Federal Highway Administration – Federal Register Recent Federal Regulation Documents

The FHWA, on behalf of the FDOT, is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed State Road (S.R.) 85 Project Development and Environment (PD&E) Study (Financial Management Number 220171-2-22-01). The proposed S.R. 85 project will add capacity to S.R. 85 from S.R. 123 (Roger J. Clary Highway) to Mirage Avenue, a distance of approximately 12.2 miles. Improvements consist of roadway widening from four to six lanes, bridge replacements, improvements at signalized intersections, reconstruction of the interchange at I-10 as a Diverging Diamond Interchange (DDI), and the construction of stormwater management facilities. These actions grant licenses, permits, or approvals for the project.

The Moving Ahead for Progress in the 21st Century Act (MAP-21) established the Surface Transportation Project Delivery Program that allows a State to assume FHWA's environmental responsibilities for environmental review, consultation, and compliance under the National Environmental Policy Act (NEPA) for Federal highway projects. When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed, in lieu of FHWA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements. This notice announces and solicits comments on the fourth audit report for the Alaska Department of Transportation and Public Facilities (DOT&PF).

The Moving Ahead for Progress in the 21st Century Act (MAP-21) established the Surface Transportation Project Delivery Program that allows a State to assume FHWA's responsibilities for environmental review, consultation, and compliance under the National Environmental Policy Act (NEPA) for Federal highway projects. When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed in lieu of FHWA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements. This notice finalizes the findings of the third audit report for the Utah Department of Transportation (UDOT).

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to submit one information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 2, 2022. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to submit one information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 2, 2022. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed project, to construct a new bridge over the Sacramento River south of Pioneer Bridge (US 50), in the County of Yolo, State of California. Those actions grant licenses, permits, and approvals for the project.

The FHWA, in cooperation with the Connecticut Department of Transportation (CTDOT) is issuing this Notice to advise the public that we are rescinding the June 3, 1996, Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Route 2/2A/32 Project in New London County, Connecticut. We are rescinding the NOI because a substantial amount of time has passed since its publication and there is a need to re-evaluate traffic growth and congestion in the region.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to submit one information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 17, 2022. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This Notice makes a correction to a prior Notice of Limitation on Claims for Judicial Review on a highway project in the County of San Mateo, State of California, to correct the reference to Action being taken.

This notice announces actions taken by FHWA and other Federal agencies that are final. The actions relate to the I-495 and I-270 Managed Lanes Study, in Montgomery and Prince George's Counties, Maryland and Fairfax County, Virginia.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed highway project, the State Route 132 Dakota Avenue to Gates Road Project on State Route 132 from post mile 4.5 to R11.7 in the county of Stanislaus, State of California. Those actions grant licenses, permits, and approvals for the project.

The FHWA, in coordination with the Idaho Department of Transportation (ITD), is issuing this Notice of Intent (NOI) to solicit comment and advise the public, agencies, and stakeholders that an Environmental Impact Statement (EIS) will be prepared for transportation improvements to Interstate 15 (I-15) and United States Highway 20 (US20) in Idaho Falls, Bonneville County, Idaho. Persons and agencies who may be interested in or affected by the proposed project are encouraged to comment on the information in this NOI and the NOI Supplementary Information document. All comments received in response to this Notice of Intent will be considered and any information presented herein, including the preliminary purpose and need, preliminary alternatives and identified impacts, may be revised in consideration of the comments.

FHWA, on behalf of the Utah Department of Transportation (UDOT), is issuing this notice to advise the public that an EIS will be prepared for proposed transportation improvements on the Interstate 15 corridor from Farmington to Salt Lake City, Utah. Persons or agencies who might be affected by the proposed project are encouraged to comment on the information in this Notice of Intent (NOI). All comments received in response to this NOI will be considered, and any information presented in this NOI, including the preliminary purpose and need, preliminary alternatives, and identified impacts, might be revised in consideration of the comments.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed roadway project, the I-10 Bypass: Banning to Cabazon Project from the intersection of Hathaway Street and Westward Avenue in the City of Banning to the intersection of Bonita Avenue and Apache Trail in the unincorporated community of Cabazon, for approximately 3.3 miles of new roadway in the County of Riverside, State of California. Those actions grant approvals for the project.

This notice announces actions taken by FHWA and other Federal agencies that are final. These final agency actions relate to a proposed highway project, I-375, from I-75 South of Mack Avenue to the Detroit Riverfront in the city of Detroit, Wayne County, State of Michigan. The actions issue National Environmental Policy Act (NEPA) and Section 4(f) of the U.S. Department of Transportation Act of 1966 (Section 4(f)) decisions relating to the I-375 improvement project. FHWA's Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for proposed improvements.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to submit one information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

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.

