is being considered
and will be evaluated in the Tier 2
Study EIS. The proposed ARDS are:
• Alternative A—No-Build: retains the
existing Chesapeake Bay Bridge, the
U.S. 50/301 alignment, and the
existing number of lanes: 6 lanes
along U.S. 50/301 on the Western
Shore, 5 lanes across the Chesapeake
Bay on the existing bridge, and 6
lanes along U.S. 50/301 on the Eastern
Shore
• Alternative B—6–8–6 North: 6 lanes
along U.S. 50/301 on the Western
Shore, 8 lanes across the Chesapeake
Bay on a new bridge to the north of
the existing bridge, and 6 lanes along
U.S. 50/301 on the Eastern Shore
• Alternative C—6–8–6 South: 6 lanes
along U.S. 50/301 on the Western
Shore, 8 lanes across the Chesapeake
Bay on a new bridge to the south of
the existing bridge, and 6 lanes along
U.S. 50/301 on the Eastern Shore
• Alternative D—8–8–8 North: 8 lanes
along U.S. 50/301 on the Western
Shore, 8 lanes across the Chesapeake
Bay on a new bridge to the north of
the existing bridge, 8 lanes along U.S.
50/301 on the Eastern Shore
• Alternative E—8–8–8 South: 8 lanes
along U.S. 50/301 on the Western
Shore, 8 lanes across the Chesapeake
Bay on a new bridge to the south of
the existing bridge, 8 lanes along U.S.
50/301 on the Eastern Shore
• Alternative F—8–10–8 North: 8 lanes
along U.S. 50/301 on the Western
Shore, 10 lanes across the Chesapeake
Bay on a new bridge to the north of
the existing bridge, 8 lanes along U.S.
50/301 on the Eastern Shore
• Alternative G—8–10–8 South: 8 lanes
along U.S. 50/301 on the Western
Shore, 10 lanes across the Chesapeake
Bay on a new bridge to the south of
the existing bridge, 8 lanes along U.S.
50/301 on the Eastern Shore
All proposed build alternatives also
include potential bus service
improvements, Transportation System
Management (TSM)/Transportation
Demand Management (TDM)
improvements, and consideration for
the safe inclusion of a pedestrian/
bicycle shared use path on the new
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bridge. Additional information on the
proposed ARDS, as well as maps and
figures illustrating the study location are
provided in the NOI Additional Project
Information Document.
Based on the public and agency
comments received in response to this
NOI and the public scoping meetings,
MDTA and FHWA will determine the
reasonable range of alternatives. These
will be identified and evaluated as the
ARDS in the Tier 2 DEIS.
The MDTA and FHWA considered a
number of additional options regarding
the structure type, number of lanes,
bridge location, travel mode (e.g.,
transit, ferry), and TSM/TDM strategies.
These include a full-length tunnel,
bridge-tunnel, double decker bridge, a
6–6–6 lane configuration, a 10–10–10
lane configuration, new bridge location
fully between the existing Bay Bridge
spans, a far-south new bridge location,
ferry, high-capacity transit, ramp
metering, express-local lanes, managed
lanes, and a combined transit/TSM/
TDM option. These options are not
included in the proposed ARDS because
MDTA does not consider them
reasonable given the study’s needs and
objectives. Further information on the
additional options considered but not
recommended for advancement is
included in the NOI Additional Project
Information Document. The NOI
Additional Project Information
Document is available for review in the
docket established for this study and on
the Chesapeake Bay Crossing Study
website as noted in the ADDRESSES
section.
Brief Summary of Expected Effects
The Tier 2 Study EIS will evaluate
potential effects to the human
environment resulting from the
reasonable range of alternatives. Based
on information from the Tier 1 Study
FEIS/ROD and early review of existing
environmental conditions within and in
proximity to U.S. 50/301 within the EIS
study limits, the proposed action could
result in direct, indirect, and/or
cumulative effects to the following
resources and environmental
conditions:
• Socioeconomic resources and land
use (including communities and land
use; economics and employment; and
visual resources)
• Minority and low-income populations
• Cultural and historic resources
• Section 4(f) and section 6(f) properties
(including parks and recreational
areas)
• Natural resources (such as wetlands
and waters; floodplains; water quality;
Coastal Barrier Resource Systems and
Chesapeake Bay Critical Areas;
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90347
aquatic and terrestrial habitat and
biota; rare, threatened, and
endangered species; unique and
sensitive areas; and hydrodynamics)
• Hazardous materials
• Air quality
• Greenhouse gas (GHG) and climate
change
• Noise
Direct, indirect, and cumulative
effects to these resources will be
assessed in the Tier 2 Study EIS. Based
on data collection, evaluation, and
coordination with regulatory agencies
and the public to date, it is anticipated
that potential effects to natural
resources, socioeconomic resources and
land use, minority and low-income
populations, cultural and historic
resources, and section 4(f) and section
6(f) properties will be the focus of the
Tier 2 Study EIS impact analysis.
• Natural Resources: Wetlands and
water resources, as well as the terrestrial
environment including forests, could be
impacted by the proposed build
alternatives.
• Socioeconomic Resources and Land
Use: Potential effects to socioeconomic
resources and land use include
conversion of agriculture, forest,
wetland, commercial, residential, and
industrial land use adjacent to the U.S.
50/301 roadway right-of-way (ROW).
• Minority and Low-Income
Populations: Potential effects to
minority and low-income populations
due to construction of a build
alternative include, but are not limited
to, conversion of commercial,
residential, and industrial properties
adjacent to the roadway ROW, as well
as other potential environmental effects
such as from noise and air quality that
could affect these populations.
