[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Notices]
[Pages 14923-14926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04160]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2024-0014]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Cape Cod Bridges Program in Barnstable County, Massachusetts

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

ACTION: Notice of intent to prepare an environmental impact statement.

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

SUMMARY: The FHWA in coordination with the Massachusetts Department of 
Transportation Highway Division (MassDOT) is issuing this Notice of 
Intent (NOI) to solicit comments and advise the public, agencies, and 
stakeholders that an Environmental Impact Statement (EIS) will be 
prepared in accordance with the National Environmental Policy Act 
(NEPA) to study the potential environmental and related social and 
economic effects of proposed transportation improvements through the 
Cape Cod Bridges Program in the town of Bourne, Barnstable County, 
Massachusetts. The Cape Cod Bridges Program proposes critical 
transportation infrastructure improvements including replacement of the 
Bourne and Sagamore highway bridges spanning Cape Cod Canal; 
reconfiguration of the highway approach networks north and south of 
Cape Cod Canal to align with the replacement highway bridges; and 
provision of separated pedestrian and bicycle accommodations along the 
replacement bridges with connections to the local roadway network. This 
NOI contains a summary of the information required in the Council on 
Environmental Quality (CEQ) NEPA regulations. This NOI should be 
reviewed together with the Supplementary NOI Document, which includes 
important details about the Cape Cod Bridges Program and complements 
the information in this NOI. Persons and agencies who may be interested 
in or affected by the Cape Cod Bridges Program are encouraged to 
comment on the information in this NOI and the Supplementary NOI 
Document. All comments received in response to this NOI will be 
considered and any information presented herein may be revised in 
consideration of the comments.

DATES: Publication of this NOI initiates a 30-day public comment 
period. Comments on the NOI or the Supplementary NOI Document are to be 
received by FHWA through the methods below by April 1, 2024.

ADDRESSES: This NOI and the Supplementary NOI Document are also 
available in the docket referenced above at www.regulations.gov and on 
the Program website located at http://www.mass.gov/cape-bridges. The 
Supplementary NOI Document will be mailed upon request. Interested 
parties are invited to submit comments by any of the following methods:
    Website: For access to the documents, go to the Federal eRulemaking 
Portal located at www.regulations.gov or the Program website located at 
https://www.mass.gov/cape-bridges. Follow the online instructions for 
submitting comments.
    Mailing address or for hand delivery or courier: Cassandra 
Ostrander, Program Development Team Leader, Federal Highway 
Administration, 220 Binney Street, 9th Floor, Cambridge, Massachusetts 
02142. Office Hours: Monday through Friday (except Federal holidays) 
from 8 a.m. to 4:30 p.m.
    All submissions should include the agency name and the docket 
number that appears in the heading of this Notice. All comments 
received will be posted without change to www.regulations.gov, 
including any personal information provided. A summary of the comments 
will be included in the Draft EIS (DEIS).

FOR FURTHER INFORMATION CONTACT: 
    FHWA: Cassandra Ostrander, Program Development Team Leader, Federal 
Highway Administration, 220 Binney Street,9th Floor, Cambridge, 
Massachusetts 02142; email: [email protected]; (617) 494-
3113.
    MassDOT: Bryan Cordeiro, Project Manager, Massachusetts Department 
of Transportation, 10 Park Plaza, Suite 6340, Boston, Massachusetts 
02116; email: [email protected]; (774) 993-9632.

SUPPLEMENTARY INFORMATION: The FHWA and MassDOT are committed to public 
involvement for this study. The FHWA, as the Lead Federal Agency, and 
MassDOT, as sponsor and joint lead agency, are preparing an EIS for the 
Cape Cod Bridges Program to identify, analyze, and disclose the 
potential environmental and related social and economic effects of the 
Build and No Build alternatives. The EIS will be prepared in accordance 
with the requirements of the National Environmental Policy Act (NEPA) 
of 1969, as amended (42 United States Code [U.S.C.] 4321, et seq.); 23 
U.S.C. 139; Council on Environmental Quality (CEQ) regulations 
implementing NEPA (40 Code of Federal Regulations [CFR] 1500-1508); 
FHWA regulations implementing NEPA (23 CFR 771.101-771.139); and 
applicable Federal, State, and local laws and regulations.
    The Supplementary NOI Document provides additional information on 
the Purpose and Need for the proposed action, alternatives considered, 
and expected impacts on the human, natural and built environments. The 
FHWA requests comments and suggestions on the Purpose and Need, study 
alternatives and impacts, and the identification of any relevant 
information, studies or analyses of any kind concerning impacts to the 
quality of the human and natural environment. All public comments 
received in response to this NOI will be considered, and changes may be 
made to the study as appropriate.

