Notice2024-26545

Notice of Intent To Prepare an Environmental Impact Statement for the Chesapeake Bay Crossing Study: Tier 2 National Environmental Policy Act (NEPA)

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Published
November 15, 2024

Issuing agencies

Transportation DepartmentFederal Highway Administration

Abstract

The FHWA, in coordination with the Maryland Transportation Authority (MDTA), is issuing this Notice of Intent to solicit comments and advise the public, agencies, and stakeholders that an environmental impact statement will be prepared for the Chesapeake Bay Crossing Study: Tier 2 NEPA (Tier 2 Study) to address existing and future transportation issues at the William Preston Lane, Jr. Memorial (Bay) Bridge and its approaches along U.S. 50/301, from Anne Arundel County on the Western Shore to Queen Anne's County on the Eastern Shore, in Maryland. The unique identification number for this project is EISX-- XMD-1729253019. This NOI contains a summary of the information required in the Council on Environmental Quality (CEQ) regulations. This NOI should be reviewed together with the NOI Additional Project Information Document, which contains important details about the study, information on the Purpose and Need for the proposed action, alternatives considered, and expected impacts on the human, natural, and built environments. Persons and agencies who may be interested in or affected by the proposed study are encouraged to comment on the information in this NOI and the NOI Additional Project Information Document.

Full Text

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<title>Federal Register, Volume 89 Issue 221 (Friday, November 15, 2024)</title>
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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90345-90349]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26545]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2024-0073]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Chesapeake Bay Crossing Study: Tier 2 National Environmental Policy 
Act (NEPA)

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (USDOT).

ACTION: Notice of Intent (NOI) to prepare an environmental impact 
statement (EIS).

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SUMMARY: The FHWA, in coordination with the Maryland Transportation 
Authority (MDTA), is issuing this Notice of Intent to solicit comments 
and advise the public, agencies, and stakeholders that an environmental 
impact statement will be prepared for the Chesapeake Bay Crossing 
Study: Tier 2 NEPA (Tier 2 Study) to address existing and future 
transportation issues at the William Preston Lane, Jr. Memorial (Bay) 
Bridge and its approaches along U.S. 50/301, from Anne Arundel County 
on the Western Shore to Queen Anne's County on the Eastern Shore, in 
Maryland. The unique identification number for this project is EISX--
XMD-1729253019. This NOI contains a summary of the information required 
in the Council on Environmental Quality (CEQ) regulations. This NOI 
should be reviewed together with the NOI Additional Project Information 
Document, which contains important details about the study, information 
on the Purpose and Need for the proposed action, alternatives 
considered, and expected impacts on the human, natural, and built 
environments. Persons and agencies who may be interested in or affected 
by the proposed study are encouraged to comment on the information in 
this NOI and the NOI Additional Project Information Document.

DATES: Comments on the NOI or the NOI Additional Information documents 
must be received on or before January 13, 2025.

ADDRESSES: This NOI and the NOI Additional Project Information Document 
are also available in the docket referenced above at 
<a href="http://www.regulations.gov">www.regulations.gov</a> and on the Tier 2 Study website located at <a href="https://baycrossingstudy.com">https://baycrossingstudy.com</a>.
    Comments on the NOI or the NOI Additional Project Information 
Document can be submitted through the methods outlined below:
    <bullet> Website: For access to the documents, go to the Federal 
Rulemaking Portal located at <a href="http://www.regulations.gov">www.regulations.gov</a> or the project website 
located at <a href="https://baycrossingstudy.com">https://baycrossingstudy.com</a>. Follow the online instructions 
for submitting comments at <a href="http://www.regulations.gov">www.regulations.gov</a>.
    <bullet> Mailing address or for hand delivery or courier: Docket 
Management Facility, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 
20590.
    <bullet> <a href="https://baycrossingstudy.com">https://baycrossingstudy.com</a>.
    <bullet> Mailing address or for hand delivery or courier: Maryland 
Transportation Authority, Division of Planning & Program Development, 
Bay Crossing Study, 2310 Broening Highway, Baltimore, Maryland 21224.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#fc95929a93bc9e9d859f8e938f8f95929b8f88899885d29f9391"><span class="__cf_email__" data-cfemail="e980878f86a98b88908a9b869a9a80878e9a9d9c8d90c78a8684">[email&#160;protected]</span></a>.
    <bullet> Call: 667-203-5408.
    All comment submissions should include the agency name and docket 
number that appear in the heading of this notice. The comments received 
by

[[Page 90346]]

the comment period end date of January 13, 2025, will be posted without 
change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information 
provided. A summary of the comments received will be included in the 
forthcoming Draft EIS (DEIS).
    For tracking purposes, the unique identification number for this 
project is EISX--XMD-1729253019.

FOR FURTHER INFORMATION CONTACT: Heather Lowe, Project Manager. 
Maryland Transportation Authority, Division of Planning & Program 
Development, 2310 Broening Highway, Baltimore, MD 21224; Phone: (410) 
537-5665; Email: <a href="/cdn-cgi/l/email-protection#fc95929a93bc9e9d859f8e938f8f95929b8f88899885d29f9391"><span class="__cf_email__" data-cfemail="50393e363f1032312933223f2323393e3723242534297e333f3d">[email&#160;protected]</span></a>; or Alexander Bienko, 
Environmental Protection Specialist. Federal Highway Administration, 
Maryland Division, 31 Hopkins Plaza, Suite 1520, Baltimore, MD 21201; 
Phone: (410) 779-7148; Email: <a href="/cdn-cgi/l/email-protection#f899949d8099969c9d8ad69a919d969397b89c978cd69f978e"><span class="__cf_email__" data-cfemail="5e3f323b263f303a3b2c703c373b3035311e3a312a70393128">[email&#160;protected]</span></a>.
    Interested parties can also sign up for the Tier 2 Study mailing 
list located at <a href="https://baycrossingstudy.com">https://baycrossingstudy.com</a> to receive notifications 
for future study information and upcoming public engagement 
opportunities.

SUPPLEMENTARY INFORMATION: The FHWA, as lead Federal agency, and the 
MDTA, as the project sponsor, will prepare an EIS for the Tier 2 Study, 
in compliance with the National Environmental Policy Act (NEPA) of 
1969, as amended (42 United States Code [U.S.C.] 4321, et seq.), 23 
U.S.C. 139, CEQ regulations implementing NEPA (40 CFR 1500-1508), FHWA 
regulations implementing NEPA (23 CFR 771.101-771.139), and applicable 
Federal, State, and local governmental laws and regulations.

Project Background

    The Chesapeake Bay Crossing Study (Bay Crossing Study) is a two-
tiered preliminary engineering and environmental study to address 
existing and future transportation issues at the Bay Bridge and its 
approaches along U.S. 50/301. The Bay Bridge is a two-span structure 
that crosses the Chesapeake Bay from Anne Arundel County on the Western 
Shore to Queen Anne's County on the Eastern Shore.
    The MDTA and FHWA initiated Tier 1 of the Bay Crossing Study (Tier 
1 Study) in 2016. The Tier 1 Study EIS encompassed a broad geographic 
area that spanned nearly 100 miles of the Chesapeake Bay between 
Harford and Cecil counties to the north, and St. Mary's and Somerset 
counties to the south. The Tier 1 Study EIS defined existing and future 
transportation conditions and needs at the existing Bay Bridge, 
evaluated 14 possible corridor alternative locations, documented the 
corridor alternative screening process, and concluded with the 
identification of a Selected Corridor Alternative. The Tier 1 Study was 
completed in April 2022 when FHWA issued a Final EIS/Record of Decision 
(FEIS/ROD) identifying the corridor including the existing Bay Bridge 
and its approaches (Corridor 7) as the Selected Corridor Alternative 
for further evaluation in a Tier 2 Study. Activities for the Tier 2 
Study were launched in June 2022.
    The Tier 2 Study, a project-level (site-specific) analysis, will 
describe potential environmental effects and evaluate alternatives of 
the proposed action. To ensure that all potential alternatives, 
important issues, or significant environmental effects and analyses 
relevant to the proposed action are considered in the EIS, comments and 
suggestions are invited from all affected or interested parties. The 
FHWA requests comments on the purpose and need, reasonable range of 
alternatives for evaluation in the EIS, existing environmental 
conditions and potential impacts, and identification of any relevant 
information, studies, or analyses concerning impacts affecting the 
quality of the human or natural environment. The purpose of this 
request is to bring relevant comments and information to FHWA's and 
MDTA's attention as early in the process as possible to enable the 
agencies involved to make maximum use of this information in the 
decision-making process. Comments may be submitted according to the 
instructions in the ADDRESSES section of this notice.

