81_FR_80929 81 FR 80708 - Renewal Package From the State of California to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State

81 FR 80708 - Renewal Package From the State of California 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 221 (November 16, 2016)

Page Range80708-80710
FR Document2016-27502

This notice announces that FHWA has received and reviewed a renewal package from the California Department of Transportation (Caltrans) requesting renewed 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 (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 highway projects within the State. The FHWA has determined the renewal package to be complete, and developed a draft renewal MOU with Caltrans outlining how the State will implement the program with FHWA oversight. The public is invited to comment on Caltrans' request, including its renewal package and the proposed renewal MOU, which includes the proposed assignments and assumptions of environmental review, consultation and other activities.

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016) 
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80708-80710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27502]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2016-0019]


Renewal Package From the State of California 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 (USDOT).

ACTION: Notice of proposed MOU and request for comments.

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

SUMMARY: This notice announces that FHWA has received and reviewed a 
renewal package from the California Department of Transportation 
(Caltrans) requesting renewed 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 (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 highway projects within the State. The FHWA has 
determined the renewal package to be complete, and developed a draft 
renewal MOU with Caltrans outlining how the State will implement the 
program with FHWA oversight. The public is invited to comment on 
Caltrans' request, including its renewal package and the proposed 
renewal MOU, which includes the proposed assignments and assumptions of 
environmental review, consultation and other activities.

DATES: Please submit comments by December 16, 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: For the 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

    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 DOT (Secretary) to assign, and a State to assume, 
the responsibilities under the National Environmental Policy Act of 
1969 (NEPA) (42 U.S.C. 4321 et seq.) and all or part of the 
responsibilities for environmental review, consultation, or other 
actions required under certain Federal environmental laws with respect 
to one or more Federal-aid highway projects within the State. The FHWA 
is authorized to act on behalf of the Secretary with respect to these 
matters.
    Caltrans entered the Surface Transportation Project Delivery Pilot

[[Page 80709]]

Program on July 1, 2007, after submitting its application to FHWA, 
obtaining FHWA's approval, and entering into a Memorandum of 
Understanding (MOU) in accordance with Section 6005 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (Pub. L. 109-59, 119 Stat. 1898) (23 U.S.C. 327) and FHWA's 
application regulations for the pilot program (the original 23 CFR part 
773). On July 6, 2012, President Obama signed into law the Moving Ahead 
for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 
Stat. 545-547). Section 1313 of MAP-21 made the Program permanent, 
required that the MOU between FHWA and a State have a term of not more 
than 5 years, and allowed FHWA to renew a States' participation in the 
Program. The MAP-21 also required the Secretary to amend, as 
appropriate, the Program's application regulations to account for the 
amendments to the Program. On September 25, 2012, FHWA and Caltrans 
entered into a MOU allowing Caltrans to continue to participate in the 
Program under the terms of the existing MOU until 18 months from the 
effective date of the final Program application regulations. This 
timeframe would allow enough time for the U.S. Department of 
Transportation to develop the process for renewing a State's 
participation and for Caltrans to follow any steps required by the new 
regulations. The final rule establishing the revised Program 
application and the renewal process (the amended 23 CFR part 773) 
became effective on October 16, 2014, making April 16, 2016, the 
expiration date for Caltrans' participation under the existing MOU.
    On June 22, 2015, after coordination with FHWA, Caltrans submitted 
the renewal package in accordance with the renewal regulations in 23 
CFR 773.115. On December 4, 2015, President Obama signed into law the 
Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94, 
129 Stat. 1390-1392) making further amendments to the Program. On April 
1, 2016, FHWA extended the terms of the NEPA Assignment MOU from the 
expiration date of April 16, 2016, to December 31, 2016, to allow 
additional time for the negotiation of the terms of the renewal MOU to 
be consistent with the changes in the FAST Act. This extension was 
authorized under 23 CFR 773.115(h).
    Under the proposed renewal MOU, FHWA would assign to the State, 
through Caltrans, 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 government projects 
off the SHS that are funded by FHWA or require FHWA approvals. This 
assignment does not include the environmental review associated with 
the development and approval of the Draft EIS, Final EIS, and ROD for 
the following project: District 1: Eureka/Arcata Corridor Improvement.
    2. All Class II, or categorically excluded (CE), projects, both on 
the SHS and local government projects off the SHS that are funded by 
FHWA or require FHWA approvals, and that do not qualify for assignment 
of responsibilities pursuant to the MOU for environmental reviews and 
decisions for actions qualifying for CEs pursuant to the 23 U.S.C. 326 
program.
    3. All Class III, or environmental assessment (EA) projects, both 
on the SHS and local government projects off the SHS that are funded by 
FHWA or require FHWA approvals with the exception of the following 
projects: District 5: Highway 1 Congestion Management-Santa Cruz HOV 
Lanes and District 9: Inyo-395 Olancha to Cartago 4 Lane.
    4. Projects funded by other Federal agencies [or projects without 
any Federal funding] of any Class that also include funding by FHWA or 
require FHWA approvals. For these projects, Caltrans would not assume 
the NEPA responsibilities of other Federal agencies.
    Excluded from assignment are highway projects authorized under 23 
U.S.C. 202 and 203, highway projects under 23 U.S.C. 204 unless the 
project will be designed and constructed by Caltrans, projects that 
cross State boundaries, and projects that cross or are adjacent to 
international boundaries.
    The assignment also would give Caltrans the responsibility to 
conduct the following environmental review, consultation, and other 
related activities:

