Notice of Final Federal Agency Actions on Proposed Highway in California, 64951-64952 [2019-25541]

Download as PDF Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices and Historic Preservation Act [16 U.S.C. 469–469(c)]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1377]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401– 406]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA–21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(M, 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001–4128]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986; Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 9. Noise: Federal-Aid Highway Act of 1970, Public Law 91–605 [84 Stat. 1713]. 10. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. 11. Permanent Transportation Easement and NPS Project Approval: 23 U.S.C. chapters 1 & 2; 23 CFR 710.601; The NPS Organic Act of 1916 and the General Authorities Act of 1970 [16 U.S.C. l–4]; NPS Director’s Order #87D (NPS 2000). (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). Issued on: November 18, 2019. Ivan Marrero, Division Administrator, Federal Highway Administration, Salt Lake City, Utah. [FR Doc. 2019–25452 Filed 11–22–19; 8:45 am] BILLING CODE 4910–RY–P VerDate Sep<11>2014 17:31 Nov 22, 2019 Jkt 250001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans). AGENCY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed highway project, Del Rio Trail Project in the City of Sacramento, Sacramento County, 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 April 23, 2020. 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: Laura Loeffler, Branch Chief, Caltrans Office of Environmental Management, M–1 California Department of Transportation—District 3, 703 B Street, Marysville, CA 95901. Office hours: 8:00 a.m.–5:00 p.m., Pacific Standards time, telephone (530) 741–4592 or email laura.loeffler@ dot.ca.gov. For FHWA, contact David Tedrick at (916) 498–5024 or email david.tedrick@dot.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and Caltrans assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans has 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: Caltrans, in conjunction with the City of Sacramento, propose to construct 4.8 miles of Class I multi-use trail along the abandoned railway corridor west of Freeport Boulevard from south of Meadowview Road/Pocket Road to the Sacramento River Parkway north of Sutterville Road. The proposed project consists of a Class I multi-use trail (12 feet wide with 2-foot shoulders). The trail would include at-grade crossings SUMMARY: PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 64951 and intersection modifications at each major arterial location. The project begins approximately 0.4 miles south of Pocket Road near the Freeport Water Tower adjacent to the I–5 bridge over Freeport Boulevard, and extends 4.8 miles north along the abandoned railway corridor within the City of Sacramento. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Categorical Exclusion, approved on October 25, 2019, and in other documents in the FHWA project records. The Categorical Exclusion and other project records are available by contacting Caltrans at the addresses provided above. 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 of 1969, as amended, 42 U.S.C. 4321 et seq.; 3. Federal-Aid Highway Act of 1970, (23 U.S.C § 109, as amended by FAST Act Section 1404(a), Pub. L. 114–94, and 23 U.S.C. 128); 4. MAP–21, the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112–141); 5. Clean Air Act, as amended (42 U.S.C. 7401 et seq. (Transportation Conformity), 40 CFR part 93); 6. Clear Water Act of 1977 and 1987, (33 U.S.C. 1251 et seq.); 7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 1977 & 1987); 8. Federal Land Policy and Management Act of 1976, Public Law 94–579; 9. Noise Control Act of 1972; 10. Safe Drinking Water Act of 1944, as amended; 11. Endangered Species Act of 1973; 12. Executive Order 11990, Protection of Wetlands Executive Order 13112, Invasive Species; 13. Executive Order 13186, Migratory Birds; 14. Fish and Wildlife Coordination Act of 1934, as amended; 15. Wildflowers, Surface Transportation and Uniform Relocation Act of 1987, Section 130; 16. Executive Order 11988, Floodplain Management; 17. Department of Transportation (DOT) Executive Order 5650.2— Floodplain Management and Protection (April 23,1979); 18. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10; E:\FR\FM\25NON1.SGM 25NON1 64952 Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices 19. Title VI of the Civil Rights Act of 1964, as amended; 20. Executive Order 12898, Federal Actions to Address Environmental 18. Executive Order 13112, Invasive Species; 21. Department of Transportation Act of 1966, Section 4(f) (49 U.S.C. 303 and 23 U.S.C. 138); 22. National Historic Preservation Act of 1966, as amended (54 U.S.C. 306108 et seq.); 23. Migratory Bird Treaty Act; 24. Executive Order 13112, Invasive Species. (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.) Background Authority: 23 U.S.C. 139(l)(1) Issued on: November 19, 2019. Tashia J. Clemons, Director, Planning and Environment, Federal Highway Administration, California Division. [FR Doc. 2019–25541 Filed 11–22–19; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0091] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Navistar Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Navistar Inc.’s (Navistar) application for a limited 5-year exemption to allow its advanced driver-assistance systems (ADAS) to be mounted lower in the windshield on Navistar’s commercial motor vehicles (CMV) than is currently permitted. The Agency has determined that lower placement of the ADAS would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. SUMMARY: This exemption is effective November 25, 2019 and ending November 25, 2024. DATES: Mr. Jose R. Cestero, Vehicle and Roadside Operations Division, Office of Carrier, FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:31 Nov 22, 2019 Driver, and Vehicle Safety, MC–PSV, (202) 366–5541, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The online Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: Jkt 250001 FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the FMCSRs. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Navistar’s Application for Exemption Navistar applied for an exemption from 49 CFR 393.60(e)(1) to allow its ADAS to be mounted lower in the windshield than is currently permitted by the Agency’s regulations in order to utilize a location that allows optimal functionality of the camera system. A copy of the application is included in the docket referenced at the beginning of this notice. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of the driver’s field of view by devices mounted at the top of the windshield. Antennas and similar devices must not be mounted more than 152 mm (6 inches) below the upper edge of the windshield, and outside the driver’s sight lines to the road and highway signs and signals. However, § 393.60(e)(1)(i) does not apply to ‘‘vehicle safety technologies,’’ as defined in § 393.5, that include ‘‘a fleet-related incident management system, performance or behavior management system, speed management system, forward collision warning or mitigation system, active cruise control system, and transponder.’’ Section 393.60(e)(1)(ii) requires devices with ‘‘vehicle safety technologies’’ to be mounted (1) not more than 100 mm (4 inches) below the upper edge of the area swept by the windshield wipers, or (2) not more than 175 mm (7 inches) above the lower edge of the area swept by the windshield wipers, and (3) outside the driver’s sight lines to the road and highway signs and signals. In its application, Navistar states that its ADAS currently includes features such as enhanced rear-end collision mitigation, adaptive cruise control along with following distance alerts, stationary object alerts, lane departure warning, alerts when speeding, and automatic braking on stationary vehicles. Navistar states that the proposed exemption will increase safety by providing these ADAS features on its CMVs. Navistar notes that the exemption will also allow it to enable additional safety features in the future that will provide further safety benefits such as traffic sign recognition, active lane keeping, and driver fatigue monitoring. In addition, Navistar states that the ADAS will become a critical enabler for future technology such as autonomous vehicles. The camera housing is approximately 120 mm (4.72 inches) wide by 120 mm (4.72 inches) tall, and will be mounted in the approximate center of the top of the windshield such that the bottom edge of the camera housing is approximately 8 inches below the upper edge of the windshield wipers, outside of the driver’s and passenger’s normal sight lines to the road ahead, highway signs and signals, and all mirrors. This location will allow for proper installation (including connectors and cables) for optimal functionality of the advanced safety systems supported by the camera. Navistar states that mounting the ADAS in this location does not significantly obstruct specified zones A, B, or C for passenger cars in Federal E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64951-64952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25541]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans).

