83 FR 16170 - Surface Transportation Project Delivery Program; Utah Department of Transportation Audit Report
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 83, Issue 72 (April 13, 2018)
Federal Highway Administration
Federal Register Volume 83, Issue 72 (April 13, 2018)
| Page Range | 16170-16174 | |
| FR Document | 2018-07751 |
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)] [Notices] [Pages 16170-16174] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07751] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA-2018-0008] Surface Transportation Project Delivery Program; Utah Department of Transportation Audit Report AGENCY: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice; Request for comment. ----------------------------------------------------------------------- SUMMARY: The Moving Ahead for Progress in the 21st Century Act (MAP-21) established the Surface Transportation Project Delivery Program that allows a State to assume FHWA's environmental responsibilities for environmental review, consultation, and compliance under the National Environmental Policy Act (NEPA) for Federal 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. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements. This notice announces and solicits comments on the first audit report for the Utah Department of Transportation (UDOT). DATES: Comments must be received on or before May 14, 2018. ADDRESSES: Mail or hand deliver comments to Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12- 140, Washington, DC 20590. You may also submit comments electronically at www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self- addressed, stamped postcard or you may print the acknowledgment page [[Page 16171]] that appears after submitting comments electronically. Anyone can search the electronic form of all comments in any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). The DOT posts these comments, without edits, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Deirdre Remley, Office of Project Development and Environmental Review, (202) 366-0524, [email protected], or Mr. Jomar Maldonado, Office of the Chief Counsel, (202) 366-1373, [email protected], Federal Highway Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., e.t., 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 United States Code (U.S.C.) 327, commonly known as the NEPA Assignment Program, 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 UDOT published its application for NEPA assumption on October 9, 2015, and made it available for public comment for 30 days. After considering public comments, UDOT submitted its application to FHWA on December 1, 2015. The application served as the basis for developing a memorandum of understanding (MOU) that identifies the responsibilities and obligations that UDOT would assume. The FHWA published a notice of the draft MOU in the Federal Register on November 16, 2016, 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 UDOT considered comments and proceeded to execute the MOU. Effective January 17, 2017, UDOT 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, U.S.C., 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. This notice announces the availability of the first audit report for UDOT and solicits public comment on same. Authority: Section 1313 of Pub. L. 112-141; Section 6005 of Pub. L. 109-59; 23 U.S.C. 327; 23 CFR 773. Issued on: April 4, 2018. Brandye L. Hendrickson, Acting Administrator, Federal Highway Administration. Surface Transportation Project Delivery Program Draft FHWA Audit of the Utah Department of Transportation January 17-June 9, 2017 Executive Summary This report summarizes the results of the Federal Highway Administration's (FHWA) first audit of the Utah Department of Transportation's (UDOT) National Environmental Policy Act (NEPA) review responsibilities and obligations that FHWA has assigned and UDOT has assumed pursuant to 23 United States Code (U.S.C.) 327. Throughout this report, FHWA uses the term ``NEPA Assignment Program'' to refer to the program codified at 23 U.S.C. 327. Under the authority of 23 U.S.C. 327, UDOT and FHWA executed a memorandum of understanding (MOU) on January 17, 2017, to memorialize UDOT's NEPA responsibilities and liabilities for Federal-aid highway projects and certain other FHWA approvals for transportation projects in Utah. Except for one project, which FHWA retained, FHWA's only NEPA responsibilities in Utah are oversight and review of how UDOT executes its NEPA Assignment Program obligations. The section 327 MOU covers environmental review responsibilities for projects that require the preparation of environmental assessments (EAs), environmental impact statements (EIS), and non-designated documented categorical exclusions (DCE). A separate MOU, pursuant to 23 U.S.C. 326, authorizes UDOT's environmental review responsibilities for other categorical exclusions (CE), commonly known as CE Program Assignment. This audit does not cover the CE Program Assignment responsibilities and projects. As part of its review responsibilities under 23 U.S.C. 327, FHWA formed a team in April 2017 to plan and conduct an audit of NEPA responsibilities UDOT assumed. Prior to the on-site visit, the Audit Team reviewed UDOT's NEPA project files, UDOT's response to FHWA's pre- audit information request (PAIR), and UDOT's self-assessment of its NEPA Program. The Audit Team reviewed additional documents and conducted interviews with UDOT staff in Utah on June 5-9, 2017. The UDOT entered into NEPA Assignment Program after almost 9 years of experience making FHWA NEPA CE determinations pursuant to 23 U.S.C. 326 (beginning August 2008). The UDOT's environmental review procedures are compliant for CEs, and UDOT is implementing procedures and processes for DCEs, EAs, and EISs as part of its new responsibilities under the NEPA Assignment Program. Overall, the Audit Team found that UDOT is successfully adding DCE, EA, and EIS project review responsibilities to an already successful CE review program. The Audit Team did not identify any non-compliance observations. This report describes five observations as well as several successful practices the Audit Team found. The Audit Team finds UDOT is carrying out the responsibilities it has assumed and is in substantial compliance with the provisions of the MOU. Background The NEPA Assignment Program allows a State to assume FHWA's environmental responsibilities for review, consultation, and compliance for Federal-aid highway projects. Under 23 U.S.C. 327, a State that assumes these Federal responsibilities becomes solely responsible and solely liable for carrying them out. Effective January 17, 2017, UDOT assumed FHWA's responsibilities under NEPA and other related environmental laws. Examples of responsibilities UDOT has assumed in addition to NEPA include section 7 consultation under the Endangered Species Act and consultation under section 106 of the National Historic Preservation Act. Following this first audit, FHWA will conduct three more annual audits to satisfy provisions of 23 U.S.C. 327(g) and Part 11 of the MOU. Audits are the primary mechanism through which FHWA may oversee UDOT's compliance with the MOU and the NEPA Assignment Program requirements. This [[Page 16172]] includes ensuring compliance with applicable Federal laws and policies, evaluating UDOT's progress toward achieving the performance measures identified in MOU Section 10.2, and collecting information needed for the Secretary's annual report to Congress. The FHWA must present the results of each audit in a report and make it available for public comment in the Federal Register. The Audit Team consisted of NEPA subject matter experts (SME) from the FHWA Utah Division, as well as from FHWA offices in Sacramento, California, Washington, District of Columbia, Atlanta, Georgia, and Austin, Texas. These experts received training on how to evaluate implementation of the NEPA Assignment Program. In addition, the FHWA Utah Division designated an environmental specialist to serve as a NEPA Assignment Program liaison to UDOT. Scope and Methodology The Audit Team conducted an examination of UDOT's NEPA project files, UDOT responses to the PAIR, and UDOT self-assessment. The audit also included interviews with staff and reviews of UDOT policies, guidance, and manuals pertaining to NEPA responsibilities. All reviews focused on objectives related to the six NEPA Assignment Program elements: program management; documentation and records management; quality assurance/quality control (QA/QC); legal sufficiency; training; and performance measurement. The focus of the audit was on UDOT's process and program implementation. Therefore, while the Audit Team reviewed project files to evaluate UDOT's NEPA process and procedures, the team did not evaluate UDOT's project-specific decisions to determine if they were, in FHWA's opinion, correct or not. The Audit Team reviewed 14 NEPA Project files with DCEs, EAs, and EISs, representing all projects in process or initiated after the MOU's effective date. The Audit Team also interviewed environmental staff in all four UDOT regions as well as their headquarters office. The PAIR consisted of 24 questions about specific elements in the MOU. The Audit Team used UDOT's response to the PAIR to develop specific follow-up questions for the on-site interviews with UDOT staff. The Audit Team conducted 18 on-site and 3 phone interviews. Interview participants included staff from each of UDOT's four regional offices and UDOT headquarters. The Audit Team invited UDOT staff, middle management, and executive management to participate to ensure the interviews represented a diverse range of staff expertise, experience, and program responsibility. Throughout the document reviews and interviews, the Audit Team verified information on the UDOT section 327 NEPA Assignment Program including UDOT policies, guidance, manuals, and reports. This included the NEPA QA/QC Guidance, the NEPA Assignment Training