Air Quality

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

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918
 Compliance with the noise regulations in 23 CFR 772

Wildlife

 Section 7 of the 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 et seq., with Essential Fish 
Habitat requirements at 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

 Section 106 of the 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
 Archeological Resources Protection Act of 1979, 16 U.S.C. 
470aa-470mm
 Title 54, Chapter 31--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-30131; 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 (Section 404, Section 
401, Section 319)
 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)
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777

[[Page 80710]]

 Flood Disaster Protection Act, 42 U.S.C. 4001-4130

Parklands

 Section 4(f) of the Department of Transportation Act of 1966, 
49 U.S.C. 303
 Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-
200310

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

Executive Orders Relating to Highway Projects

 E.O. 11990, Protection of Wetlands
 E.O. 11988, Floodplain Management (except approving design 
standards and determinations that a significant encroachment is the 
only practicable alternative under 23 CFR 650.113 and 650.115)
 E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations
 E.O. 13112, Invasive Species

    The proposed renewal MOU would allow Caltrans to continue 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. 
Caltrans will continue to handle routine consultations with the tribes 
and understands that a tribe has the right to direct consultation with 
FHWA upon request. Caltrans also may assist FHWA with formal 
consultations, with consent of a tribe, but FHWA remains responsible 
for the consultation. The FHWA and Caltrans have received requests for 
formal consultations with several tribes regarding the proposed renewal 
of the MOU and currently are engaged in ongoing consultations. Caltrans 
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.
    The MOU content reflects Caltrans' desire to continue its 
participation in the Program without any changes (that is, no new 
responsibilities were requested). The FHWA and Caltrans have agreed to 
modify some of the provisions in the MOU to: Establish the monitoring 
process required by the permanent Program; accommodate changes 
specified in Section 1308 of the FAST Act; clarify, the role of the 
Department of Justice and FHWA in settlements and appeals; and to make 
the renewed MOU notice and review time frames consistent with other 
States in this program. The FHWA and Caltrans have also agreed on a 
process to address a possible temporary lapse in the State's statutory 
consent to Federal court jurisdiction and waiver of sovereign immunity 
waiver. If the State does not provide consent to Federal court 
jurisdiction and waive sovereign immunity by December 31, 2016, this 
MOU will be suspended and Caltrans will not be able to make any NEPA 
decisions or implement any of the environmental review responsibilities 
assigned under the MOU. The FHWA and Caltrans propose a temporary 
suspension not to exceed 90 days to provide time for the State to 
address the deficiency. In the event that the State does not take the 
necessary action and Caltrans does not provide adequate certification 
within the time period provided, the State's participation in the 
Program will be terminated.
    A copy of the proposed renewal MOU and renewal package 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 Caltrans' Web site at http://www.dot.ca.gov/hq/env/nepa/. The FHWA California Division, in consultation with FHWA 
Headquarters, will consider the comments submitted when making its 
decision on the proposed MOU revision. Any final renewal MOU approved 
by FHWA may include changes based on comments and consultations 
relating to the proposed renewal MOU and will be made 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. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 
40 CFR 1507.3, 1508.4.

