81 FR 21441 - Proposed Third Renewed Memorandum of Understanding (MOU) Revision Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range		21441-21442
FR Document		2016-08242

The FHWA and the State of California acting by and through its Department of Transportation (Caltrans), propose a renewal of the State's participation in the 23 U.S.C. 326 program. This program allows FHWA to assign to States its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed Memorandum of Understanding (MOU), are categorically excluded from preparation of an Environmental Assessment or an Environmental Impact Statement under the National Environmental Policy Act. An amended MOU would renew the State's participation in the program. The MOU will be amended by incorporating the following change: FHWA may terminate the State's participation in this program if FHWA provides the State a notification of non-compliance, and a period of not less than 120 days to take corrective action as FHWA determines necessary, and if the State fails to take satisfactory corrective action as determined by FHWA.

Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21441-21442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08242]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2016-0007]


Proposed Third Renewed Memorandum of Understanding (MOU) Revision 
Assigning Certain Federal Environmental Responsibilities to the State 
of California, Including National Environmental Policy Act (NEPA) 
Authority for Certain Categorical Exclusions (CEs)

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed renewed MOU, request for comments.

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SUMMARY: The FHWA and the State of California acting by and through its 
Department of Transportation (Caltrans), propose a renewal of the 
State's participation in the 23 U.S.C. 326 program. This program allows 
FHWA to assign to States its authority and responsibility for 
determining whether certain designated activities within the geographic 
boundaries of the State, as specified in the proposed Memorandum of 
Understanding (MOU), are categorically excluded from preparation of an 
Environmental Assessment or an Environmental Impact Statement under the 
National Environmental Policy Act. An amended MOU would renew the 
State's participation in the program. The MOU will be amended by 
incorporating the following change: FHWA may terminate the State's 
participation in this program if FHWA provides the State a notification 
of non-compliance, and a period of not less than 120 days to take 
corrective action as FHWA determines necessary, and if the State fails 
to take satisfactory corrective action as determined by FHWA.

DATES: Comments must be received on or before May 11, 2016.

ADDRESSES: You may submit comments by any of the methods described 
below. To ensure that you do not duplicate your submissions, please 
submit them by only one of the means below. Electronic or facsimile 
comments are preferred because Federal offices experience intermittent 
mail delays due to security screening.
    Federal eRulemaking Portal: Go to Web site: http://www.regulations.gov/. Follow the instructions for submitting comments 
on the DOT electronic docket site (FHWA-2016-0007).
    Facsimile (Fax): 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590.
    Hand Delivery: 1200 New Jersey Avenue SE., Washington, DC 20590 
between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except 
Federal holidays.
    For access to the docket to view a complete copy of the proposed 
MOU, or to read background documents or comments received, go to http://www.regulations.gov/ at any time or to 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m. Eastern Time, Monday 
through Friday, except for Federal holidays.
    Instructions: You must include the agency name and docket number at 
the beginning of your comments. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: For FHWA: Shawn Oliver; by email at 
[email protected] or by telephone at 916-498-5048. The FHWA 
California Division Office's normal business hours are 8 a.m. to 4:30 
p.m. (Pacific Time), Monday-Friday, except for Federal holidays. For 
the State of California: Tammy Massengale; by email at 
[email protected] or by telephone at 916-653-5157. State 
business hours are the same as above although State holidays may not 
completely coincide with Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may reach the Office of the Federal Register's home 
page at: http://www.archives.gov/ and the Government Printing Office's 
database: http://www.fdsys.gov/. An electronic version of the proposed 
MOU may be downloaded by accessing the DOT DMS docket, as described 
above, at http://www.regulations.gov/.

