81_FR_80931 81 FR 80710 - Application From the State of Utah to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State

81 FR 80710 - Application From the State of Utah 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 Range80710-80712
FR Document2016-27507

This notice announces that FHWA has received and reviewed an application from the Utah Department of Transportation (UDOT) 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 highway projects within the State. The FHWA has determined the application to be complete and developed a draft MOU with UDOT outlining how the State would implement the program with FHWA oversight. The FHWA invites the public to comment on UDOT'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 221 (Wednesday, November 16, 2016) 
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80710-80712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27507]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2016-0031]


Application From the State of Utah 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 Utah Department of Transportation (UDOT) 
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 highway 
projects within the State. The FHWA has determined the application to 
be complete and developed a draft MOU with UDOT outlining how the State 
would implement the program with FHWA oversight. The FHWA invites the 
public to comment on UDOT'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 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

[[Page 80711]]

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: 
    Edward Woolford, Right of Way and Environmental Manager, Federal 
Highway Administration Utah Division, 2520 West 4700 South, Suite 9A, 
Salt Lake City, UT 84129, 7:00 a.m.-4:30 p.m. (MT), (801) 955-3524, 
Edward.Woolford@dot.gov.
    Brandon Weston, Director, Environmental Services, Utah Department 
of Transportation, 4501 South 2700 West, P.O. Box 148450, Salt Lake 
City, UT 84114, 8:00 a.m.-5:00 p.m. (MT), (801) 965-4603, 
brandonweston@utah.gov.

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 U.S. 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 
UDOT, the responsibility for making decisions on the following types of 
highway projects:
    1. Highway projects within the State of Utah that are proposed to 
be funded with title 23 funds or otherwise require FHWA approval, and 
that require preparation of an environmental impact statement (EIS) or 
environmental assessment (EA) with the exception of the following EIS 
project: West Davis Corridor EIS--This project is in UDOT Region 1 in 
western Davis and Weber Counties.
    2. Highway projects qualifying for categorical exclusions (CE) 
within the State of Utah that are proposed to be funded with title 23 
funds or that otherwise require FHWA approvals, and that do not qualify 
for assignment of responsibilities pursuant to the MOU for 
environmental review assignment for projects qualifying for CEs (23 
U.S.C. 326 MOU) executed on June 30, 2014.
    3. Projects funded by other Federal agencies (or projects without 
any Federal funding) that also require FHWA approvals. For these 
projects, UDOT would not assume the NEPA responsibilities of other 
Federal agencies. However, UDOT may use or adopt other Federal 
agencies' NEPA analyses consistent with 40 CFR parts 1500-1508, and DOT 
and FHWA regulations, policies, and guidance.
    4. 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 UDOT, projects that cross State boundaries, and projects 
that cross or are adjacent to international boundaries.
    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 (CAA), 42 U.S.C. 7401-7671q, with the exception 
of any conformity determinations

Noise

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

Wildlife

 Endangered Species Act of 1973, 16 U.S.C. 1531-1544
 Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
 Migratory Bird Treaty Act, 16 U.S.C. 703-712

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.
 Archeological and Historic Preservation Act of 1966, as 
amended, 16 U.S.C. 470aa-479mm
 Title 54, Chapter 3125--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-3013; 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 (Section 401, 402, 404, 
408, and Section 319)
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-26
 Rivers and Harbors Act of 1899, 33 U.S.C. 401, 403-04, and 406
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3921
 Wetlands Mitigation, 23 U.S.C. 119(g), 133(b)(14)
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130
 General Bridge Act of 1946, 33 U.S.C. 525-533
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777

Parklands and Other Special Land Uses

 23 U.S.C. 138 and 49 U.S.C. 303 (Section 4(f)) and 
implementing regulations at 23 CFR part 774
 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

[[Page 80712]]

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 MOU would allow UDOT 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 UDOT 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 UDOT also 
may assist FHWA with formal consultations, with consent of a tribe, but 
FHWA remains responsible for the consultation.
    The UDOT also will not assume FHWA's responsibilities for 
conformity determinations required under Section 176 of the CAA (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 UDOT's Web 
site at: https://www.udot.utah.gov/go/nepaassignment.
    The FHWA Utah 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 
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 771.101-
139; 23 CFR 773.109; and 40 CFR 1507.3.

