Notice of Final Federal Agency Actions of Proposed Highway in California, 22719-22720 [2017-09969]
Download as PDF
nlaroche on DSK30NT082PROD with NOTICES
Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices
requirements for environmental
assessments or environmental impact
statements pursuant to the National
Environmental Policy Act of 1969, 42
U.S.C. 4321 et seq. (NEPA). In addition,
this program allows the assignment of
other environmental review
requirements applicable to these
actions. The FHWA is authorized to act
on behalf of the Secretary with respect
to these matters. Through an amended
MOU, FHWA would renew Utah’s
participation in this program for a third
time. The original MOU became
effective on July 1, 2008, for an initial
term of three (3) years and the first
renewal followed on June 30, 2011 and
the second renewal followed on June 30,
2014. The proposed third MOU revision
is set to supersede the second renewed
MOU prior to its expiration date on June
30, 2017. Stipulation I(B) of the MOU
describes the types of actions for which
the State would assume project-level
responsibility for determining whether
the criteria for a CE are met. Statewide
decision-making responsibility would
be assigned for all activities within the
categories listed in 23 CFR 771.117(c)
and those listed as examples in 23 CFR
771.117(d). In addition to the NEPA CE
determination responsibilities, the MOU
would assign to the State the
responsibility for conducting Federal
environmental review, consultation, and
other related activities for projects that
are subject to the MOU with respect to
the following Federal laws and
Executive Orders:
1. Clean Air Act (CAA), 42 U.S.C.
7401–7671q (determinations of projectlevel conformity if required for the
project).
2. Noise Control Act of 1972, 42
U.S.C. 4901–4918.
3. Compliance with the noise
regulations in 23 CFR 772.
4. Section 7 of the Endangered
Species Act of 1973, 16 U.S.C. 1531–
1544, and Section 1536.
5. Fish and Wildlife Coordination Act,
16 U.S.C. 661–667d.
6. Migratory Bird Treaty Act, 16
U.S.C. 703–712.
7. Section 106 of the National Historic
Preservation Act of 1966, as amended,
54 U.S.C. 306101 et seq.
8. Archeological and Historic
Preservation Act of 1966, as amended,
54 U.S.C. 3201.
9. Archeological and Historic
Preservation Act, 16 U.S.C. 469–469c.
10. American Indian Religious
Freedom Act, 42 U.S.C. 1996.
11. Native American Grave Protection
and Repatriation Act, 25 U.S.C. 3001–
3013; 18 U.S.C. 1170.
12. Farmland Protection Policy Act
(FPPA), 7 U.S.C. 4201–4209.
VerDate Sep<11>2014
15:18 May 16, 2017
Jkt 241001
13. Clean Water Act, 33 U.S.C. 1251–
1377 (Section 404, Section 401, Section
319).
14. Coastal Barrier Resources Act, 16
U.S.C. 3501–3510.
15. Coastal Zone Management Act, 16
U.S.C. 1451–1465.
16. Safe Drinking Water Act (SDWA),
42 U.S.C. 300f–300j–6.
17. Rivers and Harbors Act of 1899, 33
U.S.C. 403.
18. Wild and Scenic Rivers Act, 16
U.S.C. 1271–1287.
19. Emergency Wetlands Resources
Act, 16 U.S.C. 3921–3931.
20. TEA–21 Wetlands Mitigation, 23
U.S.C. 103(b)(6)(m), 133 (b)(11).
21. FHWA wetland and natural
habitat mitigation regulations at 23 CFR
part 777.
22. Flood Disaster Protection Act, 42
U.S.C. 4001–4128.
23. Section 4(f), 23 U.S.C. 138 and 49
U.S.C., 303.
24. Land and Water Conservation
Fund (LWCF), 16 U.S.C. 4601–4604
(known as section 6(f)).
25. Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. 9601–9675.
26. Superfund Amendments and
Reauthorization Act of 1986 (SARA).
27. Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. 6901–
6992k.
28. Planning and Environmental
Linkages, 23 U.S.C. 168, with the
exception of those FHWA
responsibilities associated with 23
U.S.C. 134 and 135.
29. Programmatic Mitigation Plans, 23
U.S.C. 169 with the exception of those
FHWA responsibilities associated with
23 U.S.C. 134 and 135.
30. Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 11593, Protection and
Enhancement of Cultural Resources;
E.O. 13007, Indian Sacred Sites; E.O.
