81 FR 75900 - Application From the State of Florida to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range		75900-75901
FR Document		2016-26340

This notice announces that FHWA has received and reviewed an application from the Florida Department of Transportation (FDOT) requesting participation in the Surface Transportation Project Delivery Program (Program). This Program allows for FHWA to assign, and States to assume, responsibilities under the National Environmental Policy Act of 1969 (NEPA), and all or part of FHWA's responsibilities for environmental review, consultation, or other actions required under any Federal environmental law with respect to one or more Federal-aid highway projects within the State. The FHWA has determined that the application is complete, and developed a draft MOU with FDOT outlining how the State would implement the program with FHWA oversight. The FHWA invites the public to comment on FDOT's request, including its application, and the proposed MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)

[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75900-75901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26340]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2016-0026]


Application From the State of Florida to the Surface 
Transportation Project Delivery Program and Proposed Memorandum of 
Understanding (MOU) Assigning Environmental Responsibilities to the 
State

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed MOU and request for comments.

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SUMMARY: This notice announces that FHWA has received and reviewed an 
application from the Florida Department of Transportation (FDOT) 
requesting participation in the Surface Transportation Project Delivery 
Program (Program). This Program allows for FHWA to assign, and States 
to assume, responsibilities under the National Environmental Policy Act 
of 1969 (NEPA), and all or part of FHWA's responsibilities for 
environmental review, consultation, or other actions required under any 
Federal environmental law with respect to one or more Federal-aid 
highway projects within the State. The FHWA has determined that the 
application is complete, and developed a draft MOU with FDOT outlining 
how the State would implement the program with FHWA oversight. The FHWA 
invites the public to comment on FDOT's request, including its 
application, and the proposed MOU, which includes the proposed 
assignments and assumptions of environmental review, consultation, and 
other activities.

DATES: Please submit comments by December 1, 2016.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Facsimile (Fax): 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave., SE., West Building Ground Floor 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Ave. SE., Washington, DC 20590 between 9:00 a.m. and 
5:00 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: You must include the agency name and docket number at 
the beginning of your comments. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Benito Cunill, Team Leader 
Environmental Program, Federal Highway Administration Florida Division, 
3500 Financial Plaza, Suite 400, Tallahassee, FL 32312, 8:00 a.m.-4:00 
p.m. e.t., (850) 553-2224, [email protected].
    Ken Morefield, Director, Office of Environmental Management, 
Florida Department of Transportation, 605 Suwannee Street, MS 37, 
Tallahassee, FL 32399-0450, 8:00 a.m.-4:00 p.m. e.t, (850) 414-4316, 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this notice may be downloaded from the 
Federal Register's home page at http://www.archives.gov. An electronic 
version of the application materials and proposed MOU may be downloaded 
by accessing the DOT DMS docket, as described above, at http://www.regulations.gov/.

Background

    Section 327 of title 23, United States Code (23 U.S.C. 327), allows 
the Secretary of the Department of Transportation (Secretary), to 
assign, and a State to assume, responsibility for all or part of FHWA's 
responsibilities for environmental review, consultation, or other 
actions required under any Federal environmental law with respect to 
one or more Federal-aid highway projects within the State pursuant to 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
The FHWA is authorized to act on behalf of the Secretary with respect 
to these matters.
    Under the proposed MOU, FHWA would assign to the State, through 
FDOT, the responsibility for making decisions on the following types of 
highway projects:
    1. All Class I, or Environmental Impact Statement (EIS) projects, 
both on the State Highway System (SHS) and Local Agency Program (LAP) 
projects off the SHS that are funded by FHWA or require FHWA approvals.
    2. All Class II, or Categorically Excluded (CE), projects, both on 
the SHS and LAP projects off the SHS, that are funded by FHWA or 
require FHWA approvals.
    3. All Class III, or Environmental Assessment (EA) projects, both 
on the SHS and LAP projects off the SHS, that are funded by FHWA or 
require FHWA approvals.
    4. The FDOT will not assume the NEPA responsibilities of other 
Federal agencies. However, FDOT may use or adopt other Federal 
agencies' NEPA analyses or documents consistent with 40 CFR parts 1500-
1508, current law, and DOT and FHWA regulations, policies, and 
guidance.
    Excluded from assignment are highway projects authorized under 23 
U.S.C. 202, 203, and 204 unless the project will be designed and/or 
constructed by FDOT, projects that cross State boundaries, and projects 
that cross or are adjacent to international boundaries. This assignment 
also does not include the environmental review associated with the 
development and approval of the Draft EIS, FEIS, and ROD for the 
following projects.

