[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Notices]
[Pages 60750-60751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24249]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2008-0140]


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

AGENCY: Federal Highway Administration (FHWA), Alaska 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 Alaska Department 
of Transportation and Public Facilities (State) 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 November 28, 2008.

ADDRESSES: You may submit comments identified by Federal Document 
Management System (FDMS) Docket Number FHWA-2008-0140, or by any of the 
following methods:
    Web site: http://www.regulations.gov.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington, 
DC 20590-0001
    Hand Delivery: U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., Room W12-140, Washington DC, 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 any time or go to the ground floor, 
U.S. Department of Transportation, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington DC, between 9 a.m. and 5 p.m. (EST), Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Tim Haugh, Environmental Program 
Manager, FHWA Alaska Division, 709 West 9th Street, Room 851, Juneau, 
AK 99802, Office Hours 7 a.m. to 3:30 p.m. (AST) Monday through Friday, 
(907) 586-7418, [email protected]; or William Ballard, Statewide 
Environmental Manager, Statewide Design and Engineering Services, 
Alaska Department of Transportation and Public Facilities, P.O. Box 
112500, Juneau, AK 99811-2500, Office Hours 8 a.m. to 4:30 p.m. (AST) 
Monday through Friday, (907) 465-6954, [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 FDMS docket, as 
described above, at http://www.regulations.gov.

[[Page 60751]]

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, 42 U.S.C. 7401-7671q, determinations for project-
level conformity if required for the project
2. Compliance with the noise regulations in 23 CFR 772
3. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544, and Section 1536 (except as specified in Stipulation II.B.2 of 
the MOU)
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. Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668c
10. Section 106 of the National Historic Preservation Act of 1966, as 
amended, 16 U.S.C. 470(f) et seq.
11. Section 4(f) of the Department of Transportation Act of 1966, 23 
U.S.C. 138 and 49 U.S.C. 303
12. Archaeological and Historic Preservation Act of 1966, as amended, 
16 U.S.C. 469-469(c)
13. American Indian Religious Freedom Act, 42 U.S.C. 1996
14. Farmland Protection Policy Act, 7 U.S.C. 4201-4209
15. Clean Water Act, 33 U.S.C. 1251-1377
16. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
17. Coastal Zone Management Act, 16 U.S.C. 1451-1465
18. Safe Drinking Water Act, 42 U.S.C. 300f-300j-6
19. Rivers and Harbors Act of 1899, 33 U.S.C. 401-406
20. Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
21. Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931
22. Transportation Equity Act of the 21st Century, 23 U.S.C. 
103(b)(6)(m) and 133(b)(11)
23. Flood Disaster Protection Act, 42 U.S.C. 4001-4128
24. Land and Water Conservation Fund, 16 U.S.C. 4601-4604
25. Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9601-9675
26. Superfund Amendments and Reauthorization Act of 1986
27. Resource Conservation and Recovery Act, 42 U.S.C. 6901-6992k
28. Landscaping and Scenic Enhancement, 23 U.S.C. 319
29. E.O. 11990, Protection of Wetlands
30. E.O. 11988, Floodplain Management
31. E.O. 12898, Federal Actions to Address Environmental Justice in 
Minority Populations and Low Income Populations
32. E.O. 11593, Protection and Enhancement of the Cultural Environment
33. E.O. 13007, Indian Sacred Sites
34. E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments
35. 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 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 FDMS 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.state.ak.us/stwddes/dcsenviron/index.shtml.
    Once the FHWA makes a decision on the proposed MOU, the FHWA will 
place in the FDMS 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 of Alaska at the addresses provided above, or by viewing the 
documents at http://www.dot.state.ak.us/stwddes/dcsenviron/index.shtml.

(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: October 6, 2008.
David C. Miller,
Division Administrator, Juneau, Alaska.
 [FR Doc. E8-24249 Filed 10-10-08; 8:45 am]
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