[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75900-75901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26340]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2016-0026]


Application From the State of Florida to the Surface 
Transportation Project Delivery Program and Proposed Memorandum of 
Understanding (MOU) Assigning Environmental Responsibilities to the 
State

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed MOU and request for comments.

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

SUMMARY: This notice announces that FHWA has received and reviewed an 
application from the Florida Department of Transportation (FDOT) 
requesting participation in the Surface Transportation Project Delivery 
Program (Program). This Program allows for FHWA to assign, and States 
to assume, responsibilities under the National Environmental Policy Act 
of 1969 (NEPA), and all or part of FHWA's responsibilities for 
environmental review, consultation, or other actions required under any 
Federal environmental law with respect to one or more Federal-aid 
highway projects within the State. The FHWA has determined that the 
application is complete, and developed a draft MOU with FDOT outlining 
how the State would implement the program with FHWA oversight. The FHWA 
invites the public to comment on FDOT's request, including its 
application, and the proposed MOU, which includes the proposed 
assignments and assumptions of environmental review, consultation, and 
other activities.

DATES: Please submit comments by December 1, 2016.

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: Benito Cunill, Team Leader 
Environmental Program, Federal Highway Administration Florida Division, 
3500 Financial Plaza, Suite 400, Tallahassee, FL 32312, 8:00 a.m.-4:00 
p.m. e.t., (850) 553-2224, [email protected].
    Ken Morefield, Director, Office of Environmental Management, 
Florida Department of Transportation, 605 Suwannee Street, MS 37, 
Tallahassee, FL 32399-0450, 8:00 a.m.-4:00 p.m. e.t, (850) 414-4316, 
[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. 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 (23 U.S.C. 327), allows 
the Secretary of the Department of Transportation (Secretary), to 
assign, and a State to assume, responsibility for all or part of FHWA's 
responsibilities for environmental review, consultation, or other 
actions required under any Federal environmental law with respect to 
one or more Federal-aid highway projects within the State pursuant to 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
The FHWA is authorized to act on behalf of the Secretary with respect 
to these matters.
    Under the proposed MOU, FHWA would assign to the State, through 
FDOT, the responsibility for making decisions on the following types of 
highway projects:
    1. All Class I, or Environmental Impact Statement (EIS) projects, 
both on the State Highway System (SHS) and Local Agency Program (LAP) 
projects off the SHS that are funded by FHWA or require FHWA approvals.
    2. All Class II, or Categorically Excluded (CE), projects, both on 
the SHS and LAP projects off the SHS, that are funded by FHWA or 
require FHWA approvals.
    3. All Class III, or Environmental Assessment (EA) projects, both 
on the SHS and LAP projects off the SHS, that are funded by FHWA or 
require FHWA approvals.
    4. The FDOT will not assume the NEPA responsibilities of other 
Federal agencies. However, FDOT may use or adopt other Federal 
agencies' NEPA analyses or documents consistent with 40 CFR parts 1500-
1508, current law, and DOT and FHWA regulations, policies, and 
guidance.
    Excluded from assignment are highway projects authorized under 23 
U.S.C. 202, 203, and 204 unless the project will be designed and/or 
constructed by FDOT, projects that cross State boundaries, and projects 
that cross or are adjacent to international boundaries. This assignment 
also does not include the environmental review associated with the 
development and approval of the Draft EIS, FEIS, and ROD for the 
following projects.

    a. I-4 Beyond the Ultimate (BTU) which consists of the three 
following project segments: Segment 2 FM # 242484-7 SR 400 (I-4) 
west of SR 528 (Beachline) to west of SR 435 Kirkman Rd; Segment 3 
FM # 242592-4 SR 400 (I-4) 1 mile east of SR 434 to east of SR 15/
600/US 17/92 Seminole/Volusia C/L; Segment 4 FM # 408464-2 SR 400 
(I-4) east of SR 15/600/US 17/92 to \1/2\ mile east of SR 472; and 
I-4 Ultimate

[[Page 75901]]

Segment FM # 242703-1 SR 400 (I-4) west of SR 435 (Kirkman Rd) to 
east of SR 434.
    b. Tampa Interstate Study (TIS) which consists of the three 
following project sections: Section 4 FM # 412531-1 (Note Sections 4 
and 5 have same Design FM #) I-275/SR 60 and Northwest/Veterans; 
Section 5 FM # 412531-1 (Note Sections 4 and 5 have same Design FM 
#) I-275 Lois to Hillsborough River; and Section 6 FM # 433821-1 I-
275/I-4 Downtown Interchange.

    The assignment also would give the State the responsibility to 
conduct the following environmental review, consultation, and other 
related activities for project delivery:

Air Quality

 Clean Air Act, 42 U.S.C. 7401-7671q, with the exception of 
project level conformity determinations (42 U.S.C. 7506)

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918
 FHWA noise regulations at 23 CFR part 772
 Airport Noise and Capacity Act of 1990, 49 U.S.C. 47521-47534

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. 1801-1891d, with Essential Fish Habitat 
requirements at 16 U.S.C. 1855(b)(2)

Hazardous Materials Management

 Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C. 
9671-9675
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k

Historic and Cultural Resources

 National Historic Preservation Act of 1966, as amended, 54 
U.S.C. 306101 et seq.
 23 U.S.C. 138 and Section 4(f) of the Department of 
Transportation Act of 1966, 49 U.S.C. 303, and implementing regulations 
at 23 CFR part 774
 Preservation of Historical and Archaeological Data, 54 U.S.C. 
312501-312508
 Archeological Resources Protection Act of 1979, 16 U.S.C. 
470(aa)-(mm)
 Native American Grave 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 (Sections 319, 401, and 
404)
 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
 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 and 3921
 Wetlands Mitigation, 23 U.S.C. 119(g) and 133(b)(14)
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777

Parklands and Other Special Land Uses

 Section 4(f) of the Department of Transportation Act of 1966, 
23 U.S.C. 138, 49 U.S.C. 303, and implementing regulations at 23 CFR 
part 774
 Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-
200310

FHWA-Specific

 Environmental Impact and Related Procedures, 23 CFR part 771
 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
 Efficient Project Reviews for Environmental Decision Making 23 
U.S.C. 139
 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 (E.O.) Relating to Highway Projects

 E.O. 11988, Floodplain Management, (except design matters and 
determinations that significant encroachment is the only practicable 
alternative under 23 CFR parts 625 and 650)
 E.O. 11990, Protection of Wetlands
 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 FDOT to act in the place of FHWA in carrying 
out the environmental review-related 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 FDOT 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 FDOT also 
may assist FHWA with formal consultations, with consent of a tribe, but 
FHWA remains responsible for the consultation. The FDOT also will not 
assume FHWA's responsibilities for conformity determinations required 
under Section 176 of the Clean Air Act (42 U.S.C. 7506), or any 
responsibility under 23 U.S.C. 134 or 135, or under 49 U.S.C. 5303 or 
5304.
    A copy of the 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 FDOT's Web 
site at: http://www.dot.state.fl.us/emo/NEPAAssignment.shtm.
    The FHWA Florida Division, in consultation with FHWA Headquarters, 
will consider the comments submitted when making its decision on the 
proposed MOU revision. Any final MOU approved by FHWA may include 
changes based on comments and consultations relating to the proposed 
MOU and will be made publicly available.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing E.O. 
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 771.101-
139; 23 CFR 773.109; and 40 CFR 1507.3.

    Issued on: October 24, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-26340 Filed 10-31-16; 8:45 am]
 BILLING CODE 4910-22-P