66930 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2023–0032] 

Proposed Second Renewed 

Memorandum of Understanding (MOU) 

Assigning Certain Federal 

Environmental Responsibilities to the 

State of Arizona, Including National 

Environmental Policy Act (NEPA) 

Authority for Certain Categorical 

Exclusions (CEs) 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation. 

ACTION: Notice of proposed MOU, 

request for comments. 

SUMMARY: The FHWA and the State of 

Arizona, acting by and through its 

Department of Transportation (State), 

propose a second renewal of the State’s 

participation in the State Assumption of 

Responsibility for Categorical 

Exclusions program. This program 

allows FHWA to assign to States its 

authority and responsibility for 

determining whether certain designated 

activities within the geographic 

boundaries of the State, as specified in 

the proposed Memorandum of 

Understanding (MOU), are categorically 

excluded from the requirement to 

prepare an environmental assessment or 

an environmental impact statement 

under the National Environmental 

Policy Act. This MOU would renew and 

continue the State’s participation in the 

program. The renewed MOU will amend 

the existing MOU by incorporating the 

following changes: Including language 

to reference the State’s responsibility to 

report project impacts to environmental 

justice populations; clarifying that this 

assignment applies to any action to 

which a CE is applicable including nonhighway projects; and adding a 

reference to the Final April 2020 

Programmatic Agreement Pursuant to 

Section 106 of the National Historic 

Preservation Act Regarding 

Implementation of Federal-Aid 

Transportation Projects in the State of 

Arizona (September 2020). 

DATES: Comments must be received on 

or before October 30, 2023. 

ADDRESSES: You may submit comments, 

identified by DOT Document 

Management System (DMS) Docket 

Number [FHWA–2023–0032], by any of 

the methods described below. Electronic 

or facsimile comments are preferred 

because Federal offices experience 

intermittent mail delays from security 

screening. 

Website: www.regulations.gov/. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

Facsimile (Fax): 1–202–493–2251. 

Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE, Washington, DC 

20590. 

Hand Delivery: 1200 New Jersey Ave. 

SE, Washington, DC 20590, between 9 

a.m. and 5 p.m. e.t., Monday through 

Friday, except Federal holidays. 

For access to the docket to view a 

complete copy of the proposed MOU, or 

to read background documents or 

comments received, go to 

www.regulations.gov/ at any time or to 

1200 New Jersey Ave. SE, Washington, 

DC 20590, between 9 a.m. and 5 p.m. 

e.t., Monday through Friday, except for 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

For FHWA: Ms. Rebecca Yedlin, 

Environmental Program Manager, 

Federal Highway Administration, 4000 

North Central Avenue, Suite 1500, 

Phoenix, AZ 85012; by email at 

rebecca.yedlin@dot.gov or by telephone 

at 602–382–8979. The FHWA Arizona 

Division Office normal business hours 

are 8 a.m. to 4:30 p.m. (Arizona Time), 

Monday–Friday, except for Federal 

Holidays. 

For State: Mr. Steve Olmsted, NEPA 

Assignment Manager, Arizona 

Department of Transportation, 205 S 

17th Ave., Mail Drop EM02, Phoenix, 

AZ 85007; by email at solmsted@

azdot.gov or by telephone at 602–712– 

6421. The Arizona Department of 

Transportation normal business hours 

are 8 a.m. to 4:30 p.m. (Arizona Time), 

Monday–Friday, except for State and 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access: Internet users may 

reach the Office of the Federal Register’s 

home page at: www.federalregister.gov 

and the Government Printing Office’s 

database: www.GovInfo.gov. An 

electronic version of the proposed MOU 

may be downloaded by accessing the 

DOT DMS docket, as described above, at 

www.regulations.gov/. 

Background 

Section 326 of title 23, United States 

Code (U.S.C.), creates a program that 

allows the Secretary of the DOT 

(Secretary), to assign, and a State to 

assume, responsibility for determining 

whether certain highway projects are 

included within classes of action that 

are categorically excluded (CE) from 

requirements for environmental 

assessments or environmental impact 

statements pursuant to the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321 et seq. (NEPA). In addition, 

this program allows the assignment of 

other environmental review 

requirements applicable to these 

actions. The FHWA is authorized to act 

on behalf of the Secretary with respect 

to these matters. Through an amended 

MOU, FHWA would renew Arizona’s 

participation in this program for the 

second time. The original MOU became 

effective on January 3, 2018, for an 

initial term of three (3) years. The first 

renewal became effective on January 4, 

2021, for a second term of three (3) 

years. The second renewal is set to 

supersede the first renewal MOU prior 

to its expiration date on January 4, 2024. 