Purpose and Need for the Proposed Action

    The Tier 1 Study purpose was to consider corridors for providing 
additional capacity and access across the Chesapeake Bay in order to 
improve mobility, travel reliability, and safety at the existing Bay 
Bridge. The evaluation of potential corridors included assessments of 
existing and potentially expanded transportation infrastructure needed 
to support additional capacity, improve travel times, and accommodate 
maintenance activities, while considering financial viability and 
environmental responsibility. The Selected Corridor Alternative was 
chosen because it would provide the greatest congestion relief at the 
existing bridge crossing for existing and future traffic volumes, 
particularly at peak hours, thus having the greatest ability to meet 
the Purpose and Need of the Tier 1 Study EIS.
    The transportation issues identified during the Tier 1 Study have 
been further developed and refined to better describe the specific 
needs for the Tier 2 Study. The purpose of the Tier 2 Study is to 
address existing and future transportation capacity needs and access 
across the Chesapeake Bay and at the Chesapeake Bay Bridge approaches 
along the U.S. 50/301 corridor. The Tier 2 Study is evaluating measures 
to reduce congestion; improve travel times and reliability, mobility, 
and roadway deficiencies; and accommodate maintenance activities and 
navigation while minimizing impacts to local communities and the 
environment. The Tier 2 Study is also considering objectives for 
environmental responsibility, as well as cost and financial 
responsibility.
    The Purpose and Need for the Tier 2 Study EIS was developed in 
close coordination with Cooperating and Participating agencies (see 
section 7.4 below or appendix B (Coordination Plan) for a list of 
Cooperating and Participating agencies). The MDTA presented the draft 
preliminary purpose and need to these agencies and the public in 2023 
for comment. Based on the comments received, the MDTA completed a 
Preliminary Purpose and Need Statement and Report and received 
concurrence from the Cooperating agencies in 2024. The complete Tier 2 
Study Preliminary Purpose and Need Statement and Report may be reviewed 
in Appendix A to the NOI Additional Project Information Document, which 
is available in the docket established for this study and on the study 
website. Comments on the Preliminary Purpose and Need for the study are 
welcomed during the NOI comment period.

Preliminary Description of the Proposed Action and Alternatives the 
Environmental Impact Statement Will Consider

    The MDTA and FHWA propose to evaluate additional transportation 
capacity across the Chesapeake Bay along the U.S. 50/301 corridor 
(Corridor 7 from the Tier 1 Study EIS). The study limits for the Tier 2 
Study EIS extend from the MD 2/MD 450 interchange on the Western Shore 
to the U.S. 50/301 split on the Eastern Shore. As part of the proposed 
action, the MDTA proposes removing the existing two Bay Bridge spans 
and replacing them with a new two-span bridge over the Chesapeake Bay.
    The MDTA has identified seven alternatives for the proposed action, 
including the no-build alternative and six build alternatives. These 
alternatives

[[Page 90347]]

comprise the reasonable range of alternatives that will be evaluated in 
the Tier 2 Study EIS and are the MDTA's proposed Alternatives Retained 
for Detailed Study (ARDS). The proposed build alternatives would 
provide additional transportation capacity across the Chesapeake Bay on 
a new two-span bridge that would fully replace the travel lanes on the 
existing Bay Bridge spans. Consistent with FHWA and CEQ regulations, 
the No-Build Alternative is being considered and will be evaluated in 
the Tier 2 Study EIS. The proposed ARDS are:

