Executed Memorandum of Understanding Assigning FHWA's Environmental Review Responsibilities to the State of Arizona Under the Surface Transportation Project Delivery Program

Published date06 June 2019
Citation84 FR 26503
Record Number2019-11900
SectionNotices
CourtFederal Highway Administration,Transportation Department
Federal Register, Volume 84 Issue 109 (Thursday, June 6, 2019)
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
                [Notices]
                [Pages 26503-26504]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-11900]
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                DEPARTMENT OF TRANSPORTATION
                Federal Highway Administration
                [Docket No. FHW-2018-0046]
                Executed Memorandum of Understanding Assigning FHWA's
                Environmental Review Responsibilities to the State of Arizona Under the
                Surface Transportation Project Delivery Program
                AGENCY: Federal Highway Administration (FHWA), U.S. Department of
                Transportation (DOT).
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: This notice announces the execution of the Memorandum of
                Understanding (MOU) and approval of the application from the Arizona
                Department of Transportation (State) requesting participation in the
                Surface Transportation Project Delivery Program (Program). It also
                summarizes and responds to the comments received on the draft MOU.
                FOR FURTHER INFORMATION CONTACT: Neel Vanikar, Office of Project
                Development & Environmental Review, Federal Highway Administration,
                U.S. Department of Transportation, 1200 New Jersey Avenue SE,
                Washington, DC 20590, (202) 366-2068, [email protected].
                 David Sett, Office of Chief Counsel, Federal Highway
                Administration, U.S. Department of Transportation, 60 Forsyth Street
                8M5, Atlanta, GA 30303, (404) 562-3676, [email protected].
                 Anthony Sarhan, Assistant Division Administrator, Federal Highway
                Administration Arizona Division, 4000 N. Central Avenue, Ste. 1500,
                Phoenix, AZ 85012-3500, (602) 379-3646, [email protected].
                 Steven Olmsted, NEPA Assignment Manager, Arizona Department of
                Transportation, Environmental Planning, 1611 West Jackson, Mail Drop
                EM02, Phoenix, AZ 85007, (602) 712-6421, [email protected].
                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.
                Background
                 Section 327 of Title 23, United States Code (23 U.S.C. 327), allows
                the Secretary of the DOT, to assign, and a State to assume, the
                Secretary's National Environmental Policy Act of 1969 (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-aid 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 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 published a notice in the Federal Register on February
                11, 2019, at 84 FR 3275,
                [[Page 26504]]
                providing the public an opportunity to comment on the preliminary
                decision to approve the State's application and public and Agency
                comments on the MOU.
                 The FHWA received 51 comments in response to the Federal Register
                Notice. Nine comments were in support of the application and the
                State's readiness for this assignment. An additional 42 comments
                expressed concern for the State's ability to assume FHWA's
                responsibilities for a particular project or generally for the Program.
                The comments in opposition mentioned concerns for the State's ability
                to manage the environmental review process for the Interstate 11 (I-11)
                and Sonoran Corridor Tier II Environmental Impact Statements (EIS).
                 The FHWA has considered these comments and offers the following
                responses. The FHWA notes that by signing the MOU and the State
                accepting the jurisdiction of the Federal courts in cases that involve
                the compliance, discharge, and enforcement of any responsibility of the
                Secretary assumed by the State pursuant to the MOU, the State has taken
                on both the responsibility and liability for meeting all environmental
                laws under NEPA. Under the Program, the State will make the project-
                level decisions in relation to NEPA on highway projects within the
                State; however, other Federal agencies will continue to make decisions
                respective to their own project-level responsibilities. In the State's
                application, the State describes its procedures, manuals, and a Quality
                Assurance/Quality Control plan that will guide the State in fulfilling
                its NEPA responsibilities under the MOU. Furthermore, FHWA will oversee
                the State's compliance with the terms of the MOU through auditing and
                monitoring. The FHWA will make the results of all audits available to
                the public through notices in the Federal Register.
                 With the execution of the MOU, the State becomes responsible for
                project-level environmental review decisions for projects, including
                those not excluded from assignment, for which review began prior to
                this date. The FHWA excluded the Tier 1 EIS studies for I-11 and the
                Sonoran Corridor from assignment to the State since they are both
                nearing completion. However, FHWA assigned the responsibilities for the
                Tier-2 EISs for these corridors because the State has the capacity and
                ability to complete the EISs without FHWA's involvement in the process.
                 The FHWA Arizona Division, in consultation with FHWA Headquarters,
                has reviewed all the comments received and determined that the State's
                application meets all regulatory requirements. Pursuant to the MOU,
                FHWA assigns and the State assumes FHWA's environmental review
                responsibilities under 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-aid
                highway projects within the State. The executed MOU specifies the
                assignments and assumptions of NEPA responsibilities and scope of
                environmental review, consultation and other activities. This notice in
                the Federal Register makes the executed MOU available to the public.
                 A copy of the proposed MOU may be viewed on the online docket, as
                described above, or may be obtained by contacting FHWA or the State at
                the addresses 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.)
                 Authority: 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.101-
                139; 23 CFR 773.109; 40 CFR 1507.3; and 49 CFR 1.85.
                Nicole R. Nason,
                Administrator, Federal Highway Administration.
                [FR Doc. 2019-11900 Filed 6-5-19; 8:45 am]
                 BILLING CODE 4910-22-P
                

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