Program Background

    The Bourne and Sagamore Bridges, which were simultaneously built 
between 1933 and 1935, are two high level, fixed span highway bridges 
spanning Cape Cod Canal in the town of Bourne, Barnstable County, 
Massachusetts. The New England District of the U.S. Army Corps of 
Engineers (USACE) owns, operates, and maintains the Bourne and Sagamore 
Bridges (collectively referred to as the Cape Cod Canal highway 
bridges) as part of the Cape Cod Canal Federal Navigation Project. The 
Cape Cod Canal highway bridges provide the only roadway access for the 
more than 35 million vehicles that cross Cape Cod Canal each year and 
serve as the gateway to Cape Cod for more than 250,000 year-round 
residents of the Cape and Islands (Barnstable, Dukes, and Nantucket 
counties), and millions of annual visitors to the region during the 
height of the summer tourist season between Memorial Day and Labor Day. 
As the only roadway access points between mainland Massachusetts and 
Cape Cod, and by extension to the islands of Martha's Vineyard and 
Nantucket via Cape Cod based ferry services, the Cape Cod Canal highway 
bridges serve as essential routes for general transportation, commerce, 
tourism, and evacuations in case of emergency. The Cape Cod Canal 
highway bridges, particularly the Bourne Bridge, also provide the only 
vehicular access points from the

[[Page 14924]]

mainland to major national defense facilities at Joint Base Cape Cod in 
the upper western portion of Cape Cod.
    In accordance with 23 U.S.C. 139(f)(4)(E)(ii) and 40 CFR 1501.12, 
the Cape Cod Bridges Program builds upon and references prior, multi-
year foundational studies, including:
    (1) The USACE Cape Cod Canal Bridges Major Rehabilitation 
Evaluation (MRE), which was completed to evaluate the current condition 
of the bridges and determine whether standard operation and 
maintenance, major rehabilitation, or replacement of either or both 
bridges would provide the most reliable, fiscally responsible solution 
for providing long-term vehicular access across Cape Cod Canal (https://www.nae.usace.army.mil/Missions/Projects-Topics/Cape-Cod-Canal-Bridges-Major-Rehabilitation-Study); and
    (2) The MassDOT Office of Transportation Planning (OTP) Cape Cod 
Canal Transportation Study, which was completed to identify and 
evaluate existing and future multimodal transportation deficiencies and 
needs of the existing roadway network around the Cape Cod Canal area 
(https://www.mass.gov/lists/cape-cod-canal-study-documents).
    On December 19, 2022, MassDOT requested that FHWA serve as lead 
Federal Agency for the Cape Cod Bridges Program. On January 20, 2023, 
FHWA responded in agreement to MassDOT's request. On August 11, 2023, 
FHWA determined the Cape Cod Bridges Program would require the 
preparation of an EIS to ensure full and fair discussion of significant 
environmental impacts are disclosed to decision makers and the public. 
This NOI initiates the FHWA NEPA review process.
    The following information provided in the NOI is supplemented with 
more detail in the Supplementary NOI Document.

(a) The Purpose and Need for the Proposed Action

    The purpose of the Cape Cod Bridges Program is to improve cross-
canal mobility and accessibility between Cape Cod and mainland 
Massachusetts for all road users and to address the increasing 
maintenance needs and functional obsolescence of the aging Cape Cod 
Canal highway bridges.
    The needs for the Cape Cod Bridges Program are as follows: address 
the deteriorating structural condition and escalating maintenance 
demands of the Cape Cod Canal highway bridges; address the substandard 
design elements of the Cape Cod Canal highway bridges, the immediate 
mainline approaches, and their adjacent interchanges and intersections; 
improve vehicular traffic operations; and improve accommodations for 
pedestrians and bicyclists.
    The Purpose and Need statement and supporting documentation, 
including data and public input summary, is included in the 
Supplementary NOI Document and will be available in the DEIS. The 
Purpose and Need may be revised based on consideration of public and 
agency comments received during the comment period for this NOI and 
during the Scoping process for the DEIS.