• Cultural and Historic Resources:
Cultural, historic and archaeological
resources may be affected by the
proposed build alternatives.
• Section 4(f) and section 6(f)
Properties: The build alternatives could
result in permanent or temporary use of
properties protected by section 4(f) of
the U.S. Department of Transportation
Act within the study limits. A Section
4(f) Evaluation will be prepared to
assess the potential permanent,
temporary, constructive, or de minimis
use of section 4(f) properties. Analysis
of potential impacts to properties
protected by section 6(f) of the Land and
Water Conservation Fund Act will also
be conducted to determine whether a
conversion of any section 6(f) property
would occur.
Additional information on the
expected impacts, including
quantification of direct environmental
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resource impacts potentially caused by
the proposed ARDS, is provided in the
NOI Additional Project Information
Document available for review in the
docket established for this study and on
the Chesapeake Bay Crossing study
website as noted in the ADDRESSES
section. Comments on the expected
impacts to be analyzed in the Tier 2
Study EIS are welcomed during the NOI
comment period.
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Anticipated Permits, Other
Authorizations, and Cooperating and
Participating Agencies
Anticipated permits and approvals
(see NOI Additional Project Information
Document (Table 7–1) for a detailed
breakdown of anticipated permits and
approvals) that could be required prior
to the commencement of construction
include:
• US Army Corps of Engineers
(USACE) Civil Works approvals under
the section 408/River and Harbors Act—
section 14, and Clean Water Act section
404/River and Harbors Act—section 10,
for review of impacts to Civil Works
projects and the regulation of proposed
discharges into Waters of the United
States;
• United States Coast Guard (USCG)
approval under the General Bridge Act/
River and Harbors Act—section 9, for
compliance with navigation
requirements for bridges;
• Federal Aviation Administration
(FAA) approval for Obstruction
Evaluation/Airport Airspace Analysis,
for construction activities near airports;
• Federal Emergency Management
Agency (FEMA) approval under the
National Flood Insurance Program;
• FHWA approval under section 4(f)
of the U.S. Department of
Transportation Act of 1966;
• National Park Service (NPS)
approval under the Land and Water
Conservation Fund Act, section 6(f), for
approval for the conversion of land or
facilities acquired under the Land and
Water Conservation Fund;
• USFWS approvals under the Bald
and Golden Eagle Protection Act, and
Migratory Bird Treaty Act;
• USFWS and National Oceanic and
Atmospheric Administration (NOAA)
National Marine Fisheries Service
(NMFS) approval under the Endangered
Species Act and the Marine Mammal
Act for federally protected species, as
well as Fish and Wildlife Coordination
Act, for the protection of species and
coastal resources;
• NOAA NMFS approval under the
Magnuson-Stevens Fishery
Conservation and Management Act for
Essential Fish Habitat;
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• Natural Resources Conservation
Service (NRCS) approval under the
Farmland Protection Policy Act for the
conversion of farmland;
• Maryland Department of the
Environment (MDE) approvals under
the Clean Water Act, section 401,
Nontidal Wetlands Protection Act &
Program, Sediment & Erosion Control
Program, Stormwater Management
regulations, Waterways Construction
Statute, and MDE/Maryland Board of
Public Works (BPW) approval under the
Tidal Wetlands Act & Program, for
consistency with water quality
requirements and minimization of
erosion, flooding, and impacts to
wetlands;
• Maryland Department of Natural
Resources (MDNR) approvals under the
Coastal Zone Consistency & Coastal
Zone Management Program, Forest
Conservation Act, Nongame and
Endangered Species Conservation Act,
Reforestation Law, Roadside Tree Law,
and MDNR Critical Area Commission
approval under the Chesapeake Bay
Critical Area Law, for the protection of
roadside trees, forests, State threatened
and endangered species, wetlands, and
coastal areas;
• Maryland Department of Planning
(MDP) coordination for the Maryland
Smart Growth Act, for the preservation
of resources and prevention of
sprawling development into rural areas;
• State Historic Preservation Officer/
Maryland Historical Trust (MHT)
consultation under section 106 of the
National Historic Preservation Act,
including consultation with the
Advisory Council on Historic
Preservation (ACHP) as appropriate, for
the protection of historic properties and
resolution of any adverse effects; and
• SHA coordination for evaluation of
alternatives that could affect SHA
roadways and ROW.
Cooperating agencies include:
USACE, USCG, EPA, NMFS, USFWS,
NPS, SHA, MDE, and MDNR.
Participating agencies include: the
Federal Transit Administration (FTA),
Advisory Council on Historic
Preservation (ACHP), U.S. Navy—Naval
Facilities Engineering Systems
Command (NAVFAC), FEMA, FAA,
Maryland Transit Administration
(MTA), Maryland Port Administration
(MPA), MDP, Maryland Department of
Emergency Management (MDEM),
BPW—Wetlands Division (BPW), MHT,
Maryland Aviation Administration
(MAA), Delaware Department of
Transportation (DelDOT), Queen Anne’s
County, Anne Arundel County, and
Baltimore Metropolitan Council (BMC).
The MDTA does not anticipate
submitting applications for permits and
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approvals that require design-level
detail as part of NEPA or immediately
following completion of the NEPA
environmental review process. Per 23
U.S.C. 139(d)(10), the aforementioned
permits and authorizations should be
completed by no later than 90 days after
the issuance of the Record of Decision.
However, for this project the MDTA has
requested in accordance with 23 U.S.C.
139(d)(10)(C)(ii) that those permits and
authorizations follow a different
timeline because the construction date
is not expected until 2032. The
development and review of applications
for permits and other approvals will be
completed as more detailed design and
construction engineering progresses
beyond the Tier 2 Study EIS. The NEPA
study will be coordinated with the
federal and state regulatory agencies
based on their role as Cooperating and
Participating Agencies.
