61370 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices 

requirements for the submittal of noise 

compatibility programs, but that further 

review will be necessary prior to 

approval or disapproval of the program. 

The formal review period, limited by 

law to a maximum of 180 days, will be 

completed on or before April 8, 2015. 

The FAA’s detailed evaluation will be 

conducted under the provisions of 14 

CFR part 150, Section 150.33. The 

primary considerations in the 

evaluation process are whether the 

proposed measures may reduce the level 

of aviation safety, create an undue 

burden on interstate or foreign 

commerce, or be reasonably consistent 

with obtaining the goal of reducing 

existing non compatible land uses and 

preventing the introduction of 

additional non-compatible land uses. 

Interested persons are invited to 

comment on the proposed program with 

specific reference to these factors. 

Questions may be directed to the 

individual named above under the 

heading: FOR FURTHER INFORMATION

CONTACT. 

Issued in Burlington, Massachusetts, on 

September 25, 2014. 

Mary T. Walsh, 

Manager, Airports Division. 

[FR Doc. 2014–23818 Filed 10–9–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2014–0024] 

Application From the State of Texas 

Under the Surface Transportation 

Project Delivery Program and 

Proposed Memorandum of 

Understanding (MOU) Assigning 

FHWA’s Environmental Review 

Responsibilities to the State 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed MOU and 

request for comments. 

SUMMARY: This notice announces that 

the FHWA has received and reviewed 

an application from the Texas 

Department of Transportation (State) 

requesting participation in the Surface 

Transportation Project Delivery Program 

(Program). This Program allows for 

States to apply to assume, and for 

FHWA to assign, environmental review 

responsibilities under the National 

Environmental Policy Act of 1969 

(NEPA), and all or part of FHWA’s 

responsibilities for environmental 

reviews, consultations, or other actions 

required under any Federal 

environmental law with respect to one 

or more Federal highway projects 

within the State. The FHWA has 

determined the application to be 

complete, and developed a draft MOU 

with the State outlining how the State 

will implement the program, with 

FHWA oversight. The public and 

agencies are now invited to comment on 

the State’s request and the draft MOU. 

In particular, FHWA seeks comments on 

the proposed scope of the assignments 

and assumptions of responsibilities set 

out in the draft MOU for environmental 

reviews, consultations, and other 

activities to be assigned. 

DATES: Please submit comments by 

November 10, 2014. 

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 

http://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 http://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Leary, Director of Planning 

and Program Development, Federal 

Highway Administration Texas 

Division, 300 E. 8 St., Room 826, 

Austin, TX 78701, 7:00 a.m.–4:30 p.m. 

c.t., (512) 536–5940, michael.leary@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded from the Federal 

Register’s home page at http://

www.archives.gov and the Government 

Printing Office’s database at http://

www.access.gpo.gov/nara. An electronic 

version of the application materials and 

proposed MOU may be downloaded by 

accessing the DOT DMS docket, as 

described above, at http://

www.regulations.gov/. 

Background 

Section 327 of title 23, United States 

Code (U.S.C.), allows for States to apply 

to assume, and for the Secretary of the 

USDOT (Secretary) to assign, the 

Secretary’s NEPA responsibilities and 

all or part of the Secretary’s 

responsibilities for environmental 

review, consultation, or other actions 

required under any other Federal 

environmental law with respect to one 

or more Federal highway projects. The 

FHWA is authorized to act on behalf of 

the Secretary with respect to these 

matters. 

The State has submitted application 

materials requesting to participate in 

this Program. The FHWA has reviewed 

these application materials, which 

include public and agency comments on 

the application and has determined 

them complete. The FHWA and the 

State have developed a draft MOU 

outlining how the State will implement 

the Program and how FHWA will 

oversee the State’s implementation as 

required by 23 U.S.C. 327. The FHWA 

now seeks public comments on the 

State’s request pursuant to 23 CFR 

773.111(a). 

Under the proposed MOU, FHWA 

would assign to the State the NEPA 

environmental review responsibilities 

for the following Federal highway 

projects: 

1. Projects requiring environmental 

impact statements (EIS), both on the 

State highway system (SHS) and local 

government projects off the SHS that 

FHWA funds or that require FHWA 

approvals, except the following EIS 

projects, which FHWA will not assign: 

Harbor Bridge, Trinity Parkway, and 

South Padre Island Causeway 2. 

2. Projects requiring environmental 

assessments, both on the SHS and local 

government projects off the SHS that 

FHWA funds or that require FHWA 

approvals. 

3. Projects qualifying for categorical 

exclusions (CE), both on the SHS and 

local government projects off the SHS 

that FHWA funds or that require FHWA 

approvals. The FHWA previously 

signed a MOU with the State assigning 

CE responsibility under the authority in 

23 U.S.C. 326. Upon execution of this 

MOU, the 23 U.S.C. 326 CE MOU 

between FHWA and the State will be 

terminated, and projects included under 

that MOU will be assumed under the 

Program. 