Plan, and the NEPA Assignment Self-Assessment Report. The Audit Team compared the procedures outlined in UDOT environmental manuals and policies to the information obtained during interviews and project file reviews to determine if there are discrepancies between UDOT's performance and documented procedures. The team documented observations under the six NEPA Assignment Program topic areas. Below are the audit results. Overall, UDOT has carried out the environmental responsibilities it assumed through the MOU and the application for the NEPA Assignment Program, and as such the Audit Team finds that UDOT is substantially compliant with the provisions of the MOU. Observations and Successful Practices This section summarizes the Audit Team's observations of UDOT's NEPA Assignment Program implementation, including successful practices UDOT may want to continue or expand. Successful practices are positive results that FHWA would like to commend UDOT on developing. These may include ideas or concepts that UDOT has planned but not yet implemented. Observations are items the Audit Team would like to draw UDOT's attention to, which may benefit from revisions to improve processes, procedures, or outcomes. The UDOT may have already taken steps to address or improve upon the Audit Team's observations, but at the time of the audit they appeared to be areas where UDOT could make improvements. This report addresses all six MOU topic areas as separate discussions. Under each area, this report discusses successful practices followed by observations. This audit report provides an opportunity for UDOT to begin implementing actions to improve their program. The FHWA will consider the status of areas identified for potential improvement in this audit's observations as part of the scope of Audit #2. The second Audit Report will include a summary discussion that describes progress since the last audit. Program Management The UDOT has made progress toward meeting the initial requirements of the MOU for the NEPA Assignment Program under 23 U.S.C. 327, including implementing the updated Manual of Instruction (MOI), a QA/QC Plan, a Training Plan, and addressing the findings from a Self- Assessment Report. Successful Practices The Audit Team found that UDOT understands its project-level responsibility for DCEs, EAs, and EISs that FHWA assigned to UDOT through the NEPA Assignment Program. The UDOT has established a vision and direction for incorporating the NEPA Assignment Program into its overall project development process. This was clear in the PAIR responses and in interviews with staff in the regions and at UDOT's central office, commonly known as ``the Complex.'' The UDOT reorganized environmental staff to align employee roles with the new responsibilities under the NEPA Assignment Program. Staff at the Complex are responsible for EAs and EISs. Regional environmental staff coordinate their NEPA work through Program Managers at the Complex. Environmental staff also share resources and use the subject matter expertise of staff in other regional offices or at the Complex. Some staff responsibilities have changed under the NEPA Assignment Program, but positions have remained the same. Prior to assuming responsibilities under the NEPA Assignment Program, regional staff reported to the pre-construction department in their regional office. Following assumption of the NEPA Assignment Program, Environmental Managers in the regions report to Environmental Program Managers at the Complex. In anticipation of assuming NEPA responsibilities, UDOT hired an Environmental Performance Manager who is responsible for overseeing UDOT's policies, manuals, guidance, and training under the NEPA Assignment Program. Observations Observation #1: Communication of UDOT policy and procedures to staff Most SMEs and regional environmental staff were not aware of the latest policies and procedures regarding the NEPA Assignment Program. During interviews, some staff at the regional offices and at the Complex said they heard about changes at quarterly environmental meetings. Some regional staff said they expect to hear about changes from their Managers [[Page 16173]] in the regional office, but they often feel they do not receive all necessary information. Other regional staff said they receive updated memoranda and other communications about the NEPA Assignment Program through their Program Manager at the Complex. Some SMEs indicated they were unaware of how their specialty fits into the overall NEPA process. There does not seem to be a clear understanding among all staff about the differences between UDOT's responsibilities under 23 U.S.C. 326 and 23 U.S.C. 327 and how this affects staff members' roles and responsibilities in carrying out section 327. Observation #2: Section 4(f) terms regarding determinations of use During review of the NEPA Project files, the Audit Team found some determinations labeled ``n/a,'' suggesting Section 4(f) was not applicable when there was a historic site/historic