Stipulation I(B) of the MOU describes 

the types of actions for which the State 

would assume project-level 

responsibility for determining whether 

the criteria for a CE are met. Statewide 

decision-making responsibility would 

be assigned for all activities within the 

categories listed in 23 CFR 771.117(c) 

and those listed as examples in 23 CFR 

771.117(d). In addition to the NEPA CE 

determination responsibilities, the MOU 

would assign to the State the 

responsibility for conducting Federal 

environmental review, consultation, and 

other related activities for projects that 

are subject to the MOU with respect to 

the following Federal laws and 

Executive Orders: 

(1) Clean Air Act (CAA), 42 U.S.C. 

7401–7671q. Including determinations 

for project-level conformity if required 

for the project. 

(2) Noise Control Act of 1972, 42 

U.S.C. 4901–4918; Compliance with the 

noise regulations in 23 CFR part 772 

(except approval of the State noise 

requirements in accordance with 23 

CFR 772.7). 

(3) Section 7 of the Endangered 

Species Act of 1973, 16 U.S.C. 1531– 

1544, and 1536. 

(4) Fish and Wildlife Coordination 

Act, 16 U.S.C. 661–667d. 

(5) Migratory Bird Treaty Act, 16 

U.S.C. 703–712. 

(6) Section 106 of the National 

Historic Preservation Act of 1966, as 

amended, 54 U.S.C. 306108. 

(7) Archeological Resources 

Protection Act of 1979, 16 U.S.C. 470aa, 

et seq. 

(8) Section 4(f) of the Department of 

Transportation Act of 1966, 23 U.S.C. 

138 and 49 U.S.C. 303; 23 CFR part 774. 

(9) Title 54, Chapter 3125— 

Preservation of Historical and 

Archeological Data, 54 U.S.C. 312501– 

312508. 

(10) Native American Grave 

Protection and Repatriation Act 

(NAGPRA), 25 U.S.C. 3001–3013; 18 

U.S.C. 1170. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 66931 

(11) American Indian Religious 

Freedom Act, 42 U.S.C. 1996. 

(12) Farmland Protection Policy Act 

(FPPA), 7 U.S.C. 4201–4209. 

(13) Clean Water Act, 33 U.S.C. 1251– 

1377. 

(14) Safe Drinking Water Act (SDWA), 

42 U.S.C. 300f–300j–6. 

(15) Rivers and Harbors Act of 1899, 

33 U.S.C. 403. 

(16) Wild and Scenic Rivers Act, 16 

U.S.C. 1271–1287. 

(17) Emergency Wetlands Resources 

Act, 16 U.S.C. 3921, 3931. 

(18) Flood Disaster Protection Act, 42 

U.S.C. 4001–4128. 

(19) FHWA wetland and natural 

habitat mitigation regulations, 23 CFR 

part 777. 

(20) Section 4(f) of the Department of 

Transportation Act of 1966, 23 U.S.C. 

138 and 49 U.S.C. 303; and 23 CFR part 

774. 

(21) Land and Water Conservation 

Fund (LWCF), Public Law 88–578, 78 

Stat. 897 (known as Section 6(f)). 

(22) Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), 42 U.S.C. 9601–9675. 

(23) Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 42 

U.S.C. 9671–9675. 

(24) Resource Conservation and 

Recovery Act (RCRA), 42 U.S.C. 6901– 

6992k. 

(25) Landscaping and Scenic 

Enhancement (Wildflowers), 23 U.S.C. 

319. 

(26) E.O. 11990, Protection of 

Wetlands. 

(27) 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). 

(28) E.O. 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations. 

(29) E.O. 11593, Protection and 

Enhancement of Cultural Resources. 

(30) E.O. 13007, Indian Sacred Sites. 