(b) Preliminary Description of the Proposed Action and Alternatives the 
Environmental Impact Statement Will Consider

    Pursuant to 23 U.S.C. 139(f)(4)(E)(ii) and 40 CFR 1501.2, the FHWA 
and MassDOT's Cape Cod Bridges Program EIS builds upon and references 
the analyses and findings of MassDOT's Cape Cod Canal Transportation 
Study and the USACE's Cape Cod Canal Highway Bridges MRER/EA. The Cape 
Cod Bridges Program EIS incorporates the USACE's proposed action to 
replace the Bourne and Sagamore Bridges with new adjacent highway 
bridges, with each structure providing four through-travel lanes and 
two auxiliary acceleration/deceleration lanes, updated to comply with 
current Federal and state highway design standards.
    Preliminary Description of the Proposed Action. The proposed action 
will replace the Bourne and Sagamore highway bridges with parallel, 
twin tied-arch bridge structures supported on Delta frames with an 
approximate 700-foot mainline span length. At both the Bourne and 
Sagamore crossings, the replacement bridge mainline alignment location 
will be fully offline (outside of the existing footprint) and inboard 
of the existing highway bridges, on the side of the canal between the 
existing Bourne Bridge and Sagamore Bridge. Additionally, at both canal 
crossings, the proposed action will reconfigure the highway interchange 
approach networks north and south of Cape Cod Canal to align with the 
replacement highway bridges. The FHWA and MassDOT have evaluated a 
range of highway interchange approach options at both the Sagamore and 
Bourne crossings; and it is FHWA's and MassDOT's intent to present an 
evaluation of the interchange options and identify a Preferred Option 
for the highway interchange approaches at both crossings in the DEIS. 
Refer to the Supplementary NOI Document for details of the analysis of 
design parameters that FHWA and MassDOT conducted to determine the 
recommended design elements of the replacement highway bridges.
    Range of Alternatives the EIS will Consider. The range of 
alternatives includes one Build Alternative retained for detailed 
study, described above as the proposed action, and the No Build 
Alternative. The No Build Alternative, which assumes no improvements 
other than those implemented as part of routine maintenance and to keep 
the bridge safe and open to traffic in the near term, will be carried 
forward for study in the DEIS as a baseline for comparison to the Build 
Alternative.
    The alternatives may be revised based on the consideration of 
public and agency comments. The range of reasonable alternatives to be 
carried forward and documented in the DEIS will be finalized after 
consideration of comments received during the comment period on this 
NOI and after conclusion of the Scoping outreach process. Refer to the 
Supplementary NOI Document for details of the analysis of design 
parameters that FHWA and MassDOT conducted to identify the recommended 
Alternatives Retained for Detailed Study in the DEIS.

(c) Summary of Expected Impacts

    The FHWA and MassDOT have initiated data collection and agency 
coordination to identify the types of environmental, cultural, and 
socio-economic resources present in the Program Study Areas and those 
likely to be impacted. The following key resources and issues have been 
identified for evaluation in the EIS and supporting technical studies:
     Historic Properties: There are numerous historical and 
cultural resources within and adjacent to the Program Study Areas, 
including but not limited to the Bourne and Sagamore Bridges and the 
Cape Cod Canal Historic District, which are eligible for listing in the 
National Register of Historic Places. The EIS will provide a discussion 
of historical and cultural resources within and adjacent to the Program 
Study Areas.
     Section 4(f) Properties: The Build Alternative may affect 
publicly owned parks and recreational areas, and public and private 
historical sites listed or eligible for listing on the National 
Register of Historic Places that are subject to protection under 
Section 4(f) of the Department of Transportation Act of 1966 [Section 
4(f)]. The Section 4(f) protected public parks and recreational areas 
within the Program Study Areas include local, State, and Federal 
resources. Historic sites within and near the Program Study Areas 
include the

[[Page 14925]]

