Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23311 

The proposed renewal MOU would 

allow FDOT 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 E.O.’s. The FDOT 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 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 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. 

The MOU content reflects FDOT’s 

desire to continue its participation in 

the Program. The FHWA and FDOT 

have agreed to modify some of the 

provisions in the MOU to, among other 

things: Clarify the categories of projects 

for which FDOT is assigned 

responsibility, including two Class I 

projects previously excluded from 

assignment under the 2016 MOU; 

exclude certain highway projects from 

assignment, including projects under 

the Recreational Trails Program and 

certain direct recipient projects; 

designate a Senior Agency Official at 

FDOT consistent with 40 CFR 

1508.1(dd); remove auditing 

requirements; revise monitoring 

requirements; update record retention 

requirements; provide for enhanced 

reporting to FHWA on issues including 

environmental justice analysis and 

associated mitigation, where applicable; 

revise provisions related to data and 

information requests; and revise 

provisions related to FHWA-initiated 

withdrawal of assigned projects. 

A copy of the proposed renewal MOU 

and renewal package 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 website at https://

www.fdot.gov/environment/ 

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 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. 

(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 773; 40 CFR 1507.3, 

1508.4. 

Stephanie Pollack, 

Deputy Administrator, Federal Highway 

Administration. 

[FR Doc. 2022–08293 Filed 4–18–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2022–0007] 

Renewal Package From the State of 

California to the Surface 

Transportation Project Delivery 

Program and Proposed Memorandum 

of Understanding (MOU) Assigning 

Environmental Responsibilities to the 

State 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed MOU and 

request for comments. 

SUMMARY: This notice announces that 

FHWA has received and reviewed a 

renewal package from the California 

Department of Transportation (Caltrans) 

requesting renewed 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 determined 

the renewal package to be complete and 

developed a draft renewal MOU with 

Caltrans outlining how the State will 

implement the Program with FHWA 

oversight. The public is invited to 

comment on Caltrans’ request, including 

its renewal package and the proposed 

renewal MOU, which includes the 

proposed assignments and assumptions 

of environmental review, consultation, 

and other activities. 

DATES: Please submit comments by May 

19, 2022. 

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 

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 www.regulations.gov, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Shawn Oliver by email at: 

Shawn.Oliver@dot.gov or by telephone 

at (916) 498–5048. The FHWA 

California Division Office’s normal 

business hours are 8:00 a.m. to 4:30 p.m. 

(Pacific Time), Monday-Friday, except 

for Federal holidays. For the State of 

California: Chris Benz-Blumberg by 

email at Chris.Benz-Blumberg@

dot.ca.gov or by telephone at (916) 956– 

8660. State business hours are the same 

as above although State holidays may 

not completely coincide with Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded from the Federal 

Register’s home page at 

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 www.regulations.gov/. 

Background 

Section 327 of Title 23, United States 

Code (U.S.C.), allows the Secretary of 

the DOT to assign, and a State to 

assume, the responsibilities under the 

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 


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23312 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 

FHWA is authorized to act on behalf of 

the Secretary with respect to these 

matters. 

Caltrans entered the Program on July 

1, 2007, 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 Program 

(the original 23 CFR part 773). 

On April 11, 2007, FHWA published 

a notice of Caltrans’ draft MOU in the 

Federal Register to solicit the view of 

the public and Federal agencies on 

FHWA’s preliminary decision to 

approve the application. Following the 

comment period, FHWA and Caltrans 

considered comments and proceeded to 

execute the MOU. Effective July 1, 2007, 

Caltrans assumed FHWA’s 

responsibilities under NEPA, and the 

responsibilities for reviews under other 

Federal environmental requirements. 

Subsequently, Caltrans has applied to 

renew its participation in the Program. 

Caltrans entered into renewal MOUs 

with FHWA on October 1, 2012, and 

December 23, 2016 (2016 MOU). 

On June 1, 2021, after coordination 

with FHWA, Caltrans submitted a 

renewal package in accordance with the 

renewal regulations in 23 CFR 773.115. 