Background

    Section 326 of Title 23 U.S. Code, creates a program that allows 
the Secretary of the DOT (Secretary) to assign, and a State to assume, 
responsibility for determining whether certain Federal highway projects 
are included within classes of action that are categorically excluded 
(CE) from requirements for Environmental Assessments or Environmental 
Impact Statements pursuant to the National Environmental Policy Act of 
1969 (NEPA), 42 U.S.C. 4321 et seq. In addition, this program allows 
the assignment of other environmental review requirements applicable to 
Federal highway projects. The Secretary delegated his authority to 
FHWA, which acts on behalf of the Secretary with respect to these 
matters. Through an amended Memorandum of Understanding (MOU), FHWA 
would renew California's participation in this program for a third 
time. The original MOU became effective on June 7, 2007, for an initial 
term of three (3) years. The first renewal followed on June 7, 2010, 
and the second renewal followed on June 7, 2013. The proposed third MOU 
renewal would supersede the second renewed MOU prior to its expiration 
date on June 7, 2016. Stipulation I(B) of the MOU describes the types 
of actions for which the State would assume project-level 
responsibility for determining whether the criteria for a CE are met. 
The FHWA would assign statewide decision-making responsibility for all 
activities within the categories listed in 23 CFR 771.117(c) and those 
listed as examples in 23 CFR 771.117(d), in addition to other CEs 
identified in associated Appendix A. In addition to the NEPA CE 
determination responsibilities, the MOU would assign to the State the 
following FHWA responsibilities for environmental review, consultation, 
or other related actions required under Federal laws and Executive 
Orders applicable to CE projects:

Air Quality

 Clean Air Act, 42 U.S.C. 7401-7671q. Determinations for 
project-level conformity if required for the project.

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918

[[Page 21442]]

 FHWA noise regulations at 23 CFR part 772

Wildlife

 Endangered Species Act of 1973, 16 U.S.C. 1531-1544
 Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
 Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
 Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
 Migratory Bird Treaty Act, 16 U.S.C. 703-712
 Magnuson-Stevens Fishery Conservation and Management Act of 
1976, as amended, 16 U.S.C. 1801-1891d

Historic and Cultural Resources

 National Historic Preservation Act of 1966, as amended, 54 
U.S.C. 300101 et seq.
 Archeological Resources Protection Act of 1979,16 U.S.C. 
470aa-470mm
 Archeological and Historic Preservation Act, 16 U.S.C. 469-
469c
 Native American Grave Protection and Repatriation Act, 25 
U.S.C. 3001-3013; 18 U.S.C. 1170

Social and Economic Impacts

 American Indian Religious Freedom Act, 42 U.S.C. 1996
 Farmland Protection Policy Act, 7 U.S.C. 4201-4209

Water Resources and Wetlands

 Clean Water Act, 33 U.S.C. 1251-1387: (Sections 319, 401, and 
404)
 Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
 Coastal Zone Management Act, 16 U.S.C. 1451-1466
 Safe Drinking Water Act, 42 U.S.C. 300f-300j-26
 Rivers and Harbors Act of 1899, 33 U.S.C. 403
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
 Wetlands Mitigation 23 U.S.C. 119(g) and 133(b)(14)
 FHWA wetland and natural habitat mitigation regulations at 23 
CFR part 777
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130

Parklands and Other Special Land Uses

 Section 4(f), 23 U.S.C. 138 and 49 U.S.C. 303
 FHWA/FTA Section 4(f) Regulations at 23 CFR part 774
 Land and Water Conservation Fund, 16 U.S.C. 460l-4-460l-11

Hazardous Materials

 Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act of 1986, 42 
U.S.C. 9671-9675
 Resource Conservation and Recovery Act, 42 U.S.C. 6901-6992k

Executive Orders Relating to Highway Projects

 E.O. 11990--Protection of Wetlands
 E.O. 11988--Floodplain Management, as amended by E.O. 13690--
Establishing a Federal Flood Risk Management Standard and a Process for 
Further Soliciting and Considering Stakeholder Input
 E.O. 12898--Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations
 E.O. 13112--Invasive Species

FHWA-Specific

 Planning and Environmental Linkages, 23 U.S.C. 168, with the 
exception of those FHWA responsibilities associated with 23 U.S.C. 134 
and 135.

 Programmatic Mitigation Plans, 23 U.S.C. 169 with the 
exception of those FHWA responsibilities associated with 23 U.S.C. 134 
and 135.