13175, Consultation and Coordination
with Indian Tribal Governments; E.O.
13112, Invasive Species).
The MOU allows the State to act in
the place of the FHWA in carrying out
the functions described above, except
with respect to government-togovernment consultations with federally
recognized Indian tribes. The FHWA
will retain responsibility for conducting
formal government-to-government
consultation with federally recognized
Indian tribes, which is required under
some of the above-listed laws and
executive orders. The State also may
assist the FHWA with formal
consultations, with consent of a tribe,
but the FHWA remains responsible for
the consultation. This assignment
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
22719
includes transfer to the State of Utah the
obligation to fulfill the assigned
environmental responsibilities on any
proposed projects meeting the criteria in
Stipulation I(B) of the MOU that were
determined to be CEs prior to the
effective date of the proposed MOU but
that have not been completed as of the
effective date of the MOU. This is the
proposed third renewal of the State’s
participation in the program and
incorporate changes in the termination
process from the FAST Act. FHWA may
terminate the State’s participation in
this program if FHWA provides the
State a notification of noncompliance,
and a period of not less than 120 days
to take corrective action as FHWA
determines necessary, and if the state
fails to take satisfactory corrective
action as determined by FHWA. In
previous versions of the MOU the
period for the State to take corrective
action was 30 days.
The FHWA will consider the
comments submitted on the proposed
MOU when making its decision on
whether to execute this renewal MOU.
The FHWA will make the final,
executed MOU publicly available.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 326; 42 U.S.C. 4331,
4332; 23 CFR 771.117; 40 CFR 1507.3,
1508.4.
Issued on: May 8, 2017.
Ivan Marrero,
Division Administrator, Salt Lake City, Utah.
[FR Doc. 2017–09968 Filed 5–16–17; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
of Proposed Highway in California
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims
for Judicial Review of Actions by the
California Department of Transportation
(Caltrans), pursuant to 23 U.S.C. 327,
and the United States National Park
Service, Death Valley National Park
(NPS).
AGENCY:
The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans and
NPS, that are final. The actions relate to
a proposed highway project, State Route
SUMMARY:
E:\FR\FM\17MYN1.SGM
17MYN1
nlaroche on DSK30NT082PROD with NOTICES
22720
Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices
(SR) 190 in Death Valley National Park
near Towne Pass, along 0.6 mile of SR
190 in County of Inyo, State of
California. Those actions grant licenses,
permits, and approvals for the project.
DATES: By this notice, the FHWA, on
behalf of Caltrans, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal agency
actions on the highway project will be
barred unless the claim is filed on or
before October 16, 2017. If the Federal
law that authorizes judicial review of a
claim provides a time period of less
than 150 days for filing such claim, then
that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: For
Caltrans: Angela Calloway, Office Chief,
District 9 Environmental; Caltrans
District 9; 500 S. Main St., Bishop, CA
93514; 8 a.m.–5 p.m.; (760) 872–2424;
Angie.calloway@dot.ca.gov.
For NPS: Jonathan Penman-Brotzman,
Compliance Program Manager, Office of
Environmental Compliance; National
Park Service, Death Valley National
Park; P.O. Box 579, Death Valley, CA
92328; Tuesday–Friday 8 a.m.–5 p.m.;
(760) 786–3227; jonathan_brotzman@
nps.gov.
SUPPLEMENTARY INFORMATION: Effective
July 1, 2007, the Federal Highway
Administration (FHWA) assigned, and
the California Department of
Transportation (Caltrans) assumed,
environmental responsibilities for this
project pursuant to 23 U.S.C. 327.
Notice is hereby given that the Caltrans
and NPS have taken final agency actions
subject to 23 U.S.C. 139(l)(1) by issuing
licenses, permits, and approvals for the
following highway project in the State
of California: The project proposes to
realign approximately 0.6 mile of SR
190 to the east of the current alignment
near Towne Pass in Death Valley
National Park. A new highway easement
will be acquired from Death Valley
National Park. The current six curves
will be reduced to three. The
realignment will improve both vertical
and horizontal curves to meet a
minimum design speed of 55 miles per
hour and increase stopping sight
distance to 600 feet. Paved shoulders
will be constructed throughout the
project area and side slopes will be
flattened or stabilized to create a
catchment adjacent to the roadway, thus
reducing the potential for rockfall.