property identified in the Section 106 determination of eligibility/finding of effect (DOE/ FOE). In other examples, the files correctly indicate ``yes'' or ``no'' whether there is or is not a Section 4(f) use. When the DOE/FOE identifies historic properties that are eligible for inclusion in the National Register of Historic Places, UDOT would also need to evaluate whether the action will constitute a use under Section 4(f), per FHWA policy (see ``3.2 Assessing Use of Section 4(f) Properties'' in FHWA ``Section 4(f) Policy Paper,'' 2012). Therefore, the correct determination should be ``yes'' or ``no'' instead of ``n/a''. Documentation and Records Management The Audit Team reviewed UDOT's NEPA Project documents for 14 projects under the NEPA Assignment Program. The UDOT maintains a complete final record for DCEs, EAs, and EISs. There are inconsistencies about how, when, and where staff maintain supporting draft and deliberative documentation, and staff either do not have or are not aware of protocols for recordkeeping. Successful Practices ProjectWise is a document database UDOT uses to maintain final project records for DCEs, EAs, and EISs. Though it was not developed specifically for producing and maintaining environmental documents, ProjectWise is accessible to all staff and can store complete NEPA documentation. During interviews, UDOT environmental staff demonstrated they understood the minimum documentation that should be included in the final ProjectWise record, and the Audit Team verified that the minimum documentation is in NEPA Project file reviews. In interviews, some UDOT staff shared that they document decisions made verbally for the project record. This shows that some staff understand the importance of having a written record of decision points in the NEPA processes that may happen through phone conversations and in-person meetings. Environmental Managers at the Complex have taken steps to implement consistent records management on EAs and EISs in ProjectWise by adding stipulations to consultant contracts that require them to follow records management protocols in their final project files. Observations Observation #3: UDOT recordkeeping and file management Some environmental staff interviewed during the audit said they store draft files, supporting information, and deliberative documentation on personal drives, on local servers, and/or in hardcopy filing cabinets. Thus, outside of ProjectWise, UDOT recordkeeping and file management is inconsistent, which may indicate the lack of specific protocols for managing supporting documents that inform NEPA decisions and other environmental determinations. Such practices can make document retrieval and review difficult because the location of UDOT's file of record is unclear. This issue can also raise concerns about document retention practices and the completeness of administrative records for projects needing them. Staff at the regional offices and at the Complex said ProjectWise does not include organizational tools such as subfolders or adequate search capabilities. ProjectWise was not created specifically for environmental documentation. It is a document management system, and although it allows for subfolders with environmental documents storage, UDOT does not use this function nor does it have adequate functionality for searching files or tracking project environmental process milestones. Quality Assurance/Quality Control The UDOT is in the early stages of the section 327 program, and because there is not yet sufficient data on project approvals, the team was not able to fully evaluate the effectiveness of the QA/QC component of the program. The Audit Team made the following observations. Successful Practices The UDOT has implemented some successful practices to ensure the quality of its NEPA documents. The UDOT developed a QA/QC plan to help environmental staff and consultants ensure documents are developed, reviewed, and approved in accordance with QA/QC procedures. The UDOT's use of DCE, EA, and EIS QA/QC checklists supports process standardization. Though regional environmental staff do not manage EAs or EISs under the NEPA Assignment Program, several staff said they were aware there is a QA/QC checklist for reviewing these documents. They were also aware that Managers at the Complex review and submit the checklist and final document to UDOT's Deputy Director for final approval. Regional environmental staff can contact Program Managers at the Complex to get procedural and technical assistance on topics or documentation requirements outside of their technical expertise area. Throughout the audit interviews, several staff said they felt comfortable calling Managers at the Complex with questions. Observations Observation #4: QA/QC documentation Although most environmental staff were aware of the QA/QC plan and checklists, the Audit Team learned through interviews that there is varied understanding about roles and procedures as they relate to documenting QA/QC approvals. Managers