    The MOU allows the State to act in the place of FHWA in carrying 
out the functions described above, except with respect to government-
to-government consultations with federally recognized Indian tribes. 
The FHWA will retain responsibility for conducting formal government-
to-government consultation with federally recognized Indian tribes, 
which is required under some of the above-listed laws and Executive 
Orders. The State may assist FHWA with formal consultations, with 
consent of a tribe, but FHWA remains responsible for the consultation.
    This assignment includes transfer to the State of California the 
obligation to fulfill the assigned environmental responsibilities on 
any proposed project meeting the criteria in Stipulation I(B) of the 
MOU that were determined to be CEs prior to the effective date of the 
proposed MOU but that have not been completed as of the effective date 
of the MOU.
    This is the proposed third renewal of the State's participation in 
the program and incorporates changes in the termination process from 
the Fixing America's Surface Transportation (FAST) Act, Public Law 114-
94,129 Stat. 1312 (Dec. 4, 2015). Section 1307 of the FAST Act amended 
23 U.S.C. 326 to allow FHWA to terminate the State's participation in 
this program if FHWA provides the State a notification of non-
compliance and a period of not less than 120 days to take corrective 
action as FHWA determines necessary, and if the State fails to take 
satisfactory corrective action as determined by FHWA. In previous 
versions of the MOU the period for the State to take corrective action 
was 30 days.
    The FHWA will consider the comments submitted on the proposed MOU 
when making its decision on whether to execute this renewal MOU. The 
FHWA will make the final, executed MOU publicly available.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority:  23 U.S.C. 326; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 
49 CFR 1.85; 40 CFR 1507.3, 1508.4.

Mike Duman,
California Chief Operating Officer, Federal Highway Administration.
[FR Doc. 2016-08242 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-22-P

Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21441

The United States government is to take corrective action as FHWA Government Printing Office’s database:
prepared to license the export of these determines necessary, and if the State http://www.fdsys.gov/. An electronic
items having taken into account fails to take satisfactory corrective version of the proposed MOU may be
political, military, economic, human action as determined by FHWA. downloaded by accessing the DOT DMS
rights, and arms control considerations. DATES: Comments must be received on docket, as described above, at http://
More detailed information is or before May 11, 2016. www.regulations.gov/.
contained in the formal certification ADDRESSES: You may submit comments
which, though unclassified, contains Background
by any of the methods described below.
business information submitted to the To ensure that you do not duplicate Section 326 of Title 23 U.S. Code,
Department of State by the applicant, your submissions, please submit them creates a program that allows the
publication of which could cause by only one of the means below. Secretary of the DOT (Secretary) to
competitive harm to the United States Electronic or facsimile comments are assign, and a State to assume,
firm concerned. preferred because Federal offices responsibility for determining whether
Sincerely, experience intermittent mail delays due certain Federal highway projects are
Julia Frifield, to security screening. included within classes of action that
Assistant Secretary Legislative Affairs. Federal eRulemaking Portal: Go to are categorically excluded (CE) from
Enclosure: Transmittal No. DDTC 15–115. Web site: http://www.regulations.gov/. requirements for Environmental
Follow the instructions for submitting Assessments or Environmental Impact
Dated: April 5, 2016.
comments on the DOT electronic docket Statements pursuant to the National
Lisa V. Aguirre, Environmental Policy Act of 1969
site (FHWA–2016–0007).
Managing Director, Directorate of Defense Facsimile (Fax): 1–202–493–2251. (NEPA), 42 U.S.C. 4321 et seq. In
Trade Controls, U.S. Department of State. Mail: Docket Management Facility; addition, this program allows the
[FR Doc. 2016–08236 Filed 4–8–16; 8:45 am] U.S. Department of Transportation, 1200 assignment of other environmental
BILLING CODE 4710–25–P New Jersey Avenue SE., Washington, review requirements applicable to
DC 20590. Federal highway projects. The Secretary
Hand Delivery: 1200 New Jersey delegated his authority to FHWA, which
DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC 20590 acts on behalf of the Secretary with
between 9 a.m. and 5 p.m. Eastern Time, respect to these matters. Through an
Federal Highway Administration Monday through Friday, except Federal amended Memorandum of
[Docket No. FHWA–2016–0007] holidays. Understanding (MOU), FHWA would
For access to the docket to view a renew California’s participation in this
Proposed Third Renewed complete copy of the proposed MOU, or program for a third time. The original
Memorandum of Understanding (MOU) to read background documents or MOU became effective on June 7, 2007,
Revision Assigning Certain Federal comments received, go to http:// for an initial term of three (3) years. The
Environmental Responsibilities to the www.regulations.gov/ at any time or to first renewal followed on June 7, 2010,
State of California, Including National 1200 New Jersey Avenue SE., and the second renewal followed on
Environmental Policy Act (NEPA) Washington, DC 20590, between 9 a.m. June 7, 2013. The proposed third MOU
Authority for Certain Categorical and 5 p.m. Eastern Time, Monday renewal would supersede the second
Exclusions (CEs) through Friday, except for Federal renewed MOU prior to its expiration
holidays. date on June 7, 2016. Stipulation I(B) of
AGENCY: Federal Highway Instructions: You must include the
Administration (FHWA), DOT. the MOU describes the types of actions
agency name and docket number at the for which the State would assume
ACTION: Notice of proposed renewed beginning of your comments. All project-level responsibility for
MOU, request for comments. comments received will be posted determining whether the criteria for a
SUMMARY: The FHWA and the State of without change to http:// CE are met. The FHWA would assign
California acting by and through its www.regulations.gov, including any statewide decision-making
Department of Transportation (Caltrans), personal information provided. responsibility for all activities within
propose a renewal of the State’s FOR FURTHER INFORMATION CONTACT: For the categories listed in 23 CFR
participation in the 23 U.S.C. 326 FHWA: Shawn Oliver; by email at 771.117(c) and those listed as examples
program. This program allows FHWA to shawn.oliver@dot.gov or by telephone at in 23 CFR 771.117(d), in addition to
assign to States its authority and 916–498–5048. The FHWA California other CEs identified in associated
responsibility for determining whether Division Office’s normal business hours Appendix A. In addition to the NEPA
certain designated activities within the are 8 a.m. to 4:30 p.m. (Pacific Time), CE determination responsibilities, the
geographic boundaries of the State, as Monday-Friday, except for Federal MOU would assign to the State the
specified in the proposed Memorandum holidays. For the State of California: following FHWA responsibilities for
of Understanding (MOU), are Tammy Massengale; by email at environmental review, consultation, or
categorically excluded from preparation tammy.massengale@dot.ca.gov or by other related actions required under
of an Environmental Assessment or an telephone at 916–653–5157. State Federal laws and Executive Orders
Environmental Impact Statement under business hours are the same as above applicable to CE projects:
the National Environmental Policy Act. although State holidays may not
Air Quality
completely coincide with Federal
mstockstill on DSK4VPTVN1PROD with NOTICES

An amended MOU would renew the
State’s participation in the program. The holidays. • Clean Air Act, 42 U.S.C. 7401–7671q.
MOU will be amended by incorporating SUPPLEMENTARY INFORMATION: Determinations for project-level
the following change: FHWA may conformity if required for the project.
terminate the State’s participation in Electronic Access
Noise
this program if FHWA provides the Internet users may reach the Office of
State a notification of non-compliance, the Federal Register’s home page at: • Noise Control Act of 1972, 42 U.S.C.
and a period of not less than 120 days http://www.archives.gov/ and the 4901–4918

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Document Created: 2016-04-09 00:11:08
Document Modified: 2016-04-09 00:11:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of proposed renewed MOU, request for comments.
Dates		Comments must be received on or before May 11, 2016.
Contact		For FHWA: Shawn Oliver; by email at [email protected] or by telephone at 916-498-5048. The FHWA California Division Office's normal business hours are 8 a.m. to 4:30 p.m. (Pacific Time), Monday-Friday, except for Federal holidays. For the State of California: Tammy Massengale; by email at [email protected] or by telephone at 916-653-5157. State business hours are the same as above although State holidays may not completely coincide with Federal holidays.
FR Citation		81 FR 21441

81 FR 21441 - Proposed Third Renewed Memorandum of Understanding (MOU) Revision Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 81, Issue 69 (April 11, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration