83_FR_33084 83 FR 32948 - Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Nebraska, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)

83 FR 32948 - Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Nebraska, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 136 (July 16, 2018)

Page Range32948-32949
FR Document2018-15099

The FHWA and the State of Nebraska, acting by and through its Department of Transportation (State), propose participation of the State in the Categorical Exclusion Assignment program. This program allows FHWA to assign its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed Memorandum of Understanding (MOU), are categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act.

Federal Register, Volume 83 Issue 136 (Monday, July 16, 2018)
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32948-32949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15099]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2018-0033]


Proposed Memorandum of Understanding (MOU) Assigning Certain 
Federal Environmental Responsibilities to the State of Nebraska, 
Including National Environmental Policy Act (NEPA) Authority for 
Certain Categorical Exclusions (CEs)

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed MOU, request for comments.

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

SUMMARY: The FHWA and the State of Nebraska, acting by and through its 
Department of Transportation (State), propose participation of the 
State in the Categorical Exclusion Assignment program. This program 
allows FHWA to assign its authority and responsibility for determining 
whether certain designated activities within the geographic boundaries 
of the State, as specified in the proposed Memorandum of Understanding 
(MOU), are categorically excluded from preparation of an environmental 
assessment or an environmental impact statement under the National 
Environmental Policy Act.

DATES: Comments must be received on or before August 15, 2018.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number FHWA-2018-0033, by any of the 
methods described below. To ensure that you do not duplicate your 
submissions, please submit them by only one of the means below. 
Electronic or facsimile comments are preferred because Federal offices 
experience intermittent mail delays from security screening.
    Federal eRulemaking Portal: Go to website: http://www.regulations.gov/. Follow the instructions for submitting comments 
on the DOT electronic docket site.
    Facsimile (Fax): 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590.
    Hand Delivery: 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday, except 
Federal holidays.
    For access to the docket to view a complete copy of the proposed 
MOU, or to read background documents or comments received, go to http://www.regulations.gov/ at any time, or to 1200 New Jersey Avenue SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Eastern Time, Monday 
through Friday, except Federal holidays.
    Instructions: You must include the agency name and docket number at 
the beginning of your comments. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: For FHWA: Melissa Maiefski; by email 
at Melissa.Maiefski@dot.gov or by telephone at 402-742-8473. The 
Nebraska Division Office's normal business hours are 8 a.m. to 5:00 
p.m. (Central Standard Time), Monday through Friday, except Federal 
holidays. For the State of Nebraska: Brandie Neemann: By email at 
Brandie.Neemann@nebraska.gov or by telephone at 402-479-4795. The 
Nebraska Department of Transportation's business hours are 8 a.m. to 5 
p.m. (Central Standard Time), Monday through Friday, except State and 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may reach the Office of the Federal Register's home 
page at: http://www.archives.gov/ and the Government Publishing 
Office's database at: http://www.fdsys.gov/. An electronic version of 
the proposed MOU may be downloaded by accessing the DOT DMS docket, as 
described above, at http://www.regulations.gov.

Background

    Section 326 of Title 23 U.S. Code, creates a program that allows 
the Secretary of the U.S. Department of Transportation (Secretary), to 
assign, and a State to assume, responsibility for determining whether 
certain highway projects are included within classes of action that are 
categorically excluded (CE) from requirements for environmental 
assessments or environmental impact statements pursuant to the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. (NEPA). In 
addition, this program allows the assignment of other environmental 
review requirements applicable to Federal highway projects. The FHWA is 
authorized to act on behalf of the Secretary with respect to these 
matters.
    The FHWA would execute Nebraska's participation in this program 
through an MOU. Statewide decision making responsibility would be 
assigned for all activities within the categories listed in 23 CFR 
771.117(c) and those listed as examples in 23 CFR 771.111(d), and any 
activities added through FHWA rulemaking to those listed in 23 CFR 
771.117(c) or example activities listed in 23 CFR 771.117(d) after the 
date of the execution of this MOU. In addition to the NEPA CE 
determination responsibilities, the MOU would assign to the State the 
responsibility for conducting Federal environmental review, 
consultation, and other related activities for projects that are 
subject to the MOU with respect to the following Federal laws and 
Executive Orders:

 Clean Air Act (CAA), 42 U.S.C. 7401-7671q. Including 
determinations for project-level conformity if required for the project
 Noise Control Act of 1972, 42 U.S.C. 4901-4918
 Compliance with the noise regulations in 23 CFR part 772 
(except approval of the State noise policy in accordance with 23 CFR 
772.7)
 Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 
1531-1544, and 1536
 Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
 Migratory Bird Treaty Act, 16 U.S.C. 703-712
 Bald and Golden Eagle Treaty Act, as amended, 16 U.S.C. 668-
668c
 Section 106 of the National Historic Preservation Act of 1966, 
as amended, 54 U.S.C. 306108
 Archeological Resources Protection Act of 1979, 16 U.S.C. 
470aa-mm
 Title 54, Chapter 3125--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170
 Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C.

[[Page 32949]]

138 and 49 U.S.C. 303; 23 CFR part 774
 American Indian Religious Freedom Act, 42 U.S.C. 1996
 Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209
 Clean Water Act, 33 U.S.C. 1251-1377, Sections 401, 404, and 
319
 Rivers and Harbors Act of 1899, 33 U.S.C. 403
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931
 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(3)
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777
 Flood Disaster Protection Act, 42 U.S.C. 4001-4128
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6
 Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C. 138 and 49 U.S.C. 303; and 23 CFR part 774
 Land and Water Conservation Fund (LWCF), Public Law 88-578, 78 
Stat. 897 (known as Section 6(f))
 Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act of 1986 (SARA), 
42 U.S.C. 9671-9675
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k
 Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 
319
 E.O. 11990, Protection of Wetlands
 E.O. 11988, Floodplain Management (except approving design 
standards and determinations that a significant encroachment is the 
only practicable alternative under 23 CFR 650.113 and 650.115)
 E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations
 E.O. 11593, Protection and Enhancement of Cultural Resources
 E.O. 13007, Indian Sacred Sites
 E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments
 E.O. 13122 and E.O. 13751, Invasive Species
 Planning and Environmental Linkages, 23 U.S.C. 168, except for 
those FHWA responsibilities associated with 23 U.S.C. 134 and 135
 Programmatic Mitigation Plans, 23 U.S.C. 169 except for those 
FHWA responsibilities associated with 23 U.S.C. 134 and 135

    The MOU allows the State to act in the place of FHWA in carrying 
out the functions described above, except with respect to government-
to-government consultations with federally recognized Indian Tribes. 
The FHWA will retain responsibility for conducting formal government-
to-government consultation with federally recognized Indian Tribes, 
which is required under some of the above-listed laws and Executive 
Orders. The State may also assist FHWA with formal consultations, with 
consent of a tribe, but FHWA remains responsible for the consultation.
    This assignment includes transfer to the State of Nebraska the 
obligation to fulfill the assigned environmental responsibilities on 
any proposed projects meeting the criteria in Stipulation 1(B) of the 
MOU that were determined to be CEs prior to the effective date of the 
proposed MOU but that have not been completed as of the effective date 
of the MOU.
    The FHWA will consider the comments submitted on the proposed MOU 
when making its decision on whether to execute this MOU. The FHWA will 
make the final, executed MOU publicly available.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority:  23 U.S.C. 326; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 
40 CFR 1507.3, 1508.4.

Joseph A. Werning,
Division Administrator, Federal Highway Administration.
[FR Doc. 2018-15099 Filed 7-13-18; 8:45 am]
 BILLING CODE 4910-22-P



                                                32948                           Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices

                                                Ogden Avenue, Downers Grove, Illinois                    because Federal offices experience                    Transportation (Secretary), to assign,
                                                60515, attention Pete Foernssler.                        intermittent mail delays from security                and a State to assume, responsibility for
                                                Comments and questions concerning the                    screening.                                            determining whether certain highway
                                                proposed action and this notice should                      Federal eRulemaking Portal: Go to                  projects are included within classes of
                                                be directed to the Illinois Tollway at the               website: http://www.regulations.gov/.                 action that are categorically excluded
                                                address provided above by the close of                   Follow the instructions for submitting                (CE) from requirements for
                                                business on August 24, 2018.                             comments on the DOT electronic docket                 environmental assessments or
                                                  Authority: 23 U.S.C. 315; 23 CFR 771.123.              site.                                                 environmental impact statements
                                                (Catalog of Federal Domestic Assistance
                                                                                                            Facsimile (Fax): 1–202–493–2251.                   pursuant to the National Environmental
                                                Program Number 20.205, Highway Planning                     Mail: Docket Management Facility;                  Policy Act of 1969, 42 U.S.C. 4321 et
                                                and Construction. The regulations                        U.S. Department of Transportation, 1200               seq. (NEPA). In addition, this program
                                                implementing Executive Order 12372                       New Jersey Ave. SE, Washington, DC                    allows the assignment of other
                                                regarding intergovernmental consultation on              20590.                                                environmental review requirements
                                                Federal programs and activities apply to this               Hand Delivery: 1200 New Jersey                     applicable to Federal highway projects.
                                                program.)                                                Avenue SE, Washington, DC 20590,                      The FHWA is authorized to act on
                                                  Issued on: July 9, 2018.                               between 9 a.m. and 5 p.m., Eastern                    behalf of the Secretary with respect to
                                                Division Administrator,                                  Time, Monday through Friday, except                   these matters.
                                                Springfield, Illinois.                                   Federal holidays.                                        The FHWA would execute Nebraska’s
                                                                                                            For access to the docket to view a                 participation in this program through an
                                                [FR Doc. 2018–15097 Filed 7–13–18; 8:45 am]
                                                                                                         complete copy of the proposed MOU, or                 MOU. Statewide decision making
                                                BILLING CODE 4910–22–P
                                                                                                         to read background documents or                       responsibility would be assigned for all
                                                                                                         comments received, go to http://                      activities within the categories listed in
                                                DEPARTMENT OF TRANSPORTATION                             www.regulations.gov/ at any time, or to               23 CFR 771.117(c) and those listed as
                                                                                                         1200 New Jersey Avenue SE,                            examples in 23 CFR 771.111(d), and any
                                                Federal Highway Administration                           Washington, DC 20590, between 9 a.m.                  activities added through FHWA
                                                                                                         and 5 p.m., Eastern Time, Monday                      rulemaking to those listed in 23 CFR
                                                [Docket No. FHWA–2018–0033]                                                                                    771.117(c) or example activities listed in
                                                                                                         through Friday, except Federal holidays.
                                                                                                            Instructions: You must include the                 23 CFR 771.117(d) after the date of the
                                                Proposed Memorandum of
                                                                                                         agency name and docket number at the                  execution of this MOU. In addition to
                                                Understanding (MOU) Assigning
                                                                                                         beginning of your comments. All                       the NEPA CE determination
                                                Certain Federal Environmental
                                                                                                         comments received will be posted                      responsibilities, the MOU would assign
                                                Responsibilities to the State of
                                                                                                         without change to http://                             to the State the responsibility for
                                                Nebraska, Including National
                                                                                                         www.regulations.gov, including any                    conducting Federal environmental
                                                Environmental Policy Act (NEPA)
                                                                                                         personal information provided.                        review, consultation, and other related
                                                Authority for Certain Categorical
                                                                                                         FOR FURTHER INFORMATION CONTACT: For                  activities for projects that are subject to
                                                Exclusions (CEs)
                                                                                                         FHWA: Melissa Maiefski; by email at                   the MOU with respect to the following
                                                AGENCY:  Federal Highway                                 Melissa.Maiefski@dot.gov or by                        Federal laws and Executive Orders:
                                                Administration (FHWA), DOT.                              telephone at 402–742–8473. The                        • Clean Air Act (CAA), 42 U.S.C. 7401–
                                                ACTION: Notice of proposed MOU,                          Nebraska Division Office’s normal                        7671q. Including determinations for
                                                request for comments.                                    business hours are 8 a.m. to 5:00 p.m.                   project-level conformity if required for
                                                                                                         (Central Standard Time), Monday                          the project
                                                SUMMARY:   The FHWA and the State of                     through Friday, except Federal holidays.              • Noise Control Act of 1972, 42 U.S.C.
                                                Nebraska, acting by and through its                      For the State of Nebraska: Brandie                       4901–4918
                                                Department of Transportation (State),                    Neemann: By email at                                  • Compliance with the noise
                                                propose participation of the State in the                Brandie.Neemann@nebraska.gov or by                       regulations in 23 CFR part 772 (except
                                                Categorical Exclusion Assignment                         telephone at 402–479–4795. The                           approval of the State noise policy in
                                                program. This program allows FHWA to                     Nebraska Department of                                   accordance with 23 CFR 772.7)
                                                assign its authority and responsibility                  Transportation’s business hours are 8                 • Section 7 of the Endangered Species
                                                for determining whether certain                          a.m. to 5 p.m. (Central Standard Time),                  Act of 1973, 16 U.S.C. 1531–1544, and
                                                designated activities within the                         Monday through Friday, except State                      1536
                                                geographic boundaries of the State, as                                                                         • Fish and Wildlife Coordination Act,
                                                                                                         and Federal holidays.
                                                specified in the proposed Memorandum                                                                              16 U.S.C. 661–667d
                                                of Understanding (MOU), are                              SUPPLEMENTARY INFORMATION:                            • Migratory Bird Treaty Act, 16 U.S.C.
                                                categorically excluded from preparation                  Electronic Access                                        703–712
                                                of an environmental assessment or an                                                                           • Bald and Golden Eagle Treaty Act, as
                                                                                                           Internet users may reach the Office of                 amended, 16 U.S.C. 668–668c
                                                environmental impact statement under
                                                the National Environmental Policy Act.
                                                                                                         the Federal Register’s home page at:                  • Section 106 of the National Historic
                                                                                                         http://www.archives.gov/ and the                         Preservation Act of 1966, as amended,
                                                DATES: Comments must be received on                      Government Publishing Office’s                           54 U.S.C. 306108
                                                or before August 15, 2018.                               database at: http://www.fdsys.gov/. An                • Archeological Resources Protection
                                                ADDRESSES: You may submit comments,                      electronic version of the proposed MOU                   Act of 1979, 16 U.S.C. 470aa–mm
                                                identified by DOT Document                                                                                     • Title 54, Chapter 3125—Preservation
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         may be downloaded by accessing the
                                                Management System (DMS) Docket                           DOT DMS docket, as described above, at                   of Historical and Archeological Data,
                                                Number FHWA–2018–0033, by any of                         http://www.regulations.gov.                              54 U.S.C. 312501–312508
                                                the methods described below. To ensure                                                                         • Native American Grave Protection
                                                that you do not duplicate your                           Background
                                                                                                                                                                  and Repatriation Act (NAGPRA), 25
                                                submissions, please submit them by                         Section 326 of Title 23 U.S. Code,                     U.S.C. 3001–3013; 18 U.S.C. 1170
                                                only one of the means below. Electronic                  creates a program that allows the                     • Section 4(f) of the Department of
                                                or facsimile comments are preferred                      Secretary of the U.S. Department of                      Transportation Act of 1966, 23 U.S.C.


