[Federal Register Volume 73, Number 70 (Thursday, April 10, 2008)]
[Notices]
[Pages 19582-19583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7572]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket Number FHWA-2008-0037]


Proposed Memorandum of Understanding (MOU) Assigning 
Environmental Responsibilities to the State of Utah

AGENCY: Federal Highway Administration (FHWA), Utah Division Office, 
DOT.

ACTION: Notice of proposed MOU and request for comments.

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SUMMARY: This notice announces that the FHWA and the Utah Department of 
Transportation, have developed a proposed MOU, pursuant to 23 U.S.C. 
326, under which the FHWA would assign to the State the FHWA's 
responsibility for determining whether a project is 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), and for carrying out 
certain other responsibilities for conducting environmental reviews, 
consultations, and related activities for Federal-aid highway projects. 
The public is invited to comment on any aspect of the proposed MOU, 
including the proposed designations of categorical exclusions and scope 
of environmental review, consultation and other activities to be 
assigned.

DATES: Please submit comments by May 27, 2008.

ADDRESSES: You may submit comments through the U.S. Document Management 
System (DMS), identified by Docket Number FHWA-2008-0037, or by any of 
the methods described below:
    Web site: http://www.udot.utah.gov/go/environmental.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
    Hand Delivery: Ground Floor Room W12-140, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001 
between 9 a.m. and 5 p.m. (EST), Monday through Friday, except Federal 
holidays.
    Docket: 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 anytime or go to the ground floor U.S. 
Department of Transportation, Room W12-140, 1200 New Jersey Avenue, 
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. (EST)., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Woolford, Environmental 
Program Manager, Federal Highway Administration, 2520 West 4700 South, 
Suite 9A, Salt Lake City, Utah 84118, Office Hours: 7 a.m. to 3:30 p.m. 
(MST), [email protected]; Ms. Rebecka Stromness, Environmental 
Program Manager, Utah Department of Transportation, 4501 South 2700 
West, Salt Lake City, Utah 84119, Office Hours 7 a.m. to 4:30 p.m. 
(MST), [email protected].

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 electronic 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), 
codified as Section 326 of amended Chapter 3 of Title 23, United States 
Code (23 U.S.C. 326), allows the Secretary of the United States 
Department of Transportation (USDOT 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 USDOT Secretary with respect 
to these matters. Under the proposed MOU, the FHWA would assign to the 
State the responsibility for making decisions on the following types of 
categorical exclusions:
    1. Activities listed in 23 CFR 771.117 (c);
    2. The example activities listed in 23 CFR 771.117(d); and
    3. Additional actions listed in Appendix A: None.
    The proposed MOU also 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:
    1. Clean Air Act (CAA), 42 U.S.C. 7401-7671q (determinations of 
project-level conformity if required for the project).
    2. Compliance with the noise regulations in 23 CFR Part 772.
    3. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544 and Section 1536.
    4. Marine Mammal Protection Act, 16 U.S.C. 1361.
    5. Anadromous Fish Conservation Act, 16 U.S.C. 757a-757g.
    6. Fish and Wildlife Coordination Act, 16 U.S.C., 661-667d.
    7. Migratory Bird Treaty Act, 16 U.S.C. 703-712.
    8. Magnuson-Stevens Fishery Conservation and Management Act of 
1976, as amended, 16 U.S.C. 1801 et seq.
    9. Section 106 of the National Historic Preservation Act of 1966, 
as amended, 16 U.S.C., 470(f) et seq.
    10. Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C. 138 and 49 U.S.C. 303.

[[Page 19583]]

    11. Archeological and Historic Preservation Act of 1966, as 
amended, 16 U.S.C., 469-469(c).
    12. American Indian Religious Freedom Act, 42 U.S.C. 1966.
    13. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209.
    14. Clean Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 401, 
Section 319).
    15. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510.
    16. Coastal Zone Management Act, 16 U.S.C. 1451-1465.
    17. Safe Drinking Water Act (SDWA), 42 U.S.C., 300f-300j-6.
    18. Rivers and Harbors Act of 1899, 33 U.S.C., 401-406.
    19. Wild and Scenic Rivers Act, 16 U.S.C., 1271-1287.
    20. Emergency Wetlands Resources Act, 16 U.S.C., 3921-3931.
    21. TEA-21 Wetlands Mitigation, 23 U.S.C., 103(b)(6)(m), 
133(b)(11).
    22. Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
    23. Land and Water Conservation Fund (LWCF), 16 U.S.C., 4601-4 
(known as section 6(f)).
    24. Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675.
    25. Superfund Amendments and Reauthorization Act of 1986 (SARA).
    26. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k.
    27. Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 
319.
    28. Executive Orders Relating to Highway Projects (E.O. 11990, 
Protection of Wetlands; E.O. 11988, Floodplain Management; 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, Consultation and 
Coordination with Indian Tribal Governments; E.O. 13112, Invasive 
Species).
    The MOU would allow the State to act in the place of the 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 listed laws and executive 
orders. The State will continue to handle routine consultations with 
the tribes and understands that a tribe has the right to direct 
consultation with the FHWA upon request. The State also may assist the 
FHWA with formal consultations, with consent of a tribe, but the FHWA 
remains responsible for the consultation. This assignment includes 
transfer to the State of Utah the obligation to fulfill the assigned 
environmental responsibilities on any proposed projects meeting the 
criteria in Stipulation I(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.
    A copy of the proposed MOU 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 online at 
the following URL: http://www.udot.utah.gov/go/environmental. Once the 
FHWA makes a decision on the proposed MOU, the FHWA will place in the 
DOT DMS Docket, a statement describing the outcome of the decision-
making process and a copy of the final MOU, if any. Copies of those 
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.udot.utah.gov/go/environmental.

(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 4, 2008.
Walter C. Waidelich, Jr.,
Division Administrator,Salt Lake City, Utah.
 [FR Doc. E8-7572 Filed 4-9-08; 8:45 am]
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