Anticipated permits and approvals
that could be required prior to the
commencement of construction are also
provided in the NOI Additional Project
Information Document, which is
available for review in the docket
established for this study and on the
Chesapeake Bay Crossing study website
as noted in the ADDRESSES section.
Scoping and Public Review
Public and agency outreach will
include formal Public Scoping Meetings
in December 2024. A virtual meeting
will be held on December 4, 2024,
followed by two in person meetings on
December 9 and 11, 2024. The
December 2024 Scoping Meetings will
present information from the NOI
Additional Project Information
Document, including existing
environmental conditions, the proposed
ARDS for the proposed action, and their
potential environmental impacts. Public
Hearings on the Tier 2 Study DEIS are
anticipated in late 2025.
Pre-NOI public engagement activities
for the Tier 2 Study were initiated
shortly after FHWA issued the Tier 1
Study FEIS/ROD in spring 2022. To
date, the MDTA has held two sets of
Public Open Houses (one virtual Open
House and two in-person Open Houses
in September 2022 and one virtual Open
House and two in-person Open Houses
in September 2023), a Transit and
Bicycle/Pedestrian Listening Meeting,
and numerous community engagement
events. The September 2022 meetings
summarized the results of the Tier 1
Study EIS, described the objectives of
the Tier 2 Study and presented next
steps in the Tier 2 Study. The
September 2023 Open Houses presented
the study’s proposed Purpose and Need
and the alternatives development
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khammond on DSKJM1Z7X2PROD with NOTICES
process. Additional information on
public engagement activities to date is
provided in the NOI Additional Project
Information Document available for
review in the docket established for this
study and on the Chesapeake Bay
Crossing study website as noted in the
ADDRESSES section of this notice.
Nineteen Interagency Coordination
Meetings (ICMs) to facilitate
Cooperating and Participating agency
coordination have been held since June
2022. The MDTA and FHWA present
information at ICMs about a variety of
Tier 2 Study topics and seek agency
feedback. All Cooperating and
Participating agencies are encouraged to
provide comments at ICMs. The ICMs
will continue to be held throughout the
NEPA environmental review process
and development of the EIS. Additional
information on agency coordination to
date are provided in the NOI Additional
Project Information Document available
for review in the docket established for
this study and on the Chesapeake Bay
Crossing study website as noted in the
ADDRESSES section of this notice.
Public notice has been given of the
date, time, and location of the Public
Scoping Meetings. To assist in
determining the scope of issues to be
addressed and identifying the potential
for important issues related to
information in the NOI Additional
Project Information Document, the
public will have the opportunity to
submit written comments at the Public
Scoping Meetings and during the
scoping comment period beginning on
the date of this NOI publication. Public
input received during the scoping
process will be considered in the
development of the Tier 2 Study EIS.
Once complete, the Tier 2 Study DEIS
will be available for public and agency
review and comment prior to the DEIS
Public Hearing and for public review at
the Tier 2 Study DEIS Public Hearing.
All substantive public comments on the
Tier 2 Study DEIS will be addressed in
the Tier 2 Study FEIS.
The FHWA intends to issue a single
document that consists of the Tier 2
Study FEIS and ROD pursuant to 49
U.S.C. 304a(b) [and 23 U.S.C. 139(n)(2)]
unless FHWA determines that statutory
criteria or practicability considerations
preclude issuance of such a combined
document.
Schedule for the Decision-Making
Process
The Tier 2 Study EIS schedule will be
established as part of the requirements
of the NEPA environmental review
process under 23 U.S.C. 139 and will
comply with 40 CFR 1501.10(b)(2),
which requires that environmental
VerDate Sep<11>2014
16:11 Nov 14, 2024
Jkt 265001
reviews for major infrastructure projects
occur within two years, and all
necessary authorizations be issued
efficiently and in a timely manner, in
cooperation with FHWA.
Following the issuance of this NOI,
FHWA and MDTA will coordinate with
the Participating and Cooperating
Agencies to develop study
documentation and the Tier 2 Study
DEIS.
The anticipated study schedule is
outlined below:
• Public Scoping Meetings (December
2024)
• End of Scoping Comment Period
(January 2025)
• Evaluation of Alternatives Retained
for Detailed Study (February 2025–
June 2025)
• MDTA’s Recommended Preferred
Alternative (July 2025)
• Tier 2 Study DEIS Notice of
Availability (NOA) (November 2025)
• Tier 2 Study DEIS Comment Period
and Public Hearings (December 2025)
• Tier 2 Study Final EIS/ROD
(November 2026)
• Procurement for Final Design (Fall
2026–Spring 2028)
• Commence Final Design (Spring 2028)
• Permit Applications/Authorization
Requests Submitted (Spring 2030)
• All Permit Decisions and
Authorizations Issued (Spring 2031)
• Commence Construction (Summer
2032)
Request for Identification of Potential
Alternatives, Information, and
Analyses Relevant to the Proposed
Action
With this Notice, FHWA and MDTA
request and encourage State, Tribal, and
local government agencies, and the
public, to review the NOI and NOI
Additional Project Information
Document and submit comments on any
aspect of the study. To ensure that all
potential alternatives, important issues,
or environmental impacts and analyses
relevant to the proposed action are
considered in the Tier 2 Study DEIS,
comments and suggestions are invited
from all interested parties. Specifically,
agencies and the public are asked to
comment on the purpose and need,
proposed ARDS, the existing
environmental conditions and potential
impacts, and the identification of any
relevant information, studies, or
analyses concerning impacts affecting
the quality of the human environment
for consideration by the Lead and
Cooperating Agencies in developing the
Tier 2 Study DEIS. The purpose of this
request is to bring relevant comments
and information to FHWA’s and
MDTA’s attention as early in the process
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
90349
as possible to enable the agencies to
make maximum use of this information
in decision making.
