Renewal Package From the State of Ohio to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State |
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Nicole R. Nason
Federal Highway Administration
24 June 2020
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 38014-38016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13579]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2020-0009]
Renewal Package 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; request for comments.
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SUMMARY: This notice announces that FHWA has received and reviewed a
renewal package from the Ohio Department of Transportation (ODOT)
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
(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 highway projects
within the State. The FHWA has determined the renewal package to be
complete, and developed a draft renewal MOU with ODOT outlining
[[Page 38015]]
how the State will implement the Program with FHWA oversight. The
public is invited to comment on ODOT's request, including its renewal
package and the proposed renewed MOU, which includes the proposed
assignments and assumptions of environmental review, consultation, and
other activities.
DATES: Please submit comments by July 24, 2020.
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.
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:
For FHWA: Noel Mehlo by email at noel.mehlo@dot.gov or by telephone
at 614-280-6841. The FHWA Ohio Division Office's normal business hours
are 8 a.m. to 4:30 p.m. (Eastern Time), Monday-Friday, except for
Federal holidays. For the State of Ohio: Tim Hill by email at
tim.hill@dot.ohio.gov or by telephone at 614-644-0377. State business
hours are the same as above although State holidays may not completely
coincide with Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may submit or retrieve comments online through the Federal
eRulemaking portal at: http://www.regulations.gov. The website is
available 24 hours each day, 365 days each year. Please follow the
instructions. Electronic submission and retrieval help and guidelines
are available under the help section of the website.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at: http://www.archives.gov
and the U.S. Government Publishing Office's web page at: http://www.access.gpo.gov/nara.
Background
Section 327 of title 23, United States Code (23 U.S.C. 327), allows
the Secretary of DOT to assign, and a State to assume, the
responsibilities under NEPA (42 U.S.C. 4321 et seq.) and all or part of
the responsibilities for environmental review, consultation, or other
actions required under certain Federal environmental laws with respect
to one or more Federal-aid highway projects within the State. The FHWA
is authorized to act on behalf of the Secretary with respect to these
matters.
The ODOT entered the Program on December 28, 2015, after submitting
its application to FHWA, obtaining FHWA's approval, and entering into a
MOU in accordance with 23 U.S.C. 327 and FHWA's application regulations
for the pilot program (23 CFR part 773). The MOU was amended on June 6,
2018. On December 6, 2019, after coordination with FHWA, ODOT submitted
the renewal package in accordance with the renewal regulations in 23
CFR 773.115.
Under the proposed renewal 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 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 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 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 include 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, projects that cross or are adjacent to international
boundaries, projects under the Recreational Trails Program (23 U.S.C.
206), and programs and projects advanced by direct recipients of
Federal-aid highway program funds other than ODOT.
The assignment also would give ODOT 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 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
Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
Migratory Bird Treaty Act, 16 U.S.C. 703-712
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. 300101, et seq.
Archeological Resources Protection Act of 1979, 16 U.S.C.
470aa-mm
Title 54, Chapter 3125--Preservation of Historical and
Archeological Data, 54 U.S.C. 312501-312508
Native American Grave Protection and Repatriation Act
(NAGPRA), 25 U.S.C. 3001-3013; 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, and 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, 42 U.S.C. 300f- 300j-26
[[Page 38016]]
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), 133(b)(14)
FHWA wetland and natural habitat mitigation regulations, 23
CFR part 777
Flood Disaster Protection Act, 42 U.S.C. 4001-4130
Parklands
23 U.S.C. 138 and 49 U.S.C. 303 (Section 4(f)) and
implementing regulations at 23 CFR part 774
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 (E.O.) Relating to Highway Projects
E.O. 11990, Protection of Wetlands
E.O. 11988, Floodplain Management (except approving design
standards and determinations that a significant encroachment is the
only practicable alternative under 23 CFR 650.113 and 650.115)
E.O. 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low Income Populations
E.O. 13112, Invasive Species
E.O. 13807, Establishing Discipline and Accountability in the
Environmental Review and Permitting Process for Infrastructure Projects
(aka ``One Federal Decision'').
The proposed renewal MOU would allow ODOT to continue 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 also will not assume FHWA's responsibilities for conformity
determinations required under Section 176 of the CAA (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 renewal MOU and renewal package may be
viewed on the docket at www.regulations.gov, 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 ODOT's website at: https://transportation.ohio.gov/wps/portal/gov/odot/programs/nepa-assignment.
The FHWA will consider the comments submitted when making its decision
on the proposed MOU revision. Any final renewal MOU approved by FHWA
may include changes based on comments and consultations relating to the
proposed renewal MOU and will be made publicly available.
Authority: 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.117;
40 CFR 1507.3, 1508.4.
Nicole R. Nason,
Administrator, Federal Highway Administration.
[FR Doc. 2020-13579 Filed 6-23-20; 8:45 am]
BILLING CODE 4910-RY-P