    Dated: November 9, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-27502 Filed 11-15-16; 8:45 am]
 BILLING CODE 4910-22-P

80708 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices the total value of U.S. imports of that www.regulations.gov/docket?D=USTR- the online instructions for submitting product. In all, the following 11 2016-0009. comments. products met the criteria to be placed on • Facsimile (Fax): 1–202–493–2251. Erland Herfindahl, the list: • Mail: Docket Management Facility; Deputy Assistant U.S. Trade Representative U.S. Department of Transportation, 1200 1. 0410.00.00—Other edible products of for the GSP Program, Chairman, GSP animal origin (Indonesia) New Jersey Ave. SE., West Building Subcommittee of the Trade Policy Staff 2. 0714.90.10—Fresh or chilled Committee, Office of the U.S. Trade Ground Floor Room W12–140, dasheens, whether or not sliced or Representative. Washington, DC 20590–0001. in the form of pellets (Ecuador) [FR Doc. 2016–27542 Filed 11–15–16; 8:45 am] • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 3. 1104.29.90—Grains of cereals other BILLING CODE 3290–F7–P New Jersey Ave. SE., Washington, DC than barley, oats or corn, hulled, 20590 between 9:00 a.m. and 5:00 p.m. pearled, clipped, sliced, kibbled or e.t., Monday through Friday, except otherwise worked, but not rolled or DEPARTMENT OF TRANSPORTATION Federal holidays. flaked (Turkey) Federal Highway Administration Instructions: You must include the 4. 2909.19.18—Ethers of acyclic agency name and docket number at the monohydric alcohols & derivatives, [Docket No. FHWA–2016–0019] beginning of your comments. All not elsewhere specified (Brazil) comments received will be posted 5. 2933.99.22—Other heterocyclic Renewal Package From the State of without change to http:// aromatic or modified aromatic California to the Surface www.regulations.gov, including any pesticides with nitrogen hereo- Transportation Project Delivery personal information provided. atom(s) only, not elsewhere Program and Proposed Memorandum FOR FURTHER INFORMATION CONTACT: For specified (India) of Understanding (MOU) Assigning Environmental Responsibilities to the the FHWA: Shawn Oliver by email at: 6. 4011.20.10—New pneumatic radial State shawn.oliver@dot.gov or by telephone at tires, of rubber, of a kind used on (916) 498–5048. The FHWA California buses or trucks (Indonesia) AGENCY: Federal Highway Division Office’s normal business hours 7. 4409.10.05—Coniferous wood Administration (FHWA), U.S. are 8 a.m. to 4:30 p.m. (Pacific Time), continuously shaped along any of Department of Transportation (USDOT). Monday–Friday, except for Federal its ends, whether or not also holidays. For the State of California: ACTION: Notice of proposed MOU and continuously shaped along any of Tammy Massengale by email at request for comments. its edges or faces (Brazil) tammy.massengale@dot.ca.gov or by 8. 6801.00.00—Setts, curbstones and SUMMARY: This notice announces that telephone at (916) 653–5157. State flagstones, of natural stone (except FHWA has received and reviewed a business hours are the same as above slate) (Turkey) renewal package from the California although State holidays may not 9. 