Details
Type: Bulletin
Topic or Program: Geo-Environmental | PS&E Exception Letters
Final Number: GE07-01(B)
Effective Date: 05/09/2007
Updated Date: 04/28/2020
Signature on File: Susan Haupt, Environmental Section Manager
Purpose
To clarify FHWA legal requirements and guidance regarding acceptance of PS&E Exception Letters prior to approval of state and local Federal-Aid Highway Program projects (i.e., Federal-aid projects) covered by a NEPA Categorical Exclusion for bid advertising.
Guidance
As per 23 CFR 630.106 a (2), FHWA will no longer approve advertising a proposed Cat Ex (Class 2) project for bids upon submittal of PS&E Exception letter where outstanding Federal clearances, approvals, and/or permits include a Biological Opinion (BO), Final Hazardous Material Report(s), Section 404 Permit(s), Section 106 Clearances, Section 4(f) Evaluations, Section 6(f) Conversion Approval, or other unresolved Endangered Species Act (ESA) issues. PS&E Exception Letters will continue to be accepted where those clearances and permits are not involved. This guidance supersedes previous related guidance.
Definitions
- Categorical Exclusions (CEs)
- A NEPA class of action that covers projects where no significant environmental impacts are expected to occur.
- BO
- Biological Opinion
- MOA
- A Memorandum of Agreement
- ESA
- The Endangered Species Act
- PS&E Exception Letter
- Documents to FHWA that certain aspects of a project are not yet completed, but indicates that completion of those elements is expected
prior to actual letting of the project, and requests FHWA approval to proceed with advertising the project for bids.
Background/Reference
This bulletin is intended to bring FHWA and ODOT into compliance with regulations included in 23 CFR 630.106 a (2), which require completion of the specific environmental clearances and permits listed above.
Explanation
FHWA cannot legally approve Categorical Exclusion projects for bid advertising prior to completion of the above listed environmental clearances and permits.
Responsibilities
Identify key parties involved in carrying out the guidance and their responsibilities in moving it forward.
Action Required
Ensure that each of the above listed environmental permits and clearances for Categorical Exclusion projects are completed and submitted to FHWA prior to submittal of a PS&E Exception Letter and/or submittal of the PD-02 PS&E Project Checklist.
Special Instructions
This guidance is effective immediately.