On October 21, 2021, Caltrans requested 

an extension to the 2016 MOU in order 

to allow further discussion between the 

parties on the new language for the 

renewal MOU. In a letter dated 

December 8, 2021, FHWA granted an 

extension of the MOU until April 29, 

2022. Under the proposed renewal 

MOU, FHWA would assign to the State, 

through Caltrans, 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 

Assistance 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 Assistance projects off the 

SHS that are funded by FHWA or 

require FHWA approvals, and that do 

not qualify for assignment of 

responsibilities pursuant to the MOU for 

environmental reviews and decisions 

for actions qualifying for CEs pursuant 

to the 23 U.S.C. 326 program. 

3. All Class III, or environmental 

assessment projects, both on the SHS 

and Local Assistance 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 and meet the 

definition of a highway project found at 

23 CFR 773.103. For these projects, 

Caltrans would not assume the NEPA 

responsibilities of other Federal 

agencies. However, Caltrans may use or 

adopt other Federal agencies’ NEPA 

analyses consistent with 40 CFR 1500– 

1508, and DOT and FHWA regulations, 

policies, and guidance. 

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 

Caltrans; projects that cross State 

boundaries; projects that cross or are 

adjacent to international boundaries; 

and any projects that may be designed 

and constructed by FHWA under a 23 

U.S.C. 308 agreement between the 

FHWA Central Federal Lands Highway 

Division and Caltrans. 

The assignment also would give 

Caltrans 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 

• FHWA noise regulations in 23 CFR 

part 772 

Wildlife 

• Endangered Species Act of 1973, 16 

U.S.C. 1531–1544 

• Marine Mammal Protection Act, 16 

U.S.C. 1361–1423h 

• 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 Protection Act, 

16 U.S.C. 668–668d 

• Magnuson-Stevens Fishery 

Conservation and Management Act of 

1976, as amended, 16 U.S.C. 1801– 

1891d 

Historic and Cultural Resources 

• National Historic Preservation Act of 

1966, as amended, 54 U.S.C. 306101, 

et seq. 

• Archaeological Resources Protection 

Act of 1979, 16 U.S.C. 470aa–470mm 

• Archeological and Historic 

Preservation Act, 54 U.S.C. 312501– 

312508 

• Native American Grave Protection 

and Repatriation Act, 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, 7 

U.S.C. 4201–4209 

Water Resources and Wetlands 

• Clean Water Act, 33 U.S.C. 1251–1387 

(Sections 401, 402 404, 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 (SDWA), 42 

U.S.C. 300f–300j–26 

• 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. 3901 and 3921 

• Wetlands Mitigation, 23 U.S.C. 119(g) 

and 133(b) 

• 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), 23 U.S.C. 138 and 49 

U.S.C. 303 

• Land and Water Conservation Fund 

Act, 54 U.S.C. 200302–200310 

Hazardous Materials Management 

• Comprehensive Environmental 

Response, Compensation, and 

Liability Act, 42 U.S.C. 9601–9675 

• Superfund Amendments and 

Reauthorization Act, 42 U.S.C. 9671– 

9675 

• Resource Conservation and Recovery 

Act, 42 U.S.C. 6901–6992k 

FHWA-Specific 

• Planning and Environment 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 


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Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23313 

• E.O. 13112, Invasive Species 

• E.O. 13985—Advancing Racial Equity 

and Support for Underserved 

Communities Through the Federal 

Government 

• E.O. 13990—Protecting Public Health 

and the Environment and Restoring 

Science to Tackle the Climate Crisis 

• E.O. 14008—Tackling the Climate 

Crisis at Home and Abroad 

• Other EOs not listed, but related to 

highway projects. 

The proposed renewal MOU would 

allow Caltrans 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 EOs. Caltrans will 

continue to handle routine 

consultations with the Tribes and 

understands that a Tribe has the right to 

direct consultation with FHWA upon 

request. Caltrans also may assist FHWA 

with formal consultations, with consent 

of a Tribe, but FHWA remains 

responsible for the consultation. 

Caltrans 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. 

