32948 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 

Ogden Avenue, Downers Grove, Illinois 

60515, attention Pete Foernssler. 

Comments and questions concerning the 

proposed action and this notice should 

be directed to the Illinois Tollway at the 

address provided above by the close of 

business on August 24, 2018. 

Authority: 23 U.S.C. 315; 23 CFR 771.123. 

(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.) 

Issued on: July 9, 2018. 

Division Administrator, 

Springfield, Illinois. 

[FR Doc. 2018–15097 Filed 7–13–18; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2018–0033] 

Proposed Memorandum of 

Understanding (MOU) Assigning 

Certain Federal Environmental 

Responsibilities to the State of 

Nebraska, Including National 

Environmental Policy Act (NEPA) 

Authority for Certain Categorical 

Exclusions (CEs) 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed MOU, 

request for comments. 

SUMMARY: The FHWA and the State of 

Nebraska, acting by and through its 

Department of Transportation (State), 

propose participation of the State in the 

Categorical Exclusion Assignment 

program. This program allows FHWA to 

assign 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 preparation 

of an environmental assessment or an 

environmental impact statement under 

the National Environmental Policy Act. 

DATES: Comments must be received on 

or before August 15, 2018. 

ADDRESSES: You may submit comments, 

identified by DOT Document 

Management System (DMS) Docket 

Number FHWA–2018–0033, by any of 

the methods described below. To ensure 

that you do not duplicate your 

submissions, please submit them by 

only one of the means below. Electronic 

or facsimile comments are preferred 

because Federal offices experience 

intermittent mail delays from security 

screening. 

Federal eRulemaking Portal: Go to 

website: http://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 

Avenue SE, Washington, DC 20590, 

between 9 a.m. and 5 p.m., Eastern 

Time, 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 http://

www.regulations.gov/ at any time, or to 

1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Eastern Time, 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: Melissa Maiefski; by email at 

Melissa.Maiefski@dot.gov or by 

telephone at 402–742–8473. The 

Nebraska Division Office’s normal 

business hours are 8 a.m. to 5:00 p.m. 

(Central Standard Time), Monday 

through Friday, except Federal holidays. 

For the State of Nebraska: Brandie 

Neemann: By email at 

Brandie.Neemann@nebraska.gov or by 

telephone at 402–479–4795. The 

Nebraska Department of 

Transportation’s business hours are 8 

a.m. to 5 p.m. (Central Standard Time), 

Monday through Friday, except State 

and Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Internet users may reach the Office of 

the Federal Register’s home page at: 

http://www.archives.gov/ and the 

Government Publishing Office’s 

database at: http://www.fdsys.gov/. An 

electronic version of the proposed MOU 

may be downloaded by accessing the 

DOT DMS docket, as described above, at 

http://www.regulations.gov. 

Background 

Section 326 of Title 23 U.S. Code, 

creates a program that allows the 

Secretary of the U.S. Department of 

Transportation (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 Federal highway projects. 

The FHWA is authorized to act on 

behalf of the Secretary with respect to 

these matters. 

The FHWA would execute Nebraska’s 

participation in this program through an 

MOU. 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 771.111(d), and any 

activities added through FHWA 

rulemaking to those listed in 23 CFR 

771.117(c) or example activities listed in 

23 CFR 771.117(d) after the date of the 

execution of this MOU. 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: 

• Clean Air Act (CAA), 42 U.S.C. 7401– 

7671q. Including determinations for 

project-level conformity if required for 

the project 

• 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 policy in 

accordance with 23 CFR 772.7) 

• Section 7 of the Endangered Species 

Act of 1973, 16 U.S.C. 1531–1544, and 

1536 

• Fish and Wildlife Coordination Act, 

16 U.S.C. 661–667d 

• Migratory Bird Treaty Act, 16 U.S.C. 

703–712 

• Bald and Golden Eagle Treaty Act, as 

amended, 16 U.S.C. 668–668c 

• Section 106 of the National Historic 

Preservation Act of 1966, as amended, 

54 U.S.C. 306108 

• 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 

• Section 4(f) of the Department of 

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


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32949 

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

774 

• American Indian Religious Freedom 

Act, 42 U.S.C. 1996 

• Farmland Protection Policy Act 

(FPPA), 7 U.S.C. 4201–4209 

• Clean Water Act, 33 U.S.C. 1251– 

1377, Sections 401, 404, and 319 

• Rivers and Harbors Act of 1899, 33 

U.S.C. 403 

• Wild and Scenic Rivers Act, 16 U.S.C. 

1271–1287 

• Emergency Wetlands Resources Act, 

16 U.S.C. 3921, 3931 

• Wetlands Mitigation, 23 U.S.C. 

103(b)(6)(m), 133(b)(3) 

• FHWA wetland and natural habitat 

mitigation regulations, 23 CFR part 

777 

• Flood Disaster Protection Act, 42 

U.S.C. 4001–4128 

• Safe Drinking Water Act (SDWA), 42 

U.S.C. 300f–300j–6 

• 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 

• Land and Water Conservation Fund 

(LWCF), Public Law 88–578, 78 Stat. 

897 (known as Section 6(f)) 

• Comprehensive Environmental 

Response, Compensation, and 

Liability Act (CERCLA), 42 U.S.C. 

9601–9675 

• Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 

42 U.S.C. 9671–9675 

• Resource Conservation and Recovery 

Act (RCRA), 42 U.S.C. 6901–6992k 

• Landscaping and Scenic 

Enhancement (Wildflowers), 23 

U.S.C. 319 

• 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. 11593, Protection and 

Enhancement of Cultural Resources 

• E.O. 13007, Indian Sacred Sites 

• E.O. 13175 Consultation and 

Coordination with Indian Tribal 

Governments 

• E.O. 13122 and E.O. 13751, Invasive 

Species 

• Planning and Environmental 

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

those FHWA responsibilities 

associated with 23 U.S.C. 134 and 135 

• Programmatic Mitigation Plans, 23 

U.S.C. 169 except for those FHWA 

responsibilities associated with 23 

U.S.C. 134 and 135 

The MOU allows the State to act in 

the place of FHWA in carrying out the 

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 

above-listed laws and Executive Orders. 

The State may also 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 Nebraska the obligation to 

fulfill the assigned environmental 

responsibilities on any proposed 

projects meeting the criteria in 

Stipulation 1(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 will consider the 

comments submitted on the proposed 

MOU when making its decision on 

whether to execute this MOU. 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. 

Joseph A. Werning, 

Division Administrator, Federal Highway 

Administration. 

[FR Doc. 2018–15099 Filed 7–13–18; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0149] 

Withdrawal of Proposed 

Enhancements to the Safety 

Measurement System 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice. 

SUMMARY: On June 29, 2015 and October 

5, 2016, FMCSA proposed 

enhancements to the Agency’s Safety 

Measurement System (SMS) and 

published a preview version of the 

changes. However, the Fixing America’s 

Surface Transportation Act (FAST Act) 

required the National Research Council 

of the National Academy of Sciences 

(NAS) to conduct a study of FMCSA’s 

Compliance, Safety, Accountability 

(CSA) program and the Safety 

Measurement System (SMS). NAS 

published their report titled, 

‘‘Improving Motor Carrier Safety 

Measurement’’ on June 27, 2017. This 

notice announces that FMCSA will not 

complete the enhancements previously 

proposed and the preview is removed 

from the SMS website. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Barbara Baker, Compliance Division, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Telephone (202) 366–3397 or by email 

at Barbara.Baker@dot.gov. Office hours 

are from 8:00 a.m. to 5:00 p.m., ET, 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

June 2015 Notice 

On June 29, 2015 (80 FR 37037), 

FMCSA proposed the SMS 

enhancements and requested initial 

comments in advance of providing 

motor carriers with a preview of how 

their safety performance data would be 

presented on the SMS website. The 

proposed changes included: 

1. Changing some of the SMS 

Intervention Thresholds to better reflect 

the Behavior Analysis and Safety 

Improvement Categories’ (BASICs) 

correlation to crash risk. 

2. Two changes to the Hazardous 

Materials (HM) Compliance BASIC: 

a. Segmenting the HM Compliance 

BASIC by Cargo Tank (CT) and non-CT 

carriers; and 

b. Releasing motor carrier percentile 

rankings under the HM Compliance 

BASIC to the public. 

3. Reclassifying violations for 

operating while Out of Service (OOS) 

under the Unsafe Driving BASIC rather 

than the BASIC of the underlying OOS 

violation. 

4. Increasing the maximum Vehicle 

Miles Traveled used in the Utilization 

Factor to more accurately reflect the 

operations of high-utilization carriers. 

The Agency’s analysis and 

explanations were provided in the June 

29, 2015, notice. Stakeholders had 30 

days to submit comments. The comment 

period ended on July 29, 2015. 

October 2016 Notice 

The October 5, 2016, Federal Register 

notice (81 FR 69185) announced a 


sradovich on DSK3GMQ082PROD with NOTICES