    Issued on: November 9, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-27507 Filed 11-15-16; 8:45 am]
 BILLING CODE 4910-22-P

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

Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices 80711 Ground Floor Room W12–140, FHWA approval, and that require • Resource Conservation and Recovery Washington, DC 20590–0001. preparation of an environmental impact Act (RCRA), 42 U.S.C. 6901–6992k • Hand Delivery: West Building statement (EIS) or environmental Historic and Cultural Resources Ground Floor, Room W12–140, 1200 assessment (EA) with the exception of New Jersey Ave. SE., Washington, DC the following EIS project: West Davis • National Historic Preservation Act of 20590 between 9:00 a.m. and 5:00 p.m. Corridor EIS—This project is in UDOT 1966, as amended, 54 U.S.C. 306101, e.t., Monday through Friday, except Region 1 in western Davis and Weber et seq. Federal holidays. Counties. • Archeological and Historic Instructions: You must include the 2. Highway projects qualifying for Preservation Act of 1966, as amended, agency name and docket number at the categorical exclusions (CE) within the 16 U.S.C. 470aa–479mm beginning of your comments. All State of Utah that are proposed to be • Title 54, Chapter 3125—Preservation comments received will be posted funded with title 23 funds or that of Historical and Archeological Data, without change to http:// otherwise require FHWA approvals, and 54 U.S.C. 312501–312508 www.regulations.gov, including any that do not qualify for assignment of • Native American Grave Protection personal information provided. responsibilities pursuant to the MOU for and Repatriation Act (NAGPRA), 25 FOR FURTHER INFORMATION CONTACT: environmental review assignment for U.S.C. 3001–3013; 18 U.S.C. 1170 Edward Woolford, Right of Way and projects qualifying for CEs (23 U.S.C. 326 MOU) executed on June 30, 2014. Social and Economic Impacts Environmental Manager, Federal 3. Projects funded by other Federal • American Indian Religious Freedom Highway Administration Utah Division, agencies (or projects without any Act, 42 U.S.C. 1996 2520 West 4700 South, Suite 9A, Salt Federal funding) that also require • Farmland Protection Policy Act Lake City, UT 84129, 7:00 a.m.–4:30 FHWA approvals. For these projects, (FPPA), 7 U.S.C. 4201–4209 p.m. (MT), (801) 955–3524, UDOT would not assume the NEPA Edward.Woolford@dot.gov. responsibilities of other Federal Water Resources and Wetlands Brandon Weston, Director, agencies. However, UDOT may use or • Clean Water Act, 33 U.S.C. 1251–1387 Environmental Services, Utah adopt other Federal agencies’ NEPA (Section 401, 402, 404, 408, and Department of Transportation, 4501 analyses consistent with 40 CFR parts Section 319) South 2700 West, P.O. Box 148450, Salt 1500–1508, and DOT and FHWA • Safe Drinking Water Act (SDWA), 42 Lake City, UT 84114, 8:00 a.m.