Federal Project Number 00PE014. The
actions by the Federal agencies, and the
laws under which such actions were
taken, are described in the Final
Environmental Assessment (EA) for the
project, approved on May 3, 2017, in the
Caltrans’ Finding of No Significant
VerDate Sep<11>2014
15:18 May 16, 2017
Jkt 241001
Impact (FONSI) issued on May 3, 2017
and in other documents in the FHWA
project records. The EA, FONSI, and
other project records are available by
contacting Caltrans at the address
provided above. The Caltrans EA and
FONSI can also be viewed and
downloaded from the internet at https://
www.dot.ca.gov/d9/environmental/
index.html.
The NPS concurred that the proposed
project would result in a de minimis
impact to Death Valley National Park as
a publicly owned park of national, state,
or local significance pursuant to the
requirements of Section 4(f) of the
Department of Transportation Act (49
U.S.C. 303, 23 CFR 774). The NPS also
participated as a cooperating agency and
anticipates adopting the EA/FONSI to
provide additional project licenses,
permits, and/or approvals.
This notice applies to all Federal
agency decisions as of the issuance date
of this notice and all laws under which
such actions were taken, including but
not limited to:
1. Council on Environmental Quality
regulations (40 CFR 1500 et seq.; 23
CFR 771)
2. National Environmental Policy Act
(NEPA) (42 U.S.C. 4321–4351 et
seq.)
3. Moving Ahead for Progress in the 21st
Century Act (MAP–21, Pub. L. 112–
141)
4. Clean Air Act of 1963, as amended
(42 U.S.C. 7401 et seq.)
5. Noise Control Act of 1979 (42 U.S.C.
4901 et seq.)
6. FHWA Noise Standards, Policies, and
Procedures (23 CFR 772)
7. Department of Transportation Act of
1966, Section 4(f) (49 U.S.C. 303)
8. Clean Water Act of 1977 and 1987 (33
U.S.C. 1344)
9. Endangered Species Act of 1973 (16
U.S.C. 1531–1543)
10. Migratory Bird Treaty Act (16 U.S.C.
703–712)
11. National Historic Preservation Act of
1966, as amended (54 U.S.C.
306108 et seq.)
12. Executive Order 11990, Protection of
Wetlands
13. Executive Order 11988, Floodplain
Management
14. Executive Order 13112, Invasive
Species
15. Executive Order 12898, Federal
Actions to Address Environmental
Justice and Low-Income
Populations
16. Title VI of Civil Rights Act 1964 (42
U.S.C. 2000d et seq.), as amended
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
AGENCY:
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
Authority: 23 U.S.C. 139(l)(1).
Tashia Clemons,
Director, Program Development, Federal
Highway Administration, Sacramento,
California.
[FR Doc. 2017–09969 Filed 5–16–17; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Unified Carrier
Registration Plan Board of Directors
meeting.
AGENCY:
The meeting will be
held on May 25, 2017, from 12:00 Noon
to 3:00 p.m. Eastern Daylight Time.
PLACE: This meeting will be open to the
public via conference call. Any
interested person may call 1–877–422–
1931, passcode 2855443940, to listen
and participate in this meeting.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: The
Unified Carrier Registration Plan Board
of Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
TIME AND DATE:
Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
FOR FURTHER INFORMATION CONTACT:
Issued on: May 11, 2017.
Robert W. Miller,
Director, Policy, Strategic Planning &
Regulation, Federal Motor Carrier Safety,
Administration.
[FR Doc. 2017–10050 Filed 5–15–17; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Sanctions Actions Pursuant to the
Foreign Narcotics Kingpin Designation
Act
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
E:\FR\FM\17MYN1.SGM
17MYN1
Agencies
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22719-22720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09969]
-----------------------------------------------------------------------
DEPARTMENT OF TRANPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions of Proposed Highway in
California
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by the California Department of Transportation (Caltrans), pursuant to
23 U.S.C. 327, and the United States National Park Service, Death
Valley National Park (NPS).
-----------------------------------------------------------------------
SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to
announce actions taken by Caltrans and NPS, that are final. The actions
relate to a proposed highway project, State Route
[[Page 22720]]
(SR) 190 in Death Valley National Park near Towne Pass, along 0.6 mile
of SR 190 in County of Inyo, State of California. Those actions grant
licenses, permits, and approvals for the project.
DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the
public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim
seeking judicial review of the Federal agency actions on the highway
project will be barred unless the claim is filed on or before October
16, 2017. If the Federal law that authorizes judicial review of a claim
provides a time period of less than 150 days for filing such claim,
then that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: For Caltrans: Angela Calloway, Office
Chief, District 9 Environmental; Caltrans District 9; 500 S. Main St.,
Bishop, CA 93514; 8 a.m.-5 p.m.; (760) 872-2424;
Angie.calloway@dot.ca.gov.
For NPS: Jonathan Penman-Brotzman, Compliance Program Manager,
Office of Environmental Compliance; National Park Service, Death Valley
National Park; P.O. Box 579, Death Valley, CA 92328; Tuesday-Friday 8
a.m.-5 p.m.; (760) 786-3227; jonathan_brotzman@nps.gov.
SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway
Administration (FHWA) assigned, and the California Department of
Transportation (Caltrans) assumed, environmental responsibilities for
this project pursuant to 23 U.S.C. 327. Notice is hereby given that the
Caltrans and NPS have taken final agency actions subject to 23 U.S.C.
139(l)(1) by issuing licenses, permits, and approvals for the following
highway project in the State of California: The project proposes to
realign approximately 0.6 mile of SR 190 to the east of the current
alignment near Towne Pass in Death Valley National Park. A new highway
easement will be acquired from Death Valley National Park. The current
six curves will be reduced to three. The realignment will improve both
vertical and horizontal curves to meet a minimum design speed of 55
miles per hour and increase stopping sight distance to 600 feet. Paved
shoulders will be constructed throughout the project area and side
slopes will be flattened or stabilized to create a catchment adjacent
to the roadway, thus reducing the potential for rockfall. Federal
Project Number 00PE014. The actions by the Federal agencies, and the
laws under which such actions were taken, are described in the Final
Environmental Assessment (EA) for the project, approved on May 3, 2017,
in the Caltrans' Finding of No Significant Impact (FONSI) issued on May
3, 2017 and in other documents in the FHWA project records. The EA,
FONSI, and other project records are available by contacting Caltrans
at the address provided above. The Caltrans EA and FONSI can also be
viewed and downloaded from the internet at https://www.dot.ca.gov/d9/environmental/.
The NPS concurred that the proposed project would result in a de
minimis impact to Death Valley National Park as a publicly owned park
of national, state, or local significance pursuant to the requirements
of Section 4(f) of the Department of Transportation Act (49 U.S.C. 303,
23 CFR 774). The NPS also participated as a cooperating agency and
anticipates adopting the EA/FONSI to provide additional project
licenses, permits, and/or approvals.
This notice applies to all Federal agency decisions as of the
issuance date of this notice and all laws under which such actions were
taken, including but not limited to:
1. Council on Environmental Quality regulations (40 CFR 1500 et seq.;
23 CFR 771)
2. National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4351 et
seq.)
3. Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L.
112-141)
4. Clean Air Act of 1963, as amended (42 U.S.C. 7401 et seq.)
5. Noise Control Act of 1979 (42 U.S.C. 4901 et seq.)
6. FHWA Noise Standards, Policies, and Procedures (23 CFR 772)
7. Department of Transportation Act of 1966, Section 4(f) (49 U.S.C.
303)
8. Clean Water Act of 1977 and 1987 (33 U.S.C. 1344)
9. Endangered Species Act of 1973 (16 U.S.C. 1531-1543)
10. Migratory Bird Treaty Act (16 U.S.C. 703-712)
11. National Historic Preservation Act of 1966, as amended (54 U.S.C.
306108 et seq.)
12. Executive Order 11990, Protection of Wetlands
13. Executive Order 11988, Floodplain Management
14. Executive Order 13112, Invasive Species
15. Executive Order 12898, Federal Actions to Address Environmental
Justice and Low-Income Populations
16. Title VI of Civil Rights Act 1964 (42 U.S.C. 2000d et seq.), as
amended
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.)
Authority: 23 U.S.C. 139(l)(1).
Tashia Clemons,
Director, Program Development, Federal Highway Administration,
Sacramento, California.
[FR Doc. 2017-09969 Filed 5-16-17; 8:45 am]
BILLING CODE 4910-RY-P