Comments must be received by
January 13, 2025. Comments or
questions concerning this proposed
action, including comments relative to
proposed ARDS, information and
analyses, should be directed to FHWA
and MDTA at the addresses provided in
the ADDRESSES section of this notice.
Authority: 42 U.S.C. 4321 et seq.; 23
U.S.C. 139; 23 CFR part 771.
Valeriya Remezova,
Division Administrator, Federal Highway
Administration.
[FR Doc. 2024–26545 Filed 11–14–24; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2024–0018]
Withdrawal of a Notice of Intent To
Prepare an Environmental Impact
Statement for a Proposed Highway
Project in Clark County, Nevada
Federal Highway
Administration (FHWA), Department of
Transportation (USDOT).
ACTION: Notice of withdrawal.
AGENCY:
The FHWA and the Nevada
Department of Transportation (NDOT)
are issuing this notice to advise the
public that they are withdrawing the
Notice of Intent (NOI) to prepare an
Environmental Impact Statement (EIS)
published in the Federal Register for
transportation improvements to a
section of Interstate 11 (formerly I–515)/
US 95/US 93 in the City of Las Vegas,
Clark County, Nevada. The project is
commonly referred to as the Downtown
Access Project.
FOR FURTHER INFORMATION CONTACT:
For Federal Highway Administration:
Abdelmoez Abdalla, Environmental
Program Manager, FHWA Nevada
Division, 705 N. Plaza, Suite 220,
Carson City, NV 89701; Telephone:
(775) 687–1231, email:
abdelmoez.abdalla@dot.gov.
For the Nevada Department of
Transportation (NDOT): Danja Petro,
Senior Project Manager, Nevada
Department of Transportation, 123 E
Washington Ave., Las Vegas, NV 89101;
Telephone: (702) 671–8865, email:
dpetro@dot.nv.gov.
SUPPLEMENTARY INFORMATION: The
FHWA, in coordination with NDOT,
published an NOI on March 22, 2024, at
89 FR 20530, to prepare an EIS for
transportation improvements to a
SUMMARY:
E:\FR\FM\15NON1.SGM
15NON1
Agencies
[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90345-90349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26545]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2024-0073]
Notice of Intent To Prepare an Environmental Impact Statement for
the Chesapeake Bay Crossing Study: Tier 2 National Environmental Policy
Act (NEPA)
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (USDOT).
ACTION: Notice of Intent (NOI) to prepare an environmental impact
statement (EIS).
-----------------------------------------------------------------------
SUMMARY: The FHWA, in coordination with the Maryland Transportation
Authority (MDTA), is issuing this Notice of Intent to solicit comments
and advise the public, agencies, and stakeholders that an environmental
impact statement will be prepared for the Chesapeake Bay Crossing
Study: Tier 2 NEPA (Tier 2 Study) to address existing and future
transportation issues at the William Preston Lane, Jr. Memorial (Bay)
Bridge and its approaches along U.S. 50/301, from Anne Arundel County
on the Western Shore to Queen Anne's County on the Eastern Shore, in
Maryland. The unique identification number for this project is EISX--
XMD-1729253019. This NOI contains a summary of the information required
in the Council on Environmental Quality (CEQ) regulations. This NOI
should be reviewed together with the NOI Additional Project Information
Document, which contains important details about the study, information
on the Purpose and Need for the proposed action, alternatives
considered, and expected impacts on the human, natural, and built
environments. Persons and agencies who may be interested in or affected
by the proposed study are encouraged to comment on the information in
this NOI and the NOI Additional Project Information Document.
DATES: Comments on the NOI or the NOI Additional Information documents
must be received on or before January 13, 2025.
ADDRESSES: This NOI and the NOI Additional Project Information Document
are also available in the docket referenced above at
www.regulations.gov and on the Tier 2 Study website located at https://baycrossingstudy.com.
Comments on the NOI or the NOI Additional Project Information
Document can be submitted through the methods outlined below:
Website: For access to the documents, go to the Federal
Rulemaking Portal located at www.regulations.gov or the project website
located at https://baycrossingstudy.com. Follow the online instructions
for submitting comments at www.regulations.gov.
Mailing address or for hand delivery or courier: Docket
Management Facility, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC
20590.
https://baycrossingstudy.com.
Mailing address or for hand delivery or courier: Maryland
Transportation Authority, Division of Planning & Program Development,
Bay Crossing Study, 2310 Broening Highway, Baltimore, Maryland 21224.
Email: [email protected].
Call: 667-203-5408.
All comment submissions should include the agency name and docket
number that appear in the heading of this notice. The comments received
by
[[Page 90346]]
the comment period end date of January 13, 2025, will be posted without
change to www.regulations.gov, including any personal information
provided. A summary of the comments received will be included in the
forthcoming Draft EIS (DEIS).
For tracking purposes, the unique identification number for this
project is EISX--XMD-1729253019.
FOR FURTHER INFORMATION CONTACT: Heather Lowe, Project Manager.
Maryland Transportation Authority, Division of Planning & Program
Development, 2310 Broening Highway, Baltimore, MD 21224; Phone: (410)
537-5665; Email: [email protected]; or Alexander Bienko,
Environmental Protection Specialist. Federal Highway Administration,
Maryland Division, 31 Hopkins Plaza, Suite 1520, Baltimore, MD 21201;
Phone: (410) 779-7148; Email: [email protected].