-----------------------------------------------------------------------

SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans that are final. The actions relate 
to a proposed highway project, Del Rio Trail Project in the City of 
Sacramento, Sacramento County, 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 April 23, 
2020. 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: Laura Loeffler, Branch 
Chief, Caltrans Office of Environmental Management, M-1 California 
Department of Transportation--District 3, 703 B Street, Marysville, CA 
95901. Office hours: 8:00 a.m.-5:00 p.m., Pacific Standards time, 
telephone (530) 741-4592 or email [email protected]. For FHWA, 
contact David Tedrick at (916) 498-5024 or email [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and Caltrans assumed, environmental responsibilities for this project 
pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans has 
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: Caltrans, in conjunction with the City of 
Sacramento, propose to construct 4.8 miles of Class I multi-use trail 
along the abandoned railway corridor west of Freeport Boulevard from 
south of Meadowview Road/Pocket Road to the Sacramento River Parkway 
north of Sutterville Road. The proposed project consists of a Class I 
multi-use trail (12 feet wide with 2-foot shoulders). The trail would 
include at-grade crossings and intersection modifications at each major 
arterial location. The project begins approximately 0.4 miles south of 
Pocket Road near the Freeport Water Tower adjacent to the I-5 bridge 
over Freeport Boulevard, and extends 4.8 miles north along the 
abandoned railway corridor within the City of Sacramento. The actions 
by the Federal agencies, and the laws under which such actions were 
taken, are described in the Final Categorical Exclusion, approved on 
October 25, 2019, and in other documents in the FHWA project records. 
The Categorical Exclusion and other project records are available by 
contacting Caltrans at the addresses provided above.
    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 of 1969, as amended, 42 U.S.C. 
4321 et seq.;
    3. Federal-Aid Highway Act of 1970, (23 U.S.C Sec.  109, as amended 
by FAST Act Section 1404(a), Pub. L. 114-94, and 23 U.S.C. 128);
    4. MAP-21, the Moving Ahead for Progress in the 21st Century Act 
(Pub. L. 112-141);
    5. Clean Air Act, as amended (42 U.S.C. 7401 et seq. 
(Transportation Conformity), 40 CFR part 93);
    6. Clear Water Act of 1977 and 1987, (33 U.S.C. 1251 et seq.);
    7. Federal Water Pollution Control Act of 1972 (see Clean Water Act 
of 1977 & 1987);
    8. Federal Land Policy and Management Act of 1976, Public Law 94-
579;
    9. Noise Control Act of 1972;
    10. Safe Drinking Water Act of 1944, as amended;
    11. Endangered Species Act of 1973;
    12. Executive Order 11990, Protection of Wetlands Executive Order 
13112, Invasive Species;
    13. Executive Order 13186, Migratory Birds;
    14. Fish and Wildlife Coordination Act of 1934, as amended;
    15. Wildflowers, Surface Transportation and Uniform Relocation Act 
of 1987, Section 130;
    16. Executive Order 11988, Floodplain Management;
    17. Department of Transportation (DOT) Executive Order 5650.2--
Floodplain Management and Protection (April 23,1979);
    18. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 
10;

[[Page 64952]]

    19. Title VI of the Civil Rights Act of 1964, as amended;
    20. Executive Order 12898, Federal Actions to Address Environmental 
18. Executive Order 13112, Invasive Species;
    21. Department of Transportation Act of 1966, Section 4(f) (49 
U.S.C. 303 and 23 U.S.C. 138);
    22. National Historic Preservation Act of 1966, as amended (54 
U.S.C. 306108 et seq.);
    23. Migratory Bird Treaty Act;
    24. Executive Order 13112, Invasive Species.

(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)

    Issued on: November 19, 2019.
Tashia J. Clemons,
Director, Planning and Environment, Federal Highway Administration, 
California Division.
[FR Doc. 2019-25541 Filed 11-22-19; 8:45 am]
 BILLING CODE 4910-RY-P