[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19460-19461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8481]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA--2010-0035]
Proposed Memorandum of Understanding Revision (MOU) Assigning
Certain Federal Environmental Responsibilities to the State of
California, Including National Environmental Policy Act (NEPA)
Authority for Certain Categorical Exclusions (CEs)
AGENCY: Federal Highway Administration (FHWA), California Division,
DOT.
ACTION: Notice of proposed MOU, request for comments.
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SUMMARY: This notice announces that the FHWA and the State of
California, acting by and through its Department of Transportation
(State), propose a time extension with minor changes to the MOU
pursuant to 23 U.S.C. 326. The MOU would extend the duration of use by
three years, transferring to the State the FHWA's authority and
responsibility for determining whether certain designated activities
within the geographic boundaries of the State, as specified in the
proposed MOU, are categorically excluded from preparation of an
environmental assessment or an environmental impact statement under the
National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.
(NEPA). Aside from editorial changes to the MOU, the following minor
changes would also be incorporated: (1) The State would be required to
submit a list of CE determinations annually as opposed to quarterly;
(2) the Federal Register notice of availability period would be
modified from 45 days to 30 days, where applicable; (3) upon
termination of the MOU, reversion of Federal responsibility back to
FHWA would become effective in 60 days as opposed to 30 days; (4) FHWA
would provide the State 24 hour notice, where practicable, prior to
attending meetings whereby another Federal agency has requested FHWA's
participation; (5) removal of E.O. 13175, Consultation and Coordination
with Indian Tribal Governments from the list of assigned
responsibilities.
DATES: Please submit comments by May 14, 2010.
ADDRESSES: You may submit comments, identified by DOT Document
Management System (DMS) Docket Number [FHWA-2010-0035], by any of the
methods described below. Electronic or facsimile comments are preferred
because Federal offices experience intermittent mail delays from
security screening.
1. Web site: http://www.regulations.gov. Follow the instructions
for submitting comments on the DOT electronic docket site.
2. Facsimile (Fax): 1-202-493-2251.
3. Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave., SE., Washington, DC 20590
between 9 a.m. and 5 p.m. e.t., 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 Ave, SE,
Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through
Friday, except for Federal holidays.
FOR FURTHER INFORMATION CONTACT: For FHWA: Aimee Kratovil, Federal
Highway Administration, California Division, 650 Capitol Mall, Suite 4-
100, Sacramento, CA 95814; by e-mail at [email protected] or by
telephone at 916-498-5866. The FHWA California Division Office's normal
business hours are 8 a.m. to 4:30 p.m. (Pacific Time), Monday--Friday,
except for Federal Holidays. For State: Cindy Adams, NEPA Delegation
Manager, California Department of Transportation, Division of
Environmental Analysis, MS27, P.O. Box 942874, Sacramento, CA,
94274-0001; by e-mail at [email protected]; by telephone at
(916) 653-5157. The California Department of Transportation's normal
business hours are 8 a.m. to 5 p.m. (Pacific Time), Monday-Friday,
except for State and Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this notice may be downloaded using a
computer, modem, and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may reach the Office of the Federal Register's
home page at http://www.archives.gov and the Government Printing
Office's Web site at http://www.access.gpo.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 6004(a) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-059, 119
Stat. 1144), codified as section 326 of amended Chapter 3 of title 23,
United States Code (23 U.S.C. 326), allows the Secretary of the DOT
(Secretary), to assign, and a State to assume, responsibility for
determining whether certain designated activities are included within
classes of action that are categorically excluded from requirements for
environmental assessments or environmental impact statements pursuant
to regulations promulgated by the Council on Environmental Quality
under part 1500 of title 40, Code of Federal Regulations (CFR) (as in
effect on October 1, 2003). The FHWA is authorized to act on behalf of
the Secretary with respect to these matters.
The FHWA and the State had previously entered into an MOU on June
6, 2007, for an initial term of three (3) years. The proposed MOU
revision is set to supersede the original MOU prior to its expiration
date on June 6, 2010. Stipulation I (B) of the MOU describes the types
of actions for which the State would assume project-level
responsibility for determining whether the criteria for a CE are met.
Statewide decision-making responsibility would be assigned for all
activities within the categories listed in 23 CFR 771.117(c), those
listed as examples in 23 CFR 771.117(d), and the following additional
categories of actions:
1. Construction, modification, or repair of storm water treatment
devices (e.g., detention basins, bio-swales, media filters, and
infiltration basins), protection measures such as slope stabilization
and other erosion control measures.
2. Replacement, modification, or repair of culverts or other
drainage facilities.
3. Projects undertaken to assure the creation, maintenance,
restoration, enhancement, or protection of habitat for fish, plants, or
wildlife (e.g., revegetation of disturbed areas with native plant
species; stream or river bank revegetation; construction of new, or
maintenance of existing fish passage
[[Page 19461]]
conveyances or structures; restoration or creation of wetlands).
4. Routine repair of facilities due to storm damage, including
permanent repair to return the facility to operational condition that
meets current standards of design and public health and safety without
expanding capacity (e.g., slide repairs, construction or repair of
retaining walls).
5. Routine seismic retrofit of facilities to meet current seismic
standards and public health and safety standards without expansion of
capacity.
6. Air space leases subject to subpart D, part 710, Title 23, Code
of Federal Regulations.
7. Drilling of test bores/soil sampling.
The scope of the assignment and terms and conditions of the
assignment are contained in the MOU. A copy of the MOU, together with
State documentation supporting the assignment of decision-making
authority under 23 CFR 771.117(d) for the seven categories of
activities listed above, may be viewed on the DOT DMS Docket, as
described above, or may be obtained by contacting the FHWA or the State
at the addresses provided above. A copy also may be viewed at http://www.dot.ca.gov/hq/env/nepa_pilot/imndex.htm.
The FHWA California Division, in consultation with FHWA
Headquarters, will consider the comments submitted when making its
decision on the proposed MOU revision. Once the FHWA makes a decision
on the proposed MOU revision, the FHWA will place in the DOT DMS Docket
a statement describing the outcome of the decision-making process and a
copy of any final MOU. The FHWA also will publish in the Federal
Register a notice of the FHWA decision and the availability of any
final MOU. Copies of the final documents also may be obtained by
contacting the FHWA or the State at the addresses provided above, or by
viewing the documents at http://www.dot.ca.gov/hq/env/nepa_pilot/imndex.htm.
(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.
Issued on: April 8, 2010.
Karen Bobo,
Director, Local Programs, Federal Highway Administration, Sacramento,
California.
[FR Doc. 2010-8481 Filed 4-13-10; 8:45 am]
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