Interested parties can also sign up for the Tier 2 Study mailing
list located at https://baycrossingstudy.com to receive notifications
for future study information and upcoming public engagement
opportunities.
SUPPLEMENTARY INFORMATION: The FHWA, as lead Federal agency, and the
MDTA, as the project sponsor, will prepare an EIS for the Tier 2 Study,
in compliance with the National Environmental Policy Act (NEPA) of
1969, as amended (42 United States Code [U.S.C.] 4321, et seq.), 23
U.S.C. 139, CEQ regulations implementing NEPA (40 CFR 1500-1508), FHWA
regulations implementing NEPA (23 CFR 771.101-771.139), and applicable
Federal, State, and local governmental laws and regulations.
Project Background
The Chesapeake Bay Crossing Study (Bay Crossing Study) is a two-
tiered preliminary engineering and environmental study to address
existing and future transportation issues at the Bay Bridge and its
approaches along U.S. 50/301. The Bay Bridge is a two-span structure
that crosses the Chesapeake Bay from Anne Arundel County on the Western
Shore to Queen Anne's County on the Eastern Shore.
The MDTA and FHWA initiated Tier 1 of the Bay Crossing Study (Tier
1 Study) in 2016. The Tier 1 Study EIS encompassed a broad geographic
area that spanned nearly 100 miles of the Chesapeake Bay between
Harford and Cecil counties to the north, and St. Mary's and Somerset
counties to the south. The Tier 1 Study EIS defined existing and future
transportation conditions and needs at the existing Bay Bridge,
evaluated 14 possible corridor alternative locations, documented the
corridor alternative screening process, and concluded with the
identification of a Selected Corridor Alternative. The Tier 1 Study was
completed in April 2022 when FHWA issued a Final EIS/Record of Decision
(FEIS/ROD) identifying the corridor including the existing Bay Bridge
and its approaches (Corridor 7) as the Selected Corridor Alternative
for further evaluation in a Tier 2 Study. Activities for the Tier 2
Study were launched in June 2022.
The Tier 2 Study, a project-level (site-specific) analysis, will
describe potential environmental effects and evaluate alternatives of
the proposed action. To ensure that all potential alternatives,
important issues, or significant environmental effects and analyses
relevant to the proposed action are considered in the EIS, comments and
suggestions are invited from all affected or interested parties. The
FHWA requests comments on the purpose and need, reasonable range of
alternatives for evaluation in the EIS, existing environmental
conditions and potential impacts, and identification of any relevant
information, studies, or analyses concerning impacts affecting the
quality of the human or natural environment. The purpose of this
request is to bring relevant comments and information to FHWA's and
MDTA's attention as early in the process as possible to enable the
agencies involved to make maximum use of this information in the
decision-making process. Comments may be submitted according to the
instructions in the ADDRESSES section of this notice.
Purpose and Need for the Proposed Action
The Tier 1 Study purpose was to consider corridors for providing
additional capacity and access across the Chesapeake Bay in order to
improve mobility, travel reliability, and safety at the existing Bay
Bridge. The evaluation of potential corridors included assessments of
existing and potentially expanded transportation infrastructure needed
to support additional capacity, improve travel times, and accommodate
maintenance activities, while considering financial viability and
environmental responsibility. The Selected Corridor Alternative was
chosen because it would provide the greatest congestion relief at the
existing bridge crossing for existing and future traffic volumes,
particularly at peak hours, thus having the greatest ability to meet
the Purpose and Need of the Tier 1 Study EIS.
The transportation issues identified during the Tier 1 Study have
been further developed and refined to better describe the specific
needs for the Tier 2 Study. The purpose of the Tier 2 Study is to
address existing and future transportation capacity needs and access
across the Chesapeake Bay and at the Chesapeake Bay Bridge approaches
along the U.S. 50/301 corridor. The Tier 2 Study is evaluating measures
to reduce congestion; improve travel times and reliability, mobility,
and roadway deficiencies; and accommodate maintenance activities and
navigation while minimizing impacts to local communities and the
environment. The Tier 2 Study is also considering objectives for
environmental responsibility, as well as cost and financial
responsibility.
The Purpose and Need for the Tier 2 Study EIS was developed in
close coordination with Cooperating and Participating agencies (see
section 7.4 below or appendix B (Coordination Plan) for a list of
Cooperating and Participating agencies). The MDTA presented the draft
preliminary purpose and need to these agencies and the public in 2023
for comment. Based on the comments received, the MDTA completed a
Preliminary Purpose and Need Statement and Report and received
concurrence from the Cooperating agencies in 2024. The complete Tier 2
Study Preliminary Purpose and Need Statement and Report may be reviewed
in Appendix A to the NOI Additional Project Information Document, which
is available in the docket established for this study and on the study
website. Comments on the Preliminary Purpose and Need for the study are
welcomed during the NOI comment period.
Preliminary Description of the Proposed Action and Alternatives the
Environmental Impact Statement Will Consider
The MDTA and FHWA propose to evaluate additional transportation
capacity across the Chesapeake Bay along the U.S. 50/301 corridor
(Corridor 7 from the Tier 1 Study EIS). The study limits for the Tier 2
Study EIS extend from the MD 2/MD 450 interchange on the Western Shore
to the U.S. 50/301 split on the Eastern Shore. As part of the proposed
action, the MDTA proposes removing the existing two Bay Bridge spans
and replacing them with a new two-span bridge over the Chesapeake Bay.
