Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23307 

• U.S.-Singapore MOI, https://2001- 

2009.state.gov/g/oes/rls/or/22193.htm. 

DATES: The virtual public session of the 

Biennial Review will be held by 

teleconference on April 21, 2022, from 

9:15 p.m. to 10:00 p.m. We request 

comments and suggestions in writing no 

later than April 19, 2022. 

ADDRESSES: Requests for sign-in 

instructions to attend the virtual public 

session, as well as any comments or 

questions, should be submitted to: Brian 

Bedell, Office of Environmental Quality, 

U.S. Department of State, by electronic 

mail to BedellBT@state.gov with the 

subject line ‘‘United States-Singapore 

Biennial Review.’’ 

FOR FURTHER INFORMATION CONTACT: 

Brian Bedell, by telephone; (202) 647– 

1126, electronic mail; BedellBT@

state.gov. 

SUPPLEMENTARY INFORMATION: The MOI 

was signed on June 13, 2003. Section 3 

of the MOI calls for biennial meetings to 

review the status of environmental 

cooperation and update the POA, as 

appropriate. The 2022–2023 POA will 

be the eighth between the United States 

and Singapore under the MOI. 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management, Department of State. 

[FR Doc. 2022–08290 Filed 4–18–22; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2022–0006] 

Renewal Package From the State of 

Utah 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 Utah 

Department of Transportation (UDOT) 

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 

UDOT outlining how the State will 

implement the Program with FHWA 

oversight. The public is invited to 

comment on UDOT’s 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: Ed Woolford by email at: 

Edward.Woolford@dot.gov or by 

telephone at (801) 955–3524. The 

FHWA Utah Division Office’s normal 

business hours are 7:30 a.m. to 4:30 p.m. 

(Mountain Time), Monday–Friday, 

except for Federal holidays. For the 

State of Utah: Brandon Weston by email 

at: brandonweston@utah.gov or by 

telephone at (801) 965–4603. State 

business hours are 8 a.m. to 5 p.m., 

Monday–Friday, except for State 

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 

FHWA is authorized to act on behalf of 

the Secretary with respect to these 

matters. 

The UDOT entered the Program on 

January 17, 2017, 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 November 16, 2016, FHWA 

published a notice of UDOT’s 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 UDOT considered comments and 

proceeded to execute the MOU (2017 

MOU). Effective January 17, 2017, 

UDOT assumed FHWA’s 

responsibilities under NEPA, and the 

responsibilities for reviews under other 

Federal environmental requirements. 

On July 21, 2021, after coordination 

with FHWA, UDOT submitted a renewal 

package in accordance with the renewal 

regulations in 23 CFR 773.115. On 

November 18, 2021, UDOT requested an 

extension to the 2017 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 UDOT, 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 

Agency Program (LAP) 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 

LAP 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 


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23308 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 

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 LAP 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, 

UDOT would not assume the NEPA 

responsibilities of other Federal 

agencies. However, UDOT 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 

UDOT; 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 UDOT. 

The assignment also would give 

UDOT 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 (42 U.S.C. 7506). 

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 

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

703–712 

• Bald and Golden Eagle Protection Act, 

16 U.S.C. 668–668d 

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 

Historic and Cultural Resources 

• National Historic Preservation Act of 

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

et seq. 

• Archeological and Historic 

Preservation Act of 1966, as amended 

16 U.S.C. 470aa–479mm 

• Title 54, Chapter 3125, Preservation of 

Historical and Archeological Data, 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, 408, and 

Section 319) 

• Safe Drinking Water Act, 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. 3921 

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

and 133(b)(14) 

• Flood Disaster Protection Act, 42 

U.S.C. 4001–4130 

• General Bridge Act of 1946, 33 U.S.C. 

525–533 

• FHWA wetland and natural habitat 

mitigation regulations, 23 CFR part 

777 

Parklands 

• 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 

• Land and Water Conservation Fund 

Act, 54 U.S.C. 200302–200310 

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 

• E.O. 13112, Invasive Species, as 

amended by E.O. 13751, Safeguarding 

the Nation from the Impacts of 

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 E.O.’s not listed, but related to 

highway projects. 

The proposed renewal MOU would 

allow UDOT 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 UDOT 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 UDOT also may assist 

FHWA with formal consultations, with 

consent of a Tribe, but FHWA remains 

responsible for the consultation. The 

UDOT 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 UDOT’s 

desire to continue its participation in 

the Program. The FHWA and UDOT 

have agreed to modify some of the 

provisions in the MOU to, among other 

things: Clarify the categories of projects 

for which UDOT is assigned 

responsibility, designate a Senior 

Agency Official at UDOT consistent 

with 40 CFR 1508.1(dd); remove 

projects for which FHWA retained 

responsibilities for environmental 

review following a NEPA decision; 

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, 


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Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 23309 

where applicable; revise provisions 

related to data and information requests; 

and revise provisions related to FHWAinitiated withdrawal of assigned 

projects. 

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 

UDOT’s website at https://

www.udot.utah.gov/connect/about-us/ 

program-development-group/ 

environmental-division/. 

The FHWA Utah 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. 2022–08291 Filed 4–18–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2022–0005] 

Renewal Package 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), 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 Florida 

Department of Transportation (FDOT) 

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 

FDOT outlining how the State will 

implement the Program with FHWA 

oversight. The public is invited to 

comment on FDOT’s 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 

20590–0001 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: Karen Brunelle by email at: 

Karen.Brunelle@dot.gov or by telephone 

at (850) 553–2218. The FHWA Florida 

Division Office’s normal business hours 

are 8 a.m. to 4:30 p.m. e.t., Monday– 

Friday, except for Federal holidays. For 

the State of Florida: Jennifer Marshall, 

P.E. by email at: Jennifer.Marshall@

dot.state.fl.us or by telephone at (863) 

519–2239. 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 

FHWA is authorized to act on behalf of 

the Secretary with respect to these 

matters. 

The FDOT entered the Program on 

December 14, 2016, 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 15, 2016, prior to submittal 

of its application to FHWA, FDOT 

published in the Florida Administrative 

Register and solicited public comment 

on its draft application to participate in 

the Program. After considering and 

addressing public comments, FDOT 

submitted its application to FHWA on 

May 31, 2016. The application served as 

the basis for developing the MOU 

identifying the responsibilities and 

obligations FDOT would assume. The 

FHWA published a notice of the draft 

MOU in the Federal Register on 

November 1, 2016, soliciting the views 

of the public and Federal agencies on 

FHWA’s preliminary decision to 

approve the application. Following the 

comment period, FHWA and FDOT 

considered comments and proceeded to 

execute the MOU (2016 MOU). Effective 

December 14, 2016, FDOT assumed 

FHWA’s responsibilities under NEPA, 

and the responsibilities for reviews 

under other Federal environmental 

requirements. 

On May 12, 2021, after coordination 

with FHWA, FDOT submitted a renewal 

package in accordance with the renewal 

regulations in 23 CFR 773.115. On 

October 20, 2021, FDOT sent a letter 

requesting an extension to the 2016 

MOU in order to allow further 

discussion on additional language in the 

renewal MOU. In a letter dated 


lotter on DSK11XQN23PROD with NOTICES1