<bullet> Alternative A--No-Build: retains the existing Chesapeake Bay 
Bridge, the U.S. 50/301 alignment, and the existing number of lanes: 6 
lanes along U.S. 50/301 on the Western Shore, 5 lanes across the 
Chesapeake Bay on the existing bridge, and 6 lanes along U.S. 50/301 on 
the Eastern Shore
<bullet> Alternative B--6-8-6 North: 6 lanes along U.S. 50/301 on the 
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the 
north of the existing bridge, and 6 lanes along U.S. 50/301 on the 
Eastern Shore
<bullet> Alternative C--6-8-6 South: 6 lanes along U.S. 50/301 on the 
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the 
south of the existing bridge, and 6 lanes along U.S. 50/301 on the 
Eastern Shore
<bullet> Alternative D--8-8-8 North: 8 lanes along U.S. 50/301 on the 
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the 
north of the existing bridge, 8 lanes along U.S. 50/301 on the Eastern 
Shore
<bullet> Alternative E--8-8-8 South: 8 lanes along U.S. 50/301 on the 
Western Shore, 8 lanes across the Chesapeake Bay on a new bridge to the 
south of the existing bridge, 8 lanes along U.S. 50/301 on the Eastern 
Shore
<bullet> Alternative F--8-10-8 North: 8 lanes along U.S. 50/301 on the 
Western Shore, 10 lanes across the Chesapeake Bay on a new bridge to 
the north of the existing bridge, 8 lanes along U.S. 50/301 on the 
Eastern Shore
<bullet> Alternative G--8-10-8 South: 8 lanes along U.S. 50/301 on the 
Western Shore, 10 lanes across the Chesapeake Bay on a new bridge to 
the south of the existing bridge, 8 lanes along U.S. 50/301 on the 
Eastern Shore

    All proposed build alternatives also include potential bus service 
improvements, Transportation System Management (TSM)/Transportation 
Demand Management (TDM) improvements, and consideration for the safe 
inclusion of a pedestrian/bicycle shared use path on the new bridge. 
Additional information on the proposed ARDS, as well as maps and 
figures illustrating the study location are provided in the NOI 
Additional Project Information Document.
    Based on the public and agency comments received in response to 
this NOI and the public scoping meetings, MDTA and FHWA will determine 
the reasonable range of alternatives. These will be identified and 
evaluated as the ARDS in the Tier 2 DEIS.
    The MDTA and FHWA considered a number of additional options 
regarding the structure type, number of lanes, bridge location, travel 
mode (e.g., transit, ferry), and TSM/TDM strategies. These include a 
full-length tunnel, bridge-tunnel, double decker bridge, a 6-6-6 lane 
configuration, a 10-10-10 lane configuration, new bridge location fully 
between the existing Bay Bridge spans, a far-south new bridge location, 
ferry, high-capacity transit, ramp metering, express-local lanes, 
managed lanes, and a combined transit/TSM/TDM option. These options are 
not included in the proposed ARDS because MDTA does not consider them 
reasonable given the study's needs and objectives. Further information 
on the additional options considered but not recommended for 
advancement is included in the NOI Additional Project Information 
Document. The NOI Additional Project Information Document is available 
for review in the docket established for this study and on the 
Chesapeake Bay Crossing Study website as noted in the ADDRESSES 
section.

Brief Summary of Expected Effects

    The Tier 2 Study EIS will evaluate potential effects to the human 
environment resulting from the reasonable range of alternatives. Based 
on information from the Tier 1 Study FEIS/ROD and early review of 
existing environmental conditions within and in proximity to U.S. 50/
301 within the EIS study limits, the proposed action could result in 
direct, indirect, and/or cumulative effects to the following resources 
and environmental conditions:

<bullet> Socioeconomic resources and land use (including communities 
and land use; economics and employment; and visual resources)
<bullet> Minority and low-income populations
<bullet> Cultural and historic resources
<bullet> Section 4(f) and section 6(f) properties (including parks and 
recreational areas)
<bullet> Natural resources (such as wetlands and waters; floodplains; 
water quality; Coastal Barrier Resource Systems and Chesapeake Bay 
Critical Areas; aquatic and terrestrial habitat and biota; rare, 
threatened, and endangered species; unique and sensitive areas; and 
hydrodynamics)
<bullet> Hazardous materials
<bullet> Air quality
<bullet> Greenhouse gas (GHG) and climate change
<bullet> Noise