    a. I-4 Beyond the Ultimate (BTU) which consists of the three 
following project segments: Segment 2 FM # 242484-7 SR 400 (I-4) 
west of SR 528 (Beachline) to west of SR 435 Kirkman Rd; Segment 3 
FM # 242592-4 SR 400 (I-4) 1 mile east of SR 434 to east of SR 15/
600/US 17/92 Seminole/Volusia C/L; Segment 4 FM # 408464-2 SR 400 
(I-4) east of SR 15/600/US 17/92 to \1/2\ mile east of SR 472; and 
I-4 Ultimate

[[Page 75901]]

Segment FM # 242703-1 SR 400 (I-4) west of SR 435 (Kirkman Rd) to 
east of SR 434.
    b. Tampa Interstate Study (TIS) which consists of the three 
following project sections: Section 4 FM # 412531-1 (Note Sections 4 
and 5 have same Design FM #) I-275/SR 60 and Northwest/Veterans; 
Section 5 FM # 412531-1 (Note Sections 4 and 5 have same Design FM 
#) I-275 Lois to Hillsborough River; and Section 6 FM # 433821-1 I-
275/I-4 Downtown Interchange.

    The assignment also would give the State the responsibility to 
conduct the following environmental review, consultation, and other 
related activities for project delivery:

Air Quality

 Clean Air Act, 42 U.S.C. 7401-7671q, with the exception of 
project level conformity determinations (42 U.S.C. 7506)

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918
 FHWA noise regulations at 23 CFR part 772
 Airport Noise and Capacity Act of 1990, 49 U.S.C. 47521-47534

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, with Essential Fish Habitat 
requirements at 16 U.S.C. 1855(b)(2)

Hazardous Materials Management

 Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C. 
9671-9675
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k

Historic and Cultural Resources

 National Historic Preservation Act of 1966, as amended, 54 
U.S.C. 306101 et seq.
 23 U.S.C. 138 and Section 4(f) of the Department of 
Transportation Act of 1966, 49 U.S.C. 303, and implementing regulations 
at 23 CFR part 774
 Preservation of Historical and Archaeological Data, 54 U.S.C. 
312501-312508
 Archeological Resources Protection Act of 1979, 16 U.S.C. 
470(aa)-(mm)
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 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 (FPPA), 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 (SDWA), 42 U.S.C. 300f-300j-26
 Rivers and Harbors Act of 1899, 33 U.S.C. 401-406
 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)
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777

Parklands and Other Special Land Uses

 Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C. 138, 49 U.S.C. 303, and implementing regulations at 23 CFR 
part 774
 Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-
200310

FHWA-Specific

 Environmental Impact and Related Procedures, 23 CFR part 771
 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
 Efficient Project Reviews for Environmental Decision Making 23 
U.S.C. 139
 Programmatic Mitigation Plans, 23 U.S.C. 169 with the 
exception of those FHWA responsibilities associated with 23 U.S.C. 134 
and 135

Executive Orders (E.O.) Relating to Highway Projects

 E.O. 11988, Floodplain Management, (except design matters and 
determinations that significant encroachment is the only practicable 
alternative under 23 CFR parts 625 and 650)
 E.O. 11990, Protection of Wetlands
 E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations
 E.O. 13112, Invasive Species