The MDTA has identified seven alternatives for the proposed action,
including the no-build alternative and six build alternatives. These
alternatives
[[Page 90347]]
comprise the reasonable range of alternatives that will be evaluated in
the Tier 2 Study EIS and are the MDTA's proposed Alternatives Retained
for Detailed Study (ARDS). The proposed build alternatives would
provide additional transportation capacity across the Chesapeake Bay on
a new two-span bridge that would fully replace the travel lanes on the
existing Bay Bridge spans. Consistent with FHWA and CEQ regulations,
the No-Build Alternative is being considered and will be evaluated in
the Tier 2 Study EIS. The proposed ARDS are:
Alternative A--No-Build: retains the existing Chesapeake Bay
Bridge, the U.S. 50/301 alignment, and the existing number of lanes: 6
lanes along U.S. 50/301 on the Western Shore, 5 lanes across the
Chesapeake Bay on the existing bridge, and 6 lanes along U.S. 50/301 on
the Eastern Shore
Alternative B--6-8-6 North: 6 lanes along U.S. 50/301 on the
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the
north of the existing bridge, and 6 lanes along U.S. 50/301 on the
Eastern Shore
Alternative C--6-8-6 South: 6 lanes along U.S. 50/301 on the
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the
south of the existing bridge, and 6 lanes along U.S. 50/301 on the
Eastern Shore
Alternative D--8-8-8 North: 8 lanes along U.S. 50/301 on the
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the
north of the existing bridge, 8 lanes along U.S. 50/301 on the Eastern
Shore
Alternative E--8-8-8 South: 8 lanes along U.S. 50/301 on the
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the
south of the existing bridge, 8 lanes along U.S. 50/301 on the Eastern
Shore
Alternative F--8-10-8 North: 8 lanes along U.S. 50/301 on the
Western Shore, 10 lanes across the Chesapeake Bay on a new bridge to
the north of the existing bridge, 8 lanes along U.S. 50/301 on the
Eastern Shore
Alternative G--8-10-8 South: 8 lanes along U.S. 50/301 on the
Western Shore, 10 lanes across the Chesapeake Bay on a new bridge to
the south of the existing bridge, 8 lanes along U.S. 50/301 on the
Eastern Shore
All proposed build alternatives also include potential bus service
improvements, Transportation System Management (TSM)/Transportation
Demand Management (TDM) improvements, and consideration for the safe
inclusion of a pedestrian/bicycle shared use path on the new bridge.
Additional information on the proposed ARDS, as well as maps and
figures illustrating the study location are provided in the NOI
Additional Project Information Document.
Based on the public and agency comments received in response to
this NOI and the public scoping meetings, MDTA and FHWA will determine
the reasonable range of alternatives. These will be identified and
evaluated as the ARDS in the Tier 2 DEIS.
The MDTA and FHWA considered a number of additional options
regarding the structure type, number of lanes, bridge location, travel
mode (e.g., transit, ferry), and TSM/TDM strategies. These include a
full-length tunnel, bridge-tunnel, double decker bridge, a 6-6-6 lane
configuration, a 10-10-10 lane configuration, new bridge location fully
between the existing Bay Bridge spans, a far-south new bridge location,
ferry, high-capacity transit, ramp metering, express-local lanes,
managed lanes, and a combined transit/TSM/TDM option. These options are
not included in the proposed ARDS because MDTA does not consider them
reasonable given the study's needs and objectives. Further information
on the additional options considered but not recommended for
advancement is included in the NOI Additional Project Information
Document. The NOI Additional Project Information Document is available
for review in the docket established for this study and on the
Chesapeake Bay Crossing Study website as noted in the ADDRESSES
section.
Brief Summary of Expected Effects
The Tier 2 Study EIS will evaluate potential effects to the human
environment resulting from the reasonable range of alternatives. Based
on information from the Tier 1 Study FEIS/ROD and early review of
existing environmental conditions within and in proximity to U.S. 50/
301 within the EIS study limits, the proposed action could result in
direct, indirect, and/or cumulative effects to the following resources
and environmental conditions:
Socioeconomic resources and land use (including communities
and land use; economics and employment; and visual resources)
Minority and low-income populations
Cultural and historic resources
Section 4(f) and section 6(f) properties (including parks and
recreational areas)
Natural resources (such as wetlands and waters; floodplains;
water quality; Coastal Barrier Resource Systems and Chesapeake Bay
Critical Areas; aquatic and terrestrial habitat and biota; rare,
threatened, and endangered species; unique and sensitive areas; and
hydrodynamics)
Hazardous materials
Air quality
Greenhouse gas (GHG) and climate change
Noise
Direct, indirect, and cumulative effects to these resources will be
assessed in the Tier 2 Study EIS. Based on data collection, evaluation,
and coordination with regulatory agencies and the public to date, it is
anticipated that potential effects to natural resources, socioeconomic
resources and land use, minority and low-income populations, cultural
and historic resources, and section 4(f) and section 6(f) properties
will be the focus of the Tier 2 Study EIS impact analysis.
Natural Resources: Wetlands and water resources, as well
as the terrestrial environment including forests, could be impacted by
the proposed build alternatives.
Socioeconomic Resources and Land Use: Potential effects to
socioeconomic resources and land use include conversion of agriculture,
forest, wetland, commercial, residential, and industrial land use
adjacent to the U.S. 50/301 roadway right-of-way (ROW).
Minority and Low-Income Populations: Potential effects to
minority and low-income populations due to construction of a build
alternative include, but are not limited to, conversion of commercial,
residential, and industrial properties adjacent to the roadway ROW, as
well as other potential environmental effects such as from noise and
air quality that could affect these populations.
Cultural and Historic Resources: Cultural, historic and
archaeological resources may be affected by the proposed build
alternatives.
