Notice of Final Federal Agency Actions on Proposed Highway in West Virginia, 65895-65896 [2019-25555]

Download as PDF Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES process first and then a formal review and approval period in SWEPT. When in SWEPT, there is a review process with a number of days assigned. The FDOT realized for certain projects, ones that have minor impacts, no ERC review was necessary which further streamlined the project review process. The OEM leadership also stated in an interview that the 30-day review period is being constantly monitored in order to ensure if a modification to procedure is needed, it can be made. The OEM leadership also stated that during the first two rating periods no modification to the review period has been needed. Documentation and Records Management The FDOT continues to use SWEPT as the NEPA file of record for federally funded projects. The FDOT has implemented several process improvements within SWEPT. Communication during the second audit cycle allowed staff to clarify many project level observations within the Audit process. The FDOT and FHWA have committed to continue communications to resolve issues identified within the audit process. Non-Compliance Observation #1: Some FDOT project files contain insufficient documentation to support the environmental analysis or decision. Both the MOU (subpart 10.2.1) and FDOT’s PD&E Manual specify that documentation is needed to support compliance. The SWEPT has been identified as FDOT’s project file of record, in which FDOT maintains approved reevaluations, CEs, EAs, and EISs. The team reviewed 105 projects for the 2018 Audit #2 that constituted a statistically valid sample. As part of the initial project file review, the team observed that 54 of the 105 project files reviewed lacked documentation in SWEPT to support the environmental analysis or the basis for an FDOT decision. In some cases, there were multiple observations for one project. For example, one project file did not contain documentation of coordination with FHWA or USCG for the required (23 CFR 650.805 and 23 CFR 650.807) navigability assessment in order to support a permit determination. Additional examples, where the team observed documentation deficiencies included commitments, planning consistency, and mitigation. The team also observed that some commitments to address project impacts through mitigation, avoidance, and minimization were not documented at the time of NEPA approval. When the environmental document lacks commitments for important project VerDate Sep<11>2014 16:49 Nov 27, 2019 Jkt 250001 impacts, the project record does not reflect a complete consideration of the significance of a project’s impacts. Another consequence is that some commitments are added after the NEPA decision, are not tracked, or get dropped, which is not in accordance with Federal regulations. (23 CFR 771.105(a), 23 CFR 771.105(d), and 23 CFR 771.109(d)). Finally, project files were observed that did not include the Project Commitment Record for documenting commitments as required by the 2017 PD&E Manual. The team’s comments on these projects were shared with FDOT for its consideration and the team received responses from FDOT. The FHWA and FDOT have productively worked together to successfully resolve insufficient documentation for 23 projects and uploaded existing documentation in SWEPT for 18 projects. The FDOT indicated that it has implemented or committed to implementing process improvements to address the deficiencies. The FDOT is expected to continue implementation of corrective actions that would address these issues. Update from 2017 Audit #1 NonCompliance Observation #1: Some FDOT project files contain insufficient documentation to support the environmental analysis or decision. The FHWA reported a noncompliance observation related to some FDOT project files that lacked documentation to support the environmental analysis or decision as part of Audit #1. This non-compliance observation is based on a review that resulted in observations on 47 projects, several of which had deficient documentation for more than one issue. The FDOT and FHWA have met over the past year and have productively worked together to resolve documentation issues from the previous audit. The FHWA shared comments on these projects with FDOT and they provided written responses. Based on these responses, FHWA and FDOT were able to successfully address many documentation issues through resolving a project observation (22 projects), FDOT uploading missing documentation in SWEPT (5 projects), or FDOT implementing or committed to implementing process improvements to address procedural deficiencies (39 projects). For example, FDOT updated its electronic Type 1 CE form in SWEPT to require certain supporting documentation be uploaded, which was confirmed through the Audit #2 FDOT staff interviews and project file reviews. The FDOT also included a direct link to the State Transportation Improvement PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 65895 Plan or Transportation Improvement Plan to ensure adequate documentation of planning consistency for all classes of action. The FDOT has made considerable strides to document planning consistency at NEPA approval. However, documentation of consistency with the metropolitan long-range transportation plans was missing for several projects and for a variety of classes of action. In addition, the 2018 FDOT Self-Assessment Summary states that FDOT initiated and completed a number of SWEPT system and programmatic enhancements to address the missing documentation noted during Audit #1. The FDOT is expected to continue implementation of corrective actions that would address these issues. Finalizing This Report The FHWA received one response to the Federal Register Notice during the public comment period for this draft report, which voiced the American Road and Transportation Builders Association’s support for this program and did not relate specifically to Audit #2. This report is a finalized version of the draft report without substantive changes. [FR Doc. 2019–25976 Filed 11–27–19; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in West