    Direct, indirect, and cumulative effects to these resources will be 
assessed in the Tier 2 Study EIS. Based on data collection, evaluation, 
and coordination with regulatory agencies and the public to date, it is 
anticipated that potential effects to natural resources, socioeconomic 
resources and land use, minority and low-income populations, cultural 
and historic resources, and section 4(f) and section 6(f) properties 
will be the focus of the Tier 2 Study EIS impact analysis.
    <bullet> Natural Resources: Wetlands and water resources, as well 
as the terrestrial environment including forests, could be impacted by 
the proposed build alternatives.
    <bullet> Socioeconomic Resources and Land Use: Potential effects to 
socioeconomic resources and land use include conversion of agriculture, 
forest, wetland, commercial, residential, and industrial land use 
adjacent to the U.S. 50/301 roadway right-of-way (ROW).
    <bullet> Minority and Low-Income Populations: Potential effects to 
minority and low-income populations due to construction of a build 
alternative include, but are not limited to, conversion of commercial, 
residential, and industrial properties adjacent to the roadway ROW, as 
well as other potential environmental effects such as from noise and 
air quality that could affect these populations.
    <bullet> Cultural and Historic Resources: Cultural, historic and 
archaeological resources may be affected by the proposed build 
alternatives.
    <bullet> Section 4(f) and section 6(f) Properties: The build 
alternatives could result in permanent or temporary use of properties 
protected by section 4(f) of the U.S. Department of Transportation Act 
within the study limits. A Section 4(f) Evaluation will be prepared to 
assess the potential permanent, temporary, constructive, or de minimis 
use of section 4(f) properties. Analysis of potential impacts to 
properties protected by section 6(f) of the Land and Water Conservation 
Fund Act will also be conducted to determine whether a conversion of 
any section 6(f) property would occur.
    Additional information on the expected impacts, including 
quantification of direct environmental

[[Page 90348]]

resource impacts potentially caused by the proposed ARDS, is provided 
in the NOI Additional Project Information Document available for review 
in the docket established for this study and on the Chesapeake Bay 
Crossing study website as noted in the ADDRESSES section. Comments on 
the expected impacts to be analyzed in the Tier 2 Study EIS are 
welcomed during the NOI comment period.

Anticipated Permits, Other Authorizations, and Cooperating and 
Participating Agencies

