81 FR 86376 - Proposed Amendment to the Third Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 230 (November 30, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 230 (November 30, 2016)
| Page Range | 86376-86378 | |
| FR Document | 2016-28800 |
[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)] [Notices] [Pages 86376-86378] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28800] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA-2016-0035] Proposed Amendment to the Third Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of California, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs) AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of proposed amendment, request for comments. ----------------------------------------------------------------------- [[Page 86377]] SUMMARY: The FHWA and the State of California acting by and through its Department of Transportation (Caltrans), propose an amendment to the Memorandum of Understanding (MOU) authorizing the State's participation in the 23 U.S.C. 326 program. This program allows FHWA to assign to States its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State are categorically excluded from preparation of an Environmental Assessment or an Environmental Impact Statement under the National Environmental Policy Act. The parties propose to amend the MOU to make the litigation provisions consistent with the 23 U.S.C. 327 program MOU and to allow a 90 day suspension of the program, giving the State an opportunity to renew its waiver of sovereign immunity and acceptance of Federal court jurisdiction. The program will resume upon the State's recertification that the sovereign immunity waiver and acceptance of Federal court jurisdiction is in place. DATES: Comments must be received on or before December 30, 2016. ADDRESSES: You may submit comments by any of the methods described below. To ensure that you do not duplicate your submissions, please submit them by only one of the means below. Electronic or facsimile comments are preferred because Federal offices experience intermittent mail delays due to security screening. Federal eRulemaking Portal: Go to Web site: http://www.regulations.gov/. Follow the instructions for submitting comments on the DOT electronic docket site (FHWA-2016-0035). Facsimile (Fax): 1-202-493-2251. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: 1200 New Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday, except Federal holidays. For access to the docket to view a complete copy of the proposed MOU, or to read background documents or comments received, go to http://www.regulations.gov/ at any time or to 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday, except for Federal holidays. Instructions: You must include the agency name and docket number at the beginning of your comments. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: For FHWA: Shawn Oliver; by email at [email protected] or by telephone at 916-498-5048. The FHWA California Division Office's normal business hours are 8 a.m. to 4:30 p.m. (Pacific Time), Monday-Friday, except for Federal holidays. For the State of California: Tammy Massengale; by email at [email protected] or by telephone at 916-653-5157. State business hours are the same as above although State holidays may not completely coincide with Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access Internet users may reach the Office of the Federal Register's home page at: http://www.archives.gov/ and the Government Printing Office's database: http://www.fdsys.gov/. An electronic version of the proposed MOU may be downloaded by accessing the DOT DMS docket, as described above, at http://www.regulations.gov/. Background Section 326 of Title 23 U.S. Code, creates a program that allows the Secretary of the U.S. Department of Transportation (Secretary) to assign, and a State to assume, responsibility for determining whether certain Federal highway projects are included within classes of action that are categorically excluded (CE) from requirements for Environmental Assessments or Environmental Impact Statements pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq. In addition, this program allows the assignment of other environmental review requirements applicable to Federal highway projects, except with respect to government-to-government consultations with federally recognized Indian tribes (23 U.S.C. 326(b)(1)). The FHWA retains responsibility for conducting formal government-to-government consultation with federally recognized Indian tribes, which is required under some of the above-listed laws and Executive Orders. The State may assist FHWA with formal consultations, with consent of a tribe, but FHWA remains responsible for the consultation. The Secretary delegated his authority to FHWA, which acts on behalf of the Secretary with respect to these matters. The FHWA renewed California's participation in this program for a third time on May 31, 2016. The original MOU became effective on June 7, 2007, for an initial term of three (3) years. The first renewal followed on June 7, 2010, and the second renewal followed on June 7, 2013. The third MOU renewal has an expiration date on May 31, 2019. The FHWA and Caltrans propose three modifications to the MOU. First, the parties propose to modify Stipulations IV.G.5 and IV.G.9 with regards to coordination on settlements and appeals to make them consistent with the draft MOU for participation in the 23 U.S.C. 327 Surface Transportation Project Delivery Program. The draft MOU for that Program can be accessed in Docket No. FHWA-2016-0019. Second, Stipulation V.B. of the MOU contains a termination clause stating that the State's authority to participate in the program will end on January 1, 2017, unless the California Legislature takes affirmative action to extend the sovereign immunity waiver under the Eleventh Amendment of the U.S. Constitution. The parties propose an amendment that establishes a process to address a possible temporary lapse in the State's statutory consent to Federal jurisdiction and waiver of sovereign immunity. 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. This language is the same as the one proposed in the draft MOU for the Surface Transportation Project Delivery Program (Docket No. FHWA-2016-0019). Third, the parties propose an amendment to Stipulation language to eliminate unnecessary paperwork. The current MOU requires a Federal Register notice that announces the agency's decision and execution of the MOU. The parties believe that requiring publication in the Federal Register of the decision is unnecessary. Publication of the final MOU through other means, such as in the State's public Web site, would be a more effective means of disseminating the outcome of this process. The FHWA will consider the comments submitted on the proposed [[Page 86378]] MOU when making its decision on whether to execute this renewal MOU. The FHWA will make the final, executed MOU publicly available. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program) Authority: 23 U.S.C. 326; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 49 CFR 1.85; 40 CFR 1507.3, 1508.4. Issued on: November 23, 2016. Vincent Mammano, California Division Administrator, Federal Highway Administration. [FR Doc. 2016-28800 Filed 11-29-16; 8:45 am] BILLING CODE 4910-22-P
![86376 Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices
PARTICIPATING COMPANIES—Continued
Average Total
Number of Frequency of Number of burden per estimated
Requirement respondents response responses response annual burden
(minutes) (hours)
Creation of file with SSN holder identification data; main-
taining required documentation/forms .............................. 90 ** 251 22,590 60 22,590
Using the system to upload request file, check status, and
download results file ......................................................... 90 251 22,590 5 1,883
Storing Consent Forms ........................................................ 90 251 22,590 60 22,590
Activities related to compliance review ................................ 90 251 22,590 60 22,590
Total .............................................................................. ........................ ........................ 90,373 ........................ 69,679
* One-time registration process/approximately 14 new participating companies per year.
** Please note there are 251 Federal business days per year on which a requesting party could submit a file.
PARTICIPATING COMPANIES WHO OPT FOR EXTERNAL TESTING ENVIRONMENT (ETE)
Average Total
Number of Frequency of Number of burden per estimated
Requirement respondents response responses response annual burden
(minutes) (hours)
ETE Registration Process (includes reviewing and com-
pleting ETE User Agreement) .......................................... 20 1 1 180 60
Web Service Transactions ................................................... 20 1 1 50 17
Reporting Issues Encountered on Web service testing
(e.g., reports on application’s reliability) .......................... 20 1 1 50 17
Reporting changes in users’ status (e.g., termination or
changes in users’ employment status; changes in duties
of authorized users) ......................................................... 20 1 1 60 20
Cancellation of Agreement .................................................. 20 1 1 30 10
Dispute Resolution ............................................................... 20 1 1 120 40
Total .............................................................................. 20 ........................ 104 ........................ 164
PEOPLE WHOSE SSNS SSA WILL VERIFY
Average Estimated
Number of Frequency of Number of burden per
Requirement annual burden
respondents response responses response (hours)
(minutes)
Reading and signing authorization for SSA to release SSN
verification ........................................................................ 2,800,000 1 2,800,000 3 140,000
Responding to CPA re-contact ............................................ 5,750 1 5,750 5 479
Total .............................................................................. 2,805,750 ........................ 2,805,750 ........................ 140,479
There is one CPA respondent Estimated per Company Cost to Store DEPARTMENT OF TRANSPORTATION
conducting compliance reviews and Consent Forms—$300.
preparing written reports of findings. Federal Highway Administration
Date: November 25, 2016.
The average burden per response is
4,800 minutes for a total burden of 7,200 Naomi R. Sipple,
[Docket No. FHWA–2016–0035]
hours annually. Reports Clearance Officer, Social Security
Administration. Proposed Amendment to the Third
Cost Burden [FR Doc. 2016–28822 Filed 11–29–16; 8:45 am] Renewed Memorandum of
The public cost burden is dependent BILLING CODE 4191–02– Understanding (MOU) Assigning
upon the number of companies and Certain Federal Environmental
transactions. SSA based the cost Responsibilities to the State of
estimates below upon 90 participating of SSN transactions submitted to SSA by the
company on a yearly basis. For example, if a
California, Including National
companies submitting a total 2.8 million Environmental Policy Act (NEPA)
sradovich on DSK3GMQ082PROD with NOTICES
company anticipates submitting 1 million requests
transactions per year. to SSA for the year, its total transaction cost for the Authority for Certain Categorical
One-Time Per Company Registration year would be $1.40 × 1,000,000, or $1,400,000. Exclusions (CEs)
Fee—$5,000. Periodically, SSA will calculate our costs to provide
Estimated per SSN Transaction Fee— CBSV services and adjust the fee charged as needed. AGENCY: Federal Highway
$1.40.1 SSA notifies companies in writing and via Federal Administration (FHWA), DOT.
Register Notice of any changes and companies have ACTION: Notice of proposed amendment,
1 The annual costs associated with the transaction the opportunity to cancel the agreement or continue
request for comments.
to each company are dependent upon the number service using the new transaction fee.
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![86378 Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices
MOU when making its decision on sustainment of domestic CI timing The national policy requirement to
whether to execute this renewal MOU. continuity with the capability to extend ensure resilient PNT capabilities is
The FHWA will make the final, service(s) in the future to provide expressed in two Presidential policy
executed MOU publicly available. positioning/navigation continuity as documents. The National Space Policy
(Catalog of Federal Domestic Assistance well. of the United States of America, dated
Program Number 20.205, Highway Planning DATES: Responses should be filed by
June 28, 2010, states, ‘‘. . . the United
and Construction. The regulations January 30, 2017. States shall . . . Invest in domestic
implementing Executive Order 12372 capabilities and support international
regarding intergovernmental consultation on ADDRESSES: You may file responses
activities to detect, mitigate, and
Federal programs and activities apply to this identified by the docket number DOT– increase resiliency to harmful
program) OST–2016–0227 by any of the following interference to GPS, and identify and
Authority: 23 U.S.C. 326; 42 U.S.C. 4331, methods: implement, as necessary and
4332; 23 CFR 771.117; 49 CFR 1.85; 40 CFR • Federal eRulemaking Portal: go to
appropriate, redundant and back-up
1507.3, 1508.4. http://www.regulations.gov and follow
systems or approaches for critical
the online instructions for submitting infrastructure, key resources, and
Issued on: November 23, 2016.
comments. mission-essential functions.’’ This
Vincent Mammano, • Mail: Docket Management Facility,
California Division Administrator, Federal follows a statement in U.S. Space-based
U.S. Department of Transportation, 1200
Highway Administration. PNT Policy dated December 15, 2004
New Jersey Ave. SE., West Building
[FR Doc. 2016–28800 Filed 11–29–16; 8:45 am] (National Security Presidential Directive
Ground Floor, Room W12–140,
(NSPD)–39) that, ‘‘. . . the United States
BILLING CODE 4910–22–P Washington, DC 20590–0001. Government shall . . . Improve the
• Hand Delivery or Courier: West
performance of space-based positioning,
Building Ground Floor, Room W12–140,
DEPARTMENT OF TRANSPORTATION navigation, and timing services,
1200 New Jersey Ave. SE., between 9:00
including more robust resistance to
a.m. and 5:00 p.m. ET, Monday through
Office of the Secretary of interference for, and consistent with,
Friday, except Federal holidays.
Transportation U.S. and allied national security
• Fax: (202) 493–2251.
Instructions: You must include the purposes, homeland security, and civil,
[DOT–OST–2016–0227]
agency name and docket number DOT– commercial, and scientific users
Positioning, Navigation, and Timing worldwide . . . and, Promote the use of
OST–2016–0227 at the beginning of
(PNT) Service for National Critical U.S. space-based positioning,
your submission. All submissions
Infrastructure Resiliency navigation, and timing services and
received will be posted without change
capabilities for applications at the
AGENCY: Office of the Secretary (OST), to http://www.regulations.gov, including
Federal, State, and local level, to the
U.S. Department of Transportation any personal information provided.
Privacy Act: Anyone is able to search maximum practical extent.’’
(DOT). As defined in NSPD–39, the
the electronic form of all submissions
ACTION: Request for information (RFI). responsibility to ‘‘. . . advise and
received in any of our dockets by the
coordinate with and among the
SUMMARY: This RFI provides an outline name of the individual submitting the Departments and Agencies responsible
for the potential use by the Federal document (or signing the submission, if for the strategic decisions regarding
Government of one or more Positioning, submitted on behalf of an association, policies, architectures, requirements,
Navigation, and Timing (PNT) business, labor union, etc.). You may and resource allocation for maintaining
technologies to back up signals from the review DOT’s complete Privacy Act and improving U.S. space-based PNT
Global Positioning System (GPS) and to statement in the Federal Register infrastructures, including the GPS, its
ensure resiliency of PNT for U.S. published on April 11, 2000 (65 FR augmentations, [and] security for these
Critical Infrastructure (CI) operations. 19477–78), or you may visit http:// services . . .’’ rests with the National
As a co-chair and member of the DocketsInfo.dot.gov. Space-Based PNT Executive Committee,
National Executive Committee for Docket: For access to the docket and co-chaired by the Deputy Secretaries of
Space-based PNT, and a provider and comments received, go to http:// the Department of Defense and the
user of U.S. critical infrastructure www.regulations.gov or to the street Department of Transportation. NSPD–39
services, the Department of address listed above. Follow the online also specifically requires that the
Transportation is investigating instructions for accessing the docket. Secretary of Transportation, in
opportunities by which the Federal FOR FURTHER INFORMATION CONTACT: coordination with the Secretary of
Government may make use of service(s) Karen L. Van Dyke, Director, Homeland Security, ‘‘. . . develop,
which can provide the necessary backup Positioning, Navigation, and Timing & acquire, operate, and maintain backup
capability or capabilities to ensure PNT Spectrum Management, Office of the position, navigation, and timing
continuity for U.S. CI in the event of a Assistant Secretary for Research and capabilities that can support critical
temporary disruption in GPS Technology, U.S. Department of transportation, homeland security, and
availability. Further, as the lead civil Transportation, 1200 New Jersey Ave. other critical civil and commercial
agency for PNT in the Federal SE., Washington, DC, 20590, 202–366– infrastructure applications within the
Government, the Department of 3180, karen.vandyke@dot.gov. United States, in the event of a
Transportation is interested in SUPPLEMENTARY INFORMATION: disruption of the GPS or other space-
sradovich on DSK3GMQ082PROD with NOTICES
leveraging PNT service technology based positioning, navigation, and
initiatives under consideration or 1. Overview
timing services . . .’’
currently undertaken by industry. This RFI provides an outline for the As a co-chair and member of the
The Federal Government is presently potential use by the Federal National Executive Committee for
documenting civil requirements for PNT Government of one or more PNT Space-based PNT, and a provider and
capabilities to serve as the basis for technologies to back up signals from user of U.S. CI services, the Department
potential future acquisition activity. The GPS and to ensure resiliency of PNT for of Transportation is investigating
initial objective is to support U.S. critical infrastructure operations. opportunities by which the Federal
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Document Created: 2016-11-30 02:18:04
Document Modified: 2016-11-30 02:18:04
| 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 amendment, request for comments. | |
| Dates | Comments must be received on or before December 30, 2016. | |
| Contact | For FHWA: Shawn Oliver; by email at [email protected] or by telephone at 916-498-5048. The FHWA California Division Office's normal business hours are 8 a.m. to 4:30 p.m. (Pacific Time), Monday-Friday, except for Federal holidays. For the State of California: Tammy Massengale; by email at [email protected] or by telephone at 916-653-5157. State business hours are the same as above although State holidays may not completely coincide with Federal holidays. | |
| FR Citation | 81 FR 86376 |
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