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
23310 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Notices 

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 FDOT, the responsibility for 

making decisions on the following types 

of highway projects: 

1. All Class I, or environmental 

impact statement (EIS) 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. The Class I 

projects under the proposed renewal 

MOU include two projects excluded 

from assignment under the 2016 MOU. 

Since that time, Records of Decision 

have been issued, and statutes of 

limitation for initiation of legal 

proceedings have passed, for both these 

projects. Therefore, responsibility and 

liability for any future environmental 

review are assigned to FDOT. 

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. 

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, 

FDOT would not assume the NEPA 

responsibilities of other Federal 

agencies. However, FDOT may use or 

adopt other Federal agencies’ NEPA 

analyses or documents consistent with 

40 CFR 1500–1508, current law, 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 

FDOT; projects that cross State 

boundaries; projects that cross or are 

adjacent to international boundaries; 

any projects that may be designed and 

constructed by FHWA under a 23 U.S.C. 

308 agreement between the FHWA 

Eastern Federal Lands Highway 

Division and FDOT; projects under the 

Recreational Trails Program at 23 U.S.C. 

206; and any projects advanced by 

direct recipients of Federal-aid highway 

funds other than FDOT except when 

pursuant to a LAP Agreement between 

FDOT and the direct recipient. 

The assignment also would give 

FDOT 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 772 

• Airport Noise and Capacity Act of 

1990, 49 U.S.C. 47521–47534 

Wildlife 

• Endangered Species Act of 1973, 16 

U.S.C. 1531–1544 

• Marine Mammal Protection Act, 16 

U.S.C. 1361–1423h 

• Anadromous Fish Conservation Act, 

16 U.S.C. 757a–757f 

• 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. 180l– 

1891d et seq., with Essential Fish 

Habitat requirements at 16 U.S.C. 

1855(b)(2) 

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 

• Section 106 of the National Historic 

Preservation Act of 1966, as amended, 

54 U.S.C. 306101 et seq. 

• 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 

• Archeological Resources Protection 

Act of 1979, 16 U.S.C. 470aa-470mm 

• Title 54, Chapter 31, Preservation of 

Historical and Archeological Data, 54 

U.S.C. 312501–312508 

• Native American Grave Protection 

and Repatriation Act, 25 U.S.C. 3001– 

30131; 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 319, 401, and 404) 

• 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 

• 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) 

• Flood Disaster Protection Act, 42 

U.S.C. 4001–4130 

• FHWA wetland and natural habitat 

mitigation regulations, 23 CFR part 

777 

Parklands 

• Section 4(f) of the Department of 

Transportation Act of 1966, 49 U.S.C. 

303 

• Land and Water Conservation Fund 

Act, 54 U.S.C. 200302–200310 

FHWA-Specific 

• Environmental Impact and Related 

Procedures, 23 CFR part 771 

• 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 

• Efficient Project Reviews for 

Environmental Decision Making 23 

U.S.C. 139 

• 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. 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. 11990, Protection of Wetlands 

• E.O. 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low 

Income Populations 

• 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 E.O.’s not listed, but related to 

highway projects. 


lotter on DSK11XQN23PROD with NOTICES1
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 


lotter on DSK11XQN23PROD with NOTICES1