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

Gregory G. Nadeau
Federal Highway Administration
October 15, 2015

[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62153-62154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26192]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2015-0022]


Application From the State of Ohio 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.

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SUMMARY: This notice announces that FHWA has received and reviewed an 
application from the Ohio Department of Transportation (ODOT) 
requesting participation in the Surface Transportation Project Delivery 
Program (Program). This Program allows FHWA to assign and States to 
assume, responsibilities under the National Environmental Policy Act of 
1969 (NEPA) (42 U.S.C. 4321, et seq.), 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 highway projects within the State. The FHWA has 
determined the application to be complete, and developed a draft MOU 
with ODOT outlining how the State will implement the program with FHWA 
oversight. The public is invited to comment on ODOT's request, 
including its application, and the proposed MOU, which includes the 
proposed assignments and assumptions of environmental review, 
consultation and other activities to be assigned.

DATES: Please submit comments by November 16, 2015.

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:

Jeff Blanton P.E., Director of Program Development, Federal Highway 
Administration Ohio Division, 200 N. High St., Room 326, Columbus, Ohio 
43215, 8:00 a.m.-4:00 p.m. (ET), (614) 280-6824, 
jeffrey.blanton@dot.gov.
Timothy M. Hill, Administrator, Office of Environmental Services, Ohio 
Department of Transportation, 1980 West Broad Street, Mail Stop 4170, 
Columbus, Ohio 43223, 7:30 a.m.-4:30 p.m. (ET), (614) 466-7100, 
Tim.Hill@dot.ohio.gov.

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 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 DOT (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 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 Secretary with respect 
to these matters.
    Under the proposed MOU, FHWA would assign to the State, through 
ODOT, 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 government 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 local government 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 local government projects off the SHS that are funded by 
FHWA or require FHWA approvals.
    4. Projects funded by other Federal agencies [or projects without 
any Federal funding] of any Class that also includes funding by FHWA or 
require FHWA approvals. For these projects, ODOT would not assume the 
NEPA responsibilities of other Federal agencies.
    Excluded from assignment are highway projects authorized under 23 
U.S.C. 202 and 203, highway projects under 23 U.S.C. 204 unless the 
project will be designed and constructed by ODOT, projects that cross 
State boundaries, and projects that cross or is adjacent to 
international boundaries.
    The following projects are examples of projects that will not be 
assigned because they are projects that cross State borders:

 HAM-50/State Line Road Improvements, PID 93507
 HAM-IR 71/IR 75-0.00/0.22--Brent Spence Bridge, PID 75119
 SCI-US23-0.00, PID 98150
 JEF-Wellsburg Bridge, PID 79353

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

Air Quality

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

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918
 Airport Noise and Capacity Act of 1990, 49 U.S.C. 47251-47534
 Compliance with the noise regulations in 23 CFR 772

Wildlife

 Section 7 of the 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

[[Page 62154]]

 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. 180l-1891d et seq., with Essential Fish 
Habitat requirements at 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

 Section 106 of the 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
 Archeological Resources Protection Act of 1979, 16 U.S.C. 
470aa-470mm
 Title 54, Chapter 31--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Grave Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-30131; 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. 1251-1377-- Section 404, Section 
401, Section 319
 Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
 Coastal Zone Management Act, 16 U.S.C. 1451-1465
 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 and 3921
 Wetlands Mitigation, 23 U.S.C. 119(g) and 133(b)(l4)
 FHWA wetland and natural habitat mitigation regulations, 23 
CFR part 777
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130

Parklands

 Section 4(f) of the Department of Transportation Act of 1966, 
49 U.S.C. 303
 Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-
200310

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. 13690, Federal Flood Risk Management Standard (FFRMS)
 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 ODOT 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 ODOT will continue to handle routine 
consultations with the tribes and understands that a tribe has the 
right to direct consultation with FHWA upon request. The ODOT also may 
assist FHWA with formal consultations, with consent of a tribe, but 
FHWA remains responsible for the consultation. The ODOT 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 the FHWA or the State 
at the addresses provided above. A copy also may be viewed on ODOT's 
Web site at http://www.dot.state.oh.us/NEPA-Assignment/Pages/default.aspx.
    The FHWA Ohio 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 
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 771.117; 
40 CFR 1507.3, 1508.4.

    Issued on: October 6, 2015.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2015-26192 Filed 10-14-15; 8:45 am]
 BILLING CODE 4910-22-P