demonstrated that they understand the various roles and procedures for obtaining signature approval for final documents, but regional staff had a varied understanding of these procedures. Environmental staff outside of the Complex were also uncertain of whether a new checklist was developed for DCEs, or if the EA/EIS checklist is used for DCE QA/QC. Legal Sufficiency Successful Practices Through interviews, the Audit Team learned of the following successful practices: UDOT has extended the legal sufficiency process it has in place for Section 326 CE assignment to accommodate the section 327 NEPA Assignment Program by contracting with outside counsel who have extensive experience in NEPA, other environmental laws, and Federal environmental litigation. The UDOT Environmental Managers can work directly with outside counsel without the need to go through the Utah [[Page 16174]] Attorney General's (AG) Office. An Assistant AG assigned to UDOT is kept apprised of all communications between UDOT staff and outside counsel. Outside counsel expects early legal involvement for all controversial projects. The UDOT, an Assistant AG, and outside counsel held an ``organizational meeting'' earlier this year and expect to hold regular, quarterly meetings. Training The UDOT's Training Coordinator is in the early stages of establishing a Training Management Program (``UDOT U'') for all UDOT employees. This program will include the following components: (1) core competencies for all UDOT employees; (2) training for all UDOT employees through UDOT U; (3) a portal for tracking training completed by UDOT employees; (4) SME identification and validation of training needs; and (5) leadership input on priorities and budgets for all disciplines. The UDOT could incorporate NEPA Assignment Program training needs into UDOT U in the future, and the Training Coordinator has plans to work with the environmental group on its specific needs. Successful Practices Through interviews and the PAIR response, the Audit Team learned that UDOT delivered several discipline-based (e.g., Noise, Section 4f, Section 7, Air Quality, and Legal Sufficiency) training courses to staff and consultants. The Audit Team learned that UDOT has used the annual conference to inform staff and consultants about the NEPA Assignment Program and the responsibilities that UDOT has assumed. Observations Observation #5: UDOT's training plan coordination The UDOT developed a NEPA Assignment Program Training Plan, as required by the MOU, but through interviews the Audit Team found that Environmental Managers developed the plan with minimal coordination with the UDOT Training Coordinator, SMEs, or regional staff. In interviews, the Audit Team learned that some SMEs did not get opportunities to attend training on topics outside their subject area, including NEPA. An understanding of NEPA compliance is important for all environmental staff, including SMEs. Although ``UDOT U'' has offered environmental training on specific topics such as stormwater and permitting, the NEPA Assignment Program training plan is not integrated into ``UDOT U.'' Performance Measures The Environmental Performance Manager has begun collecting and tracking performance data, such as the completeness of project records, timeline for completion of environmental documents, and whether QA/QC was performed for each document. The Environmental Performance Manager indicated that the results of this audit will be used to help revise manuals and procedures and that the self-assessment informed some changes. For example, the MOI has been updated to clarify which documents need to be updated and uploaded in projects files. Successful Practices The UDOT surveyed resource agency partners about how it is implementing responsibilities under the NEPA Assignment Program. Managers said they are striving to improve UDOT's relationships with partner agencies despite having different missions and perspectives. The environmental group will continue to survey its partners in the future, and will modify the survey as needed to help improve UDOT's environmental processes and relationships with resource agencies. Next Steps The FHWA provided this draft audit report to UDOT for a 14-day review and comment period. The Audit Team considered UDOT comments in developing this draft audit report. The FHWA will publish a notice in the Federal Register for a 30-day comment period in accordance with 23 U.S.C. 327(g). No later than 60 days after the close of the comment period, FHWA will respond to all comments submitted to finalize this draft audit report pursuant to 23 U.S.C. 327(g)(B). The FHWA will publish the final audit report in the Federal Register. [FR Doc. 2018-07751 Filed 4-12-18; 8:45 am] BILLING CODE 4910-22-P
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enhance the quality, utility and clarity will be used to issue air carrier Estimated Total Annual Burden:
of the information collection; and (d) operating certificates and to establish 8,865 hours.