Bourne and Sagamore Bridges, the Cape Cod Canal Historic District, and 
other public and private historic properties. Potential impacts to 
Section 4(f) properties will be evaluated, avoided, or minimized to the 
greatest extent possible as the Program design elements are refined 
during development of the EIS and the Section 4(f) evaluation.
     Relocations: The Build Alternative may require full and 
partial right-of-way acquisitions from residential and commercial 
properties within the Program Study Areas. Potential impacts to 
surrounding residential and commercial properties will be evaluated, 
avoided, or minimized to the greatest extent possible as the Program 
design elements are refined during development of the EIS. The FHWA and 
MassDOT will ensure that any necessary right-of-way is acquired in 
compliance with the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, as amended.
    The EIS will also evaluate potential impacts to the following: land 
use; social and community resources; local and regional economies; 
environmental justice; air quality and climate; transportation systems; 
threatened, endangered, and special status species; noise sensitive 
areas; wetlands and floodplains; coastal resources and navigation; 
stormwater and water quality; hazardous waste and contaminated 
materials; public utilities and services; and visual resources. The 
level of review of the identified resources for the EIS will be 
commensurate with the anticipated effects to each resource from the 
proposed action and will be governed by the statutory and regulatory 
requirements applicable to those resources.
    The analyses and evaluations conducted for the EIS will identify 
the potential for construction-related (short-term) and operational 
(long-term) effects (direct, indirect, and cumulative); avoidance 
measures; whether anticipated effects would be adverse; and mitigation 
measures for any adverse effects. Additional information on the 
expected impacts is provided in the Supplementary NOI Document 
available for review in the docket established for this Program and on 
the Program website as noted in the ADDRESSES section. Comments on the 
expected impacts to be analyzed in the DEIS are welcomed during the NOI 
comment period. The identification of impacts for analysis in the DEIS 
may be revised due to consideration of public comments.

(d) Anticipated Permits and Other Authorizations

    Anticipated Federal permits and authorizations for the Cape Cod 
Bridges Program include:
     USACE permits under Section 404 of the Clean Water Act (33 
U.S.C. 1344) and Section 10 of the Rivers and Harbors Act (33 U.S.C. 
403);
     U.S. Coast Guard (USCG) Bridge Permits under Section 9 of 
the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 403);
     National Marine Fisheries Service (NMFS) consultation 
under Section 7 of the Endangered Species Act (16 U.S.C. 1536) and the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1371);
     U.S. Fish and Wildlife Service (USFWS) consultation under 
Section 7 of the Endangered Species Act (16 U.S.C. 1536), the Migratory 
Bird Treaty Act of 1918 (16 U.S.C. 703), the Bald and Golden Eagle 
Protection Act (16 U.S.C. 668), and the Fish and Wildlife Coordination 
Act (16 U.S.C. 661);
     NMFS Essential Fish Habitat Consultation/Assessment under 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801-1891d);
     Evaluation under Section 4(f) of the U.S. Department of 
Transportation Act (49 U.S.C. 303(c));
     Evaluation under Section 106 of the National Historic 
Preservation Act (54 U.S.C. 306108);
     USACE Section 408 approval under Section 14 of the Rivers 
and Harbors Act of 1899 (33 U.S.C. 408);
     United States Environmental Protection Agency (USEPA) 
National Pollutant Discharge Elimination System (NPDES) Construction 
General Permit;
     Federal Aviation Administration (FAA) review under 29 
U.S.C. 44718;
     Federal Archaeologist Permit under 43 CFR 7.
    Anticipated state and local permits and approvals for the Cape Cod 
Bridges Program include:
     Massachusetts Executive Office of Energy and Environmental 
Affairs (MA EEA) Secretary Certification under the Massachusetts 
Environmental Policy Act (MEPA) Regulations (301 CMR 11.00);
     Bourne Conservation Commission Order of Conditions (OOC) 
under the Massachusetts Wetlands Protection Act (310 CMR 10.00);
     Massachusetts Department of Environmental Protection 
(MassDEP) 401 Water Quality Certification (WQC) under the 401 Water 
Quality Certification Regulations (314 CMR 9.00);
     MassDEP Chapter 91 Licenses under the Massachusetts Public 
Waterfront Act (310 CMR 9.00);
     Massachusetts Office of Coastal Zone Management (MA CZM) 
Federal Consistency Review under the Massachusetts Coastal Zone 
Management Act (301 CMR 20.00);
     Massachusetts Historical Commission (MHC) State 
Archaeologist Permit (950 CMR 70.00);
     Potential Massachusetts Division of Fisheries and Wildlife 
(MA DFW) Conservation and Management Permit (CMP) under the 
Massachusetts Endangered Species Act (MESA) Regulations (321 CMR 
10.00).