The MOU content reflects Caltrans’ 

desire to continue its participation in 

the Program. The FHWA and Caltrans 

have agreed to modify some of the 

provisions in the MOU to, among other 

things: clarify the categories of projects 

for which Caltrans is assigned 

responsibility, designate a Senior 

Agency Official at Caltrans consistent 

with 40 CFR 1508.1(dd); remove 

projects for which FHWA retained 

responsibilities for environmental 

review following a NEPA decision; 

update record retention requirements; 

provide for enhanced reporting to 

FHWA on issues including 

environmental justice analysis and 

associated mitigation, where applicable; 

revise provisions related to data and 

information requests; and revise 

provisions related to FHWA-initiated 

withdrawal of assigned projects. 

Prior MOUs in this Program had 5- 

year terms. Changes to 23 U.S.C. 

327(c)(5) under the Bipartisan 

Infrastructure Law (Infrastructure 

Investment and Jobs Act, Pub. L. 117– 

58), enacted on November 15, 2021, 

require that MOUs have a term of 10 

years for a State that has assumed the 

responsibility for environmental review 

under the Program for 10 years or 

longer. Caltrans has participated in this 

program for 15 years. Therefore, this 

proposed renewal MOU will have a 

term of 10 years. 

A copy of the proposed renewal MOU 

and renewal package may be viewed on 

the DOT 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 

Caltrans’ website at: https://dot.ca.gov/ 

programs/environmental-analysis/nepaassignment. 

The FHWA California Division, in 

consultation with FHWA Headquarters, 

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. 

(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 773; 40 CFR 1507.3, 

1508.4. 

Stephanie Pollack, 

Deputy Administrator, Federal Highway 

Administration. 

[FR Doc. 2022–08294 Filed 4–18–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: 

Mendocino, California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of intent to prepare a 

Draft Environmental Impact Statement 

(DEIS). 

SUMMARY: The FHWA, on behalf of the 

California Department of Transportation 

(Caltrans), is issuing this notice to 

advise the public that a DEIS and 

Section 4(f) evaluation will be prepared 

for the Albion River Bridge 

Replacement/Rehabilitation Project 

(Project) on State Route (SR) 1, in 

Mendocino County, California, from 

post mile 43.3 to post mile 44.2. 

DATES: This notice will be accompanied 

by a 30-day public scoping comment 

period from April 15, 2022, to May 16, 

2022. The deadline for public comments 

is Monday, May 16, 2022. 

Virtual Scoping Meeting: The virtual 

scoping meeting will be held on 

Thursday, May 5, 2022, from 6:00 p.m. 

to 7:30 p.m. via WebEx by accessing the 

following online meeting information 

below: To attend the Virtual Public 

Scoping Meeting online, enter this 

WebEx address into your web browser: 

• bit.ly/Albion_Public_Meeting and 

enter this password: albionriver1 

To attend the Virtual Public Scoping 

Meeting by phone, call this WebEx dialin phone number: 

• +1–408–418–9388 and enter this 

meeting code at the prompt: 2484 877 

6866 

ADDRESSES: To submit comments on the 

NOI, please submit them by one of the 

following means to ensure you do not 

duplicate your submissions: 

• Mail: California Department of 

Transportation, Attention: Liza Walker, 

Caltrans District 1, 1656 Union Street, 

Eureka, CA 95501. 

• Email: albionbridge@dot.ca.gov. 

The comments received during this 

30-day comment period will be 

published in the DEIS without change, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: Liza 

Walker, Environmental Branch Chief, 

Caltrans District 1, 1656 Union Street, 

Eureka, CA 95501, telephone (707) 441– 

5672 or email albionbridge@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the FHWA assigned, and 

Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Caltrans as the 

assigned National Environmental Policy 

Act (NEPA) agency, will prepare a DEIS 

and Section (4f) evaluation on a 

proposal for a bridge replacement/ 

rehabilitation project in Mendocino 

County, California. The proposed 

project would involve either the 

replacement or rehabilitation of the 

existing bridge, as well as a no-action 

alternative, on SR 1 between post mile 

43.3 to post mile 44.2. 

Purpose and Need for the Proposed 

Action: The purpose of this Project is to 

either replace or rehabilitate the 

seismically and structurally deficient 

Albion River Bridge with a structure 

that would ensure the safety and 

reliability of this critical link on SR 1 of 

the state highway system. The Project is 

needed to address several critical 

deficiencies associated with the existing 

bridge. Correcting these deficiencies 

would improve safety for all users and 

reduce the chance of catastrophic bridge 

failure. 


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