Section 4(f) and section 6(f) Properties: The build
alternatives could result in permanent or temporary use of properties
protected by section 4(f) of the U.S. Department of Transportation Act
within the study limits. A Section 4(f) Evaluation will be prepared to
assess the potential permanent, temporary, constructive, or de minimis
use of section 4(f) properties. Analysis of potential impacts to
properties protected by section 6(f) of the Land and Water Conservation
Fund Act will also be conducted to determine whether a conversion of
any section 6(f) property would occur.
Additional information on the expected impacts, including
quantification of direct environmental
[[Page 90348]]
resource impacts potentially caused by the proposed ARDS, is provided
in the NOI Additional Project Information Document available for review
in the docket established for this study and on the Chesapeake Bay
Crossing study website as noted in the ADDRESSES section. Comments on
the expected impacts to be analyzed in the Tier 2 Study EIS are
welcomed during the NOI comment period.
Anticipated Permits, Other Authorizations, and Cooperating and
Participating Agencies
Anticipated permits and approvals (see NOI Additional Project
Information Document (Table 7-1) for a detailed breakdown of
anticipated permits and approvals) that could be required prior to the
commencement of construction include:
US Army Corps of Engineers (USACE) Civil Works approvals
under the section 408/River and Harbors Act--section 14, and Clean
Water Act section 404/River and Harbors Act--section 10, for review of
impacts to Civil Works projects and the regulation of proposed
discharges into Waters of the United States;
United States Coast Guard (USCG) approval under the
General Bridge Act/River and Harbors Act--section 9, for compliance
with navigation requirements for bridges;
Federal Aviation Administration (FAA) approval for
Obstruction Evaluation/Airport Airspace Analysis, for construction
activities near airports;
Federal Emergency Management Agency (FEMA) approval under
the National Flood Insurance Program;
FHWA approval under section 4(f) of the U.S. Department of
Transportation Act of 1966;
National Park Service (NPS) approval under the Land and
Water Conservation Fund Act, section 6(f), for approval for the
conversion of land or facilities acquired under the Land and Water
Conservation Fund;
USFWS approvals under the Bald and Golden Eagle Protection
Act, and Migratory Bird Treaty Act;
USFWS and National Oceanic and Atmospheric Administration
(NOAA) National Marine Fisheries Service (NMFS) approval under the
Endangered Species Act and the Marine Mammal Act for federally
protected species, as well as Fish and Wildlife Coordination Act, for
the protection of species and coastal resources;
NOAA NMFS approval under the Magnuson-Stevens Fishery
Conservation and Management Act for Essential Fish Habitat;
Natural Resources Conservation Service (NRCS) approval
under the Farmland Protection Policy Act for the conversion of
farmland;
Maryland Department of the Environment (MDE) approvals
under the Clean Water Act, section 401, Nontidal Wetlands Protection
Act & Program, Sediment & Erosion Control Program, Stormwater
Management regulations, Waterways Construction Statute, and MDE/
Maryland Board of Public Works (BPW) approval under the Tidal Wetlands
Act & Program, for consistency with water quality requirements and
minimization of erosion, flooding, and impacts to wetlands;
Maryland Department of Natural Resources (MDNR) approvals
under the Coastal Zone Consistency & Coastal Zone Management Program,
Forest Conservation Act, Nongame and Endangered Species Conservation
Act, Reforestation Law, Roadside Tree Law, and MDNR Critical Area
Commission approval under the Chesapeake Bay Critical Area Law, for the
protection of roadside trees, forests, State threatened and endangered
species, wetlands, and coastal areas;
Maryland Department of Planning (MDP) coordination for the
Maryland Smart Growth Act, for the preservation of resources and
prevention of sprawling development into rural areas;
State Historic Preservation Officer/Maryland Historical
Trust (MHT) consultation under section 106 of the National Historic
Preservation Act, including consultation with the Advisory Council on
Historic Preservation (ACHP) as appropriate, for the protection of
historic properties and resolution of any adverse effects; and
SHA coordination for evaluation of alternatives that could
affect SHA roadways and ROW.
Cooperating agencies include: USACE, USCG, EPA, NMFS, USFWS, NPS,
SHA, MDE, and MDNR. Participating agencies include: the Federal Transit
Administration (FTA), Advisory Council on Historic Preservation (ACHP),
U.S. Navy--Naval Facilities Engineering Systems Command (NAVFAC), FEMA,
FAA, Maryland Transit Administration (MTA), Maryland Port
Administration (MPA), MDP, Maryland Department of Emergency Management
(MDEM), BPW--Wetlands Division (BPW), MHT, Maryland Aviation
Administration (MAA), Delaware Department of Transportation (DelDOT),
Queen Anne's County, Anne Arundel County, and Baltimore Metropolitan
Council (BMC).
The MDTA does not anticipate submitting applications for permits
and approvals that require design-level detail as part of NEPA or
immediately following completion of the NEPA environmental review
process. Per 23 U.S.C. 139(d)(10), the aforementioned permits and
authorizations should be completed by no later than 90 days after the
issuance of the Record of Decision. However, for this project the MDTA
has requested in accordance with 23 U.S.C. 139(d)(10)(C)(ii) that those
permits and authorizations follow a different timeline because the
construction date is not expected until 2032. The development and
review of applications for permits and other approvals will be
completed as more detailed design and construction engineering
progresses beyond the Tier 2 Study EIS. The NEPA study will be
coordinated with the federal and state regulatory agencies based on
their role as Cooperating and Participating Agencies.
Anticipated permits and approvals that could be required prior to
the commencement of construction are also provided in the NOI
Additional Project Information Document, which is available for review
in the docket established for this study and on the Chesapeake Bay
Crossing study website as noted in the ADDRESSES section.