4. Highway projects within the State 

that other Federal agencies fund [or 

projects without any Federal funding] 

that also include FHWA funding or that 

require FHWA approvals. For these 

projects, the assigned environmental 

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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices 61371 

review responsibilities would be limited 

to those that FHWA would otherwise 

have. 

The FHWA’s NEPA responsibilities 

include those established in 

implementing procedures such as 40 

CFR parts 1500–1508, DOT Order 

5610.1C, 23 CFR part 771, and those 

established through other NEPA-related 

provisions such as 23 U.S.C. 139. In 

addition to the NEPA review 

responsibilities associated with the 

above categories of projects, the 

assignment would include FHWA’s 

responsibilities associated with these 

projects under the following 

environmental review, consultation, and 

other related requirements: 

Air Quality 

• Clean Air Act (CAA), 42 U.S.C. 

7401–7671q, with the exception of any 

conformity determinations. 

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. 

• 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. 

• Magnuson-Stevens Fishery 

Conservation and Management Act of 

1976, as amended, 16 U.S.C. 1801 et 

seq., with Essential Fish Habitat 

requirements at 1855(b)(2). 

Historic and Cultural Resources 

• National Historic Preservation Act 

of 1966, as amended, 16 U.S.C. 470 et 

seq. 

• 23 U.S.C. 138 (‘‘Section 4(f)’’) and 

49 U.S.C. 303 and implementing 

regulations at 23 CFR part 774. 

• Archaeological Resources 

Protection Act of 1977, 16 U.S.C. 470aa– 

470mm. 

• Archeological and Historic 

Preservation Act of 1966, as amended, 

16 U.S.C. 469–469c. 

• Native American Graves Protection 

and Repatriation Act (NAGPRA), 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 

(FPPA), 7 U.S.C. 4201–4209. 

Water Resources and Wetlands 

• Clean Water Act, 33 U.S.C. 1251– 

1387 (Section 401, 402, 404, 408, 

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. 

• General Bridge Act of 1946, 33 

U.S.C. 525–533. 

• Rivers and Harbors Act of 1899, 33 

U.S.C. 401–406. 

• Wild and Scenic Rivers Act, 16 

U.S.C. 1271–1287. 

• Emergency Wetlands Resources 

Act, 16 U.S.C. 3901, 3921. 

• Wetlands Mitigation, 23 U.S.C. 

119(g), 133 (b)(14). 

• Flood Disaster Protection Act, 42 

U.S.C. 4001–4130. 

Parklands and Other Special Uses 

• 23 U.S.C. 138 and 49 U.S.C. 303, 

and implementing regulations at 23 CFR 

part 774. 

• Land and Water Conservation Fund 

Act, 16 U.S.C. 4601–4 to 4601–11. 

FHWA-Specific 

• Planning and Environmental 

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 Relating to Highway 

Projects 

• E.O. 11990, Protection of Wetlands. 

• E.O. 11988, Floodplain 

Management. 

• E.O. 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low Income 

Populations. 

• E.O. 13112, Invasive Species. 

The MOU would allow the State to act 

in the place of FHWA for highway 

projects 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 

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 government-to-government 

consultation with FHWA upon request. 

The State also may assist FHWA with 

formal consultations, with consent of a 

tribe, but FHWA remains responsible for 

the formal consultation. The State also 

will not assume FHWA’s 

responsibilities for conformity 

determinations required under section 

176 of the CAA or any responsibility 

under 23 U.S.C. 134 or 135, or under 49 

U.S.C. 5303 or 5304. 

A copy of the application materials 

and proposed MOU 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 the State’s Web site at 

www.txdot.gov. 

The FHWA will consider the 

comments submitted when making its 

decision to approve the application and 

execute the MOU. Any final MOU 

approved by FHWA may include 

changes based on comments received on 

the proposed MOU. 

(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. 327; 42 U.S.C. 4331, 

4332; 23 CFR part 773. 

Issued on: October 7, 2014. 

Gregory G. Nadeau, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2014–24327 Filed 10–9–14; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket Nos. FMCSA–2008–0362 and 

FMCSA–2006–26367] 

Motor Carrier Safety Advisory 

Committee (MCSAC) and Medical 

Review Board (MRB) Meetings: Public 

Meetings 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Announcement of advisory 

committee public meetings. 

SUMMARY: FMCSA announces a joint 

meeting of its Motor Carrier Safety 

Advisory Committee (MCSAC) and 

Medical Review Board (MRB) on 

October 27, 2014, and a meeting of the 

MCSAC on Tuesday, October 28. 

MCSAC and the MRB will jointly 

identify concepts the Agency should 

consider in relation to Schedule II 

medications and their use by 

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