6802.99.00—Monumental or building Department of Transportation (Caltrans) completely coincide with Federal stone & arts. thereof, not elsewhere requesting renewed participation in the holidays. specified, further worked than Surface Transportation Project Delivery simply cut/sawn (Brazil) SUPPLEMENTARY INFORMATION: Program (Program). This Program allows 10. 8525.80.30—Television cameras, not for FHWA to assign, and States to Electronic Access elsewhere specified (Thailand) assume, responsibilities under the An electronic copy of this notice may 11. 9001.50.00—Spectacle lenses of National Environmental Policy Act be downloaded from the Federal materials other than glass, (NEPA), and all or part of FHWA’s Register’s home page at http:// unmounted (Thailand) responsibilities for environmental www.archives.gov. An electronic The list published on the USTR Web review, consultation, or other actions version of the application materials and site includes the relevant nine-month required under any Federal proposed MOU may be downloaded by trade statistics for each of these environmental law with respect to one accessing the DOT DMS docket, as products and is provided as a courtesy or more Federal highway projects described above, at http:// for informational purposes only. The list within the State. The FHWA has www.regulations.gov/. is based on interim 2016 trade data, and determined the renewal package to be may not include all articles that may be complete, and developed a draft Background affected by the GSP CNLs. Regardless of renewal MOU with Caltrans outlining Section 327 of title 23, United States whether or not an article is included on how the State will implement the Code (23 U.S.C. 327), allows the the list referenced in this notice, all program with FHWA oversight. The Secretary of the DOT (Secretary) to determinations and decisions regarding public is invited to comment on assign, and a State to assume, the application of the CNLs of the GSP Caltrans’ request, including its renewal responsibilities under the National program will be based on full calendar- package and the proposed renewal Environmental Policy Act of 1969 year 2016 import data for each GSP- MOU, which includes the proposed (NEPA) (42 U.S.C. 4321 et seq.) and all eligible article. Each interested party is assignments and assumptions of or part of the responsibilities for advised to conduct its own review of environmental review, consultation and environmental review, consultation, or 2016 import data with regard to the other activities. other actions required under certain asabaliauskas on DSK3SPTVN1PROD with NOTICES possible application of GSP CNLs. DATES: Please submit comments by Federal environmental laws with Please see the notice announcing the December 16, 2016. respect to one or more Federal-aid 2016 GSP Review which was published ADDRESSES: To ensure that you do not highway projects within the State. The in the Federal Register on August 25, duplicate your docket submissions, FHWA is authorized to act on behalf of 2016 (81 FR 58547), regarding please submit them by only one of the the Secretary with respect to these submission of product petitions following means: matters. requesting a waiver of a CNL. The notice • Federal eRulemaking Portal: Go to Caltrans entered the Surface and comments are available at https:// http://www.regulations.gov and follow Transportation Project Delivery Pilot VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1

Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices 80709 Program on July 1, 2007, after 1. All Class I, or environmental • Marine Mammal Protection Act, 16 submitting its application to FHWA, impact statement (EIS) projects, both on U.S.C. 1361–1423h obtaining FHWA’s approval, and the State highway system (SHS) and • Anadromous Fish Conservation Act, entering into a Memorandum of local government projects off the SHS 16 U.S.C. 757a–757f Understanding (MOU) in accordance that are funded by FHWA or require • Fish and Wildlife Coordination Act, with Section 6005 of the Safe, FHWA approvals. This assignment does 16 U.S.C. 661–667d Accountable, Flexible, Efficient not include the environmental review • Migratory Bird Treaty Act, 16 U.S.C. Transportation Equity Act: A Legacy for associated with the development and 703–712 Users (Pub. L. 109–59, 119 Stat. 1898) approval of the Draft EIS, Final EIS, and • Magnuson-Stevens Fishery (23 U.S.C. 327) and FHWA’s application ROD for the following project: District 1: Conservation and Management Act of regulations for the pilot program (the Eureka/Arcata Corridor Improvement. 1976, as amended, 16 U.S.C. 1801– original 23 CFR part 773). On July 6, 2. All Class II, or categorically 1891d et seq., with Essential Fish 2012, President Obama signed into law excluded (CE), projects, both on the SHS Habitat requirements at 1855(b)(2) the Moving Ahead for Progress in the and local government projects off the Hazardous Materials Management 21st Century Act (MAP–21) (Pub. L. SHS that are funded by FHWA or 112–141, 126 Stat. 545–547). Section • Comprehensive Environmental require FHWA approvals, and that do 1313 of MAP–21 made the Program Response, Compensation, and not qualify for assignment of permanent, required that the MOU Liability Act (CERCLA) 42 U.S.C. responsibilities pursuant to the MOU for between FHWA and a State have a term 9601–9675 environmental reviews and decisions • Superfund Amendments and of not more than 5 years, and allowed for actions qualifying for CEs pursuant Reauthorization Act (SARA), 42 FHWA to renew a States’ participation to the 23 U.S.C. 326 program. U.S.C. 9671–9675 in the Program. The MAP–21 also 3. All Class III, or environmental • Resource Conservation and Recovery required the Secretary to amend, as assessment (EA) projects, both on the Act (RCRA), 42 U.S.C. 6901–6992k appropriate, the Program’s application SHS and local government projects off regulations to account for the the SHS that are funded by FHWA or Historic and Cultural Resources amendments to the Program. On require FHWA approvals with the • Section 106 of the National Historic September 25, 2012, FHWA and exception of the following projects: Preservation Act of 1966, as amended, Caltrans entered into a MOU allowing District 5: Highway 1 Congestion 54 U.S.C. 306101 et seq. Caltrans to continue to participate in the Management–Santa Cruz HOV Lanes • 23 U.S.C. 138 and Section 4(f) of the Program under the terms of the existing and District 9: Inyo–395 Olancha to Department of Transportation Act of MOU until 18 months from the effective Cartago 4 Lane. 1966, 49 U.S.C. 303 and date of the final Program application 4. Projects funded by other Federal implementing regulations at 23 CFR regulations. This timeframe would agencies [or