    The MOU would allow FDOT to act in the place of FHWA in carrying 
out the environmental review-related 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 listed 
laws and executive orders. The FDOT will continue to handle routine 
consultations with the tribes and understands that a tribe has the 
right to direct consultation with the FHWA upon request. The FDOT also 
may assist FHWA with formal consultations, with consent of a tribe, but 
FHWA remains responsible for the consultation. The FDOT also will not 
assume FHWA's responsibilities for conformity determinations required 
under Section 176 of the Clean Air Act (42 U.S.C. 7506), or any 
responsibility under 23 U.S.C. 134 or 135, or under 49 U.S.C. 5303 or 
5304.
    A copy of the proposed MOU may be viewed on the DOT DMS Docket, as 
described above, or may be obtained by contacting FHWA or the State at 
the addresses provided above. A copy also may be viewed on FDOT's Web 
site at: http://www.dot.state.fl.us/emo/NEPAAssignment.shtm.
    The FHWA Florida Division, in consultation with FHWA Headquarters, 
will consider the comments submitted when making its decision on the 
proposed MOU revision. Any final MOU approved by FHWA may include 
changes based on comments and consultations relating to the proposed 
MOU and will be made publicly available.

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

    Authority: 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.101-
139; 23 CFR 773.109; and 40 CFR 1507.3.

    Issued on: October 24, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-26340 Filed 10-31-16; 8:45 am]
 BILLING CODE 4910-22-P