ways that the burden could be minimum safety standards for the Issued in Fort Worth, TX, on April 4, 2018.
minimized without reducing the quality operation of the air carriers to whom Barbara Hall,
of the collected information. The agency such certificates are issued. The Federal
FAA Information Collection Clearance
will summarize and/or include your Register Notice with a 60-day comment Officer, Performance, Policy, and Records
comments in the request for OMB’s period soliciting comments on the Management Branch, ASP–110.
clearance of this information collection. following collection of information was
published on December 28, 2017. There [FR Doc. 2018–07661 Filed 4–12–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Barbara Hall at (940) 594–5913, or by were no responses to the 60-day Federal BILLING CODE 4910–13–P
email at: Barbara.L.Hall@faa.gov. Register Notice.
SUPPLEMENTARY INFORMATION: DATES: Written comments should be
DEPARTMENT OF TRANSPORTATION
OMB Control Number: 2120–0042. submitted by May 14, 2018.
Title: Aircraft Registration. ADDRESSES: Interested persons are Federal Highway Administration
Form Numbers: 8050–1, 8050–2, invited to submit written comments on
8050–4, 8050–98, 8050–88, 8050–88A, [FHWA Docket No. FHWA–2018–0008]
the proposed information collection to
8050–117, 8050–117. the Office of Information and Regulatory
Type of Review: Renewal of an Surface Transportation Project
Affairs, Office of Management and Delivery Program; Utah Department of
information collection. Budget. Comments should be addressed
Background: Public Law 103–272 Transportation Audit Report
to the attention of the Desk Officer,
states that all aircraft must be registered Department of Transportation/FAA, and AGENCY: Federal Highway
before they may be flown. It sets forth sent via electronic mail to oira_ Administration (FHWA), U.S.
registration eligibility requirements and submission@omb.eop.gov, or faxed to Department of Transportation (DOT).
provides for application for registration (202) 395–6974, or mailed to the Office ACTION: Notice; Request for comment.
as well as suspension and/or revocation of Information and Regulatory Affairs,
of registration. The information Office of Management and Budget, SUMMARY: The Moving Ahead for
collected is used by the FAA to register Docket Library, Room 10102, 725 17th Progress in the 21st Century Act (MAP–
an aircraft or hold an aircraft in trust. Street NW, Washington, DC 20503. 21) established the Surface
The information requested is required to Public Comments Invited: You are Transportation Project Delivery Program
register and prove ownership. asked to comment on any aspect of this that allows a State to assume FHWA’s
Respondents: Approximately 146,757 information collection, including (a) environmental responsibilities for
registrants. Whether the proposed collection of environmental review, consultation, and
Frequency: Information is collected information is necessary for FAA’s compliance under the National
on occasion. performance; (b) the accuracy of the Environmental Policy Act (NEPA) for
Estimated Average Burden per estimated burden; (c) ways for FAA to Federal highway projects. When a State
Response: 32 minutes. enhance the quality, utility and clarity assumes these Federal responsibilities,
Estimated Total Annual Burden: of the information collection; and (d) the State becomes solely responsible
103,982 hours. ways that the burden could be and liable for carrying out the
Issued in Fort Worth, TX, on April 4, 2018. minimized without reducing the quality responsibilities it has assumed, in lieu
Barbara Hall, of the collected information. The agency of FHWA. This program mandates
FAA Information Collection Clearance will summarize and/or include your annual audits during each of the first 4
Officer, Performance, Policy, and Records comments in the request for OMB’s years of State participation to ensure
Management Branch, ASP–110. clearance of this information collection. compliance with program requirements.
[FR Doc. 2018–07659 Filed 4–12–18; 8:45 am] FOR FURTHER INFORMATION CONTACT:
This notice announces and solicits
BILLING CODE 4910–13–P Barbara Hall at (940) 594–5913, or by comments on the first audit report for
email at: Barbara.L.Hall@faa.gov. the Utah Department of Transportation
(UDOT).
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION DATES: Comments must be received on
OMB Control Number: 2120–0593.
Title: Certification: Air Carriers and or before May 14, 2018.
