60750 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 

will be prepared for the proposed State 

Route 76 (SR–76) South Mission Road to 

the Interstate 15 (I–15) interchange 

highway improvement project in San 

Diego County, California. 

FOR FURTHER INFORMATION CONTACT: 

Susanne Glasgow, Deputy District 

Director, at the California Department of 

Transportation, District 11— 

Environmental Division, M.S.–242, 4050 

Taylor Street, San Diego, California 

92110, Telephone (619) 688–0100. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the Federal Highway 

Administration assigned and Caltrans 

assumed environmental responsibilities 

for this project, pursuant to 23 U.S.C. 

327. Caltrans will prepare an 

Environmental Impact Statement (EIS) 

on a proposal for a highway 

improvement project in San Diego 

County, California. The proposed 

project would upgrade and improve 

operations on SR–76 from the vicinity of 

South Mission Road to the vicinity of 

the SR–76/I–15 interchange. The 

proposed improvements would upgrade 

the roadway to current design standards 

and improve operations of intersections 

and at the interchange on and off ramps. 

These improvements are considered 

necessary to provide for the increase in 

existing and projected traffic demand. 

The total length of the proposed project 

is approximately 5.2 miles. Preliminary 

alternatives under consideration include 

(1) Take no action; (2) construct 

improvements along the existing 

roadway; and (3) construct a new 

southern alignment. Anticipated final 

approvals for the proposed project 

include, but are not limited to, 

consultation with the U.S. Fish and 

Wildlife Service under Section 7 of the 

Endangered Species Act, Consultation 

under Section 2081 of the California 

Endangered Species Act, conformance 

with the Section 404 MOU Integration 

Process, conformance with Section 404 

of the Clean Water Act, conformance 

with Section 1602 of the California 

Department of Fish and Game Code, 

conformance with Section 4(f), and 

conformance with the Clean Air Act. 

Letters describing the proposed action 

and soliciting comments will be sent to 

appropriate Federal, State, Cooperating/ 

Participating Agencies (including Tribal 

governments), local agencies, and to 

private organizations and citizens who 

have previously expressed or are known 

to have an interest in this proposal. 

National Environmental Policy Act 

documentation for the proposed project 

began in March 2008. The Public 

Scoping meeting will be held at the 

Bonsall Community Center in Bonsall, 

California on October 22, 2008, from 5 

p.m. to 8 p.m. In addition, a public 

hearing will be held. Public notice will 

be given of the time and place of the 

public hearing (as applicable). The EIS 

will be available for public and agency 

review and comment prior to the public 

hearing. 

To ensure that the full range of issues 

to this proposed action is addressed and 

all significant issues are identified, 

comments and suggestions are invited 

from all interested parties. 

Comments or questions concerning 

this proposed action and the EIS should 

be directed to the address provided 

above. 

(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: October 7, 2008. 

Nancy E. Bobb, 

Director, State Programs, Sacramento, 

California. 

[FR Doc. E8–24254 Filed 10–10–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2008–0140] 

Proposed Memorandum of 

Understanding (MOU) Assigning 

Environmental Responsibilities to the 

State of Alaska 

AGENCY: Federal Highway 

Administration (FHWA), Alaska 

Division Office, DOT. 

ACTION: Notice of proposed MOU and 

request for comments. 

SUMMARY: This notice announces that 

the FHWA and the Alaska Department 

of Transportation and Public Facilities 

(State) have developed a proposed 

MOU, pursuant to 23 U.S.C. 326, under 

which the FHWA would assign to the 

State the FHWA’s responsibility for 

determining whether a project is 

categorically excluded from preparation 

of an environmental assessment or an 

environmental impact statement under 

the National Environmental Policy Act 

of 1969, 42 U.S.C. 4321 et seq. (NEPA), 

and for carrying out certain other 

responsibilities for conducting 

environmental reviews, consultations, 

and related activities for Federal-aid 

highway projects. The public is invited 

to comment on any aspect of the 

proposed MOU, including the proposed 

designations of categorical exclusions 

and scope of environmental review, 

consultation and other activities to be 

assigned. 

DATES: Please submit comments by 

November 28, 2008. 

ADDRESSES: You may submit comments 

identified by Federal Document 

Management System (FDMS) Docket 

Number FHWA–2008–0140, or by any 

of the following methods: 

Web site: http://www.regulations.gov. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., Room W12– 

140, Washington, DC 20590–0001 

Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington DC, between 9 a.m. and 5 

p.m. (EST), Monday through Friday, 

except federal holidays. 

Docket: 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 go to 

the ground floor, U.S. Department of 

Transportation, Room W12–140, 1200 

New Jersey Avenue, SE., Washington 

DC, between 9 a.m. and 5 p.m. (EST), 

Monday through Friday, except federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Tim 

Haugh, Environmental Program 

Manager, FHWA Alaska Division, 709 

West 9th Street, Room 851, Juneau, AK 

99802, Office Hours 7 a.m. to 3:30 p.m. 

(AST) Monday through Friday, (907) 

586–7418, tim.haugh@dot.gov; or 

William Ballard, Statewide 

Environmental Manager, Statewide 

Design and Engineering Services, Alaska 

Department of Transportation and 

Public Facilities, P.O. Box 112500, 

Juneau, AK 99811–2500, Office Hours 8 

a.m. to 4:30 p.m. (AST) Monday through 

Friday, (907) 465–6954, 

bill.ballard@alaska.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded using a computer, 

modem, and suitable communications 

software from the Government Printing 

Office’s Electronic Bulletin Board 

Service at (202) 512–1661. Internet users 

may reach the Office of the Federal 

Register’s home page at http:// 

www.archives.gov and the Government 

Printing Office’s Web site at http:// 

www.access.gpo.gov. An electronic 

version of the proposed MOU may be 

downloaded by accessing the FDMS 

docket, as described above, at http:// 

www.regulations.gov. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60751 

Background 

Section 6004(a) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (Pub. L. 109–059), codified as 

Section 326 of amended Chapter 3 of 

Title 23, United States Code (23 U.S.C. 

