Notice2026-18986
Surface Transportation Project Delivery Program; Ohio Department of Transportation Audit Report
Primary source
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Published
September 16, 2026
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This notice announces and solicits comments on the draft audit report for the Ohio Department of Transportation (ODOT). The Surface Transportation Project Delivery Program allows a State to assume FRA's environmental responsibilities for environmental review, consultation, and compliance under the National Environmental Policy Act (NEPA) for railroad projects should a State first assume NEPA responsibilities under the Federal Highway Administration (FHWA). When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed, in lieu of FRA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements.
Full Text
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<title>Federal Register, Volume 91 Issue 178 (Wednesday, September 16, 2026)</title>
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[Federal Register Volume 91, Number 178 (Wednesday, September 16, 2026)]
[Notices]
[Pages 58746-58747]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18986]
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DEPARTMENT OF TRANSPORTATION
[Docket No. FRA-2026-2278]
Federal Railroad Administration
Surface Transportation Project Delivery Program; Ohio Department
of Transportation Audit Report
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (USDOT).
ACTION: Notice; request for comment.
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SUMMARY: This notice announces and solicits comments on the draft audit
report for the Ohio Department of Transportation (ODOT). The Surface
Transportation Project Delivery Program allows a State to assume FRA's
environmental responsibilities for environmental review, consultation,
and compliance under the National Environmental Policy Act (NEPA) for
railroad projects should a State first assume NEPA responsibilities
under the Federal Highway Administration (FHWA). When a State assumes
these Federal responsibilities, the State becomes solely responsible
and liable for carrying out the responsibilities it has assumed, in
lieu of FRA. This program mandates annual audits during each of the
first 4 years of State participation to ensure compliance with program
requirements.
DATES: Comments must be received on or before October 16, 2026.
ADDRESSES: The draft audit report is available for review at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments related to Docket No. FRA-2026-2278 may
be submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must refer to the Federal Railroad
Administration and the docket number in this notice (FRA-2026-2278).
Note that all submissions received, including any personal information
provided, will be posted without change and will be available to the
public on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may review DOT's complete
Privacy Act Statement in the Federal Register published April 11, 2000
(65 FR 19477), or at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: For questions about this notice, for
FRA, please contact Ms. Carmen Stemen, Environmental Protection
Specialist, Office of Environmental Program Management, Federal
Railroad Administration, telephone: (740) 817-7304, email:
<a href="/cdn-cgi/l/email-protection#e3a082918e868dcdb097868e868da3878c97cd848c95"><span class="__cf_email__" data-cfemail="4407253629212a6a17302129212a04202b306a232b32">[email protected]</span></a>. For ODOT, please contact Mr. Timothy Hill,
Administrator of ODOT's Office of Environmental Services, Ohio
Department of Transportation, 1980 West Broad Street, Mail Stop 4170,
Columbus, Ohio 43223, telephone: (614) 644-0377; email:
<a href="/cdn-cgi/l/email-protection#abffc2c685e3c2c7c7ebcfc4df85c4c3c2c485ccc4dd"><span class="__cf_email__" data-cfemail="481c21256600212424082c273c6627202127662f273e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Background: Section 327 of Title 23, United
States Code (23 U.S.C. 327) establishes the Surface Transportation
Project Delivery Program (Program), also known as the NEPA Assignment
Program. It allows the Secretary of the U.S. Department of
Transportation (Secretary) to assign, and a State to assume,
responsibility for all or part of the Secretary's responsibilities for
environmental review, consultation, or other actions required under
NEPA (42 U.S.C. 4321 et seq.) and any Federal environmental law with
respect to one or more highway projects within the State, as well as
one or more railroad, public transportation, and/or multimodal
projects.\1\ FRA is authorized to act on behalf of the Secretary with
respect to these matters for railroad projects.
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\1\ The Secretary may not assign its responsibility for making
any conformity determination required under section 176 of the Clean
Air Act. Also not assignable is Government to Government
consultation with federally recognized Indian Tribes.
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[[Page 58747]]
The State of Ohio initially participated in the Federal Highway
Administration's (FHWA) Program and in accordance with 23 U.S.C. 327,
entered into a Memorandum of Understanding (MOU) with FHWA for the FHWA
NEPA Assignment Program in Ohio. The FHWA NEPA Assignment MOU between
the State, acting through ODOT, and FHWA became effective December 11,
2015, was amended on June 6, 2018, and renewed on December 14, 2020.
Since being accepted into the FHWA NEPA Assignment Program, the State
has successfully completed four audits, eight self-assessments, and two
monitoring events. FHWA has consistently publicly stated that the State
continues to meet all requirements of the FHWA NEPA Assignment Program.
The State will have participated in the Program for 11 years on
December 11, 2026.
ODOT published its application to assume FRA's environmental review
responsibilities for railroad projects (``FRA NEPA Assignment'') on
June 2, 2024, and made it available for public comment for 30 days.
After considering public comments, ODOT submitted its application to
FRA on July 22, 2024. The application served as the basis for
developing an MOU that identifies the responsibilities and obligations
that ODOT would assume. The FRA published a notice of the draft MOU in
the Federal Register on September 9, 2024, with a 30-day comment period
to solicit the views of the public and Federal agencies. After the
close of the comment period, FRA and ODOT considered comments and
proceeded to execute the MOU pursuant to 23 U.S.C. 327 (Section 327
MOU). Effective December 3, 2024, ODOT assumed FRA's responsibilities
under NEPA, and the responsibilities for NEPA-related Federal
environmental laws described in the Section 327 MOU.
Section 327(g) of Title 23, U.S.C., requires the Secretary to
conduct annual audits during each of the first 4 years of State
participation. After the fourth year, the Secretary shall monitor the
State's compliance with the written agreement. The results of each
audit must be made available for public comment. FRA is issuing this
notice to advise the public that it has conducted the first-year audit
of the State of Ohio, acting through ODOT. This notice announces the
availability of the first draft audit report for ODOT's FRA NEPA
Assignment Program and solicits public comment for a 30-day period in
accordance with 23 U.S.C. 327(g). No later than 60 days after the close
of the comment period, FRA will publish the final audit report in the
Federal Register. FRA will consider the comments submitted on the draft
audit report for ODOT's FRA NEPA Assignment Program.
Authority: 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR part 773;
and 49 CFR 264.101.
Marlys Ann Osterhues,
Director, Office of Environmental Program Management, Office of
Railroad Administration.
[FR Doc. 2026-18986 Filed 9-15-26; 8:45 am]
BILLING CODE 4910-06-P
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