Federal Aviation Administration ADDRESSES: Mail or hand deliver
Commercial Operators.
Form Numbers: FAA Form 8400–6. comments to Docket Management
Agency Information Collection Facility: U.S. Department of
Activities: Requests for Comments; Type of Review: Renewal of an
information collection. Transportation, 1200 New Jersey
Clearance of Renewed Approval of Avenue SE, Room W12–140,
Background: The request for clearance
Information Collection: Certification: Washington, DC 20590. You may also
reflects requirements necessary under
Air Carriers and Commercial Operators submit comments electronically at
parts 135, 121, and 125 to comply with
AGENCY: Federal Aviation part 119. The FAA will use the www.regulations.gov. All comments
Administration (FAA), DOT. information it collects and reviews to should include the docket number that
ACTION: Notice and request for ensure compliance and adherence to appears in the heading of this
comments. regulations and, if necessary, to take document. All comments received will
enforcement action on violators of the be available for examination and
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY: In accordance with the regulations. copying at the above address from 9
Paperwork Reduction Act of 1995, FAA Respondents: Approximately 2,177 air a.m. to 5 p.m., e.t., Monday through
invites public comments about our carriers and commercial operators. Friday, except Federal holidays. Those
intention to request the Office of Frequency: Information is collected desiring notification of receipt of
Management and Budget (OMB) on occasion. comments must include a self-
approval to renew an information Estimated Average Burden per addressed, stamped postcard or you
collection. The information collected Response: 2.45 hours. may print the acknowledgment page
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Attorney General’s (AG) Office. An Program training plan is not integrated Treasury Borrowing Advisory
Assistant AG assigned to UDOT is kept into ‘‘UDOT U.’’ Committee of the Securities Industry
apprised of all communications between and Financial Markets Association.
Performance Measures The agenda for the meeting provides
UDOT staff and outside counsel.
Outside counsel expects early legal The Environmental Performance for a charge by the Secretary of the
involvement for all controversial Manager has begun collecting and Treasury or his designate that the
projects. The UDOT, an Assistant AG, tracking performance data, such as the Committee discuss particular issues and
and outside counsel held an completeness of project records, conduct a working session. Following
‘‘organizational meeting’’ earlier this timeline for completion of the working session, the Committee will
year and expect to hold regular, environmental documents, and whether present a written report of its
quarterly meetings. QA/QC was performed for each recommendations. The meeting will be
document. The Environmental closed to the public, pursuant to 5
Training Performance Manager indicated that the U.S.C. App. 2, section 10(d) and Public
The UDOT’s Training Coordinator is results of this audit will be used to help Law 103–202, section 202(c)(1)(B) (31
in the early stages of establishing a revise manuals and procedures and that U.S.C. 3121 note).
Training Management Program (‘‘UDOT the self-assessment informed some This notice shall constitute my
U’’) for all UDOT employees. This changes. For example, the MOI has been determination, pursuant to the authority
program will include the following updated to clarify which documents placed in heads of agencies by 5 U.S.C.
components: (1) core competencies for need to be updated and uploaded in App. 2, section 10(d) and vested in me
all UDOT employees; (2) training for all projects files. by Treasury Department Order No. 101–
UDOT employees through UDOT U; (3) 05, that the meeting will consist of
Successful Practices discussions and debates of the issues
a portal for tracking training completed
by UDOT employees; (4) SME The UDOT surveyed resource agency presented to the Committee by the
identification and validation of training partners about how it is implementing Secretary of the Treasury and the
needs; and (5) leadership input on responsibilities under the NEPA making of recommendations of the
priorities and budgets for all disciplines. Assignment Program. Managers said Committee to the Secretary, pursuant to
The UDOT could incorporate NEPA they are striving to improve UDOT’s Public Law 103–202, section
Assignment Program training needs into relationships with partner agencies 202(c)(1)(B). Thus, this information is
UDOT U in the future, and the Training despite having different missions and exempt from disclosure under that
Coordinator has plans to work with the perspectives. The environmental group provision and 5 U.S.C. 552b(c)(3)(B). In
environmental group on its specific will continue to survey its partners in addition, the meeting is concerned with
needs. the future, and will modify the survey information that is exempt from
as needed to help improve UDOT’s disclosure under 5 U.S.C. 552b(c)(9)(A).
