SUPPLEMENTAL NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR THE ASSUMPTION OF DUTIES UNDER 23 U.S.C. §§ 326 AND 327
The Department of Transportation and Public Facilities (DOT&PF) proposes to adopt regulation changes in Title 17 of the Alaska Administrative Code, dealing with the department’s assumption of responsibilities for environmental review, consultation, or other action required under 42 U.S.C. 4321 – 4370f (National Environmental Policy Act or NEPA) for federally funded highway projects. The department’s assumption of responsibility to review environmental impacts of highway projects is authorized under AS 44.42.300, 23 U.S.C. § 326 (categorical exclusions) and 23 U.S.C. § 327 (NEPA pilot program). This is a SUPPLEMENTAL NOTICE corrects the fiscal information citation in the NOTICE OF PROPOSED CHANGES that was published on July 9, 2008 and November 19, 2008 concerning these proposed regulations The fiscal information is as follows: The new regulations proposed under 17 AAC 12 do not require an increase in appropriation. DOT&PF intends to execute an agreement with the Federal Highway Administration (FHWA) that assigns to the state responsibility for making categorical exclusion (CE) determinations under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. (NEPA) as authorized under 23 U.S.C. § 326 The regulations provide for Alaska to participate in a five-state NEPA Pilot under 23 U.S.C. § 327, which would require a separate agreement between DOT&PF and FHWA. The agreement for participation in the NEPA pilot has not been developed. The comment period for the proposed regulations has been extended by this supplemental notice. There is no need to re-submit comments received during the earlier comment period. You may comment on these proposed regulations, including the potential costs to private persons of complying with the proposed regulations, by submitting written comments to William Ballard, Statewide Environmental Manager, Statewide Design and Engineering Services, Department of Transportation and Public Facilities at 3132 Channel Drive Juneau, AK 99811-2500. The comments must be received no later than 4:30 p.m. on July 11, 2009. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact William Ballard at (907) 465-6954 no later than November 29, 2008 to ensure that any necessary accommodations can be provided. You may also make written comments on the proposed agreements, but such comments must be delivered to William Ballard, Statewide Environmental Manager, Statewide Design and Engineering Services, Department of Transportation and Public Facilities at 3132 Channel Drive Juneau, AK 99811-2500 no later than 4:30 p.m. on July 11, 2009. You may request a copy of the agreements from William Ballard at (907) 465-6954. After the public comment period ends, the Department of Transportation and Public Facilities will either adopt these regulations or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Statutory Authority: AS 19.05.020; AS 44.42.030; AS 44.42.300 Statutes Being Implemented, Interpreted, or Made Specific: AS 44.42.300 Fiscal Information: The proposed regulation changes will not require an increase in appropriations.