    Anticipated permits and approvals (see NOI Additional Project 
Information Document (Table 7-1) for a detailed breakdown of 
anticipated permits and approvals) that could be required prior to the 
commencement of construction include:
    <bullet> US Army Corps of Engineers (USACE) Civil Works approvals 
under the section 408/River and Harbors Act--section 14, and Clean 
Water Act section 404/River and Harbors Act--section 10, for review of 
impacts to Civil Works projects and the regulation of proposed 
discharges into Waters of the United States;
    <bullet> United States Coast Guard (USCG) approval under the 
General Bridge Act/River and Harbors Act--section 9, for compliance 
with navigation requirements for bridges;
    <bullet> Federal Aviation Administration (FAA) approval for 
Obstruction Evaluation/Airport Airspace Analysis, for construction 
activities near airports;
    <bullet> Federal Emergency Management Agency (FEMA) approval under 
the National Flood Insurance Program;
    <bullet> FHWA approval under section 4(f) of the U.S. Department of 
Transportation Act of 1966;
    <bullet> National Park Service (NPS) approval under the Land and 
Water Conservation Fund Act, section 6(f), for approval for the 
conversion of land or facilities acquired under the Land and Water 
Conservation Fund;
    <bullet> USFWS approvals under the Bald and Golden Eagle Protection 
Act, and Migratory Bird Treaty Act;
    <bullet> USFWS and National Oceanic and Atmospheric Administration 
(NOAA) National Marine Fisheries Service (NMFS) approval under the 
Endangered Species Act and the Marine Mammal Act for federally 
protected species, as well as Fish and Wildlife Coordination Act, for 
the protection of species and coastal resources;
    <bullet> NOAA NMFS approval under the Magnuson-Stevens Fishery 
Conservation and Management Act for Essential Fish Habitat;
    <bullet> Natural Resources Conservation Service (NRCS) approval 
under the Farmland Protection Policy Act for the conversion of 
farmland;
    <bullet> Maryland Department of the Environment (MDE) approvals 
under the Clean Water Act, section 401, Nontidal Wetlands Protection 
Act & Program, Sediment & Erosion Control Program, Stormwater 
Management regulations, Waterways Construction Statute, and MDE/
Maryland Board of Public Works (BPW) approval under the Tidal Wetlands 
Act & Program, for consistency with water quality requirements and 
minimization of erosion, flooding, and impacts to wetlands;
    <bullet> Maryland Department of Natural Resources (MDNR) approvals 
under the Coastal Zone Consistency & Coastal Zone Management Program, 
Forest Conservation Act, Nongame and Endangered Species Conservation 
Act, Reforestation Law, Roadside Tree Law, and MDNR Critical Area 
Commission approval under the Chesapeake Bay Critical Area Law, for the 
protection of roadside trees, forests, State threatened and endangered 
species, wetlands, and coastal areas;
    <bullet> Maryland Department of Planning (MDP) coordination for the 
Maryland Smart Growth Act, for the preservation of resources and 
prevention of sprawling development into rural areas;
    <bullet> State Historic Preservation Officer/Maryland Historical 
Trust (MHT) consultation under section 106 of the National Historic 
Preservation Act, including consultation with the Advisory Council on 
Historic Preservation (ACHP) as appropriate, for the protection of 
historic properties and resolution of any adverse effects; and
    <bullet> SHA coordination for evaluation of alternatives that could 
affect SHA roadways and ROW.
    Cooperating agencies include: USACE, USCG, EPA, NMFS, USFWS, NPS, 
SHA, MDE, and MDNR. Participating agencies include: the Federal Transit 
Administration (FTA), Advisory Council on Historic Preservation (ACHP), 
U.S. Navy--Naval Facilities Engineering Systems Command (NAVFAC), FEMA, 
FAA, Maryland Transit Administration (MTA), Maryland Port 
Administration (MPA), MDP, Maryland Department of Emergency Management 
(MDEM), BPW--Wetlands Division (BPW), MHT, Maryland Aviation 
Administration (MAA), Delaware Department of Transportation (DelDOT), 
Queen Anne's County, Anne Arundel County, and Baltimore Metropolitan 
Council (BMC).
    The MDTA does not anticipate submitting applications for permits 
and approvals that require design-level detail as part of NEPA or 
immediately following completion of the NEPA environmental review 
process. Per 23 U.S.C. 139(d)(10), the aforementioned permits and 
authorizations should be completed by no later than 90 days after the 
issuance of the Record of Decision. However, for this project the MDTA 
has requested in accordance with 23 U.S.C. 139(d)(10)(C)(ii) that those 
permits and authorizations follow a different timeline because the 
construction date is not expected until 2032. The development and 
review of applications for permits and other approvals will be 
completed as more detailed design and construction engineering 
progresses beyond the Tier 2 Study EIS. The NEPA study will be 
coordinated with the federal and state regulatory agencies based on 
their role as Cooperating and Participating Agencies.
    Anticipated permits and approvals that could be required prior to 
the commencement of construction are also provided in the NOI 
Additional Project Information Document, which is available for review 
in the docket established for this study and on the Chesapeake Bay 
Crossing study website as noted in the ADDRESSES section.

Scoping and Public Review

    Public and agency outreach will include formal Public Scoping 
Meetings in December 2024. A virtual meeting will be held on December 
4, 2024, followed by two in person meetings on December 9 and 11, 2024. 
The December 2024 Scoping Meetings will present information from the 
NOI Additional Project Information Document, including existing 
environmental conditions, the proposed ARDS for the proposed action, 
and their potential environmental impacts. Public Hearings on the Tier 
2 Study DEIS are anticipated in late 2025.
    Pre-NOI public engagement activities for the Tier 2 Study were 
initiated shortly after FHWA issued the Tier 1 Study FEIS/ROD in spring 
2022. To date, the MDTA has held two sets of Public Open Houses (one 
virtual Open House and two in-person Open Houses in September 2022 and 
one virtual Open House and two in-person Open Houses in September 
2023), a Transit and Bicycle/Pedestrian Listening Meeting, and numerous 
community engagement events. The September 2022 meetings summarized the 
results of the Tier 1 Study EIS, described the objectives of the Tier 2 
Study and presented next steps in the Tier 2 Study. The September 2023 
Open Houses presented the study's proposed Purpose and Need and the 
alternatives development