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                                                                                Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices                                           32949

                                                    138 and 49 U.S.C. 303; 23 CFR part                      The MOU allows the State to act in                 required the National Research Council
                                                    774                                                  the place of FHWA in carrying out the                 of the National Academy of Sciences
                                                •   American Indian Religious Freedom                    functions described above, except with                (NAS) to conduct a study of FMCSA’s
                                                    Act, 42 U.S.C. 1996                                  respect to government-to-government                   Compliance, Safety, Accountability
                                                •   Farmland Protection Policy Act                       consultations with federally recognized               (CSA) program and the Safety
                                                    (FPPA), 7 U.S.C. 4201–4209                           Indian Tribes. The FHWA will retain                   Measurement System (SMS). NAS
                                                •   Clean Water Act, 33 U.S.C. 1251–                     responsibility for conducting formal                  published their report titled,
                                                    1377, Sections 401, 404, and 319                     government-to-government consultation                 ‘‘Improving Motor Carrier Safety
                                                •   Rivers and Harbors Act of 1899, 33                   with federally recognized Indian Tribes,              Measurement’’ on June 27, 2017. This
                                                    U.S.C. 403                                           which is required under some of the                   notice announces that FMCSA will not
                                                •   Wild and Scenic Rivers Act, 16 U.S.C.                above-listed laws and Executive Orders.               complete the enhancements previously
                                                    1271–1287                                            The State may also assist FHWA with                   proposed and the preview is removed
                                                •   Emergency Wetlands Resources Act,                    formal consultations, with consent of a               from the SMS website.
                                                    16 U.S.C. 3921, 3931                                 tribe, but FHWA remains responsible for               FOR FURTHER INFORMATION CONTACT: Ms.
                                                •   Wetlands Mitigation, 23 U.S.C.                       the consultation.                                     Barbara Baker, Compliance Division,
                                                    103(b)(6)(m), 133(b)(3)                                 This assignment includes transfer to               Federal Motor Carrier Safety
                                                •   FHWA wetland and natural habitat                     the State of Nebraska the obligation to               Administration, 1200 New Jersey
                                                    mitigation regulations, 23 CFR part                  fulfill the assigned environmental                    Avenue SE, Washington, DC 20590,
                                                    777                                                  responsibilities on any proposed                      Telephone (202) 366–3397 or by email
                                                •   Flood Disaster Protection Act, 42                    projects meeting the criteria in                      at Barbara.Baker@dot.gov. Office hours
                                                    U.S.C. 4001–4128                                     Stipulation 1(B) of the MOU that were                 are from 8:00 a.m. to 5:00 p.m., ET,
                                                •   Safe Drinking Water Act (SDWA), 42                   determined to be CEs prior to the                     Monday through Friday, except Federal
                                                    U.S.C. 300f–300j–6                                   effective date of the proposed MOU but                holidays. If you have questions
                                                •   Section 4(f) of the Department of                    that have not been completed as of the                regarding viewing or submitting
                                                    Transportation Act of 1966, 23 U.S.C.                effective date of the MOU.                            material to the docket, contact Docket
                                                    138 and 49 U.S.C. 303; and 23 CFR                       The FHWA will consider the                         Services, telephone (202) 366–9826.
                                                    part 774                                             comments submitted on the proposed                    SUPPLEMENTARY INFORMATION:
                                                •   Land and Water Conservation Fund                     MOU when making its decision on
                                                    (LWCF), Public Law 88–578, 78 Stat.                  whether to execute this MOU. The                      Background
                                                    897 (known as Section 6(f))                          FHWA will make the final, executed                    June 2015 Notice
                                                •   Comprehensive Environmental                          MOU publicly available.
                                                    Response, Compensation, and                                                                                  On June 29, 2015 (80 FR 37037),
                                                    Liability Act (CERCLA), 42 U.S.C.                    (Catalog of Federal Domestic Assistance               FMCSA proposed the SMS
                                                                                                         Program Number 20.205, Highway Planning               enhancements and requested initial
                                                    9601–9675                                            and Construction. The regulations
                                                •   Superfund Amendments and                                                                                   comments in advance of providing
                                                                                                         implementing Executive Order 12372                    motor carriers with a preview of how
                                                    Reauthorization Act of 1986 (SARA),                  regarding intergovernmental consultation on
                                                    42 U.S.C. 9671–9675                                  Federal programs and activities apply to this         their safety performance data would be
                                                •   Resource Conservation and Recovery                   program.)                                             presented on the SMS website. The
                                                    Act (RCRA), 42 U.S.C. 6901–6992k                                                                           proposed changes included:
