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 |
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Gregory G. Nadeau
Federal Highway Administration
1 November 2016
[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]
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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.
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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, Benito.Cunill@dot.gov.
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,
ken.morefield@dot.state.fl.us.
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]
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