FHWA, in coordination with the Virginia Department of Transportation (VDOT), is issuing this notice of intent to solicit comment and advise the public, agencies, and stakeholders that an Environmental Impact Statement (EIS) will be prepared to study potential improvements to seven miles of Interstate 664 (I-664) and the Bowers Hill Interchange area at the confluence of I-664, I-64, I-264, U.S. Route 460, U.S. Route 58, U.S. Route 13 and Jolliff Road in the cities of Chesapeake and Suffolk, Virginia. Persons or agencies who may be affected by the proposed project are encouraged to comment on the information in this notice and the Supplementary Notice of Intent Document. All comments received in response to this Notice of Intent Document will be considered and any information presented herein, including the preliminary purpose and need, preliminary alternatives and identified impacts, may be revised in consideration of the comments.

Through this final rule, FHWA will remove a regulation from the CFR that has been rendered obsolete by the passage of subsequent legislation. The FHWA believes that because the underlying statutory authority for this regulation has substantially changed since adopted, this final rule eliminates any confusion that may be caused by its existence in the CFR.

The recently enacted Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act, authorizes a recipient or subrecipient of a grant provided by the DOT Secretary under Title 23 or 49, United States Code, to implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant subject to any applicable State and local laws, policies, and procedures. Based on this statutory authorization, FHWA is announcing a transition from its initiative announced in May 2021, which permitted, on an experimental basis, recipients and subrecipients of Federal funds for Federal-aid highway projects to utilize geographic, economic, or other hiring preferences or innovative contracting approaches not otherwise authorized by law. The May 2021 initiative was carried out as a pilot program under FHWA's existing experimental contracting authority and the legal authority in the Section 199B of the Consolidated Appropriations Act, 2021, authorizing such hiring preferences ``not otherwise authorized by law.'' Now that BIL creates the legal authority for local or other geographical or economic hiring preferences, an experimental pilot program for such hiring preferences is no longer needed. In Addition, the use of such preferences going forward are subject to Section 25019 of the BIL, not Section 199B of the Consolidated Appropriations Act, 2021.

This notice provides information regarding FHWA's finding that it is appropriate to grant a Buy America waiver to the Golden Gate Bridge, Highway & Transportation District (District) for procurement of foreign iron and steel components for the maintenance traveler system, which is needed to allow continued inspections and routine maintenance operations after the Golden Gate Bridge Physical Suicide Deterrent System Project (Project) is constructed. The non-domestic parts include: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts.

FHWA amends its regulations governing design standards and standard specifications applicable to new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, and rehabilitation projects on the National Highway System (NHS). In issuing this final rule, FHWA will allow State departments of transportation (State DOT) to adopt procedures or design criteria, as approved by FHWA, that enable the State to undertake resurfacing, restoration, and rehabilitation (RRR) projects on freeways, including Interstate highways, without utilizing design exceptions as long as the RRR procedures or criteria are met. In addition, FHWA incorporates by reference the latest versions of design standards and standard specifications previously adopted and incorporated by reference and removes from its regulations the corresponding outdated or superseded versions of these standards and specifications.

FHWA amends its regulations governing the accommodation of utilities on the right-of-way (ROW) of Federal-aid or direct Federal highway projects to implement requirements of the Consolidated Appropriations Act, 2018, for broadband infrastructure deployment. The requirements, which will apply to each State that receives Federal funds under Chapter 1 of title 23, United States Code (U.S.C.), aim to facilitate the installation of broadband infrastructure.

The recently enacted Bipartisan Infrastructure Law invests in the deployment of electric vehicle (EV) charging infrastructure as one of many important ways to confront the climate crisis. Through a National Electric Vehicle Formula Program (EV Charging Program), the law provides funding to States to strategically deploy EV charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability. The law also establishes a discretionary grant program for Charging and Fueling Infrastructure (Charging and Fueling Infrastructure Program) to strategically deploy publicly accessible EV charging infrastructure and hydrogen, propane, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that are accessible to all drivers of such vehicles. The law directs DOT, in coordination or consultation with the Department of Energy (DOE), to develop guidance for both programs. Through this notice, FHWA invites public comments to inform the development of the guidance. FHWA is especially interested in comments suggesting ways that the guidance could promote equity in the deployment of EV charging infrastructure under these programs.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed roadway project, the I-10 Bypass: Banning to Cabazon Project from the intersection of Hathaway Street and Westward Avenue in the City of Banning, to the intersection of Bonita Avenue and Apache Trail in the unincorporated community of Cabazon, for approximately 3.3 miles of new roadway in the County of Riverside, State of California. Those actions grant licenses, permits, and approvals for the project.