Successful Practices environmental processes and The public interest requires that such
Through interviews and the PAIR relationships with resource agencies. meetings be closed to the public because
response, the Audit Team learned that the Treasury Department requires frank
Next Steps and full advice from representatives of
UDOT delivered several discipline-
based (e.g., Noise, Section 4f, Section 7, The FHWA provided this draft audit the financial community prior to
Air Quality, and Legal Sufficiency) report to UDOT for a 14-day review and making its final decisions on major
training courses to staff and consultants. comment period. The Audit Team financing operations. Historically, this
The Audit Team learned that UDOT has considered UDOT comments in advice has been offered by debt
used the annual conference to inform developing this draft audit report. The management advisory committees
staff and consultants about the NEPA FHWA will publish a notice in the established by the several major
Assignment Program and the Federal Register for a 30-day comment segments of the financial community.
responsibilities that UDOT has period in accordance with 23 U.S.C. When so utilized, such a committee is
327(g). No later than 60 days after the recognized to be an advisory committee
assumed.
close of the comment period, FHWA under 5 U.S.C. App. 2, section 3.
Observations will respond to all comments submitted Although the Treasury’s final
to finalize this draft audit report announcement of financing plans may
Observation #5: UDOT’s training plan
pursuant to 23 U.S.C. 327(g)(B). The not reflect the recommendations
coordination
FHWA will publish the final audit provided in reports of the Committee,
The UDOT developed a NEPA report in the Federal Register. premature disclosure of the Committee’s
Assignment Program Training Plan, as deliberations and reports would be
[FR Doc. 2018–07751 Filed 4–12–18; 8:45 am]
required by the MOU, but through likely to lead to significant financial
BILLING CODE 4910–22–P
interviews the Audit Team found that speculation in the securities market.
Environmental Managers developed the Thus, this meeting falls within the
plan with minimal coordination with exemption covered by 5 U.S.C.
the UDOT Training Coordinator, SMEs, DEPARTMENT OF THE TREASURY 552b(c)(9)(A).
or regional staff. In interviews, the Treasury staff will provide a technical
Departmental Offices Debt
Audit Team learned that some SMEs did briefing to the press on the day before
Management Advisory Committee
not get opportunities to attend training the Committee meeting, following the
Meeting
on topics outside their subject area, release of a statement of economic
daltland on DSKBBV9HB2PROD with NOTICES
including NEPA. An understanding of Notice is hereby given, pursuant to 5 conditions and financing estimates. This
NEPA compliance is important for all U.S.C. App. 2, section 10(a)(2), that a briefing will give the press an
environmental staff, including SMEs. meeting will be held at the Hay-Adams opportunity to ask questions about
Although ‘‘UDOT U’’ has offered Hotel, 16th Street and Pennsylvania financing projections. The day after the
environmental training on specific Avenue NW, Washington, DC, on May Committee meeting, Treasury will
topics such as stormwater and 1, 2018 at 9:30 a.m. of the following release the minutes of the meeting, any
permitting, the NEPA Assignment debt management advisory committee: charts that were discussed at the
VerDate Sep<11>2014 19:04 Apr 12, 2018 Jkt 244001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\13APN1.SGM 13APN1](https://thefederalregister.org/doc/83_FR_16242/page/5.svg)
Document Created: 2018-04-13 00:18:01
Document Modified: 2018-04-13 00:18:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; Request for comment. | |
| Dates | Comments must be received on or before May 14, 2018. | |
| Contact | Ms. Deirdre Remley, Office of Project Development and Environmental Review, (202) 366-0524, [email protected], or Mr. Jomar Maldonado, Office of the Chief Counsel, (202) 366-1373, [email protected], Federal Highway Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 83 FR 16170 |
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