Scoping and Public Review
Public and agency outreach will include formal Public Scoping
Meetings in December 2024. A virtual meeting will be held on December
4, 2024, followed by two in person meetings on December 9 and 11, 2024.
The December 2024 Scoping Meetings will present information from the
NOI Additional Project Information Document, including existing
environmental conditions, the proposed ARDS for the proposed action,
and their potential environmental impacts. Public Hearings on the Tier
2 Study DEIS are anticipated in late 2025.
Pre-NOI public engagement activities for the Tier 2 Study were
initiated shortly after FHWA issued the Tier 1 Study FEIS/ROD in spring
2022. To date, the MDTA has held two sets of Public Open Houses (one
virtual Open House and two in-person Open Houses in September 2022 and
one virtual Open House and two in-person Open Houses in September
2023), a Transit and Bicycle/Pedestrian Listening Meeting, and numerous
community engagement events. The September 2022 meetings summarized the
results of the Tier 1 Study EIS, described the objectives of the Tier 2
Study and presented next steps in the Tier 2 Study. The September 2023
Open Houses presented the study's proposed Purpose and Need and the
alternatives development
[[Page 90349]]
process. Additional information on public engagement activities to date
is provided in the NOI Additional Project Information Document
available for review in the docket established for this study and on
the Chesapeake Bay Crossing study website as noted in the ADDRESSES
section of this notice.
Nineteen Interagency Coordination Meetings (ICMs) to facilitate
Cooperating and Participating agency coordination have been held since
June 2022. The MDTA and FHWA present information at ICMs about a
variety of Tier 2 Study topics and seek agency feedback. All
Cooperating and Participating agencies are encouraged to provide
comments at ICMs. The ICMs will continue to be held throughout the NEPA
environmental review process and development of the EIS. Additional
information on agency coordination to date are provided in the NOI
Additional Project Information Document available for review in the
docket established for this study and on the Chesapeake Bay Crossing
study website as noted in the ADDRESSES section of this notice.
Public notice has been given of the date, time, and location of the
Public Scoping Meetings. To assist in determining the scope of issues
to be addressed and identifying the potential for important issues
related to information in the NOI Additional Project Information
Document, the public will have the opportunity to submit written
comments at the Public Scoping Meetings and during the scoping comment
period beginning on the date of this NOI publication. Public input
received during the scoping process will be considered in the
development of the Tier 2 Study EIS. Once complete, the Tier 2 Study
DEIS will be available for public and agency review and comment prior
to the DEIS Public Hearing and for public review at the Tier 2 Study
DEIS Public Hearing. All substantive public comments on the Tier 2
Study DEIS will be addressed in the Tier 2 Study FEIS.
The FHWA intends to issue a single document that consists of the
Tier 2 Study FEIS and ROD pursuant to 49 U.S.C. 304a(b) [and 23 U.S.C.
139(n)(2)] unless FHWA determines that statutory criteria or
practicability considerations preclude issuance of such a combined
document.
Schedule for the Decision-Making Process
The Tier 2 Study EIS schedule will be established as part of the
requirements of the NEPA environmental review process under 23 U.S.C.
139 and will comply with 40 CFR 1501.10(b)(2), which requires that
environmental reviews for major infrastructure projects occur within
two years, and all necessary authorizations be issued efficiently and
in a timely manner, in cooperation with FHWA.
Following the issuance of this NOI, FHWA and MDTA will coordinate
with the Participating and Cooperating Agencies to develop study
documentation and the Tier 2 Study DEIS.
The anticipated study schedule is outlined below:
Public Scoping Meetings (December 2024)
End of Scoping Comment Period (January 2025)
Evaluation of Alternatives Retained for Detailed Study
(February 2025-June 2025)
MDTA's Recommended Preferred Alternative (July 2025)
Tier 2 Study DEIS Notice of Availability (NOA) (November 2025)
Tier 2 Study DEIS Comment Period and Public Hearings (December
2025)
Tier 2 Study Final EIS/ROD (November 2026)
Procurement for Final Design (Fall 2026-Spring 2028)
Commence Final Design (Spring 2028)
Permit Applications/Authorization Requests Submitted (Spring
2030)
All Permit Decisions and Authorizations Issued (Spring 2031)
Commence Construction (Summer 2032)
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
With this Notice, FHWA and MDTA request and encourage State,
Tribal, and local government agencies, and the public, to review the
NOI and NOI Additional Project Information Document and submit comments
on any aspect of the study. To ensure that all potential alternatives,
important issues, or environmental impacts and analyses relevant to the
proposed action are considered in the Tier 2 Study DEIS, comments and
suggestions are invited from all interested parties. Specifically,
agencies and the public are asked to comment on the purpose and need,
proposed ARDS, the existing environmental conditions and potential
impacts, and the identification of any relevant information, studies,
or analyses concerning impacts affecting the quality of the human
environment for consideration by the Lead and Cooperating Agencies in
developing the Tier 2 Study DEIS. The purpose of this request is to
bring relevant comments and information to FHWA's and MDTA's attention
as early in the process as possible to enable the agencies to make
maximum use of this information in decision making.
Comments must be received by January 13, 2025. Comments or
questions concerning this proposed action, including comments relative
to proposed ARDS, information and analyses, should be directed to FHWA
and MDTA at the addresses provided in the ADDRESSES section of this
notice.
Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 139; 23 CFR part 771.
Valeriya Remezova,
Division Administrator, Federal Highway Administration.
[FR Doc. 2024-26545 Filed 11-14-24; 8:45 am]
BILLING CODE 4910-22-P