                                                                                                           Authority: 23 U.S.C. 326; 42 U.S.C. 4331,             1. Changing some of the SMS
                                                •   Landscaping and Scenic                               4332; 23 CFR 771.117; 40 CFR 1507.3,
                                                                                                                                                               Intervention Thresholds to better reflect
                                                    Enhancement (Wildflowers), 23                        1508.4.
                                                                                                                                                               the Behavior Analysis and Safety
                                                    U.S.C. 319                                           Joseph A. Werning,
                                                •   E.O. 11990, Protection of Wetlands                                                                         Improvement Categories’ (BASICs)
                                                •   E.O. 11988, Floodplain Management                    Division Administrator, Federal Highway               correlation to crash risk.
                                                                                                         Administration.                                         2. Two changes to the Hazardous
                                                    (except approving design standards
                                                                                                         [FR Doc. 2018–15099 Filed 7–13–18; 8:45 am]           Materials (HM) Compliance BASIC:
                                                    and determinations that a significant                                                                        a. Segmenting the HM Compliance
                                                                                                         BILLING CODE 4910–22–P
                                                    encroachment is the only practicable                                                                       BASIC by Cargo Tank (CT) and non-CT
                                                    alternative under 23 CFR 650.113 and                                                                       carriers; and
                                                    650.115)                                                                                                     b. Releasing motor carrier percentile
                                                                                                         DEPARTMENT OF TRANSPORTATION
                                                •   E.O. 12898, Federal Actions to                                                                             rankings under the HM Compliance
                                                    Address Environmental Justice in                     Federal Motor Carrier Safety                          BASIC to the public.
                                                    Minority Populations and Low                         Administration                                          3. Reclassifying violations for
                                                    Income Populations                                                                                         operating while Out of Service (OOS)
                                                •   E.O. 11593, Protection and                           [Docket No. FMCSA–2015–0149]
                                                                                                                                                               under the Unsafe Driving BASIC rather
                                                    Enhancement of Cultural Resources                                                                          than the BASIC of the underlying OOS
                                                •   E.O. 13007, Indian Sacred Sites                      Withdrawal of Proposed
                                                                                                         Enhancements to the Safety                            violation.
                                                •   E.O. 13175 Consultation and                                                                                  4. Increasing the maximum Vehicle
                                                    Coordination with Indian Tribal                      Measurement System
                                                                                                                                                               Miles Traveled used in the Utilization
                                                    Governments                                          AGENCY: Federal Motor Carrier Safety                  Factor to more accurately reflect the
                                                •   E.O. 13122 and E.O. 13751, Invasive                  Administration (FMCSA), DOT.                          operations of high-utilization carriers.
                                                    Species                                              ACTION: Notice.                                         The Agency’s analysis and
                                                •
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                                                    Planning and Environmental                                                                                 explanations were provided in the June
                                                    Linkages, 23 U.S.C. 168, except for                  SUMMARY:  On June 29, 2015 and October                29, 2015, notice. Stakeholders had 30
                                                    those FHWA responsibilities                          5, 2016, FMCSA proposed                               days to submit comments. The comment
                                                    associated with 23 U.S.C. 134 and 135                enhancements to the Agency’s Safety                   period ended on July 29, 2015.
                                                •   Programmatic Mitigation Plans, 23                    Measurement System (SMS) and
                                                    U.S.C. 169 except for those FHWA                     published a preview version of the                    October 2016 Notice
                                                    responsibilities associated with 23                  changes. However, the Fixing America’s                  The October 5, 2016, Federal Register
                                                    U.S.C. 134 and 135                                   Surface Transportation Act (FAST Act)                 notice (81 FR 69185) announced a


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Document Created: 2018-07-14 00:53:50
Document Modified: 2018-07-14 00:53:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed MOU, request for comments.
DatesComments must be received on or before August 15, 2018.
ContactFor FHWA: Melissa Maiefski; by email at [email protected] or by telephone at 402-742-8473. The Nebraska Division Office's normal business hours are 8 a.m. to 5:00 p.m. (Central Standard Time), Monday through Friday, except Federal holidays. For the State of Nebraska: Brandie Neemann: By email at [email protected] or by telephone at 402-479-4795. The Nebraska Department of Transportation's business hours are 8 a.m. to 5 p.m. (Central Standard Time), Monday through Friday, except State and Federal holidays.
FR Citation83 FR 32948 

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