[[Page 90349]]

process. Additional information on public engagement activities to date 
is provided in the NOI Additional Project Information Document 
available for review in the docket established for this study and on 
the Chesapeake Bay Crossing study website as noted in the ADDRESSES 
section of this notice.
    Nineteen Interagency Coordination Meetings (ICMs) to facilitate 
Cooperating and Participating agency coordination have been held since 
June 2022. The MDTA and FHWA present information at ICMs about a 
variety of Tier 2 Study topics and seek agency feedback. All 
Cooperating and Participating agencies are encouraged to provide 
comments at ICMs. The ICMs will continue to be held throughout the NEPA 
environmental review process and development of the EIS. Additional 
information on agency coordination to date are provided in the NOI 
Additional Project Information Document available for review in the 
docket established for this study and on the Chesapeake Bay Crossing 
study website as noted in the ADDRESSES section of this notice.
    Public notice has been given of the date, time, and location of the 
Public Scoping Meetings. To assist in determining the scope of issues 
to be addressed and identifying the potential for important issues 
related to information in the NOI Additional Project Information 
Document, the public will have the opportunity to submit written 
comments at the Public Scoping Meetings and during the scoping comment 
period beginning on the date of this NOI publication. Public input 
received during the scoping process will be considered in the 
development of the Tier 2 Study EIS. Once complete, the Tier 2 Study 
DEIS will be available for public and agency review and comment prior 
to the DEIS Public Hearing and for public review at the Tier 2 Study 
DEIS Public Hearing. All substantive public comments on the Tier 2 
Study DEIS will be addressed in the Tier 2 Study FEIS.
    The FHWA intends to issue a single document that consists of the 
Tier 2 Study FEIS and ROD pursuant to 49 U.S.C. 304a(b) [and 23 U.S.C. 
139(n)(2)] unless FHWA determines that statutory criteria or 
practicability considerations preclude issuance of such a combined 
document.

Schedule for the Decision-Making Process

    The Tier 2 Study EIS schedule will be established as part of the 
requirements of the NEPA environmental review process under 23 U.S.C. 
139 and will comply with 40 CFR 1501.10(b)(2), which requires that 
environmental reviews for major infrastructure projects occur within 
two years, and all necessary authorizations be issued efficiently and 
in a timely manner, in cooperation with FHWA.
    Following the issuance of this NOI, FHWA and MDTA will coordinate 
with the Participating and Cooperating Agencies to develop study 
documentation and the Tier 2 Study DEIS.
    The anticipated study schedule is outlined below:

<bullet> Public Scoping Meetings (December 2024)
<bullet> End of Scoping Comment Period (January 2025)
<bullet> Evaluation of Alternatives Retained for Detailed Study 
(February 2025-June 2025)
<bullet> MDTA's Recommended Preferred Alternative (July 2025)
<bullet> Tier 2 Study DEIS Notice of Availability (NOA) (November 2025)
<bullet> Tier 2 Study DEIS Comment Period and Public Hearings (December 
2025)
<bullet> Tier 2 Study Final EIS/ROD (November 2026)
<bullet> Procurement for Final Design (Fall 2026-Spring 2028)
<bullet> Commence Final Design (Spring 2028)
<bullet> Permit Applications/Authorization Requests Submitted (Spring 
2030)
<bullet> All Permit Decisions and Authorizations Issued (Spring 2031)
<bullet> Commence Construction (Summer 2032)

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    With this Notice, FHWA and MDTA request and encourage State, 
Tribal, and local government agencies, and the public, to review the 
NOI and NOI Additional Project Information Document and submit comments 
on any aspect of the study. To ensure that all potential alternatives, 
important issues, or environmental impacts and analyses relevant to the 
proposed action are considered in the Tier 2 Study DEIS, comments and 
suggestions are invited from all interested parties. Specifically, 
agencies and the public are asked to comment on the purpose and need, 
proposed ARDS, the existing environmental conditions and potential 
impacts, and the identification of any relevant information, studies, 
or analyses concerning impacts affecting the quality of the human 
environment for consideration by the Lead and Cooperating Agencies in 
developing the Tier 2 Study DEIS. The purpose of this request is to 
bring relevant comments and information to FHWA's and MDTA's attention 
as early in the process as possible to enable the agencies to make 
maximum use of this information in decision making.
    Comments must be received by January 13, 2025. Comments or 
questions concerning this proposed action, including comments relative 
to proposed ARDS, information and analyses, should be directed to FHWA 
and MDTA at the addresses provided in the ADDRESSES section of this 
notice.
    Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 139; 23 CFR part 771.

Valeriya Remezova,
Division Administrator, Federal Highway Administration.
[FR Doc. 2024-26545 Filed 11-14-24; 8:45 am]
BILLING CODE 4910-22-P


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Indexed from Federal Register on November 15, 2024.

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