projects without any part 774 allow enough time for the U.S. Federal funding] of any Class that also • Archeological Resources Protection Department of Transportation to include funding by FHWA or require Act of 1979, 16 U.S.C. 470aa–470mm develop the process for renewing a FHWA approvals. For these projects, • Title 54, Chapter 31—Preservation of State’s participation and for Caltrans to Caltrans would not assume the NEPA Historical and Archeological Data, 54 follow any steps required by the new responsibilities of other Federal U.S.C. 312501–312508 regulations. The final rule establishing agencies. • Native American Grave Protection the revised Program application and the Excluded from assignment are and Repatriation Act (NAGPRA), 25 renewal process (the amended 23 CFR highway projects authorized under 23 U.S.C. 3001–30131; 18 U.S.C. 1170 part 773) became effective on October U.S.C. 202 and 203, highway projects Social and Economic Impacts 16, 2014, making April 16, 2016, the under 23 U.S.C. 204 unless the project expiration date for Caltrans’ will be designed and constructed by • American Indian Religious Freedom participation under the existing MOU. Caltrans, projects that cross State Act, 42 U.S.C. 1996 On June 22, 2015, after coordination boundaries, and projects that cross or • Farmland Protection Policy Act with FHWA, Caltrans submitted the are adjacent to international boundaries. (FPPA), 7 U.S.C. 4201–4209 renewal package in accordance with the The assignment also would give Water Resources and Wetlands renewal regulations in 23 CFR 773.115. Caltrans the responsibility to conduct On December 4, 2015, President Obama • Clean Water Act, 33 U.S.C. 1251–1387 the following environmental review, (Section 404, Section 401, Section signed into law the Fixing America’s consultation, and other related Surface Transportation Act (FAST Act) 319) activities: • Coastal Barrier Resources Act, 16 (Pub. L. 114–94, 129 Stat. 1390–1392) Air Quality U.S.C. 3501–3510 making further amendments to the • Coastal Zone Management Act, 16 Program. On April 1, 2016, FHWA • Clean Air Act (CAA), 42 U.S.C. 7401– U.S.C. 1451–1466 extended the terms of the NEPA 7671q, with the exception of any • Safe Drinking Water Act (SDWA), 42 Assignment MOU from the expiration project level conformity U.S.C. 300f–300j–26 date of April 16, 2016, to December 31, determinations • Rivers and Harbors Act of 1899, 33 2016, to allow additional time for the U.S.C. 401–406 negotiation of the terms of the renewal Noise • Wild and Scenic Rivers Act, 16 U.S.C. asabaliauskas on DSK3SPTVN1PROD with NOTICES MOU to be consistent with the changes • Noise Control Act of 1972, 42 U.S.C. 1271–1287 in the FAST Act. This extension was 4901–4918 • Emergency Wetlands Resources Act, authorized under 23 CFR 773.115(h). • Compliance with the noise 16 U.S.C. 3901 and 3921 Under the proposed renewal MOU, regulations in 23 CFR 772 • Wetlands Mitigation, 23 U.S.C. 119(g) FHWA would assign to the State, and 133(b)(14) Wildlife • FHWA wetland and natural habitat through Caltrans, the responsibility for making decisions on the following types • Section 7 of the Endangered Species mitigation regulations, 23 CFR part of highway projects: Act of 1973, 16 U.S.C. 1531–1544 777 VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1