326), allows the Secretary of the United 

States Department of Transportation 

(USDOT Secretary), to assign, and a 

State to assume, responsibility for 

determining whether certain designated 

activities are included within classes of 

action that are categorically excluded 

from requirements for environmental 

assessments or environmental impact 

statements pursuant to regulations 

promulgated by the Council on 

Environmental Quality under part 1500 

of Title 40, Code of Federal Regulations 

(CFR) (as in effect on October 1, 2003). 

The FHWA is authorized to act on 

behalf of the USDOT Secretary with 

respect to these matters. 

Under the proposed MOU, the FHWA 

would assign to the State the 

responsibility for making decisions on 

the following types of categorical 

exclusions: 

1. Activities listed in 23 CFR 

771.117(c); 

2. The example activities listed in 23 

CFR 771.117(d); and 

3. Additional actions listed in 

Appendix A; None. 

The proposed MOU also 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, 42 U.S.C. 7401–7671q, 

determinations for project-level 

conformity if required for the 

project 

2. Compliance with the noise 

regulations in 23 CFR 772 

3. Section 7 of the Endangered Species 

Act of 1973, 16 U.S.C. 1531–1544, 

and Section 1536 (except as 

specified in Stipulation II.B.2 of the 

MOU) 

4. Marine Mammal Protection Act, 16 

U.S.C. 1361 

5. Anadromous Fish Conservation Act, 

16 U.S.C. 757a–757g 

6. Fish and Wildlife Coordination Act, 

16 U.S.C. 661–667d 

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

703–712 

8. Magnuson-Stevens Fishery 

Conservation and Management Act 

of 1976, as amended, 16 U.S.C. 

1801 et seq. 

9. Bald and Golden Eagle Protection 

Act, 16 U.S.C. 668–668c 

10. Section 106 of the National Historic 

Preservation Act of 1966, as 

amended, 16 U.S.C. 470(f) et seq. 

11. Section 4(f) of the Department of 

Transportation Act of 1966, 23 

U.S.C. 138 and 49 U.S.C. 303 

12. Archaeological and Historic 

Preservation Act of 1966, as 

amended, 16 U.S.C. 469–469(c) 

13. American Indian Religious Freedom 

Act, 42 U.S.C. 1996 

14. Farmland Protection Policy Act, 7 

U.S.C. 4201–4209 

15. Clean Water Act, 33 U.S.C. 1251– 

1377 

16. Coastal Barrier Resources Act, 16 

U.S.C. 3501–3510 

17. Coastal Zone Management Act, 16 

U.S.C. 1451–1465 

18. Safe Drinking Water Act, 42 U.S.C. 

300f–300j–6 

19. Rivers and Harbors Act of 1899, 33 

U.S.C. 401–406 

20. Wild and Scenic Rivers Act, 16 

U.S.C. 1271–1287 

21. Emergency Wetlands Resources Act, 

16 U.S.C. 3921, 3931 

22. Transportation Equity Act of the 

21st Century, 23 U.S.C. 103(b)(6)(m) 

and 133(b)(11) 

23. Flood Disaster Protection Act, 42 

U.S.C. 4001–4128 

24. Land and Water Conservation Fund, 

16 U.S.C. 4601–4604 

25. Comprehensive Environmental 

Response, Compensation and 

Liability Act, 42 U.S.C. 9601–9675 

26. Superfund Amendments and 

Reauthorization Act of 1986 

27. Resource Conservation and Recovery 

Act, 42 U.S.C. 6901–6992k 

28. Landscaping and Scenic 

Enhancement, 23 U.S.C. 319 

29. E.O. 11990, Protection of Wetlands 

30. E.O. 11988, Floodplain Management 

31. E.O. 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low 

Income Populations 

32. E.O. 11593, Protection and 

Enhancement of the Cultural 

Environment 

33. E.O. 13007, Indian Sacred Sites 

34. E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments 

35. E.O. 13112, Invasive Species 

The MOU would allow 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-togovernment consultation with federally 

recognized Indian tribes, which is 

required under some of the listed laws 

and executive orders. The State will 

continue to handle routine 

consultations with the tribes and 

understands that a tribe has the right to 

direct consultation with the FHWA 

upon request. The State also may assist 

the FHWA with formal consultations, 

with consent of a tribe, but the FHWA 

remains responsible for the 

consultation. This assignment includes 

transfer to the State 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. 

A copy of the proposed MOU may be 

viewed on the FDMS Docket, as 

described above, or may be obtained by 

contacting the FHWA or the State at the 

addresses provided above. A copy also 

may be viewed at http:// 

www.dot.state.ak.us/stwddes/ 

dcsenviron/index.shtml. 

Once the FHWA makes a decision on 

the proposed MOU, the FHWA will 

place in the FDMS Docket a statement 

describing the outcome of the decisionmaking process and a copy of the final 

MOU, if any. Copies of those documents 

also may be obtained by contacting the 

FHWA or the State of Alaska at the 

addresses provided above, or by viewing 

the documents at http:// 

www.dot.state.ak.us/stwddes/ 

dcsenviron/index.shtml. 

(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. 

Issued on: October 6, 2008. 

David C. Miller, 

Division Administrator, Juneau, Alaska. 

[FR Doc. E8–24249 Filed 10–10–08; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2008 0095] 

Information Collection Available for 

Public Comments and 

Recommendations 

ACTION: Notice of intention to request 

extension of OMB approval and request 

for comments. 


jlentini on PROD1PC65 with NOTICES