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 http:// 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]


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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).

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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 http://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

(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