80710 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices • Flood Disaster Protection Act, 42 The MOU content reflects Caltrans’ Dated: November 9, 2016. U.S.C. 4001–4130 desire to continue its participation in Gregory G. Nadeau, the Program without any changes (that Administrator, Federal Highway Parklands is, no new responsibilities were Administration. • Section 4(f) of the Department of requested). The FHWA and Caltrans [FR Doc. 2016–27502 Filed 11–15–16; 8:45 am] Transportation Act of 1966, 49 U.S.C. have agreed to modify some of the BILLING CODE 4910–22–P 303 provisions in the MOU to: Establish the • Land and Water Conservation Fund monitoring process required by the (LWCF) Act, 54 U.S.C. 200302– permanent Program; accommodate DEPARTMENT OF TRANSPORTATION 200310 changes specified in Section 1308 of the FHWA-Specific FAST Act; clarify, the role of the Federal Highway Administration • Planning and Environmental Department of Justice and FHWA in [Docket No. FHWA–2016–0031] Linkages, 23 U.S.C. 168, with the settlements and appeals; and to make exception of those FHWA the renewed MOU notice and review Application From the State of Utah to responsibilities associated with 23 time frames consistent with other States the Surface Transportation Project U.S.C. 134 and 135 in this program. The FHWA and Delivery Program and Proposed • Programmatic Mitigation Plans, 23 Caltrans have also agreed on a process Memorandum of Understanding (MOU) U.S.C. 169 with the exception of those to address a possible temporary lapse in Assigning Environmental FHWA responsibilities associated the State’s statutory consent to Federal Responsibilities to the State with 23 U.S.C. 134 and 135 court jurisdiction and waiver of AGENCY: Federal Highway sovereign immunity waiver. If the State Executive Orders Relating to Highway Administration (FHWA), U.S. does not provide consent to Federal Projects Department of Transportation (DOT). court jurisdiction and waive sovereign • E.O. 11990, Protection of Wetlands immunity by December 31, 2016, this ACTION: Notice of proposed MOU and • E.O. 11988, Floodplain Management MOU will be suspended and Caltrans request for comments. (except approving design standards will not be able to make any NEPA and determinations that a significant SUMMARY: This notice announces that decisions or implement any of the FHWA has received and reviewed an encroachment is the only practicable environmental review responsibilities alternative under 23 CFR 650.113 and application from the Utah Department assigned under the MOU. The FHWA of Transportation (UDOT) requesting 650.115) and Caltrans propose a temporary • E.O. 12898, Federal Actions to participation in the Surface suspension not to exceed 90 days to Transportation Project Delivery Program Address Environmental Justice in provide time for the State to address the (Program). This Program allows for Minority Populations and Low deficiency. In the event that the State FHWA to assign, and States to assume, Income Populations • E.O. 13112, Invasive Species does not take the necessary action and responsibilities under the National Caltrans does not provide adequate Environmental Policy Act of 1969 The proposed renewal MOU would certification within the time period (NEPA), and all or part of FHWA’s allow Caltrans to continue to act in the provided, the State’s participation in the responsibilities for environmental place of FHWA in carrying out the Program will be terminated. review, consultation, or other actions environmental review-related functions described above, except with respect to A copy of the proposed renewal MOU required under any Federal government-to-government and renewal package may be viewed on environmental law with respect to one consultations with federally recognized the DOT DMS Docket, as described or more Federal highway projects Indian tribes. The FHWA will retain above, or may be obtained by contacting within the State. The FHWA has responsibility for conducting formal FHWA or the State at the addresses determined the application to be government-to-government consultation provided above. A copy also may be complete and developed a draft MOU with federally recognized Indian tribes, viewed on Caltrans’ Web site at http:// with UDOT outlining how the State which is required under some of the www.dot.ca.gov/hq/env/nepa/. The would implement the program with listed laws and executive orders. FHWA California Division, in FHWA oversight. The FHWA invites the Caltrans will continue to handle routine consultation with FHWA Headquarters, public to comment on UDOT’s request, consultations with the tribes and will consider the comments submitted including its application and the understands that a tribe has the right to when making its decision on the proposed MOU, which includes the direct consultation with FHWA upon proposed MOU revision. Any final proposed assignments and assumptions request. Caltrans also may assist FHWA renewal MOU approved by FHWA may of environmental review, consultation, with formal consultations, with consent include changes based on comments and other activities. of a tribe, but FHWA remains and consultations relating to the DATES: Please submit comments by responsible for the consultation. The proposed renewal MOU and will be December 16, 2016. FHWA and Caltrans have received made publicly available. ADDRESSES: To ensure that you do not requests for formal consultations with (Catalog of Federal Domestic Assistance duplicate your docket submissions, several tribes regarding the proposed Program Number 20.205, Highway Planning please submit them by only one of the renewal of the MOU and currently are following means: asabaliauskas on DSK3SPTVN1PROD with NOTICES and Construction. The regulations engaged in ongoing consultations. implementing Executive Order 12372 • Federal eRulemaking Portal: Go to Caltrans also will not assume FHWA’s regarding intergovernmental consultation on http://www.regulations.gov and follow responsibilities for conformity Federal programs and activities apply to this the online instructions for submitting determinations required under Section program.) comments. 176 of the Clean Air Act (42 U.S.C. • Facsimile (Fax): 1–202–493–2251. 7506) or any responsibility under 23 Authority: 23 U.S.C. 327; 42 U.S.C. 4331, • Mail: Docket Management Facility; U.S.C. 134 or 135, or under 49 U.S.C. 4332; 23 CFR 771.117; 40 CFR 1507.3, U.S. Department of Transportation, 1200 5303 or 5304. 1508.4. New Jersey Ave. SE., West Building VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1


Document Created: 2016-11-16 00:57:47
Document Modified: 2016-11-16 00:57:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed MOU and request for comments.
DatesPlease submit comments by December 16, 2016.
ContactFor the 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 Citation81 FR 80708 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR