[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Pages 61370-61371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24327]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2014-0024]


Application From the State of Texas Under the Surface 
Transportation Project Delivery Program and Proposed Memorandum of 
Understanding (MOU) Assigning FHWA's Environmental Review 
Responsibilities to the State

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed MOU and request for comments.

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SUMMARY: This notice announces that the FHWA has received and reviewed 
an application from the Texas Department of Transportation (State) 
requesting participation in the Surface Transportation Project Delivery 
Program (Program). This Program allows for States to apply to assume, 
and for FHWA to assign, environmental review responsibilities under the 
National Environmental Policy Act of 1969 (NEPA), and all or part of 
FHWA's responsibilities for environmental reviews, consultations, or 
other actions required under any Federal environmental law with respect 
to one or more Federal highway projects within the State. The FHWA has 
determined the application to be complete, and developed a draft MOU 
with the State outlining how the State will implement the program, with 
FHWA oversight. The public and agencies are now invited to comment on 
the State's request and the draft MOU. In particular, FHWA seeks 
comments on the proposed scope of the assignments and assumptions of 
responsibilities set out in the draft MOU for environmental reviews, 
consultations, and other activities to be assigned.

DATES: Please submit comments by November 10, 2014.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Facsimile (Fax): 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., West Building Ground, Floor 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Ave. SE., Washington, DC 20590 between 9:00 a.m. and 
5:00 p.m. e.t., 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: Michael T. Leary, Director of Planning 
and Program Development, Federal Highway Administration Texas Division, 
300 E. 8 St., Room 826, Austin, TX 78701, 7:00 a.m.-4:30 p.m. c.t., 
(512) 536-5940, [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this notice may be downloaded from the 
Federal Register's home page at http://www.archives.gov and the 
Government Printing Office's database at http://www.access.gpo.gov/nara. An electronic version of the application materials and proposed 
MOU may be downloaded by accessing the DOT DMS docket, as described 
above, at http://www.regulations.gov/.

Background

    Section 327 of title 23, United States Code (U.S.C.), allows for 
States to apply to assume, and for the Secretary of the USDOT 
(Secretary) to assign, the Secretary's NEPA responsibilities and all or 
part of the Secretary's responsibilities for environmental review, 
consultation, or other actions required under any other Federal 
environmental law with respect to one or more Federal highway projects. 
The FHWA is authorized to act on behalf of the Secretary with respect 
to these matters.
    The State has submitted application materials requesting to 
participate in this Program. The FHWA has reviewed these application 
materials, which include public and agency comments on the application 
and has determined them complete. The FHWA and the State have developed 
a draft MOU outlining how the State will implement the Program and how 
FHWA will oversee the State's implementation as required by 23 U.S.C. 
327. The FHWA now seeks public comments on the State's request pursuant 
to 23 CFR 773.111(a).
    Under the proposed MOU, FHWA would assign to the State the NEPA 
environmental review responsibilities for the following Federal highway 
projects:
    1. Projects requiring environmental impact statements (EIS), both 
on the State highway system (SHS) and local government projects off the 
SHS that FHWA funds or that require FHWA approvals, except the 
following EIS projects, which FHWA will not assign: Harbor Bridge, 
Trinity Parkway, and South Padre Island Causeway 2.
    2. Projects requiring environmental assessments, both on the SHS 
and local government projects off the SHS that FHWA funds or that 
require FHWA approvals.
    3. Projects qualifying for categorical exclusions (CE), both on the 
SHS and local government projects off the SHS that FHWA funds or that 
require FHWA approvals. The FHWA previously signed a MOU with the State 
assigning CE responsibility under the authority in 23 U.S.C. 326. Upon 
execution of this MOU, the 23 U.S.C. 326 CE MOU between FHWA and the 
State will be terminated, and projects included under that MOU will be 
assumed under the Program.
    4. Highway projects within the State that other Federal agencies 
fund [or projects without any Federal funding] that also include FHWA 
funding or that require FHWA approvals. For these projects, the 
assigned environmental

[[Page 61371]]

review responsibilities would be limited to those that FHWA would 
otherwise have.
    The FHWA's NEPA responsibilities include those established in 
implementing procedures such as 40 CFR parts 1500-1508, DOT Order 
5610.1C, 23 CFR part 771, and those established through other NEPA-
related provisions such as 23 U.S.C. 139. In addition to the NEPA 
review responsibilities associated with the above categories of 
projects, the assignment would include FHWA's responsibilities 
associated with these projects under the following environmental 
review, consultation, and other related requirements:

Air Quality

     Clean Air Act (CAA), 42 U.S.C. 7401-7671q, with the 
exception of any conformity determinations.

Noise

     Noise Control Act of 1972, 42 U.S.C. 4901-4918.
     Compliance with the noise regulations in 23 CFR part 772.

Wildlife

     Endangered Species Act of 1973, 16 U.S.C. 1531-1544.
     Marine Mammal Protection Act, 16 U.S.C. 1361-1423h.
     Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f.
     Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d.
     Migratory Bird Treaty Act, 16 U.S.C. 703-712.
     Magnuson-Stevens Fishery Conservation and Management Act 
of 1976, as amended, 16 U.S.C. 1801 et seq., with Essential Fish 
Habitat requirements at 1855(b)(2).

Historic and Cultural Resources

     National Historic Preservation Act of 1966, as amended, 16 
U.S.C. 470 et seq.
     23 U.S.C. 138 (``Section 4(f)'') and 49 U.S.C. 303 and 
implementing regulations at 23 CFR part 774.
     Archaeological Resources Protection Act of 1977, 16 U.S.C. 
470aa-470mm.
     Archeological and Historic Preservation Act of 1966, as 
amended, 16 U.S.C. 469-469c.
     Native American Graves Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170.

Social and Economic Impacts

     American Indian Religious Freedom Act, 42 U.S.C. 1996.
     Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209.

Water Resources and Wetlands

     Clean Water Act, 33 U.S.C. 1251-1387 (Section 401, 402, 
404, 408, Section 319).
     Coastal Barrier Resources Act, 16 U.S.C. 3501-3510.
     Coastal Zone Management Act, 16 U.S.C. 1451-1466.
     Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-26.
     General Bridge Act of 1946, 33 U.S.C. 525-533.
     Rivers and Harbors Act of 1899, 33 U.S.C. 401-406.
     Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287.
     Emergency Wetlands Resources Act, 16 U.S.C. 3901, 3921.
     Wetlands Mitigation, 23 U.S.C. 119(g), 133 (b)(14).
     Flood Disaster Protection Act, 42 U.S.C. 4001-4130.

Parklands and Other Special Uses

     23 U.S.C. 138 and 49 U.S.C. 303, and implementing 
regulations at 23 CFR part 774.
     Land and Water Conservation Fund Act, 16 U.S.C. 4601-4 to 
4601-11.

FHWA-Specific

     Planning and Environmental Linkages, 23 U.S.C. 168, with 
the exception of those FHWA responsibilities associated with 23 U.S.C. 
134 and 135.
     Programmatic Mitigation Plans, 23 U.S.C. 169, with the 
exception of those FHWA responsibilities associated with 23 U.S.C. 134 
and 135.

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. 13112, Invasive Species.
    The MOU would allow the State to act in the place of FHWA for 
highway projects 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 government-to-government consultation with FHWA upon 
request. The State also may assist FHWA with formal consultations, with 
consent of a tribe, but FHWA remains responsible for the formal 
consultation. The State also will not assume FHWA's responsibilities 
for conformity determinations required under section 176 of the CAA or 
any responsibility under 23 U.S.C. 134 or 135, or under 49 U.S.C. 5303 
or 5304.
    A copy of the application materials and proposed MOU may be viewed 
on the DOT DMS Docket, as described above, or may be obtained by 
contacting FHWA or the State at the addresses provided above. A copy 
also may be viewed on the State's Web site at www.txdot.gov.
    The FHWA will consider the comments submitted when making its 
decision to approve the application and execute the MOU. Any final MOU 
approved by FHWA may include changes based on comments received on the 
proposed MOU.

(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. 327; 42 U.S.C. 4331, 4332; 23 CFR part 773.

    Issued on: October 7, 2014.
Gregory G. Nadeau,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2014-24327 Filed 10-9-14; 8:45 am]
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