1. Update on FHWA/FTA Proposed Rulemaking

2. MAP-21 Requirements Section 1318(a)(3) o Solicit requests from state DOTs, transit authorities, and MPOs, for new types of Categorical Exclusions Section 1318(c) o Move three d-list items to c-list

3. Survey Said… USDOT solicited request on 9/12/12 117 responses = 269 new CE requests o FHWA only considered 13 requests, grouped into four CEs

4. Proposed CEs

5. 771.117(c)(24) Localized geotechnical and other investigations to provide information for preliminary design, environmental analyses and permitting purposes Test bores for soil sampling Archaeological resource assessment Wetland surveys

6. 771.117(c)(25) Environmental restoration and pollution abatement to minimize/mitigate impacts of an existing transportation facility Retrofitting and construction of stormwater treatment systems Address water pollution or environmental degradation

7. 771.117(c)(29) Purchase, construction, replacement, or rehabilitation of ferry vessels (improvements to ferry vessel safety, navigation, and security systems) Would not require a change in the function of the ferry terminals Can be accommodated by existing facilities or by new facilities which themselves are within a CE

8. 771.117(c)(30) Rehabilitation or reconstruction of existing ferry facilities Same geographic footprint No change in functional use No substantial increase in users e.g. pedestrian and vehicle transfer structures, buildings, and terminals

9. Moving D-list to C-List

10. Moving on Up… 771.117(d)(1) - Modernization of a highway by resurfacing... o Proposed as (c)(26) 771.117(d)(2) - Highway safety or traffic operations improvement projects… o Proposed as (c)(27) 771.117(d)(3) - Bridge rehabilitation, reconstruction or replacement... o Proposed as (c)(28)

11. New Language Proposed 771.117(d)(13) o Preserve use of d-list designation for CEs moved to c-list that do not meet proposed constraints 771.117(e) o Constraints for CEs moved to c-list o FHWA felt they were needed to ensure no significant impacts occur

12. Constraints 1.) Does not involve more than a minor amount of ROW or commercial or residential displacements 2.)Does not require a bridge permit from the U.S. Coast Guard or does not meet 404 or Section 10 requirements 3.) Does not involve a Section 106 finding of Adverse Effect, use of a 4(f) property (except for de minimis ), or adverse affects to T&E

13. Constraints 4.) Does not involve construction of temporary access or road, bridge, or ramp closures resulting in major traffic disruptions or environmental impacts 5.)Does not involve changes in access control require 6.) Does not involve significant floodplain impacts, actions that facilitate open space use or construction activities within, across or adjacent to National Wild and Scenic Rivers

14. ODOTs Response

15. General Comments Disappointed that out of the number of CEs proposed, only a handful considered Encouraged FHWA to expand the c-list and reduce documentation requirements Requested FHWA to include two new CEs proposed for transit projects (c-list) o Bridge removal and related activities o Preventative maintenance

16. Proposed (c)(24) Emphasize that NEPA review would only be required for federal actions Wording implies separate determinations o Provide clarification that a single determination can be made for all fieldwork activities needed

17. Constraints Concerned with FHWAs approach o If expected to document absence of constraints, any benefit will be diminished or lost altogether o Can be documented with a brief checklist and that documentation requirements are lower

18. Constraints Narrowly defined and/or too strict Does not meet intent of MAP-21 o If expected to document absence of constraints, any benefit will be diminished or lost altogether o Can be documented with a brief checklist and that documentation requirements are lower

19. Next Steps Develop a story board to better visualize how CE Online layout Meet with FHWA over the next 2-3 months to develop CE PA Final Rule is anticipated by March/April 2014