(31) E.O. 13112, Invasive Species. 

(32) Planning and Environmental 

Linkages, 23 U.S.C. 168, except for those 

FHWA responsibilities associated with 

23 U.S.C. 134 and 135. 

(33) Programmatic Mitigation Plans, 

23 U.S.C. 169 except for those FHWA 

responsibilities associated with 23 

U.S.C. 134 and 135. 

(34) E.O. 13985, Advancing Racial 

Equity and Support for Underserved 

Communities Through the Federal 

Government. 

(35) E.O. 14008, Tackling the Climate 

Crisis at Home and Abroad. 

(36) E.O. 14091, Further Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government. 

(37) E.O. 14096, Revitalizing Our 

Nation’s Commitment to Environmental 

Justice for All. 

The MOU allows the State to act in 

the place of the FHWA in carrying out 

the functions described above, except 

with respect to government-togovernment 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 above-listed laws and 

executive orders. The State also may 

assist FHWA with formal consultations, 

with consent of a tribe, but FHWA 

remains responsible for the 

consultation. This assignment includes 

transfer to the State of Arizona the 

obligation to fulfill the assigned 

environmental responsibilities on any 

proposed projects meeting the criteria in 

Stipulation I(B) of the MOU that were 

determined to be CEs prior to the 

effective date of the proposed MOU but 

that have not been completed as of the 

effective date of the MOU. The FHWA 

may terminate the State’s participation 

in this program if FHWA provides the 

State a notification of noncompliance, 

and a period of not less than 120 days 

to take corrective action as FHWA 

determines necessary, and if the State 

fails to take satisfactory corrective 

action as determined by FHWA. 

The FHWA will consider the 

comments submitted on the proposed 

MOU when making its decision on 

whether to execute this second renewal 

MOU. A copy of the proposed draft 

MOU is also posted on the Arizona 

Department of Transportation website 

https://azdot.gov/business/ 

environmental-planning/ce-assignmentand-nepa-assignment for review. The 

FHWA will make the final, executed 

MOU 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. 326; 42 U.S.C. 

4331, 4332; 23 CFR 771.117; 40 CFR 

1507.3, 1508.4. 

Karla Petty, 

Division Administrator, Phoenix, Arizona. 

[FR Doc. 2023–21279 Filed 9–27–23; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0143] 

Truck Leasing Task Force (TLTF); 

Notice of Public Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of public meeting. 

SUMMARY: This notice announces a 

meeting of the TLTF. 

DATES: The meeting will be held on 

Tuesday, October 17, 2023, from 10 a.m. 

to 4:30 p.m. ET. Requests for 

accommodations for a disability must be 

received by Tuesday, October 10. 

Requests to submit written materials for 

consideration during the meeting must 

be received no later than Tuesday, 

October 10. 

ADDRESSES: The meeting will be held 

virtually for its entirety. Please register 

in advance of the meeting at 

www.fmcsa.dot.gov/tltf. A copy of the 

agenda for the entire meeting will be 

made available at www.fmcsa.dot.gov/ 

tltf at least 1 week in advance of the 

meeting. Once approved, copies of the 

meeting minutes will be available at the 

website following the meeting. You may 

visit the TLTF website at 

www.fmcsa.dot.gov/tltf for further 

information on the committee and its 

activities. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shannon L. Watson, Deputy Designated 

Federal Officer, TLTF, FMCSA, 1200 

New Jersey Avenue SE, Washington, DC 

20590, (202) 360–2925,tltf@dot.gov. Any 

committee-related request should be 

sent to the person listed in this section. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The TLTF was created under the 

Federal Advisory Committee Act 

(FACA) in accordance with section 

23009 of the Bipartisan Infrastructure 

Law (BIL) (Pub. L. 117–58), which 

requires the Federal Motor Carrier 

Safety Administration (FMCSA) to 

establish the TLTF. The TLTF will 

examine the terms, conditions, and 

equitability of common truck leasing 

arrangements, particularly as they 

impact owner-operators and trucking 

businesses subject to such agreements 

and submit a report on the task force’s 

identified issues and conclusions 

regarding truck leasing arrangements, 

including recommended best practices, 

to the Secretary, the Secretary of Labor, 

and the appropriate committees of 


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