(e) Schedule for the Decision-Making Process

    The schedule for the Cape Cod Bridges Program will be established 
as part of the requirements of the environmental review process under 
23 U.S.C. 139 and will comply with 40 CFR 1501.10(a) and (b)(2) and 23 
U.S.C. 23, which requires that environmental reviews and authorization 
decisions for major projects occur within two years from the date of 
publication of the NOI to the date of issuance of the Record of 
Decision (ROD), and all necessary authorizations be issued in 90 days 
from the ROD.
    Following the issuance of this NOI, FHWA and MassDOT will 
coordinate with the Participating and Cooperating Agencies to develop 
study documentation and the DEIS.
     Continued Scoping outreach is anticipated in spring of 
2024 following publication of this NOI.
     The Draft EIS is anticipated to be issued in spring of 
2025.
     The combined Final EIS and ROD is anticipated to be issued 
in winter of 2026.
     All Federal permits and authorizations are anticipated to 
be received by spring of 2026.
    Refer to the Supplementary NOI Document for additional schedule 
details.

(f) Scoping and Public Review

    In accordance with 23 U.S.C. 139(f)(4)(E)(ii), FHWA and MassDOT 
have incorporated public and stakeholder comment obtained relative to 
the Cape Cod Bridges Program Environmental Notification Form (ENF) 
filing under the Massachusetts Environmental Policy Act (MEPA) (https://eeaonline.eea.state.ma.us/EEA/MEPA-eMonitor/submittal/efe01f7d-41af-4e7d-84b6-1de46baa8818). The MassDOT held five rounds of public 
information meetings between June 2021 and March 2023 and convened an

[[Page 14926]]

Advisory Group comprised of local interests and representation to 
provide feedback and share information throughout Program development.
    The public and agency Scoping process is continuing with the 
publication of this NOI. Publication of this NOI initiates a 30-day 
Scoping period during which time the public, Tribal governments and 
other Federal, State, and local agencies are requested to review and 
comment on any element of the Cape Cod Bridges Program, including the 
Purpose and Need for the proposed action; the Alternatives Retained for 
Detailed Study; and identification of any potentially significant 
adverse environmental impacts to be evaluated in the EIS.
    To ensure that the full range of issues related to the Cape Cod 
Bridges Program is addressed, and all significant issues are 
identified, comments and suggestions are invited from all interested 
parties during Scoping. The FHWA will hold at least one public Scoping 
meeting upon publication of this NOI as part of the Scoping process for 
the EIS. Advanced notice of the date, time and location of the public 
Scoping meeting will be provided to the public through the Program 
website, public notices, and press releases. Such comments or questions 
concerning this Notice and/or the scope of the EIS, including the 
Purpose and Need, Alternatives Retained for Detailed Study, and impacts 
to be evaluated, may be submitted via the Program website or in writing 
to FHWA or MassDOT at the addresses provided above. Public input 
received during the Scoping process will be considered in the 
development of the DEIS. Once complete, the DEIS will be available for 
agency review and comment prior to the DEIS Public Hearing and for 
public review at the DEIS Public Hearing. Advanced notice of the date, 
time and location of the Public Hearing will be provided to the public 
through the Program website, public notices, and press releases. All 
substantive public comments on the DEIS will be addressed in the Final 
EIS (FEIS).
    The FHWA intends to issue a single document that consists of the 
FEIS and ROD pursuant to 49 U.S.C. 304a(b) [and 23 U.S.C. 139(n)(2)] 
unless FHWA determines that statutory criteria or practicability 
considerations preclude issuance of such a combined document.

(g) Request for Identification of Potential Alternatives, Information, 
and Analyses Relevant to the Proposed Action

    To ensure that a full range of issues related to the Cape Cod 
Bridges Program is addressed and all potential issues are identified, 
FHWA invites comments and suggestions from all interested parties. The 
FHWA requests comments and suggestions on potential alternatives and 
impacts, and the identification of any relevant information, studies, 
or analyses of any kind concerning impacts affecting the quality of the 
human and natural environment. Any information presented herein, 
including the Purpose and Need, Alternatives Retained for Detailed 
Study, and identification of impacts, may be revised after 
consideration of the comments. The purpose of this request is to bring 
relevant comments, information, and analyses to the attention of FHWA, 
as early in the process as possible, to enable FHWA to make maximum use 
of this information in decision making. Comments may be submitted 
according to the instructions in the ADDRESSES section of this Notice.

Joi B. Singh,
Division Administrator, Cambridge, MA.
[FR Doc. 2024-04160 Filed 2-28-24; 8:45 am]
BILLING CODE 4910-22-P