75900 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

mandates specified aviation entities to determined that the application is Background
conduct drug and alcohol testing under complete, and developed a draft MOU
Section 327 of title 23, United States
its regulations, Drug and Alcohol with FDOT outlining how the State
Code (23 U.S.C. 327), allows the
Testing Program (14 CFR part 120), 49 would implement the program with
Secretary of the Department of
U.S.C. 31306 (Alcohol and controlled FHWA oversight. The FHWA invites the
Transportation (Secretary), to assign,
substances testing), and the Omnibus public to comment on FDOT’s request,
and a State to assume, responsibility for
Transportation Employee Testing Act of including its application, and the
all or part of FHWA’s responsibilities
1991 (the Act). The FAA uses proposed MOU, which includes the
for environmental review, consultation,
information collected for determining proposed assignments and assumptions
or other actions required under any
program compliance or non-compliance of environmental review, consultation,
Federal environmental law with respect
of regulated aviation employers, and other activities.
to one or more Federal-aid highway
oversight planning, determining who DATES: Please submit comments by projects within the State pursuant to the
must provide annual MIS testing December 1, 2016. National Environmental Policy Act of
information, and communicating with
ADDRESSES: To ensure that you do not 1969 (42 U.S.C. 4321 et seq.). The
entities subject to the program
duplicate your docket submissions, FHWA is authorized to act on behalf of
regulations.
please submit them by only one of the the Secretary with respect to these
Respondents: Approximately 7,000
following means: matters.
affected entities annually.
Frequency: Information is collected • Federal eRulemaking Portal: Go to Under the proposed MOU, FHWA
on occasion. http://www.regulations.gov and follow would assign to the State, through
Estimated Average Burden per the online instructions for submitting FDOT, the responsibility for making
Response: 5 minutes. comments. decisions on the following types of
Estimated Total Annual Burden: • Facsimile (Fax): 1–202–493–2251. highway projects:
22,902 hours. • Mail: Docket Management Facility; 1. All Class I, or Environmental
Issued in Washington, DC, on October 26,
U.S. Department of Transportation, 1200 Impact Statement (EIS) projects, both on
2016. New Jersey Ave., SE., West Building the State Highway System (SHS) and
Ronda L. Thompson,
Ground Floor Room W12–140, Local Agency Program (LAP) projects off
Washington, DC 20590–0001. the SHS that are funded by FHWA or
FAA Information Collection Clearance
Officer, Performance, Policy & Records • Hand Delivery: West Building require FHWA approvals.
Management Branch, ASP–110. Ground Floor, Room W12–140, 1200 2. All Class II, or Categorically
[FR Doc. 2016–26355 Filed 10–31–16; 8:45 am]
New Jersey Ave. SE., Washington, DC Excluded (CE), projects, both on the
20590 between 9:00 a.m. and 5:00 p.m. SHS and LAP projects off the SHS, that
BILLING CODE 4910–13–P
e.t., Monday through Friday, except are funded by FHWA or require FHWA
Federal holidays. approvals.
DEPARTMENT OF TRANSPORTATION Instructions: You must include the 3. All Class III, or Environmental
agency name and docket number at the Assessment (EA) projects, both on the
Federal Highway Administration beginning of your comments. All SHS and LAP projects off the SHS, that
comments received will be posted are funded by FHWA or require FHWA
[Docket No. FHWA–2016–0026]
without change to http:// approvals.
Application From the State of Florida www.regulations.gov, including any 4. The FDOT will not assume the
to the Surface Transportation Project personal information provided. NEPA responsibilities of other Federal
Delivery Program and Proposed FOR FURTHER INFORMATION CONTACT: agencies. However, FDOT may use or
Memorandum of Understanding (MOU) Benito Cunill, Team Leader adopt other Federal agencies’ NEPA
Assigning Environmental Environmental Program, Federal analyses or documents consistent with
Responsibilities to the State Highway Administration Florida 40 CFR parts 1500–1508, current law,
Division, 3500 Financial Plaza, Suite and DOT and FHWA regulations,
AGENCY: Federal Highway 400, Tallahassee, FL 32312, 8:00 a.m.– policies, and guidance.
Administration (FHWA), U.S. 4:00 p.m. e.t., (850) 553–2224, Excluded from assignment are
Department of Transportation (DOT). Benito.Cunill@dot.gov. highway projects authorized under 23
ACTION: Notice of proposed MOU and Ken Morefield, Director, Office of U.S.C. 202, 203, and 204 unless the
request for comments. Environmental Management, Florida project will be designed and/or
SUMMARY: This notice announces that Department of Transportation, 605 constructed by FDOT, projects that cross
FHWA has received and reviewed an Suwannee Street, MS 37, Tallahassee, State boundaries, and projects that cross
application from the Florida Department FL 32399–0450, 8:00 a.m.–4:00 p.m. e.t, or are adjacent to international
of Transportation (FDOT) requesting (850) 414–4316, ken.morefield@ boundaries. This assignment also does
participation in the Surface dot.state.fl.us. not include the environmental review
Transportation Project Delivery Program associated with the development and
SUPPLEMENTARY INFORMATION:
(Program). This Program allows for approval of the Draft EIS, FEIS, and
FHWA to assign, and States to assume, Electronic Access ROD for the following projects.
responsibilities under the National An electronic copy of this notice may a. I–4 Beyond the Ultimate (BTU) which
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Environmental Policy Act of 1969 be downloaded from the Federal consists of the three following project
(NEPA), and all or part of FHWA’s Register’s home page at http:// segments: Segment 2 FM # 242484–7 SR 400
responsibilities for environmental (I–4) west of SR 528 (Beachline) to west of
www.archives.gov. An electronic
SR 435 Kirkman Rd; Segment 3 FM #
review, consultation, or other actions version of the application materials and 242592–4 SR 400 (I–4) 1 mile east of SR 434
required under any Federal proposed MOU may be downloaded by to east of SR 15/600/US 17/92 Seminole/
environmental law with respect to one accessing the DOT DMS docket, as Volusia C/L; Segment 4 FM # 408464–2 SR
or more Federal-aid highway projects described above, at http:// 400 (I–4) east of SR 15/600/US 17/92 to 1⁄2
within the State. The FHWA has www.regulations.gov/. mile east of SR 472; and I–4 Ultimate

VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1

Document Created: 2016-11-01 02:35:59
Document Modified: 2016-11-01 02:35:59

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 MOU and request for comments.
Dates		Please submit comments by December 1, 2016.
Contact		Benito Cunill, Team Leader Environmental Program, Federal Highway Administration Florida Division, 3500 Financial Plaza, Suite 400, Tallahassee, FL 32312, 8:00 a.m.-4:00 p.m. e.t., (850) 553-2224, [email protected]
FR Citation		81 FR 75900

81 FR 75900 - Application From the State of Florida to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 81, Issue 211 (November 1, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration