82_FR_31802 82 FR 31673 - Surface Transportation Project Delivery Program; Ohio Department of Transportation Audit Report

82 FR 31673 - Surface Transportation Project Delivery Program; Ohio Department of Transportation Audit Report

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31673-31680
FR Document2017-14233

The Moving Ahead for Progress in the 21st Century Act (MAP-21) established the permanent Surface Transportation Project Delivery Program that allows a State to assume FHWA's environmental responsibilities for review, consultation, and compliance for Federal highway projects. When a State assumes these Federal responsibilities, the State becomes solely liable for carrying out the responsibilities it has assumed, in lieu of FHWA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance by each State participating in the Program. This notice makes available the final report of Ohio Department of Transportation's (ODOT) first audit under the program.

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31673-31680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14233]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2016-0034]


Surface Transportation Project Delivery Program; Ohio Department 
of Transportation Audit Report

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: The Moving Ahead for Progress in the 21st Century Act (MAP-21) 
established the permanent Surface Transportation Project Delivery 
Program that allows a State to assume FHWA's environmental 
responsibilities for review, consultation, and compliance for Federal 
highway projects. When a State assumes these Federal responsibilities, 
the State becomes solely liable for carrying out the responsibilities 
it has assumed, in lieu of FHWA. This program mandates annual audits 
during each of the first 4 years of State participation to ensure 
compliance by each State participating in the Program. This notice 
makes available the final report of Ohio Department of Transportation's 
(ODOT) first audit under the program.

FOR FURTHER INFORMATION CONTACT: Mr. Kreig Larson, Office of Project 
Development and Environmental Review, (202) 366-2056, 
Kreig.Larson@dot.gov, or Mr. Jomar Maldonado, Office of the Chief 
Counsel, (202) 366-1373, Jomar.Maldonado@dot.gov, Federal Highway 
Administration, Department of Transportation, 1200 New Jersey Avenue 
SE., Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 
p.m., EST, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    An electronic copy of this notice may be downloaded from the 
specific docket page at www.regulations.gov.

Background

    The Surface Transportation Project Delivery Program, codified at 23 
U.S.C. 327, allows a State to assume FHWA's environmental 
responsibilities for review, consultation, and compliance for Federal 
highway projects. When a State assumes these Federal responsibilities, 
the State becomes solely liable for carrying out the responsibilities 
it has assumed, in lieu of the FHWA. The ODOT published its application 
for assumption under the National Environmental Policy Act (NEPA) 
Assignment Program on April 12, 2015, and made it available for public 
comment for 30 days. After considering public comments, ODOT submitted 
its application to FHWA on May 27, 2015. The application served as the 
basis for developing a Memorandum of Understanding (MOU) that 
identifies the responsibilities and obligations that ODOT would assume. 
The FHWA published a notice of the draft MOU in the Federal Register on 
October 15, 2015, with a 30-day comment period to solicit the views of 
the public and Federal agencies. After the close of the comment period, 
FHWA and ODOT considered comments and proceeded to execute the MOU. 
Effective December 28, 2015, ODOT assumed FHWA's responsibilities under 
NEPA, and the responsibilities for NEPA-related Federal environmental 
laws described in the MOU.
    Section 327(g) of Title 23, United States Code, requires the 
Secretary to conduct annual audits during each of the first 4 years of 
State participation. After the fourth year, the Secretary shall monitor 
the State's compliance with the written agreement. The results of each 
audit must be made available for public comment. The FHWA published a 
notice in the Federal Register on March 16, 2017, soliciting public 
comment for 30-days, pursuant to 23 U.S.C. 327(g). This notice is 
available at 82 FR 14096. The FHWA received comments on the draft 
report from the American Road & Transportation Builders Association 
(ARTBA). The ARTBA's comments were supportive of the Surface 
Transportation Project Delivery Program and did not relate specifically 
to Audit #1. The team has considered these comments in finalizing this 
audit report. This notice makes available the final report of ODOT's 
first audit under the program.

    Authority:  23 U.S.C 327; 23 CFR 773; 49 CFR 1.85.

    Issued on: June 29, 2017.
Walter C. Waidelich, Jr.,
Acting Deputy Administrator, Federal Highway Administration.

Surface Transportation Project Delivery Program

FHWA Audit of the Ohio Department of Transportation

December 28, 2015 through August 5, 2016

TABLE OF CONTENTS

Background.....................................................        7
Scope and Methodology..........................................        8
    Overall Audit Opinion......................................        9
Observations and Successful Practices..........................       11
    Program Management.........................................       11
        Observation 1: ODOT has established a strategy,               11
         direction, and framework for the integration and
         implementation of NEPA Assignment throughout ODOT,
         including OES, Districts, agencies, LPAs, and
         consultants...........................................
        Observation 2: ODOT has proactively revised its               12
         policies, manuals, guidance, and processes to ensure
         that they are current and compliant with NEPA
         Assignment requirements...............................
        Observation 3: EnviroNet, ODOT's robust and                   12
         comprehensive NEPA process system, has facilitated
         implementation of NEPA Assignment.....................

[[Page 31674]]

 
        Observation 4: ODOT does not include EAs, EISs, or            13
         their re-evaluations in the EnviroNet system in the
         same way as Categorical Exclusions (CE)...............
    Documentation and Records Management.......................       13
        Observation 5: FHWA identified project-level compliance       13
         issues with 12 projects in 7 environmental resource
         areas, including: Public Involvement, Environmental
         Justice, Environmental Commitments, Wetlands,
         Floodplains, and Section 4(f).........................
        Observation 6: The team identified several instances          14
         where the information included in the online
         environmental file did not follow ODOT standards......
        Quality Assurance/Quality Control (QA/QC)..............       14
        Observation 7: There are variations in awareness,             15
         understanding, and implementation of QA/QC process and
         procedures that may result in the potential for
         inconsistencies in project documentation..............
    Legal Sufficiency Review...................................       16
        Observation 8: ODOT has developed guidance for legal          16
         sufficiency. To date, guidance on legal sufficiency is
         untested..............................................
        Successful Practice 1: ODOT has successfully integrated       17
         a dedicated legal counsel as part of the environmental
         team..................................................
        Performance Measures...................................       17
        Observation 9: Development of a program for collecting        17
         and maintaining Performance Measures as defined in
         Part 10.2 of the MOU is ongoing.......................
    Training Program...........................................       18
        Observation 10: ODOT has a robust environmental               18
         training program......................................
        Successful Practice 2: ODOT uses pre-qualified                18
         consultants for environmental work. Part of the
         qualifying criteria is completion of the same training
         as is required of ODOT environmental staff............
        Successful Practice 3: ODOT includes required and on-         18
         going training of all environmental staff and
         consultants...........................................
        Observation 11: Opportunities exist for expanding             19
         training in EJ........................................
Preparation and Comment on the Draft Report....................       19
Finalization of Report.........................................       19
 

Executive Summary

    As part of responsibilities specified in 23 U.S.C. 327, as amended 
by the Fixing America's Surface Transportation (FAST) Act (P.L. 114-
94), this is the first audit of the Ohio Department of Transportation 
(ODOT)'s assumption of National Environmental Policy Act (NEPA) 
responsibilities, conducted by a team of Federal Highway Administration 
(FHWA) staff (the team). On December 28, 2015, ODOT assumed Federal 
Highway Administration's (FHWA) NEPA responsibilities and liabilities 
for the Federal-aid highway program in Ohio, as specified in a 
Memorandum of Understanding (MOU) signed on December 11, 2015. This 
audit examined ODOT's performance under the MOU regarding 
responsibilities and obligations assigned therein.
    The FHWA review team, formed in February 2016, met regularly to 
prepare and conduct elements of the review. Prior to the on-site visit, 
the team performed reviews of ODOT's project NEPA documentation in 
EnviroNet (ODOT's official environmental document filing system), the 
ODOT pre-audit information request (PAIR) response, and ODOT's self-
assessment report. In addition, the team reviewed ODOT guidance 
documents, including the NEPA Quality Control/Quality Assurance 
Guidance, and the ODOT NEPA Assignment Training Plan. The team 
developed interview questions for ODOT Central Office, ODOT Districts, 
and outside agencies for the on-site portion of this review, which took 
place from August 1-5, 2016.
    The ODOT is still in a transition phase and is developing and 
implementing procedures and processes for Federal decisionmaking 
responsibility under the NEPA Assignment Program. Overall, the team 
found evidence that ODOT made reasonable progress in implementing the 
NEPA Assignment Program and is committed to establishing a successful 
program. This report provides the team's assessment of ODOT's 
implementation of the NEPA Assignment Program, embodied in 11 
observations and 3 successful practices.
    It is important to differentiate between program-level compliance 
and project-level compliance under the NEPA Assignment Program. 
Project-level compliance refers to whether ODOT followed Federal 
environmental laws and regulations for a specific environmental action 
on a project. Project-level compliance trends may indicate program-
level compliance. Program-level compliance refers to whether ODOT 
followed requirements (1) described in programs, processes, and 
procedures including Federal environmental laws and regulations for 
NEPA; (2) embodied in 23 U.S.C. 327 (as amended by the FAST Act); and 
(3) stipulated in the MOU between FHWA and ODOT for the Assignment 
Program. The team did not make any program-level non-compliance 
observations during this first review; however, the team did note 
project-level non-compliance observations, which this report discusses 
in further detail.
    The team finds ODOT to be in substantial compliance with the 
provisions of the MOU. The ODOT has carried out the responsibilities 
that it has assumed, keeping with the intent of the MOU and its 
application for NEPA assumption responsibilities. We encourage ODOT to 
consider the observations in this report to continue to build upon the 
early successes of its program.

Background

    The Surface Transportation Project Delivery Program (NEPA 
Assignment Program) allows a State to assume FHWA's environmental 
responsibilities for review, consultation, and compliance with 
environmental laws for Federal-aid highway projects. When a State 
assumes these Federal responsibilities, the State becomes solely 
responsible and liable for carrying out the responsibilities it has 
assumed, in lieu of FHWA. The NEPA assignment first began as a pilot 
program established by Section 6005 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). 
Section 1313 of the Moving Ahead for Progress in the 21st Century Act 
(MAP-21), as codified in 23 U.S.C. 327 and amended by the FAST Act, 
made this program permanent.
    Pursuant to Ohio Revised Code Section 5531.30, signed into law by 
Governor Kasich on April 1, 2015, the State of Ohio expressly consented 
to exclusive Federal court jurisdiction with respect to the compliance, 
discharge, and enforcement of any responsibility with respect to duties 
under NEPA and other Federal environmental laws assumed by ODOT. Ohio 
has therefore waived its sovereign immunity under 11th Amendment of the 
U.S. Constitution and consents to Federal Court jurisdiction for 
actions brought by its citizens for projects it has

[[Page 31675]]

approved under the NEPA Assignment Program.
    The ODOT published its application for assumption under the NEPA 
Assignment Program on April 12, 2015, and made it available for public 
comment for 30 days. After considering public comments, ODOT submitted 
its application to FHWA on May 27, 2015. The application served as the 
basis for developing the MOU that identifies the responsibilities and 
obligations that ODOT would assume. The FHWA published a notice of the 
draft MOU in the Federal Register on October 15, 2015, at 80 FR 62153, 
with a 30-day comment period to solicit the views of the public and 
Federal agencies. After the comment period closed, FHWA and ODOT 
considered comments and executed the MOU.
    Effective December 28, 2015, ODOT assumed FHWA's project approval 
responsibilities under NEPA and NEPA-related Federal environmental 
laws.
    Federal responsibilities not assigned to ODOT that remain with FHWA 
include:
    (1) any highway projects authorized under 23 U.S.C. 202 (Tribal 
Transportation Program);
    (2) any highway projects authorized under 23 U.S.C. 203 and 204 
(Federal Lands Transportation Program), unless such projects will be 
designed and constructed by ODOT;
    (3) any project that crosses State boundaries, and any project that 
crosses or is adjacent to international boundaries (A project is 
considered ``adjacent to international boundaries'' if it requires the 
issuance of a new or the modification of an existing Presidential 
Permit by the U.S. Department of State.);
    (4) project-level conformity determinations under the Federal Clean 
Air Act; and
    (5) conducting government-to-government consultation with federally 
recognized Indian tribes.
    The FHWA will conduct a series of four annual compliance audits of 
the ODOT NEPA Assignment Program to satisfy provisions of 23 U.S.C. 
327(g) and Part 11 of the MOU. Audits, as stated in MOU Sections 11.1.1 
and 11.1.5, are the primary mechanism to oversee ODOT's compliance with 
the MOU, ensure compliance with applicable Federal laws and policies, 
evaluate ODOT's progress toward achieving the performance measures 
identified in MOU Section 10.2, and collect information needed for the 
Secretary's annual report to Congress.
    This audit report will be available to ODOT and the public for 
review and comment. The FHWA will consider the status of observations 
from an audit as part of the scope of future audits and will include a 
summary discussion describing the progress made since the prior audit 
in all subsequent audit reports.
    To ensure a level of diversity and guard against unintended bias, 
the team is comprised of NEPA subject matter experts from the FHWA Ohio 
Division Office, as well as FHWA offices in Washington, DC; Atlanta, 
GA; Austin, TX; Tallahassee, FL; and Baltimore, MD. In addition to the 
NEPA experts, two individuals from FHWA's Program Management 
Improvement Team in Lakewood, CO, provided technical assistance in 
conducting reviews. All of these experts received training specific to 
evaluation of implementation of the NEPA Assignment Program. The 
diverse composition of the team and the process of developing the audit 
report for publication in the Federal Register ensure that the team 
conducted the audit in an unbiased and official manner.

Scope and Methodology

    The team conducted a careful examination of the ODOT NEPA 
Assignment Program through review of three primary sources of 
information: project files, ODOT's responses to the pre-audit 
information request, and interviews with ODOT Central Office and 
District environmental staff, as well as resource agency staff. All 
reviews focused on objectives related to the six NEPA Assignment 
Program elements contained in the MOU: program management; 
documentation and records management; quality assurance/quality 
control; legal sufficiency; performance measurement; and training.
    The purpose of the project file review was to evaluate the NEPA 
process and procedures utilized by ODOT, but not project-specific NEPA 
decisions. Fourteen members of the team reviewed a statistically valid 
sample of project files in ODOT's online environmental file system, 
EnviroNet. The universe of projects included any highway project with 
an environmental approval date between December 28, 2015, and May 31, 
2016. Using a 90 percent confidence level and 10 percent margin of 
error, the team reviewed 82 out of 535 total projects. The projects 
reviewed represented all NEPA classes of action available, all 12 ODOT 
Districts, and the Ohio Rail Development Commission.
    The team composed the 40-question PAIR based on requirements in the 
MOU that were incorporated into the objectives for the audit. The ODOT 
provided responses to the questions and the requests for documentation, 
such as its organizational structure. The team reviewed ODOT's 
responses to gain an understanding of how ODOT is currently meeting the 
requirements of the MOU. The team also compared the procedures 
described in the response to ODOT's written procedures. Finally, the 
team developed specific questions for the interviews to gather more 
information or to seek clarification based on ODOT's PAIR response.
    The team conducted approximately 40 on-site interviews with staff 
at three ODOT Districts (District 4 [Akron], District 5 [Jacksontown], 
and District 9 [Chillicothe]); ODOT's Division of Planning, Office of 
Environmental Services (OES); the Ohio Rail Development Commission; and 
the Columbus, Ohio field offices of both the U.S. Fish and Wildlife 
Service and the U.S. Army Corps of Engineers. In each office, 
interviewees included staff, middle management, and executive 
management. The selected interviewees represented a diverse range of 
expertise and experience. The interviews at the ODOT Districts also 
included a discussion with the District Environmental Coordinators and 
environmental staff on project specific issues identified in the team's 
project file review. In addition, the team met with ODOT OES to discuss 
the audit's identified project file issues following the on-site review 
week.
    The team verified information on the ODOT NEPA Assignment Program 
through review of ODOT policies, guidance, manuals, and reports. This 
included the NEPA Quality Control/Quality Assurance Guidance, ODOT NEPA 
Assignment Training Plan, and ODOT NEPA Assignment Self-Assessment 
report. The team identified gaps between the information in the 
documents, project file review, and interviews. The team documented the 
results of its reviews and interviews and consolidated the results into 
related topics or themes. From these topics or themes, the team 
developed the review observations and successful practices. The FHWA 
defines an observation as a statement that explains the condition, 
criteria, cause, and effect. The team considers observations as 
sufficiently important to urge ODOT to consider improvements or 
enhancement to the area of project management in its NEPA Assignment 
Program.
    The FHWA defines successful practices as processes, procedures, 
practices, and technologies that the team wants to recognize, and that 
may benefit others. Successful practices should be replicable and 
scalable for other agencies.

[[Page 31676]]

Overall Audit Opinion

    The ODOT has carried out the responsibilities it has assumed 
pursuant to both the MOU and the Application. As such, the team finds 
ODOT to be in substantial compliance with the provisions of the MOU. 
Overall, the team found evidence that ODOT made reasonable progress in 
implementing the NEPA Assignment Program and is committed to 
establishing a successful program. The team identified eleven (11) 
observations, including both successful practices and opportunities for 
ODOT to improve its implementation of the NEPA Assignment Program.
    Project-level compliance refers to whether ODOT properly documented 
and followed Federal environmental laws and regulations for a specific 
environmental action on a project. Project-level compliance trends may 
indicate program-level compliance. The project-level compliance issues 
noted by the review team did not indicate a trend of program non-
compliance in this review.
    Program-level compliance refers to whether ODOT followed 
requirements described in programs, processes and procedures including 
Federal environmental laws and regulations for NEPA; requirements 
imposed by 23 U.S.C. 327; and compliance with the MOU between FHWA and 
ODOT for the NEPA Assignment Program. The team did not make any 
program-level, non-compliance observations during this first review; 
however, the team noted project-level non-compliance observations, 
which this report discusses in further detail below.
    The team recognizes that ODOT is still implementing the NEPA 
Assignment Program and is in the early stages of fully adapting and 
incorporating the requisite programs, policies, and procedures into its 
overall project development program. The ODOT's efforts are 
appropriately focused on establishing and refining policies, 
procedures, and guidance; training staff, including those within and 
outside of ODOT; clarifying role and responsibility changes due to NEPA 
Assignment; and monitoring compliance with its assigned 
responsibilities.
    The ODOT's EnviroNet system provides a framework for ODOT's NEPA 
Assignment Program by serving as a records retention repository and as 
a project management tool for decisionmaking in the NEPA process. It 
also provides documentation of agency coordination and public 
involvement in that decision. The system has built-in controls, 
allowing ODOT to apply a measure of quality control and to enable the 
preparer to monitor project status, track when key decisions are 
required, and to record when they are completed.
    The team has noted 11 observations. The team urges ODOT to consider 
improvements through one or more of the following: revising policies, 
procedures, and guidance, as needed; educating staff on the content and 
parameters of the policies, procedures, and guidance through targeted 
training; continued self-assessment; and continued information 
dissemination both inside and outside of ODOT and with the public. We 
encourage ODOT to consider the observations in this report to continue 
to build upon the early successes of its program.

Observations and Successful Practices

Program Management

    Observation 1: ODOT has established a strategy, direction, and 
framework for the integration and implementation of NEPA Assignment 
throughout ODOT, including OES, Districts, agencies, LPAs, and 
consultants.
    The ODOT has communicated--through procedure development and/or 
refinement, its day-to-day correspondence, and rollout presentations 
within and outside of ODOT--that it has a strategy for incorporating 
NEPA Assignment into the overall project development process. The team 
found in ODOT's responses to the PAIR and through interviews that ODOT 
has utilized various means to disseminate this information to ODOT 
Central Office, Districts, coordinating agencies, Local Public Agencies 
(LPA), consultants, and the public. The Administrator of OES has stated 
that NEPA Assignment should be invisible on a day-to-day basis, as the 
NEPA process itself has not changed. The ODOT is simply completing the 
process under the MOU, which reflects ODOT's authority to make NEPA 
decisions, as agreed to by FHWA and ODOT.
    Staff at all levels affirmed that OES management continuously 
stresses the responsibility and liability inherent in NEPA Assignment. 
Management stressed that all levels of staff should be fully aware of 
their responsibilities in all day-to-day activities. In addition, ODOT 
is also enhancing its working relationship with LPAs to ensure 
consistency in the preparation and review of NEPA documents, whether 
prepared by ODOT or the LPA. In general, ODOT takes pride in its 
assumed responsibilities and has worked to ensure that its staff is 
comfortable in this new role through policy and procedure review, and 
through various training opportunities. Interview responses also 
reflected that prior to NEPA Assignment, OES provided in-house training 
for ODOT consultants and staff at all levels.
    Additional training opportunities noted in the PAIR and interviews 
include the newly established, bi-weekly NEPA Chats and quarterly 
District Environmental Coordinator (DEC) meetings. Interviewees 
indicated that they appreciate these opportunities and view them as an 
effective forum for learning and practice. These activities provide 
avenues for OES to dispense information, examples, and tips; answer 
questions; and explain new concepts to enhance staff understanding of 
new processes and procedures. Attendance at the NEPA Chats is 
mandatory, and when staff cannot attend a session, ODOT provides a 
summary of the information covered shortly after the NEPA Chat is 
completed.
    The ODOT added three positions to address specific NEPA Assignment 
responsibilities: the NEPA Assignment Coordinator, environmentally 
focused legal counsel, and another staff person who dedicates half her 
time to NEPA Assignment. The OES and District staff stated that there 
are sufficient personnel to deliver a successful NEPA Assignment 
program. District staff also indicated that OES subject matter staff 
and management are available to assist the Districts when needed.
    Observation 2: ODOT has proactively revised its policies, manuals, 
guidance, and processes to ensure that they are current and compliant 
with NEPA Assignment requirements.
    In demonstrating preparedness for NEPA Assignment, ODOT has been 
pro-active in revising its policies, manuals, guidance, and processes 
to ensure the documents are current, per NEPA Assignment requirements. 
An interview with OES executive management confirmed that these 
revisions account for approximately 80 documents to date, plus updates 
to ODOT's training curriculum.
    To prepare for NEPA Assignment, ODOT has reached out to each of the 
external resource agencies to assure them that long-established 
relationships will not change as a result of NEPA Assignment. The 
ODOT's PAIR response and self-assessment, as well as in resource agency 
interviews, evince this effort. In addition, ODOT developed escalation 
procedures with some resource agencies. Resource agencies have praised 
both the technical competency of ODOT staff and the effective 
documentation on ODOT sponsored projects. During the resource

[[Page 31677]]

agency interviews, interviewees shared some opportunities for 
improvement; these included better response time from ODOT on non-
compliance notices and project-specific information requests.
    Observation 3: EnviroNet, ODOT's robust and comprehensive NEPA 
process system, has facilitated implementation of NEPA Assignment.
    EnviroNet (ODOT's official online environmental file system) 
provides a framework for ODOT's NEPA Assignment Program, serving as a 
records retention repository and a project management tool for the NEPA 
process. It also provides documentation of agency coordination and 
public involvement for a particular decision. The system has built-in 
controls, allowing ODOT to apply a measure of quality control and to 
enable the preparer to monitor project status, track when key decisions 
are required, and record when they are completed.
    EnviroNet provides a robust and comprehensive system to capture the 
NEPA process. The system has been a useful tool in facilitating the 
implementation of NEPA Assignment. Two key features are its ease of use 
and the fact that it acts as a process guide to enhance the completion 
of NEPA documentation, assuring that the requisite documents are 
included in the electronic project file. The team supports ODOT's plans 
to upgrade the EnviroNet System and resource agency access.
    EnviroNet serves as ODOT's official online environmental file 
system, and ODOT procedures require that staff save all project-related 
documents therein. The ODOT NEPA File Management and Documentation 
Guidance,\1\ dated March 23, 2016, states, ``ODOT must retain project 
files and general administrative files related to NEPA 
responsibilities. Every related decision-making document must be 
included the EnviroNet Project File.'' However, the team learned 
through its interviews with ODOT staff that ODOT deletes internal 
comments related to draft documents from the project file once the 
document is final. In addition, interviewees indicated that alternate 
and duplicate files are stored outside of the EnviroNet system. The 
team also discovered instances where the Environmental Assessment (EA) 
and the Environmental Impact Statement (EIS) documentation were located 
outside of EnviroNet.
---------------------------------------------------------------------------

    \1\ Available at: https://www.dot.state.oh.us/NEPA-Assignment/Documents/ODOT_NEPA_File_Management.pdf.
---------------------------------------------------------------------------

    These practices may represent a risk to ODOT, since they could 
eliminate documentation and evidence that support the ``hard look'' at 
projects required by NEPA. More specifically, the deleted comments and 
the use of alternate files could leave gaps in the decisionmaking 
process that may be subject to litigation. The deletion of internal 
document review comments and use of alternate files could also hinder 
the transparency of the process and potentially call into question 
reasonable assurances of compliance with NEPA and other recordkeeping 
requirements. In addition, ODOT's process of internal comment deletion 
does not allow for documenting trends in matters of compliance and non-
compliance.
    Observation 4: ODOT does not include EAs, EISs, or their re-
evaluations in the EnviroNet system in the same way as Categorical 
Exclusions (CE).
    During interviews, ODOT personnel acknowledged EnviroNet contains 
date fields to track EAs, EISs, and their re-evaluations, but the 
system does not have fields to enter all information for these classes 
of NEPA actions. Interviewees stated that staff typically upload a PDF 
of the EA, EIS, or associated re-evaluation to the Project File Tab in 
EnviroNet, in addition to entering data into the date fields.
    The team reviewed two EIS re-evaluations that had incomplete 
documentation in EnviroNet, per ODOT's NEPA File Management and 
Documentation Guidance. Upon further inquiry, the team determined that 
ODOT had stored the complete documentation outside of EnviroNet because 
the original EIS documentation predated EnviroNet. Due to 
inconsistencies between ODOT's guidance and actual practices, the team 
encourages ODOT to update its NEPA File Management and Documentation 
Guidance to clarify how EAs, EISs, and their re-evaluations should be 
documented and filed to ensure that staff includes all necessary 
information in the official environmental project file.

Documentation and Records Management

    Observation 5: FHWA identified project-level compliance issues with 
12 projects in 7 environmental resource areas, including: Public 
Involvement, Environmental Justice, Environmental Commitments, 
Wetlands, Floodplains, and Section 4(f).
    The team discovered project compliance issues in the areas of 
Public Involvement (PI), Environmental Justice (EJ), Environmental 
Commitments, Wetlands, Floodplains, and Section 4(f). The ODOT's self-
assessment identified these same issues, with the exception of Section 
4(f). The review noted several instances that indicated the 
improvements ODOT should make in these areas. The project-level 
compliance issues noted did not rise to the level of a finding of 
program-level non-compliance. None of the reviewed projects were in 
danger of losing Federal funding. For example, 24 percent of the 
sampled projects demonstrated a need for improved public involvement, 
and 6 percent of sampled projects had insufficient EJ analyses to 
satisfy all Federal requirements.

------------------------------------------------------------------------
              Areas Noted in Need of Improvement by Agency
-------------------------------------------------------------------------
            Areas in Need of Improvement                FHWA      ODOT
------------------------------------------------------------------------
PI..................................................  [check]   [check]
EJ..................................................  [check]   [check]
Floodplains.........................................  [check]   [check]
Environmental Commitments...........................  [check]   [check]
Wetlands Findings per E.O. 11990....................  [check]   [check]
Section 4(f)........................................  [check]   ........
Project File Management *...........................  [check]   [check]
------------------------------------------------------------------------
* ODOT's Self-Assessment identified Project File Management
  (Documentation) is another area in need of improvement, in terms of
  documentation input errors within the EnviroNet project file.

    The team met with ODOT, and ODOT agreed with the identified project 
compliance issues. The ODOT continues to improve its processes and 
procedures to ensure complete documentation and project-level 
compliance. The ODOT has indicated that it will take actions to correct 
the individual project compliance issues, such as adding missing 
documentation to the Project File tab in EnviroNet. The team encourages 
ODOT to look for any needed improvements to EnviroNet, policies, 
procedures, and manuals to ensure complete documentation and compliance 
on future projects.
    Observation 6: The team identified several instances where the 
information included in the online environmental file did not follow 
ODOT standards.
    The FHWA identified instances where ODOT was inconsistent with its 
documentation procedures, per the ODOT NEPA File Management and 
Documentation Guidance, and various other ODOT NEPA resource-area 
guidance documents. The ODOT's Self-Assessment also identified project 
file management as another area in need of improvement (see table 
above), in terms of documentation input errors within the EnviroNet 
environmental files.

[[Page 31678]]

Overall, ODOT has sound documentation tools, procedures and guidance. 
However, opportunities exist for ODOT to refine the EnviroNet system, 
accompanying procedures and guidance, and improve documentation 
standards. The team encourages ODOT to refine its controls and training 
to ensure proper documentation. This may include upgrades to EnviroNet 
and policies, procedure, and manuals.

Quality Assurance/Quality Control (QA/QC)

    Observation 7: There are variations in awareness, understanding, 
and implementation of QA/QC process and procedures that may result in 
the potential for inconsistencies in project documentation.
    Interviews with ODOT District and OES staff revealed differences in 
the level of knowledge and understanding of the QC process. Some 
interviewees knew that they played a role and could describe exactly 
how they complete the process. Other interviewees were less familiar 
with their role in the QC process or indicated that they had little to 
no role. In addition, some interviewees who hold the same title, but 
work in different offices (both Districts and OES), reported different 
roles or engagement in the QC process. At the same time, nearly all 
interviewees reported that they review projects or other NEPA documents 
and provide or respond to comments, indicating a misunderstanding of 
the term QC.
    In addition, interviews with ODOT District and OES staff revealed 
many of ODOT's resource area manuals and guidance documents contain 
information that can assist in the QC review process. Interviewees 
reported that the contents of the manuals or guidance help them 
determine if the document under review is in compliance, that all 
necessary analysis was complete, and that all documentation is 
included. The FHWA did hear variation in the frequency and extent to 
which interviewees utilized the manuals and guidance as a tool in their 
QC reviews. For example, many interviewees stated that they use the 
manuals and guidance on a frequent basis, but others stated that they 
do not need to reference the documents during their review.
    Interviews also revealed variation in the implementation of the QC 
process, particularly related to comments generated through the QC 
process. Many interviewees indicated that they were able to generate 
comments and address them through EnviroNet; however, some indicated 
that they provided comments via email or other methodologies. In 
addition, some staff discussed capturing the comments generated during 
the QC process in EnviroNet through different means and saving them 
outside of the EnviroNet system.
    The FHWA reviewed ODOT's response to the PAIR, the ODOT NEPA 
Quality Control/Quality Assurance Guidance, and the ODOT NEPA 
Assignment Self-Assessment report to obtain clarification about some of 
the variation in the District and OES responses. The PAIR response 
contains the most detailed information regarding the manuals and 
guidance documents, ODOT staff's role in the QC process, and how the 
staff should capture comments generated in the QC process. The QC/QA 
Guidance contains general information about staff roles in some of the 
QC process, but does not discuss the use of manuals or comment 
documentation. Lastly, the self-assessment report contains some 
information about use of manuals, but does not discuss staff roles or 
comment documentation.
    Review of the ODOT NEPA Quality Control/Quality Assurance Guidance 
and ODOT's response to the PAIR revealed that ODOT's QA is primarily 
comprised of its self-assessment process. Interviews with ODOT 
Districts and OES staff revealed differences in awareness and 
understanding of the self-assessment process. Many of the interviewees 
indicated they did not know about ODOT's first self-assessment.
    The ODOT Self-Assessment report included statements about areas of 
improvement. However, FHWA was uncertain how ODOT planned to implement 
changes. Through review of ODOT's response to the PAIR and interviews, 
FHWA determined that OES provided the Districts with Interoffice 
Communication memos that contained self-assessment results and 
suggestions for improvement for the specific District. In addition, OES 
emailed the self-assessment report to the District Environmental 
Coordinator's email list (includes staff and DECs) and shared the 
results with ODOT's executive management.
    The OES stated in interviews that it is going to develop strategies 
to address programmatic issues from the self-assessment after it gets 
the results of this report. In addition, OES indicated that they will 
follow-up with Districts to determine if the Districts have implemented 
project specific corrections.
    The QC/QA guidance does not contain detailed information on some 
elements of the QA/QC process. After the interviews, FHWA has a better 
understanding that many employees use the ODOT manuals and guidance as 
reference. However, staff still seems to be unclear about their role in 
the QC process, and there is variation in implementation of the 
process. This could create inconsistencies in the implementation of the 
QA/QC process around the State, particularly regarding project 
documentation. The FHWA previously encouraged ODOT to expand its QC/QA 
guidance document to include information that is more detailed. The 
ODOT indicated in its PAIR response that the final updated version of 
the QC/QA Guidance document would be available in the coming months.

Legal Sufficiency Review

    Observation 8: ODOT has developed guidance for legal sufficiency. 
To date, guidance on legal sufficiency is untested.
    In December 2015, ODOT developed legal sufficiency guidance 
entitled ``ODOT NEPA Assignment Legal Sufficiency Review Guidance.'' 
The guidance sets forth the review procedure and criteria. In addition, 
the guidance provides information to environmental staff on what 
criteria an attorney will focus on during the legal sufficiency review. 
Per that guidance, ODOT is required to conduct legal sufficiency 
reviews of combined Final Environmental Impact statements/Record of 
Decision documents, individual Section 4(f) evaluations, and Federal 
Register notices on the Statute of Limitations of claims pursuant to 23 
U.S.C. 139.
    To date, ODOT has not applied this guidance because it did not have 
any documents that required legal sufficiency review. However, if 
program staff were to receive such documents, they would forward a 
request for review to a dedicated attorney assigned to OES by the Chief 
Legal Counsel. The attorney has 15 business days to complete the legal 
sufficiency review. Upon receipt of the request, the attorney will 
notify the program staff, giving the staff an estimated date of 
completion, and provide any comments and a Legal Sufficiency finding to 
the OES Administrator, Deputy Director of Planning, and the Chief Legal 
Counsel.
    Successful Practice 1: ODOT has successfully integrated a dedicated 
legal counsel as part of the environmental team.
    Per the team's suggestion, ODOT has assigned one attorney from the 
Office of Chief Legal Counsel to provide legal services on 
environmental issues to ODOT. This dedicated attorney serves

[[Page 31679]]

as a resource on all environmental matters and provides legal 
assistance to OES. The dedicated staff attorney has 8 months experience 
in his position and has taken all required environmental training 
courses. However, he does rely on outside resources for complex 
environmental matters. At this time, ODOT does not have a specific, 
identified attorney to take on the work if this dedicated attorney 
leaves the agency. The ODOT should consider training a backup attorney 
to assist when the dedicated legal counsel is not available.
    Since ODOT has not completed any documents that require a legal 
sufficiency review, the team's audit on this topic is necessarily 
limited. At this time, our report on legal sufficiency reviews is a 
description of ODOT's status as described in its response to the PAIR 
and during the interviews with ODOT staff. The team will examine ODOT's 
legal sufficiency reviews by project file inspection and through 
interviews in future audits.

Performance Measures

    Observation 9: Development of a program for collecting and 
maintaining Performance Measures as defined in Part 10.2 of the MOU is 
ongoing.
    The FHWA established the Performance Measures included in MOU 
Section 10.2 to provide an overall indication of ODOT's execution of 
its responsibilities assigned by the MOU. During the interviews, the 
team learned that staff at both the Districts and OES was not informed 
about the performance measures contained in the MOU, nor of any actions 
taken by OES to address the performance measures.
    Leadership at OES indicated in interviews that they were aware that 
the MOU requires ODOT to develop criteria for information and the means 
to collect such information. However, at the time of the interviews, 
ODOT was developing a plan to address the performance measures but it 
had not yet implemented that plan. Based on the responses contained in 
the PAIR and the Department's Self-Assessment report, OES indicated 
that it intends to report on performance measures in the future. The 
ODOT's timeline to fully develop the MOU performance measures is 
unclear. The FHWA is encouraged that ODOT executive management may add 
these performance measures, once developed, to the ODOT Critical 
Success Factors, which are ODOT's departmental performance measures.
    The ODOT told the team that it has begun developing performance 
measures, and that further development will continue. The team did 
learn that some OES staff had considered potential means to collect and 
measure baseline data. For example, ODOT staff considered measuring the 
times for completing the NEPA/environmental process for pre- and post-
assignment projects to compare differences of timeliness and 
efficiencies. The ODOT is currently establishing the baseline. The team 
will assess meaningful measures in Audit #2.

Training Program

    Observation 10: ODOT has a robust environmental training program.
    The ODOT documented its training plan in December 2015, as required 
by Section 12.2 of the MOU. The training plan includes both 
traditional, instructor-based training courses and quarterly District 
Environmental Coordinator meetings, where ODOT's OES can share new 
information and guidance with district staff and staff can participate 
in discussions on the environmental program. The training plan states 
that ``consultants must successfully complete training classes to be 
pre-qualified in specific environmental areas and have specific 
experience required in each area.'' During interviews with ODOT 
management, the team learned that pre-qualification requirements also 
include the experience of the consultant in providing specific 
services, as well as the required ODOT training.
    Successful Practice 2: ODOT uses pre-qualified consultants for 
environmental work. Part of the qualifying criteria is completion of 
the same training as is required of ODOT environmental staff.
    The training plan states that all ODOT environmental staff (both 
central office and district offices) are required to take the pre-
qualification training courses. Staff is encouraged to take all 
training offered, beyond the required training. The team found through 
interviews with ODOT staff that there was a major effort to ensure that 
all staff was up to date on required training. The ODOT management 
indicated that there was a one-time increase in the training budget to 
ensure that staff had the necessary training to carry out their NEPA 
responsibilities. District management staff also indicated their 
support by describing how they prioritize and provide time for staff to 
attend training. All staff interviewed indicated that they had always 
received the support of management to receive necessary training.
    The training plan includes a system to track training needs within 
and outside ODOT. Interviewees indicated that the NEPA Assignment 
Coordinator or the OES Training Coordinator notifies individuals when 
they need training. This includes information on when the training 
needs to be completed and when it is available. The system also tracks 
training histories for local agencies and consultants.
    Successful Practice 3: ODOT includes required and on-going training 
of all environmental staff and consultants.
    The ODOT's training plan relies solely on ODOT-developed courses, 
with no outside training offered in the plan. Discussions with ODOT 
management noted that they were not opposed to such training, as long 
as it was relevant to Ohio's needs and program implementation. In 
support of this statement, ODOT management pointed to an upcoming 
National Highway Institute (NHI) training for ODOT staff on public 
speaking. Additionally, ODOT has sent staff to other Federal agency 
training, such as the conservation training offered by the U.S. Fish 
and Wildlife Service.
    Currently ODOT's training plan for required environmental courses 
consists of only instructor-led training and in-person meetings. Such 
courses allow for interaction among staff, consultants, and local 
agencies. However, ODOT management noted that relying solely on 
instructor-based training is costly and time consuming. The ODOT told 
the team that it is currently assessing each of its training courses to 
determine if any would be more suitable as web-based or electronic 
learning courses. The FHWA encourages ODOT to continue this evaluation 
and incorporate web based courses as appropriate.
    Observation 11: Opportunities exist for expanding training in EJ.
    In its Self-Assessment report, ODOT identified EJ as an area 
needing improvement. The team asked several ODOT staff about EJ 
training opportunities. While most staff indicated that they had 
received such training within the past 5 years, they also noted that 
such training was part of a larger course, such as the ``NEPA--Managing 
the Environmental and Project Development Process'' course, the 
``Categorical Exclusion'' course, or the ``Public Involvement'' course. 
There is not a stand-alone training course on EJ in ODOT's Training 
Plan. In one District, a project manager (non-environmental staff) 
stated they had never received training on EJ. When the team asked 
management in one district about expectations for EJ, management 
indicated that they had none.
    The ODOT management identified EJ as an area needing improvement in 
their Self-Assessment report. In the interim, FHWA encourages ODOT to 
consider EJ

[[Page 31680]]

training for its staff and consultants, offered by the NHI and/or the 
FHWA Resource Center.

Preparation and Comment on the Draft Report

    In consultation with ODOT, FHWA prepared a draft audit report and 
provided this draft to ODOT for a 14-day review and comment period. 
After considering ODOT's comments, FHWA published a notice in the 
Federal Register on March 16, 2017, soliciting public comment for 30-
days, pursuant to 23 U.S.C. 327(g). This notice is available at 82 FR 
14096.

Finalization of Report

    The FHWA received comments on the draft report from the American 
Road & Transportation Builders Association (ARTBA). The ARTBA's 
comments were supportive of the Surface Transportation Project Delivery 
Program and did not relate specifically to Audit #1. The team has 
considered these comments in finalizing this audit report.
    Since the completion of this report, staff from ODOT and FHWA have 
established quarterly partnering sessions where observations and other 
issues relating to NEPA assignment are being discussed, clarified, and 
resolved.

[FR Doc. 2017-14233 Filed 7-6-17; 8:45 am]
 BILLING CODE 4910-22-P



                                                                                                  Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices                                                                                                 31673

                                                       Docket: Background documents or                                         Transportation Project Delivery Program                                     the basis for developing a Memorandum
                                                    comments received may be read at                                           that allows a State to assume FHWA’s                                        of Understanding (MOU) that identifies
                                                    http://www.regulations.gov at any time.                                    environmental responsibilities for                                          the responsibilities and obligations that
                                                    Follow the online instructions for                                         review, consultation, and compliance                                        ODOT would assume. The FHWA
                                                    accessing the docket or go to the Docket                                   for Federal highway projects. When a                                        published a notice of the draft MOU in
                                                    Operations in Room W12–140 of the                                          State assumes these Federal                                                 the Federal Register on October 15,
                                                    West Building Ground Floor at 1200                                         responsibilities, the State becomes                                         2015, with a 30-day comment period to
                                                    New Jersey Avenue SE., Washington,                                         solely liable for carrying out the                                          solicit the views of the public and
                                                    DC, between 9 a.m. and 5 p.m., Monday                                      responsibilities it has assumed, in lieu                                    Federal agencies. After the close of the
                                                    through Friday, except Federal holidays.                                   of FHWA. This program mandates                                              comment period, FHWA and ODOT
                                                    FOR FURTHER INFORMATION CONTACT: John                                      annual audits during each of the first 4                                    considered comments and proceeded to
                                                    J. Barcas (202) 267–7023, Office of                                        years of State participation to ensure                                      execute the MOU. Effective December
                                                    Rulemaking, Federal Aviation                                               compliance by each State participating                                      28, 2015, ODOT assumed FHWA’s
                                                    Administration, 800 Independence                                           in the Program. This notice makes                                           responsibilities under NEPA, and the
                                                    Avenue SW., Washington, DC 20591.                                          available the final report of Ohio                                          responsibilities for NEPA-related
                                                       This notice is published pursuant to                                    Department of Transportation’s (ODOT)                                       Federal environmental laws described
                                                    14 CFR 11.85.                                                              first audit under the program.                                              in the MOU.
                                                      Issued in Washington, DC, on June 20,                                    FOR FURTHER INFORMATION CONTACT: Mr.                                           Section 327(g) of Title 23, United
                                                    2017.                                                                      Kreig Larson, Office of Project                                             States Code, requires the Secretary to
                                                    Lirio Liu,                                                                 Development and Environmental                                               conduct annual audits during each of
                                                    Director, Office of Rulemaking.
                                                                                                                               Review, (202) 366–2056, Kreig.Larson@                                       the first 4 years of State participation.
                                                                                                                               dot.gov, or Mr. Jomar Maldonado, Office                                     After the fourth year, the Secretary shall
                                                    Petition for Exemption                                                     of the Chief Counsel, (202) 366–1373,                                       monitor the State’s compliance with the
                                                      Docket No.: FAA–2014–45.                                                 Jomar.Maldonado@dot.gov, Federal                                            written agreement. The results of each
                                                      Petitioner: Scott E. Ashton.                                             Highway Administration, Department of                                       audit must be made available for public
                                                      Section(s) of 14 CFR Affected:                                           Transportation, 1200 New Jersey                                             comment. The FHWA published a
                                                    § 135.168(b)(1).                                                           Avenue SE., Washington, DC 20590.                                           notice in the Federal Register on March
                                                      Description of Relief Sought: Scott E.                                   Office hours are from 8:00 a.m. to 4:30                                     16, 2017, soliciting public comment for
                                                    Ashton is requesting on behalf of                                          p.m., EST, Monday through Friday,                                           30-days, pursuant to 23 U.S.C. 327(g).
                                                    Associated Aircraft Group, Inc. (AAG)                                      except Federal holidays.                                                    This notice is available at 82 FR 14096.
                                                    for an exemption from § 135.168(b)(1) of                                   SUPPLEMENTARY INFORMATION:                                                  The FHWA received comments on the
                                                    Title 14, Code of Federal Regulations                                                                                                                  draft report from the American Road &
                                                                                                                               Electronic Access
                                                    (14 CFR). The relief sought would allow                                                                                                                Transportation Builders Association
                                                    the occupants of AAG’s Sikorsky S–76                                         An electronic copy of this notice may                                     (ARTBA). The ARTBA’s comments were
                                                    rotorcraft to not wear approved life                                       be downloaded from the specific docket                                      supportive of the Surface Transportation
                                                    preservers while the rotorcraft is beyond                                  page at www.regulations.gov.                                                Project Delivery Program and did not
                                                    autorotational distance from a shoreline.                                  Background                                                                  relate specifically to Audit #1. The team
                                                    [FR Doc. 2017–14222 Filed 7–6–17; 8:45 am]                                                                                                             has considered these comments in
                                                                                                                                 The Surface Transportation Project                                        finalizing this audit report. This notice
                                                    BILLING CODE 4910–13–P
                                                                                                                               Delivery Program, codified at 23 U.S.C.                                     makes available the final report of
                                                                                                                               327, allows a State to assume FHWA’s                                        ODOT’s first audit under the program.
                                                                                                                               environmental responsibilities for
                                                    DEPARTMENT OF TRANSPORTATION                                                                                                                             Authority: 23 U.S.C 327; 23 CFR 773; 49
                                                                                                                               review, consultation, and compliance
                                                                                                                               for Federal highway projects. When a                                        CFR 1.85.
                                                    Federal Highway Administration
                                                                                                                               State assumes these Federal                                                   Issued on: June 29, 2017.
                                                    [FHWA Docket No. FHWA–2016–0034]                                           responsibilities, the State becomes                                         Walter C. Waidelich, Jr.,
                                                                                                                               solely liable for carrying out the                                          Acting Deputy Administrator, Federal
                                                    Surface Transportation Project
                                                                                                                               responsibilities it has assumed, in lieu                                    Highway Administration.
                                                    Delivery Program; Ohio Department of
                                                                                                                               of the FHWA. The ODOT published its
                                                    Transportation Audit Report                                                                                                                            Surface Transportation Project Delivery
                                                                                                                               application for assumption under the
                                                    AGENCY: Federal Highway                                                    National Environmental Policy Act                                           Program
                                                    Administration (FHWA), DOT.                                                (NEPA) Assignment Program on April                                          FHWA Audit of the Ohio Department of
                                                    ACTION: Notice.                                                            12, 2015, and made it available for                                         Transportation
                                                                                                                               public comment for 30 days. After
                                                    SUMMARY:   The Moving Ahead for                                            considering public comments, ODOT                                           December 28, 2015 through August 5,
                                                    Progress in the 21st Century Act (MAP–                                     submitted its application to FHWA on                                        2016
                                                    21) established the permanent Surface                                      May 27, 2015. The application served as                                     TABLE OF CONTENTS

                                                    Background .....................................................................................................................................................................................................       7
                                                    Scope and Methodology ................................................................................................................................................................................                 8
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                                                        Overall Audit Opinion ............................................................................................................................................................................                 9
                                                    Observations and Successful Practices ........................................................................................................................................................                        11
                                                        Program Management ..............................................................................................................................................................................                 11
                                                            Observation 1: ODOT has established a strategy, direction, and framework for the integration and implementation of
                                                              NEPA Assignment throughout ODOT, including OES, Districts, agencies, LPAs, and consultants .......................................                                                                          11
                                                            Observation 2: ODOT has proactively revised its policies, manuals, guidance, and processes to ensure that they are cur-
                                                              rent and compliant with NEPA Assignment requirements ........................................................................................................                                               12
                                                            Observation 3: EnviroNet, ODOT’s robust and comprehensive NEPA process system, has facilitated implementation of
                                                              NEPA Assignment ........................................................................................................................................................................                    12



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                                                    31674                                         Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

                                                             Observation 4: ODOT does not include EAs, EISs, or their re-evaluations in the EnviroNet system in the same way as Cat-
                                                               egorical Exclusions (CE) ...............................................................................................................................................................                 13
                                                        Documentation and Records Management ............................................................................................................................................                               13
                                                             Observation 5: FHWA identified project-level compliance issues with 12 projects in 7 environmental resource areas, in-
                                                               cluding: Public Involvement, Environmental Justice, Environmental Commitments, Wetlands, Floodplains, and Section
                                                               4(f) .................................................................................................................................................................................................   13
                                                             Observation 6: The team identified several instances where the information included in the online environmental file did
                                                               not follow ODOT standards .........................................................................................................................................................                      14
                                                             Quality Assurance/Quality Control (QA/QC) .................................................................................................................................                                14
                                                             Observation 7: There are variations in awareness, understanding, and implementation of QA/QC process and procedures
                                                               that may result in the potential for inconsistencies in project documentation .......................................................................                                                    15
                                                        Legal Sufficiency Review ........................................................................................................................................................................               16
                                                             Observation 8: ODOT has developed guidance for legal sufficiency. To date, guidance on legal sufficiency is untested ......                                                                                16
                                                             Successful Practice 1: ODOT has successfully integrated a dedicated legal counsel as part of the environmental team .......                                                                                17
                                                             Performance Measures .....................................................................................................................................................................                 17
                                                             Observation 9: Development of a program for collecting and maintaining Performance Measures as defined in Part 10.2
                                                               of the MOU is ongoing .................................................................................................................................................................                  17
                                                        Training Program .....................................................................................................................................................................................          18
                                                             Observation 10: ODOT has a robust environmental training program ........................................................................................                                                  18
                                                             Successful Practice 2: ODOT uses pre-qualified consultants for environmental work. Part of the qualifying criteria is com-
                                                               pletion of the same training as is required of ODOT environmental staff ...............................................................................                                                  18
                                                             Successful Practice 3: ODOT includes required and on-going training of all environmental staff and consultants ...............                                                                             18
                                                             Observation 11: Opportunities exist for expanding training in EJ ...............................................................................................                                           19
                                                    Preparation and Comment on the Draft Report ..........................................................................................................................................                              19
                                                    Finalization of Report ....................................................................................................................................................................................         19


                                                    Executive Summary                                                          implementing procedures and processes                                       assumption responsibilities. We
                                                       As part of responsibilities specified in                                for Federal decisionmaking                                                  encourage ODOT to consider the
                                                    23 U.S.C. 327, as amended by the Fixing                                    responsibility under the NEPA                                               observations in this report to continue
                                                    America’s Surface Transportation                                           Assignment Program. Overall, the team                                       to build upon the early successes of its
                                                    (FAST) Act (P.L. 114–94), this is the                                      found evidence that ODOT made                                               program.
                                                    first audit of the Ohio Department of                                      reasonable progress in implementing the
                                                                                                                                                                                                           Background
                                                    Transportation (ODOT)’s assumption of                                      NEPA Assignment Program and is
                                                    National Environmental Policy Act                                          committed to establishing a successful                                        The Surface Transportation Project
                                                    (NEPA) responsibilities, conducted by a                                    program. This report provides the                                           Delivery Program (NEPA Assignment
                                                    team of Federal Highway                                                    team’s assessment of ODOT’s                                                 Program) allows a State to assume
                                                    Administration (FHWA) staff (the team).                                    implementation of the NEPA                                                  FHWA’s environmental responsibilities
                                                    On December 28, 2015, ODOT assumed                                         Assignment Program, embodied in 11                                          for review, consultation, and
                                                    Federal Highway Administration’s                                           observations and 3 successful practices.                                    compliance with environmental laws for
                                                    (FHWA) NEPA responsibilities and                                              It is important to differentiate                                         Federal-aid highway projects. When a
                                                    liabilities for the Federal-aid highway                                    between program-level compliance and                                        State assumes these Federal
                                                    program in Ohio, as specified in a                                         project-level compliance under the                                          responsibilities, the State becomes
                                                    Memorandum of Understanding (MOU)                                          NEPA Assignment Program. Project-                                           solely responsible and liable for
                                                    signed on December 11, 2015. This                                          level compliance refers to whether                                          carrying out the responsibilities it has
                                                    audit examined ODOT’s performance                                          ODOT followed Federal environmental                                         assumed, in lieu of FHWA. The NEPA
                                                    under the MOU regarding                                                    laws and regulations for a specific                                         assignment first began as a pilot
                                                    responsibilities and obligations assigned                                  environmental action on a project.                                          program established by Section 6005 of
                                                    therein.                                                                   Project-level compliance trends may                                         the Safe, Accountable, Flexible,
                                                       The FHWA review team, formed in                                         indicate program-level compliance.                                          Efficient Transportation Equity Act: A
                                                    February 2016, met regularly to prepare                                    Program-level compliance refers to                                          Legacy for Users (SAFETEA–LU).
                                                    and conduct elements of the review.                                        whether ODOT followed requirements                                          Section 1313 of the Moving Ahead for
                                                    Prior to the on-site visit, the team                                       (1) described in programs, processes,                                       Progress in the 21st Century Act (MAP–
                                                    performed reviews of ODOT’s project                                        and procedures including Federal                                            21), as codified in 23 U.S.C. 327 and
                                                    NEPA documentation in EnviroNet                                            environmental laws and regulations for                                      amended by the FAST Act, made this
                                                    (ODOT’s official environmental                                             NEPA; (2) embodied in 23 U.S.C. 327 (as                                     program permanent.
                                                    document filing system), the ODOT pre-                                     amended by the FAST Act); and (3)                                             Pursuant to Ohio Revised Code
                                                    audit information request (PAIR)                                           stipulated in the MOU between FHWA                                          Section 5531.30, signed into law by
                                                    response, and ODOT’s self-assessment                                       and ODOT for the Assignment Program.                                        Governor Kasich on April 1, 2015, the
                                                    report. In addition, the team reviewed                                     The team did not make any program-                                          State of Ohio expressly consented to
                                                    ODOT guidance documents, including                                         level non-compliance observations                                           exclusive Federal court jurisdiction
                                                    the NEPA Quality Control/Quality                                           during this first review; however, the                                      with respect to the compliance,
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                                                    Assurance Guidance, and the ODOT                                           team did note project-level non-                                            discharge, and enforcement of any
                                                    NEPA Assignment Training Plan. The                                         compliance observations, which this                                         responsibility with respect to duties
                                                    team developed interview questions for                                     report discusses in further detail.                                         under NEPA and other Federal
                                                    ODOT Central Office, ODOT Districts,                                          The team finds ODOT to be in                                             environmental laws assumed by ODOT.
                                                    and outside agencies for the on-site                                       substantial compliance with the                                             Ohio has therefore waived its sovereign
                                                    portion of this review, which took place                                   provisions of the MOU. The ODOT has                                         immunity under 11th Amendment of
                                                    from August 1–5, 2016.                                                     carried out the responsibilities that it                                    the U.S. Constitution and consents to
                                                       The ODOT is still in a transition                                       has assumed, keeping with the intent of                                     Federal Court jurisdiction for actions
                                                    phase and is developing and                                                the MOU and its application for NEPA                                        brought by its citizens for projects it has


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                                                                                      Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices                                          31675

                                                    approved under the NEPA Assignment                       part of the scope of future audits and                reviewed ODOT’s responses to gain an
                                                    Program.                                                 will include a summary discussion                     understanding of how ODOT is
                                                       The ODOT published its application                    describing the progress made since the                currently meeting the requirements of
                                                    for assumption under the NEPA                            prior audit in all subsequent audit                   the MOU. The team also compared the
                                                    Assignment Program on April 12, 2015,                    reports.                                              procedures described in the response to
                                                    and made it available for public                            To ensure a level of diversity and                 ODOT’s written procedures. Finally, the
                                                    comment for 30 days. After considering                   guard against unintended bias, the team               team developed specific questions for
                                                    public comments, ODOT submitted its                      is comprised of NEPA subject matter                   the interviews to gather more
                                                    application to FHWA on May 27, 2015.                     experts from the FHWA Ohio Division                   information or to seek clarification
                                                    The application served as the basis for                  Office, as well as FHWA offices in                    based on ODOT’s PAIR response.
                                                    developing the MOU that identifies the                   Washington, DC; Atlanta, GA; Austin,
                                                                                                             TX; Tallahassee, FL; and Baltimore, MD.                  The team conducted approximately
                                                    responsibilities and obligations that
                                                                                                             In addition to the NEPA experts, two                  40 on-site interviews with staff at three
                                                    ODOT would assume. The FHWA
                                                                                                             individuals from FHWA’s Program                       ODOT Districts (District 4 [Akron],
                                                    published a notice of the draft MOU in
                                                                                                             Management Improvement Team in                        District 5 [Jacksontown], and District 9
                                                    the Federal Register on October 15,
                                                                                                             Lakewood, CO, provided technical                      [Chillicothe]); ODOT’s Division of
                                                    2015, at 80 FR 62153, with a 30-day
                                                                                                             assistance in conducting reviews. All of              Planning, Office of Environmental
                                                    comment period to solicit the views of
                                                                                                             these experts received training specific              Services (OES); the Ohio Rail
                                                    the public and Federal agencies. After
                                                                                                             to evaluation of implementation of the                Development Commission; and the
                                                    the comment period closed, FHWA and
                                                    ODOT considered comments and                             NEPA Assignment Program. The diverse                  Columbus, Ohio field offices of both the
                                                    executed the MOU.                                        composition of the team and the process               U.S. Fish and Wildlife Service and the
                                                       Effective December 28, 2015, ODOT                     of developing the audit report for                    U.S. Army Corps of Engineers. In each
                                                    assumed FHWA’s project approval                          publication in the Federal Register                   office, interviewees included staff,
                                                    responsibilities under NEPA and NEPA-                    ensure that the team conducted the                    middle management, and executive
                                                    related Federal environmental laws.                      audit in an unbiased and official                     management. The selected interviewees
                                                       Federal responsibilities not assigned                 manner.                                               represented a diverse range of expertise
                                                    to ODOT that remain with FHWA                                                                                  and experience. The interviews at the
                                                                                                             Scope and Methodology                                 ODOT Districts also included a
                                                    include:
                                                       (1) any highway projects authorized                      The team conducted a careful                       discussion with the District
                                                    under 23 U.S.C. 202 (Tribal                              examination of the ODOT NEPA                          Environmental Coordinators and
                                                    Transportation Program);                                 Assignment Program through review of                  environmental staff on project specific
                                                       (2) any highway projects authorized                   three primary sources of information:                 issues identified in the team’s project
                                                    under 23 U.S.C. 203 and 204 (Federal                     project files, ODOT’s responses to the                file review. In addition, the team met
                                                    Lands Transportation Program), unless                    pre-audit information request, and                    with ODOT OES to discuss the audit’s
                                                    such projects will be designed and                       interviews with ODOT Central Office                   identified project file issues following
                                                    constructed by ODOT;                                     and District environmental staff, as well             the on-site review week.
                                                       (3) any project that crosses State                    as resource agency staff. All reviews
                                                                                                                                                                      The team verified information on the
                                                    boundaries, and any project that crosses                 focused on objectives related to the six
                                                                                                                                                                   ODOT NEPA Assignment Program
                                                    or is adjacent to international                          NEPA Assignment Program elements
                                                                                                                                                                   through review of ODOT policies,
                                                    boundaries (A project is considered                      contained in the MOU: program
                                                                                                                                                                   guidance, manuals, and reports. This
                                                    ‘‘adjacent to international boundaries’’ if              management; documentation and
                                                                                                                                                                   included the NEPA Quality Control/
                                                    it requires the issuance of a new or the                 records management; quality assurance/
                                                                                                                                                                   Quality Assurance Guidance, ODOT
                                                    modification of an existing Presidential                 quality control; legal sufficiency;
                                                                                                                                                                   NEPA Assignment Training Plan, and
                                                    Permit by the U.S. Department of State.);                performance measurement; and training.
                                                                                                                The purpose of the project file review             ODOT NEPA Assignment Self-
                                                       (4) project-level conformity                                                                                Assessment report. The team identified
                                                    determinations under the Federal Clean                   was to evaluate the NEPA process and
                                                                                                             procedures utilized by ODOT, but not                  gaps between the information in the
                                                    Air Act; and                                                                                                   documents, project file review, and
                                                       (5) conducting government-to-                         project-specific NEPA decisions.
                                                                                                             Fourteen members of the team reviewed                 interviews. The team documented the
                                                    government consultation with federally
                                                                                                             a statistically valid sample of project               results of its reviews and interviews and
                                                    recognized Indian tribes.
                                                       The FHWA will conduct a series of                     files in ODOT’s online environmental                  consolidated the results into related
                                                    four annual compliance audits of the                     file system, EnviroNet. The universe of               topics or themes. From these topics or
                                                    ODOT NEPA Assignment Program to                          projects included any highway project                 themes, the team developed the review
                                                    satisfy provisions of 23 U.S.C. 327(g)                   with an environmental approval date                   observations and successful practices.
                                                    and Part 11 of the MOU. Audits, as                       between December 28, 2015, and May                    The FHWA defines an observation as a
                                                    stated in MOU Sections 11.1.1 and                        31, 2016. Using a 90 percent confidence               statement that explains the condition,
                                                    11.1.5, are the primary mechanism to                     level and 10 percent margin of error, the             criteria, cause, and effect. The team
                                                    oversee ODOT’s compliance with the                       team reviewed 82 out of 535 total                     considers observations as sufficiently
                                                    MOU, ensure compliance with                              projects. The projects reviewed                       important to urge ODOT to consider
                                                    applicable Federal laws and policies,                    represented all NEPA classes of action                improvements or enhancement to the
                                                                                                                                                                   area of project management in its NEPA
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                                                    evaluate ODOT’s progress toward                          available, all 12 ODOT Districts, and the
                                                    achieving the performance measures                       Ohio Rail Development Commission.                     Assignment Program.
                                                    identified in MOU Section 10.2, and                         The team composed the 40-question                     The FHWA defines successful
                                                    collect information needed for the                       PAIR based on requirements in the                     practices as processes, procedures,
                                                    Secretary’s annual report to Congress.                   MOU that were incorporated into the                   practices, and technologies that the
                                                       This audit report will be available to                objectives for the audit. The ODOT                    team wants to recognize, and that may
                                                    ODOT and the public for review and                       provided responses to the questions and               benefit others. Successful practices
                                                    comment. The FHWA will consider the                      the requests for documentation, such as               should be replicable and scalable for
                                                    status of observations from an audit as                  its organizational structure. The team                other agencies.


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                                                    31676                             Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

                                                    Overall Audit Opinion                                    controls, allowing ODOT to apply a                    policy and procedure review, and
                                                       The ODOT has carried out the                          measure of quality control and to enable              through various training opportunities.
                                                    responsibilities it has assumed pursuant                 the preparer to monitor project status,               Interview responses also reflected that
                                                    to both the MOU and the Application.                     track when key decisions are required,                prior to NEPA Assignment, OES
                                                    As such, the team finds ODOT to be in                    and to record when they are completed.                provided in-house training for ODOT
                                                    substantial compliance with the                             The team has noted 11 observations.                consultants and staff at all levels.
                                                                                                             The team urges ODOT to consider                          Additional training opportunities
                                                    provisions of the MOU. Overall, the
                                                                                                             improvements through one or more of                   noted in the PAIR and interviews
                                                    team found evidence that ODOT made
                                                                                                             the following: revising policies,                     include the newly established, bi-
                                                    reasonable progress in implementing the
                                                                                                             procedures, and guidance, as needed;                  weekly NEPA Chats and quarterly
                                                    NEPA Assignment Program and is
                                                                                                             educating staff on the content and                    District Environmental Coordinator
                                                    committed to establishing a successful
                                                                                                             parameters of the policies, procedures,               (DEC) meetings. Interviewees indicated
                                                    program. The team identified eleven                                                                            that they appreciate these opportunities
                                                    (11) observations, including both                        and guidance through targeted training;
                                                                                                             continued self-assessment; and                        and view them as an effective forum for
                                                    successful practices and opportunities                                                                         learning and practice. These activities
                                                    for ODOT to improve its                                  continued information dissemination
                                                                                                             both inside and outside of ODOT and                   provide avenues for OES to dispense
                                                    implementation of the NEPA                                                                                     information, examples, and tips; answer
                                                    Assignment Program.                                      with the public. We encourage ODOT to
                                                                                                             consider the observations in this report              questions; and explain new concepts to
                                                       Project-level compliance refers to                                                                          enhance staff understanding of new
                                                    whether ODOT properly documented                         to continue to build upon the early
                                                                                                             successes of its program.                             processes and procedures. Attendance
                                                    and followed Federal environmental                                                                             at the NEPA Chats is mandatory, and
                                                    laws and regulations for a specific                      Observations and Successful Practices                 when staff cannot attend a session,
                                                    environmental action on a project.                                                                             ODOT provides a summary of the
                                                    Project-level compliance trends may                      Program Management
                                                                                                                                                                   information covered shortly after the
                                                    indicate program-level compliance. The                      Observation 1: ODOT has established                NEPA Chat is completed.
                                                    project-level compliance issues noted by                 a strategy, direction, and framework for                 The ODOT added three positions to
                                                    the review team did not indicate a trend                 the integration and implementation of                 address specific NEPA Assignment
                                                    of program non-compliance in this                        NEPA Assignment throughout ODOT,                      responsibilities: the NEPA Assignment
                                                    review.                                                  including OES, Districts, agencies,                   Coordinator, environmentally focused
                                                       Program-level compliance refers to                    LPAs, and consultants.                                legal counsel, and another staff person
                                                    whether ODOT followed requirements                          The ODOT has communicated—                         who dedicates half her time to NEPA
                                                    described in programs, processes and                     through procedure development and/or                  Assignment. The OES and District staff
                                                    procedures including Federal                             refinement, its day-to-day                            stated that there are sufficient personnel
                                                    environmental laws and regulations for                   correspondence, and rollout                           to deliver a successful NEPA
                                                    NEPA; requirements imposed by 23                         presentations within and outside of                   Assignment program. District staff also
                                                    U.S.C. 327; and compliance with the                      ODOT—that it has a strategy for                       indicated that OES subject matter staff
                                                    MOU between FHWA and ODOT for the                        incorporating NEPA Assignment into                    and management are available to assist
                                                    NEPA Assignment Program. The team                        the overall project development process.              the Districts when needed.
                                                    did not make any program-level, non-                     The team found in ODOT’s responses to                    Observation 2: ODOT has proactively
                                                    compliance observations during this                      the PAIR and through interviews that                  revised its policies, manuals, guidance,
                                                    first review; however, the team noted                    ODOT has utilized various means to                    and processes to ensure that they are
                                                    project-level non-compliance                             disseminate this information to ODOT                  current and compliant with NEPA
                                                    observations, which this report                          Central Office, Districts, coordinating               Assignment requirements.
                                                    discusses in further detail below.                       agencies, Local Public Agencies (LPA),                   In demonstrating preparedness for
                                                       The team recognizes that ODOT is                      consultants, and the public. The                      NEPA Assignment, ODOT has been pro-
                                                    still implementing the NEPA                              Administrator of OES has stated that                  active in revising its policies, manuals,
                                                    Assignment Program and is in the early                   NEPA Assignment should be invisible                   guidance, and processes to ensure the
                                                    stages of fully adapting and                             on a day-to-day basis, as the NEPA                    documents are current, per NEPA
                                                    incorporating the requisite programs,                    process itself has not changed. The                   Assignment requirements. An interview
                                                    policies, and procedures into its overall                ODOT is simply completing the process                 with OES executive management
                                                    project development program. The                         under the MOU, which reflects ODOT’s                  confirmed that these revisions account
                                                    ODOT’s efforts are appropriately                         authority to make NEPA decisions, as                  for approximately 80 documents to date,
                                                    focused on establishing and refining                     agreed to by FHWA and ODOT.                           plus updates to ODOT’s training
                                                    policies, procedures, and guidance;                         Staff at all levels affirmed that OES              curriculum.
                                                    training staff, including those within                   management continuously stresses the                     To prepare for NEPA Assignment,
                                                    and outside of ODOT; clarifying role                     responsibility and liability inherent in              ODOT has reached out to each of the
                                                    and responsibility changes due to NEPA                   NEPA Assignment. Management                           external resource agencies to assure
                                                    Assignment; and monitoring                               stressed that all levels of staff should be           them that long-established relationships
                                                    compliance with its assigned                             fully aware of their responsibilities in              will not change as a result of NEPA
                                                    responsibilities.                                        all day-to-day activities. In addition,               Assignment. The ODOT’s PAIR
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                                                       The ODOT’s EnviroNet system                           ODOT is also enhancing its working                    response and self-assessment, as well as
                                                    provides a framework for ODOT’s NEPA                     relationship with LPAs to ensure                      in resource agency interviews, evince
                                                    Assignment Program by serving as a                       consistency in the preparation and                    this effort. In addition, ODOT developed
                                                    records retention repository and as a                    review of NEPA documents, whether                     escalation procedures with some
                                                    project management tool for                              prepared by ODOT or the LPA. In                       resource agencies. Resource agencies
                                                    decisionmaking in the NEPA process. It                   general, ODOT takes pride in its                      have praised both the technical
                                                    also provides documentation of agency                    assumed responsibilities and has                      competency of ODOT staff and the
                                                    coordination and public involvement in                   worked to ensure that its staff is                    effective documentation on ODOT
                                                    that decision. The system has built-in                   comfortable in this new role through                  sponsored projects. During the resource


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                                                                                      Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices                                                            31677

                                                    agency interviews, interviewees shared                      These practices may represent a risk               Wetlands, Floodplains, and Section 4(f).
                                                    some opportunities for improvement;                      to ODOT, since they could eliminate                   The ODOT’s self-assessment identified
                                                    these included better response time                      documentation and evidence that                       these same issues, with the exception of
                                                    from ODOT on non-compliance notices                      support the ‘‘hard look’’ at projects                 Section 4(f). The review noted several
                                                    and project-specific information                         required by NEPA. More specifically,                  instances that indicated the
                                                    requests.                                                the deleted comments and the use of                   improvements ODOT should make in
                                                       Observation 3: EnviroNet, ODOT’s                      alternate files could leave gaps in the               these areas. The project-level
                                                    robust and comprehensive NEPA                            decisionmaking process that may be                    compliance issues noted did not rise to
                                                    process system, has facilitated                          subject to litigation. The deletion of                the level of a finding of program-level
                                                    implementation of NEPA Assignment.                       internal document review comments                     non-compliance. None of the reviewed
                                                       EnviroNet (ODOT’s official online                     and use of alternate files could also                 projects were in danger of losing Federal
                                                    environmental file system) provides a                    hinder the transparency of the process                funding. For example, 24 percent of the
                                                    framework for ODOT’s NEPA                                and potentially call into question                    sampled projects demonstrated a need
                                                    Assignment Program, serving as a                         reasonable assurances of compliance                   for improved public involvement, and 6
                                                    records retention repository and a                       with NEPA and other recordkeeping                     percent of sampled projects had
                                                    project management tool for the NEPA                     requirements. In addition, ODOT’s                     insufficient EJ analyses to satisfy all
                                                    process. It also provides documentation                  process of internal comment deletion                  Federal requirements.
                                                    of agency coordination and public                        does not allow for documenting trends
                                                    involvement for a particular decision.                   in matters of compliance and non-                        Areas Noted in Need of Improvement by
                                                                                                             compliance.                                                             Agency
                                                    The system has built-in controls,
                                                                                                                Observation 4: ODOT does not
                                                    allowing ODOT to apply a measure of                                                                            Areas in Need of Improve-
                                                                                                             include EAs, EISs, or their re-                                 ment                              FHWA   ODOT
                                                    quality control and to enable the                        evaluations in the EnviroNet system in
                                                    preparer to monitor project status, track                the same way as Categorical Exclusions                PI ......................................    ✓         ✓
                                                    when key decisions are required, and                     (CE).                                                 EJ ......................................    ✓         ✓
                                                    record when they are completed.                             During interviews, ODOT personnel                  Floodplains .......................          ✓         ✓
                                                       EnviroNet provides a robust and                       acknowledged EnviroNet contains date                  Environmental Commit-
                                                    comprehensive system to capture the                      fields to track EAs, EISs, and their re-                ments ............................         ✓         ✓
                                                    NEPA process. The system has been a                      evaluations, but the system does not                  Wetlands Findings per
                                                    useful tool in facilitating the                          have fields to enter all information for                E.O. 11990 ....................            ✓          ✓
                                                    implementation of NEPA Assignment.                                                                             Section 4(f) .......................         ✓     ............
                                                                                                             these classes of NEPA actions.
                                                    Two key features are its ease of use and                                                                       Project File Management *                    ✓          ✓
                                                                                                             Interviewees stated that staff typically
                                                    the fact that it acts as a process guide                 upload a PDF of the EA, EIS, or                          * ODOT’s Self-Assessment identified Project
                                                    to enhance the completion of NEPA                        associated re-evaluation to the Project               File Management (Documentation) is another
                                                    documentation, assuring that the                                                                               area in need of improvement, in terms of doc-
                                                                                                             File Tab in EnviroNet, in addition to                 umentation input errors within the EnviroNet
                                                    requisite documents are included in the                  entering data into the date fields.                   project file.
                                                    electronic project file. The team                           The team reviewed two EIS re-
                                                    supports ODOT’s plans to upgrade the                     evaluations that had incomplete                          The team met with ODOT, and ODOT
                                                    EnviroNet System and resource agency                     documentation in EnviroNet, per                       agreed with the identified project
                                                    access.                                                  ODOT’s NEPA File Management and                       compliance issues. The ODOT
                                                       EnviroNet serves as ODOT’s official                   Documentation Guidance. Upon further                  continues to improve its processes and
                                                    online environmental file system, and                    inquiry, the team determined that                     procedures to ensure complete
                                                    ODOT procedures require that staff save                  ODOT had stored the complete                          documentation and project-level
                                                    all project-related documents therein.                   documentation outside of EnviroNet                    compliance. The ODOT has indicated
                                                    The ODOT NEPA File Management and                        because the original EIS documentation                that it will take actions to correct the
                                                    Documentation Guidance,1 dated March                     predated EnviroNet. Due to                            individual project compliance issues,
                                                    23, 2016, states, ‘‘ODOT must retain                     inconsistencies between ODOT’s                        such as adding missing documentation
                                                    project files and general administrative                 guidance and actual practices, the team               to the Project File tab in EnviroNet. The
                                                    files related to NEPA responsibilities.                  encourages ODOT to update its NEPA                    team encourages ODOT to look for any
                                                    Every related decision-making                            File Management and Documentation                     needed improvements to EnviroNet,
                                                    document must be included the                            Guidance to clarify how EAs, EISs, and                policies, procedures, and manuals to
                                                    EnviroNet Project File.’’ However, the                   their re-evaluations should be                        ensure complete documentation and
                                                    team learned through its interviews                      documented and filed to ensure that                   compliance on future projects.
                                                    with ODOT staff that ODOT deletes                        staff includes all necessary information                 Observation 6: The team identified
                                                    internal comments related to draft                       in the official environmental project file.           several instances where the information
                                                    documents from the project file once the                                                                       included in the online environmental
                                                                                                             Documentation and Records                             file did not follow ODOT standards.
                                                    document is final. In addition,
                                                                                                             Management                                               The FHWA identified instances where
                                                    interviewees indicated that alternate
                                                    and duplicate files are stored outside of                  Observation 5: FHWA identified                      ODOT was inconsistent with its
                                                    the EnviroNet system. The team also                      project-level compliance issues with 12               documentation procedures, per the
                                                                                                                                                                   ODOT NEPA File Management and
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                                                    discovered instances where the                           projects in 7 environmental resource
                                                    Environmental Assessment (EA) and the                    areas, including: Public Involvement,                 Documentation Guidance, and various
                                                    Environmental Impact Statement (EIS)                     Environmental Justice, Environmental                  other ODOT NEPA resource-area
                                                    documentation were located outside of                    Commitments, Wetlands, Floodplains,                   guidance documents. The ODOT’s Self-
                                                    EnviroNet.                                               and Section 4(f).                                     Assessment also identified project file
                                                                                                               The team discovered project                         management as another area in need of
                                                      1 Available at: https://www.dot.state.oh.us/NEPA-      compliance issues in the areas of Public              improvement (see table above), in terms
                                                    Assignment/Documents/ODOT_NEPA_File_                     Involvement (PI), Environmental Justice               of documentation input errors within
                                                    Management.pdf.                                          (EJ), Environmental Commitments,                      the EnviroNet environmental files.


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                                                    31678                             Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

                                                    Overall, ODOT has sound                                  via email or other methodologies. In                  the interviews, FHWA has a better
                                                    documentation tools, procedures and                      addition, some staff discussed capturing              understanding that many employees use
                                                    guidance. However, opportunities exist                   the comments generated during the QC                  the ODOT manuals and guidance as
                                                    for ODOT to refine the EnviroNet                         process in EnviroNet through different                reference. However, staff still seems to
                                                    system, accompanying procedures and                      means and saving them outside of the                  be unclear about their role in the QC
                                                    guidance, and improve documentation                      EnviroNet system.                                     process, and there is variation in
                                                    standards. The team encourages ODOT                         The FHWA reviewed ODOT’s                           implementation of the process. This
                                                    to refine its controls and training to                   response to the PAIR, the ODOT NEPA                   could create inconsistencies in the
                                                    ensure proper documentation. This may                    Quality Control/Quality Assurance                     implementation of the QA/QC process
                                                    include upgrades to EnviroNet and                        Guidance, and the ODOT NEPA                           around the State, particularly regarding
                                                    policies, procedure, and manuals.                        Assignment Self-Assessment report to                  project documentation. The FHWA
                                                                                                             obtain clarification about some of the                previously encouraged ODOT to expand
                                                    Quality Assurance/Quality Control (QA/                   variation in the District and OES                     its QC/QA guidance document to
                                                    QC)                                                      responses. The PAIR response contains                 include information that is more
                                                      Observation 7: There are variations in                 the most detailed information regarding               detailed. The ODOT indicated in its
                                                    awareness, understanding, and                            the manuals and guidance documents,                   PAIR response that the final updated
                                                    implementation of QA/QC process and                      ODOT staff’s role in the QC process, and              version of the QC/QA Guidance
                                                    procedures that may result in the                        how the staff should capture comments                 document would be available in the
                                                    potential for inconsistencies in project                 generated in the QC process. The QC/                  coming months.
                                                    documentation.                                           QA Guidance contains general
                                                      Interviews with ODOT District and                      information about staff roles in some of              Legal Sufficiency Review
                                                    OES staff revealed differences in the                    the QC process, but does not discuss the                 Observation 8: ODOT has developed
                                                    level of knowledge and understanding                     use of manuals or comment                             guidance for legal sufficiency. To date,
                                                    of the QC process. Some interviewees                     documentation. Lastly, the self-                      guidance on legal sufficiency is
                                                    knew that they played a role and could                   assessment report contains some                       untested.
                                                    describe exactly how they complete the                   information about use of manuals, but                    In December 2015, ODOT developed
                                                    process. Other interviewees were less                    does not discuss staff roles or comment               legal sufficiency guidance entitled
                                                    familiar with their role in the QC                       documentation.                                        ‘‘ODOT NEPA Assignment Legal
                                                    process or indicated that they had little                   Review of the ODOT NEPA Quality                    Sufficiency Review Guidance.’’ The
                                                    to no role. In addition, some                            Control/Quality Assurance Guidance                    guidance sets forth the review
                                                    interviewees who hold the same title,                    and ODOT’s response to the PAIR                       procedure and criteria. In addition, the
                                                    but work in different offices (both                      revealed that ODOT’s QA is primarily                  guidance provides information to
                                                    Districts and OES), reported different                   comprised of its self-assessment                      environmental staff on what criteria an
                                                    roles or engagement in the QC process.                   process. Interviews with ODOT Districts               attorney will focus on during the legal
                                                    At the same time, nearly all                             and OES staff revealed differences in                 sufficiency review. Per that guidance,
                                                    interviewees reported that they review                   awareness and understanding of the                    ODOT is required to conduct legal
                                                    projects or other NEPA documents and                     self-assessment process. Many of the                  sufficiency reviews of combined Final
                                                    provide or respond to comments,                          interviewees indicated they did not                   Environmental Impact statements/
                                                    indicating a misunderstanding of the                     know about ODOT’s first self-                         Record of Decision documents,
                                                    term QC.                                                 assessment.                                           individual Section 4(f) evaluations, and
                                                      In addition, interviews with ODOT                         The ODOT Self-Assessment report                    Federal Register notices on the Statute
                                                    District and OES staff revealed many of                  included statements about areas of                    of Limitations of claims pursuant to 23
                                                    ODOT’s resource area manuals and                         improvement. However, FHWA was                        U.S.C. 139.
                                                    guidance documents contain                               uncertain how ODOT planned to                            To date, ODOT has not applied this
                                                    information that can assist in the QC                    implement changes. Through review of                  guidance because it did not have any
                                                    review process. Interviewees reported                    ODOT’s response to the PAIR and                       documents that required legal
                                                    that the contents of the manuals or                      interviews, FHWA determined that OES                  sufficiency review. However, if program
                                                    guidance help them determine if the                      provided the Districts with Interoffice               staff were to receive such documents,
                                                    document under review is in                              Communication memos that contained                    they would forward a request for review
                                                    compliance, that all necessary analysis                  self-assessment results and suggestions               to a dedicated attorney assigned to OES
                                                    was complete, and that all                               for improvement for the specific                      by the Chief Legal Counsel. The attorney
                                                    documentation is included. The FHWA                      District. In addition, OES emailed the                has 15 business days to complete the
                                                    did hear variation in the frequency and                  self-assessment report to the District                legal sufficiency review. Upon receipt of
                                                    extent to which interviewees utilized                    Environmental Coordinator’s email list                the request, the attorney will notify the
                                                    the manuals and guidance as a tool in                    (includes staff and DECs) and shared the              program staff, giving the staff an
                                                    their QC reviews. For example, many                      results with ODOT’s executive                         estimated date of completion, and
                                                    interviewees stated that they use the                    management.                                           provide any comments and a Legal
                                                    manuals and guidance on a frequent                          The OES stated in interviews that it               Sufficiency finding to the OES
                                                    basis, but others stated that they do not                is going to develop strategies to address             Administrator, Deputy Director of
                                                    need to reference the documents during                   programmatic issues from the self-                    Planning, and the Chief Legal Counsel.
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                                                    their review.                                            assessment after it gets the results of this             Successful Practice 1: ODOT has
                                                      Interviews also revealed variation in                  report. In addition, OES indicated that               successfully integrated a dedicated legal
                                                    the implementation of the QC process,                    they will follow-up with Districts to                 counsel as part of the environmental
                                                    particularly related to comments                         determine if the Districts have                       team.
                                                    generated through the QC process. Many                   implemented project specific                             Per the team’s suggestion, ODOT has
                                                    interviewees indicated that they were                    corrections.                                          assigned one attorney from the Office of
                                                    able to generate comments and address                       The QC/QA guidance does not                        Chief Legal Counsel to provide legal
                                                    them through EnviroNet; however, some                    contain detailed information on some                  services on environmental issues to
                                                    indicated that they provided comments                    elements of the QA/QC process. After                  ODOT. This dedicated attorney serves


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                                                                                      Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices                                          31679

                                                    as a resource on all environmental                       some OES staff had considered potential               individuals when they need training.
                                                    matters and provides legal assistance to                 means to collect and measure baseline                 This includes information on when the
                                                    OES. The dedicated staff attorney has 8                  data. For example, ODOT staff                         training needs to be completed and
                                                    months experience in his position and                    considered measuring the times for                    when it is available. The system also
                                                    has taken all required environmental                     completing the NEPA/environmental                     tracks training histories for local
                                                    training courses. However, he does rely                  process for pre- and post-assignment                  agencies and consultants.
                                                    on outside resources for complex                         projects to compare differences of                       Successful Practice 3: ODOT includes
                                                    environmental matters. At this time,                     timeliness and efficiencies. The ODOT                 required and on-going training of all
                                                    ODOT does not have a specific,                           is currently establishing the baseline.               environmental staff and consultants.
                                                    identified attorney to take on the work                  The team will assess meaningful                          The ODOT’s training plan relies
                                                    if this dedicated attorney leaves the                    measures in Audit #2.                                 solely on ODOT-developed courses,
                                                    agency. The ODOT should consider                                                                               with no outside training offered in the
                                                                                                             Training Program                                      plan. Discussions with ODOT
                                                    training a backup attorney to assist
                                                    when the dedicated legal counsel is not                     Observation 10: ODOT has a robust                  management noted that they were not
                                                    available.                                               environmental training program.                       opposed to such training, as long as it
                                                       Since ODOT has not completed any                         The ODOT documented its training                   was relevant to Ohio’s needs and
                                                    documents that require a legal                           plan in December 2015, as required by                 program implementation. In support of
                                                    sufficiency review, the team’s audit on                  Section 12.2 of the MOU. The training                 this statement, ODOT management
                                                    this topic is necessarily limited. At this               plan includes both traditional,                       pointed to an upcoming National
                                                    time, our report on legal sufficiency                    instructor-based training courses and                 Highway Institute (NHI) training for
                                                    reviews is a description of ODOT’s                       quarterly District Environmental                      ODOT staff on public speaking.
                                                    status as described in its response to the               Coordinator meetings, where ODOT’s                    Additionally, ODOT has sent staff to
                                                    PAIR and during the interviews with                      OES can share new information and                     other Federal agency training, such as
                                                    ODOT staff. The team will examine                        guidance with district staff and staff can            the conservation training offered by the
                                                    ODOT’s legal sufficiency reviews by                      participate in discussions on the                     U.S. Fish and Wildlife Service.
                                                    project file inspection and through                      environmental program. The training                      Currently ODOT’s training plan for
                                                    interviews in future audits.                             plan states that ‘‘consultants must                   required environmental courses consists
                                                                                                             successfully complete training classes to             of only instructor-led training and in-
                                                    Performance Measures                                     be pre-qualified in specific                          person meetings. Such courses allow for
                                                      Observation 9: Development of a                        environmental areas and have specific                 interaction among staff, consultants, and
                                                    program for collecting and maintaining                   experience required in each area.’’                   local agencies. However, ODOT
                                                    Performance Measures as defined in                       During interviews with ODOT                           management noted that relying solely
                                                    Part 10.2 of the MOU is ongoing.                         management, the team learned that pre-                on instructor-based training is costly
                                                      The FHWA established the                               qualification requirements also include               and time consuming. The ODOT told
                                                    Performance Measures included in                         the experience of the consultant in                   the team that it is currently assessing
                                                    MOU Section 10.2 to provide an overall                   providing specific services, as well as               each of its training courses to determine
                                                    indication of ODOT’s execution of its                    the required ODOT training.                           if any would be more suitable as web-
                                                    responsibilities assigned by the MOU.                       Successful Practice 2: ODOT uses pre-              based or electronic learning courses.
                                                    During the interviews, the team learned                  qualified consultants for environmental               The FHWA encourages ODOT to
                                                    that staff at both the Districts and OES                 work. Part of the qualifying criteria is              continue this evaluation and
                                                    was not informed about the performance                   completion of the same training as is                 incorporate web based courses as
                                                    measures contained in the MOU, nor of                    required of ODOT environmental staff.                 appropriate.
                                                    any actions taken by OES to address the                     The training plan states that all ODOT                Observation 11: Opportunities exist
                                                    performance measures.                                    environmental staff (both central office              for expanding training in EJ.
                                                      Leadership at OES indicated in                         and district offices) are required to take               In its Self-Assessment report, ODOT
                                                    interviews that they were aware that the                 the pre-qualification training courses.               identified EJ as an area needing
                                                    MOU requires ODOT to develop criteria                    Staff is encouraged to take all training              improvement. The team asked several
                                                    for information and the means to collect                 offered, beyond the required training.                ODOT staff about EJ training
                                                    such information. However, at the time                   The team found through interviews with                opportunities. While most staff
                                                    of the interviews, ODOT was developing                   ODOT staff that there was a major effort              indicated that they had received such
                                                    a plan to address the performance                        to ensure that all staff was up to date on            training within the past 5 years, they
                                                    measures but it had not yet                              required training. The ODOT                           also noted that such training was part of
                                                    implemented that plan. Based on the                      management indicated that there was a                 a larger course, such as the ‘‘NEPA—
                                                    responses contained in the PAIR and the                  one-time increase in the training budget              Managing the Environmental and
                                                    Department’s Self-Assessment report,                     to ensure that staff had the necessary                Project Development Process’’ course,
                                                    OES indicated that it intends to report                  training to carry out their NEPA                      the ‘‘Categorical Exclusion’’ course, or
                                                    on performance measures in the future.                   responsibilities. District management                 the ‘‘Public Involvement’’ course. There
                                                    The ODOT’s timeline to fully develop                     staff also indicated their support by                 is not a stand-alone training course on
                                                    the MOU performance measures is                          describing how they prioritize and                    EJ in ODOT’s Training Plan. In one
                                                    unclear. The FHWA is encouraged that                     provide time for staff to attend training.            District, a project manager (non-
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                                                    ODOT executive management may add                        All staff interviewed indicated that they             environmental staff) stated they had
                                                    these performance measures, once                         had always received the support of                    never received training on EJ. When the
                                                    developed, to the ODOT Critical                          management to receive necessary                       team asked management in one district
                                                    Success Factors, which are ODOT’s                        training.                                             about expectations for EJ, management
                                                    departmental performance measures.                          The training plan includes a system to             indicated that they had none.
                                                      The ODOT told the team that it has                     track training needs within and outside                  The ODOT management identified EJ
                                                    begun developing performance                             ODOT. Interviewees indicated that the                 as an area needing improvement in their
                                                    measures, and that further development                   NEPA Assignment Coordinator or the                    Self-Assessment report. In the interim,
                                                    will continue. The team did learn that                   OES Training Coordinator notifies                     FHWA encourages ODOT to consider EJ


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                                                    31680                             Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

                                                    training for its staff and consultants,                  FOR FURTHER INFORMATION CONTACT:                        1. General: National Environmental
                                                    offered by the NHI and/or the FHWA                       Karen Pinell, Assistant Division                      Policy Act (NEPA) [42 U.S.C. 4321–
                                                    Resource Center.                                         Administrator, Alaska Division Office,                4351; Federal-Aid Highway Act [23
                                                                                                             FHWA, P.O. Box 21648, Juneau, Alaska                  U.S.C. 109].
                                                    Preparation and Comment on the Draft
                                                                                                             99802, Telephone (907) 586–7158. The                    2. Wildlife: Fish and Wildlife
                                                    Report
                                                                                                             FHWA Alaska Division Office’s normal                  Coordination Act [16 U.S.C. 661–667d;
                                                      In consultation with ODOT, FHWA                        business hours are 8:00 a.m. to 5:00 p.m.             Migratory Bird Treaty Act [16 U.S.C.
                                                    prepared a draft audit report and                        (Alaska Standard Time), Monday                        703–712], Magnuson-Stevens Fisheries
                                                    provided this draft to ODOT for a 14-                    through Friday, except Federal holidays.              Conservation and Management Act of
                                                    day review and comment period. After                     You may also contact Kirk Miller, P.E.,               1976, as amended [16 U.S.C. 1801–
                                                    considering ODOT’s comments, FHWA                        Project Manager, DOT&PF Southcoast                    1891d, Bald and Golden Eagle
                                                    published a notice in the Federal                        Region, 6860 Glacier Highway, Juneau,                 Protection Act [16 U.S.C. 668–668d),
                                                    Register on March 16, 2017, soliciting                   Alaska 99801–7999, Telephone (907)                    Endangered Species Act (16 U.S.C
                                                    public comment for 30-days, pursuant                     465–1215. The DOT&PF Southcoast                       1536).
                                                    to 23 U.S.C. 327(g). This notice is                      Region’s normal business hours are 8:00                 3. Waters of the U.S.: Section 404 of
                                                    available at 82 FR 14096.                                a.m. to 4:30 p.m. (Alaska Standard                    the Clean Water Act [33 U.S.C. 1344].
                                                    Finalization of Report                                   Time), Monday through Friday, except                    4. Cultural Resources: Section 106 of
                                                                                                             State and Federal holidays.                           the National Historic Preservation Act of
                                                       The FHWA received comments on the
                                                                                                             SUPPLEMENTARY INFORMATION: Notice is                  1966, as amended [54 U.S.C. 306108];
                                                    draft report from the American Road &
                                                                                                             hereby given that FHWA has taken final                Archaeological and Historic
                                                    Transportation Builders Association
                                                                                                             agency action subject to 23 U.S.C.                    Preservation Act [54 U.S.C. 312501–
                                                    (ARTBA). The ARTBA’s comments were
                                                                                                             139(l)(1) by issuing licenses, permits,               312508]; Archaeological Resources
                                                    supportive of the Surface Transportation
                                                                                                             and approvals for the Gravina Access                  Protection Act of 1977 [16 U.S.C.
                                                    Project Delivery Program and did not
                                                                                                             Project in the State of Alaska. The                   470(aa)-470mm].
                                                    relate specifically to Audit #1. The team
                                                                                                             Gravina Access Project proposes to                      5. Executive Orders: Executive Order
                                                    has considered these comments in
                                                                                                             improve access between Revillagigedo                  12898, Environmental Justice; Executive
                                                    finalizing this audit report.
                                                       Since the completion of this report,                  Island and Gravina Island in the                      Order 11988, Floodplain Management;
                                                    staff from ODOT and FHWA have                            Ketchikan Gateway Borough, Alaska.                    Executive Order 11990, Protection of
                                                    established quarterly partnering                            The project includes the following                 Wetlands; Executive Order 13112,
                                                    sessions where observations and other                    components:                                           Invasive Species; Executive Order 13166
                                                    issues relating to NEPA assignment are                      1. Reconstruction of existing airport              Improving Access to Services for
                                                    being discussed, clarified, and resolved.                ferry berths to meet current design                   Persons with Limited English
                                                                                                             standards;                                            Proficiency; Executive Order 13186
                                                    [FR Doc. 2017–14233 Filed 7–6–17; 8:45 am]                  2. Upgrades and improvements to                    Migratory Birds; Executive Order 11593,
                                                    BILLING CODE 4910–22–P                                   pedestrian facilities at the airport ferry            Protection and Enhancement of the
                                                                                                             terminals;                                            Cultural Environment; and Executive
                                                                                                                3. A new heavy freight mooring                     Order 13175, Consultation and
                                                    DEPARTMENT OF TRANSPORTATION                             facility and new ferry layup dock on                  Coordination with Indian Tribal
                                                                                                             Gravina Island;                                       Governments.
                                                    Federal Highway Administration
                                                                                                                4. Shuttle vans to carry pedestrians
                                                                                                             and their luggage to/from the airport;                  Authority: 23 U.S.C. 139(l)(1).
                                                    Notice of Final Federal Agency Actions
                                                    on Proposed Gravina Access Project                          5. New toll facilities;                              Issued On: June 27, 2017.
                                                                                                                6. Replacement of the bridge over                  Sandra A. Garcia-Aline,
                                                    in Alaska
                                                                                                             Airport Creek; and                                    Alaska Division Administrator, Juneau,
                                                    AGENCY:   Federal Highway                                   7. Reconstruction of Seley Road from               Alaska.
                                                    Administration (FHWA), Department of                     Lewis Reef Road to approximately the                  [FR Doc. 2017–14234 Filed 7–6–17; 8:45 am]
                                                    Transportation (DOT).                                    end of the Airport Reserve.
                                                                                                                                                                   BILLING CODE 4910–22–P
                                                    ACTION: Notice of limitation of claims for                  The actions by FHWA and the laws
                                                    judicial review of actions by FHWA and                   under which such actions were taken
                                                    other Federal agencies.                                  are described in the Gravina Access                   DEPARTMENT OF TRANSPORTATION
                                                                                                             Project Final Environmental Impact
                                                    SUMMARY:    This notice announces final                  Statement (SEIS) and Record of Decision               Federal Motor Carrier Safety
                                                    actions taken by FWHA. The actions                       (ROD) issued on July 7, 2017, and in                  Administration
                                                    relate to the proposed Gravina Access                    other documents in the project records.
                                                    Project in the Ketchikan Gateway                         The Final SEIS, ROD, and other project                [Docket No. FMCSA–2017–0175]
                                                    Borough in the State of Alaska. Those                    records are available by contacting
                                                    actions grant approvals for the project.                                                                       Hours of Service of Drivers:
                                                                                                             FHWA at the address provided above.                   Application for Exemption; Rail
                                                    DATES: By this notice, FHWA is advising                  The Final SEIS and ROD can be viewed                  Delivery Services (RDS)
                                                    the public of final agency actions                       and downloaded from the project Web
                                                    subject to 23 U.S.C. 139(l)(1). A claim                  site at: at: http://dot.alaska.gov/sereg/             AGENCY: Federal Motor Carrier Safety
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                                                    seeking judicial review of FHWA                          projects/gravina_access/ or by                        Administration (FMCSA), DOT.
                                                    actions on the Gravina Access Project                    contacting FHWA at the address                        ACTION: Notice of application for
                                                    will be barred unless the claim is filed                 provided above.                                       exemption; request for comments.
                                                    on or before December 4, 2017. If the                       This notice applies to all FHWA
                                                    Federal law that authorizes judicial                     decisions as of the issuance date of this             SUMMARY:  FMCSA announces that it has
                                                    review of a claim provides a time period                 notice and all laws under which such                  received an application from Rail
                                                    of less than 150 days for filing such                    actions were taken. Laws generally                    Delivery Services (RDS) for an
                                                    claim, then that shorter time period still               applicable to such actions include but                exemption to spare its drivers who stay
                                                    applies.                                                 are not limited to:                                   within a 100 air-mile radius of their


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Document Created: 2017-07-07 02:19:48
Document Modified: 2017-07-07 02:19:48
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.
ContactMr. Kreig Larson, Office of Project Development and Environmental Review, (202) 366-2056, [email protected], or Mr. Jomar Maldonado, Office of the Chief Counsel, (202) 366-1373, [email protected], Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., EST, Monday through Friday, except Federal holidays.
FR Citation82 FR 31673 

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