–5:00 regulations, policies, and guidance. U.S.C. 300f–300j–26 p.m. (MT), (801) 965–4603, 4. Excluded from assignment are • Rivers and Harbors Act of 1899, 33 brandonweston@utah.gov. highway projects authorized under 23 U.S.C. 401, 403–04, and 406 SUPPLEMENTARY INFORMATION: U.S.C. 202, 203, and 204 unless the • Wild and Scenic Rivers Act, 16 U.S.C. Electronic Access project will be designed and/or 1271–1287 constructed by UDOT, projects that • Emergency Wetlands Resources Act, An electronic copy of this notice may cross State boundaries, and projects that 16 U.S.C. 3921 be downloaded from the Federal cross or are adjacent to international • Wetlands Mitigation, 23 U.S.C. 119(g), Register’s home page at http:// boundaries. 133(b)(14) www.archives.gov. An electronic The assignment also would give the • Flood Disaster Protection Act, 42 version of the application materials and State the responsibility to conduct the U.S.C. 4001–4130 proposed MOU may be downloaded by following environmental review, • General Bridge Act of 1946, 33 U.S.C. accessing the DOT DMS docket, as consultation, and other related activities 525–533 described above, at http:// for project delivery: • FHWA wetland and natural habitat www.regulations.gov/. mitigation regulations, 23 CFR part Air Quality Background 777 • Clean Air Act (CAA), 42 U.S.C. 7401– Section 327 of title 23, United States 7671q, with the exception of any Parklands and Other Special Land Uses Code (23 U.S.C. 327), allows the conformity determinations • 23 U.S.C. 138 and 49 U.S.C. 303 Secretary of the U.S. Department of Noise (Section 4(f)) and implementing Transportation (Secretary) to assign, and regulations at 23 CFR part 774 • Noise Control Act of 1972, 42 U.S.C. a State to assume, responsibility for all • Land and Water Conservation Fund or part of FHWA’s responsibilities for 4901–4918 • Compliance with the noise (LWCF) Act, 54 U.S.C. 200302– environmental review, consultation, or 200310 other actions required under any regulations in 23 CFR part 772 Federal environmental law with respect Wildlife FHWA-Specific to one or more Federal-aid highway • Endangered Species Act of 1973, 16 • Planning and Environmental projects within the State pursuant to the U.S.C. 1531–1544 Linkages, 23 U.S.C. 168, with the National Environmental Policy Act of • Fish and Wildlife Coordination Act, exception of those FHWA 1969 (42 U.S.C. 4321 et seq.). The 16 U.S.C. 661–667d responsibilities associated with 23 FHWA is authorized to act on behalf of • Migratory Bird Treaty Act, 16 U.S.C. U.S.C. 134 and 135 the Secretary with respect to these 703–712 • Programmatic Mitigation Plans, 23 matters. asabaliauskas on DSK3SPTVN1PROD with NOTICES U.S.C. 169 with the exception of those Under the proposed MOU, FHWA Hazardous Materials Management FHWA responsibilities associated would assign to the State, through • Comprehensive Environmental with 23 U.S.C. 134 and 135 UDOT, the responsibility for making Response, Compensation, and decisions on the following types of Executive Orders Relating to Highway Liability Act (CERCLA), 42 U.S.C. highway projects: Projects 9601–9675 1. Highway projects within the State • Superfund Amendments and • E.O. 11990, Protection of Wetlands of Utah that are proposed to be funded Reauthorization Act (SARA), 42 • E.O. 11988, Floodplain Management with title 23 funds or otherwise require U.S.C. 9671–9675 (except approving design standards VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1

80712 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices and determinations that a significant Issued on: November 9, 2016. provides, to www.regulations.gov, as encroachment is the only practicable Gregory G. Nadeau, described in the system of records alternative under 23 CFR 650.113 and Administrator, Federal Highway notice (DOT/ALL–14 FDMS), which can 650.115) Administration. be reviewed at www.dot.gov/privacy. • E.O. 12898, Federal Actions to [FR Doc. 2016–27507 Filed 11–15–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. Address Environmental Justice in BILLING CODE 4910–22–P Derek Constable, Office of Bridges and Structures, (202) 366–4606, or via email Minority Populations and Low at derek.constable@dot.gov; Mr. Shay Income Populations DEPARTMENT OF TRANSPORTATION Burrows, Office of Bridges and • E.O. 13112, Invasive Species. Structures, (202) 366–4675, or via email Federal Highway Administration at shay.burrows@dot.gov; for legal The MOU would allow UDOT to act in the place of FHWA in carrying out [FHWA Docket No. FHWA–2016–0029] questions, Mr. Robert Black, (202) 366– 1359, or via email at robert.black@ the environmental review-related FAST Act Section 1422 Study on dot.gov, 1200 New Jersey Ave. SE., functions described above, except with Performance of Bridges Washington, DC 20590. Office hours are respect to government-to-government from 8:00 a.m. to 4:30 p.m., e.t., Monday consultations with federally recognized AGENCY: Federal Highway through Friday, except Federal holidays. Indian tribes. The FHWA will retain Administration (FHWA), DOT. SUPPLEMENTARY INFORMATION: responsibility for conducting formal ACTION: Notice and request for comment. government-to-government consultation Electronic Access SUMMARY: Section 1422 of the Fixing with federally recognized Indian tribes, America’s Surface Transportation An electronic copy of this notice may which is required under some of the (FAST) Act directs the Administrator of be downloaded from the specific docket listed laws and executive orders. The the Federal Highway Administration page at www.regulations.gov. UDOT will continue to handle routine (FHWA) to commission the Background consultations with the tribes and Transportation Research Board of the understands that a tribe has the right to As directed by FAST Act Section National Academy of Sciences to direct consultation with the FHWA 1422, FHWA will commission the conduct a study on the performance of upon request. The UDOT also may assist Transportation Research Board to bridges that received funding under the FHWA with formal consultations, with conduct a study on the performance of Innovative Bridge Research and bridges funded by the Innovative Bridge consent of a tribe, but FHWA remains Construction program in meeting the Research and Construction (IBRC) responsible for the consultation. goals of that program. Section 1422 also program as provided under section The UDOT also will not assume directs the Administrator of FHWA to 503(b) of Title 23, United States Code, provide an opportunity for public FHWA’s responsibilities for conformity and in effect on the day before the date comment on the study proposal before determinations required under Section of enactment of the Safe, Accountable, commissioning the study. This notice 176 of the CAA (42 U.S.C. 7506), or any Flexible, Efficient Transportation Equity provides the study proposal and the responsibility under 23 U.S.C. 134 or Act: A Legacy for Users (SAFETEA–LU). opportunity for public comment. 135, or under 49 U.S.C. 5303 or 5304. The IBRC program was originated by the DATES: Comments must be received on Transportation Equity Act for the 21st A copy of the proposed MOU may be or before December 16, 2016. Century (TEA–21) with the purpose of viewed on the DOT DMS Docket, as ADDRESSES: Mail or hand deliver demonstrating the application of described above, or may be obtained by comments to Docket Management innovative material technology in the contacting FHWA or the State at the Facility: U.S. Department of construction of bridges and other addresses provided above. A copy also Transportation, 1200 New Jersey structures. Seven goals were identified may be viewed on UDOT’s Web site at: Avenue SE., Room W12–140, in TEA–21. SAFETEA–LU continued https://www.udot.utah.gov/go/ Washington, DC 20590. You may also the program, but amended the program nepaassignment. submit comments electronically at name, purpose, and goals. The program The FHWA Utah Division, in www.regulations.gov. All comments was then discontinued with the passage should include the docket number that of the Moving Ahead for Progress in the consultation with FHWA Headquarters, appears in the heading of this 21st Century (MAP–21) Act. The FAST will consider the comments submitted document. All comments received will Act directs FHWA to commission the when making its decision on the be available for examination and Transportation Research Board to proposed MOU revision. Any final copying at the above address from 9 MOU approved by FHWA may include conduct a study on the performance of a.m. to 5 p.m., e.t., Monday through bridges that received funding under the changes based on comments and Friday, except Federal holidays. Those IBRC program. The IBRC program consultations relating to the proposed desiring notification of receipt of provided funding to help defray costs MOU and will be made publicly comments must include a self- on more than 400 projects. available. addressed, stamped postcard or you The study will include an analysis of (Catalog of Federal Domestic Assistance may print the acknowledgment page the performance of bridges that received Program Number 20.205, Highway Planning that appears after submitting comments funding under the IBRC program in electronically. Anyone is able to search asabaliauskas on DSK3SPTVN1PROD with NOTICES and Construction. The regulations meeting the program goals; implementing Executive Order 12372 the electronic form of all comments in (A) The development of new, cost- regarding intergovernmental consultation on any one of our dockets by the name of effective innovative material highway Federal programs and activities apply to this the individual submitting the comment bridge applications; program.) (or signing the comment, if submitted (B) the reduction of maintenance costs Authority: 23 U.S.C. 327; 42 U.S.C. 4331, on behalf of an association, business, or and lifecycle costs of bridges, including 4332; 23 CFR 771.101–139; 23 CFR 773.109; labor union). The DOT posts these the costs of new construction, and 40 CFR 1507.3. comments, without edit, including any replacement, or rehabilitation of personal information the commenter deficient bridges; VerDate Sep<11>2014 16:23 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1


Document Created: 2016-11-16 00:57:46
Document Modified: 2016-11-16 00:57:46
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.
ContactEdward Woolford, Right of Way and Environmental Manager, Federal Highway Administration Utah Division, 2520 West 4700 South, Suite 9A, Salt Lake City, UT 84129, 7:00 a.m.-4:30 p.m. (MT), (801) 955-3524, [email protected]
FR Citation81 FR 80710 
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