Virginia Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review of actions by FHWA. AGENCY: This notice announces action taken by FHWA and that are final. This final agency action relates to a proposed highway project, improvements to US 340, from the Charles Town Bypass in Jefferson County, West Virginia to just south of the state boundary in Clarke County, Virginia. This decision will be used by Federal agencies in subsequent proceedings, including decisions to grant licenses, permits, and approvals for the proposed highway project. The FHWA’s Record of Decision (ROD) provides details on the Selected Alternative for the proposed improvements. DATES: By this notice, FHWA 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 SUMMARY: E:\FR\FM\29NON1.SGM 29NON1 khammond on DSKJM1Z7X2PROD with NOTICES 65896 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices will be barred unless the claim is filed on or before April 27, 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 FHWA: Jason Workman, Director of Program Development, Federal Highway Administration, West Virginia Division, 154 Court Street, Charleston, WV 25301; (304)–347–5271; Jason.Workman@ dot.gov. The FHWA West Virginia Division Office’s normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the West Virginia Division of Highways (WVDOH): Ben Hark, Environmental Section Head in the Engineering Division of West Virginia Division of Highways, 1334 Smith Street, Charleston, WV 25301; (304) 558–9670, Ben.L.Hark@wv.gov. The WVDOH Office’s normal business hours are 8 a.m. to 5 p.m. (Eastern Time). SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken a final agency action by issuing its ROD for the following highway project in the State of West Virginia: Widening of US 340 from two lanes to four lanes, from the Charles Town Bypass in Jefferson County, West Virginia to just south of the state boundary in Clarke County, Virginia. The length of the project is approximately 4.5 miles. The project proposes to widen US 340 from two lanes to four lanes. The project is included in WVDOH’s adopted 2016– 2021 State Transportation Improvement Plan (STIP) as project number U3 l 934000000 and is scheduled for right of way acquisition and construction to begin in fiscal year 2020, being let as a design-build contract. The project is also included in the Hagerstown/Eastern Panhandle Metropolitan Planning Organization (HEPMPO) Transportation Improvement Program (TIP) (FY 2019– 2022) and Direction 2045 Long Range Transportation Plane Update (April 11, 2018). The FHWA’s action, related actions by other Federal agencies, and the laws under which such actions were taken, are described in the Environmental Impact Statement (EIS) approved on April 16, 2019, the ROD approved on August 22, 2019, and other documents in the project file. The EIS and ROD are available for review by contacting FHWA or WVDOH at the addresses provided above. In addition, these documents can be viewed and downloaded from the project website at: https://transportation.wv.gov/highways/ engineering/comment/closed/us340/ Pages/default.aspx. This notice applies VerDate Sep<11>2014 16:49 Nov 27, 2019 Jkt 250001 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. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321–4351]; FederalAid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128). 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303 and 23 U.S.C. 138]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act (ESA) (16 U.S.C. 1531–1544 and Section 1536], Anadromous Fish Conservation Act [16 U.S.C. 757(a)–757(g)], Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)], Migratory Bird Treaty Act [16 U.S.C. 703– 712], Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 (16 U.S.C. 470(aa)–470(11)]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)–2000(d)(l)]; 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: Safe Drinking Water Act (SOWA) [42 U.S.C.300(t)–300(i)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287]; Flood Disaster Protection Act [42 U.S.C. 4001– 4128]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601– 9675]; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901–6992(k)]. 9. 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. 13007 Indian Sacred Sites; 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. (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.) PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Authority: 23 U.S.C. 139(l)(1). Jason Workman, Director, Program Development, Charleston, West Virginia. [FR Doc. 2019–25555 Filed 11–27–19; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF THE TREASURY Fiscal Service Proposed Collection of Information: Special Bond of Indemnity By Purchaser of United States Savings Bonds/Notes Involved in a Chain Letter Scheme Notice and request for comments. ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently the Bureau of the Fiscal Service within the Department of the Treasury is soliciting comments concerning Special Bond of Indemnity by Purchaser of United States Savings Bonds/Notes Involved in a Chain Letter Scheme DATES: Written comments should be received on or before January 28, 2020 to be assured of consideration. ADDRESSES: Direct all written comments and requests for additional information to Bureau of the Fiscal Service, Bruce A. Sharp, Room #4006–A, P.O. Box 1328, Parkersburg, WV 26106–1328, or bruce.sharp@fiscal.treasury.gov. SUPPLEMENTARY INFORMATION: Title: Special Bond of Indemnity By Purchaser of United States Savings Bonds/Notes Involved in a Chain Letter Scheme. OMB Number: 1530–0030. Form Number: FS Form 2966. Abstract: The information is requested to support a request for refund of the purchase price of savings bonds purchased in a chain letter scheme. Current Actions: Revision of a currently approved collection. Type of Review: Regular. Affected Public: Individuals or Households. Estimated Number of Respondents: 240. Estimated Time per Respondent: 8 minutes. Estimated Total Annual Burden Hours: 32. SUMMARY: E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65895-65896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25555]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
West Virginia

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA.

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

SUMMARY: This notice announces action taken by FHWA and that are final. 
This final agency action relates to a proposed highway project, 
improvements to US 340, from the Charles Town Bypass in Jefferson 
County, West Virginia to just south of the state boundary in Clarke 
County, Virginia. This decision will be used by Federal agencies in 
subsequent proceedings, including decisions to grant licenses, permits, 
and approvals for the proposed highway project. The FHWA's Record of 
Decision (ROD) provides details on the Selected Alternative for the 
proposed improvements.

DATES: By this notice, FHWA 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

[[Page 65896]]

will be barred unless the claim is filed on or before April 27, 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 FHWA: Jason Workman, Director of 
Program Development, Federal Highway Administration, West Virginia 
Division, 154 Court Street, Charleston, WV 25301; (304)-347-5271; 
[email protected]. The FHWA West Virginia Division Office's normal 
business hours are 8 a.m. to 5 p.m. (Eastern Time). For the West 
Virginia Division of Highways (WVDOH): Ben Hark, Environmental Section 
Head in the Engineering Division of West Virginia Division of Highways, 
1334 Smith Street, Charleston, WV 25301; (304) 558-9670, 
[email protected]. The WVDOH Office's normal business hours are 8 a.m. 
to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken a 
final agency action by issuing its ROD for the following highway 
project in the State of West Virginia: Widening of US 340 from two 
lanes to four lanes, from the Charles Town Bypass in Jefferson County, 
West Virginia to just south of the state boundary in Clarke County, 
Virginia. The length of the project is approximately 4.5 miles.
    The project proposes to widen US 340 from two lanes to four lanes. 
The project is included in WVDOH's adopted 2016-2021 State 
Transportation Improvement Plan (STIP) as project number U3 l 934000000 
and is scheduled for right of way acquisition and construction to begin 
in fiscal year 2020, being let as a design-build contract. The project 
is also included in the Hagerstown/Eastern Panhandle Metropolitan 
Planning Organization (HEPMPO) Transportation Improvement Program (TIP) 
(FY 2019-2022) and Direction 2045 Long Range Transportation Plane 
Update (April 11, 2018).
    The FHWA's action, related actions by other Federal agencies, and 
the laws under which such actions were taken, are described in the 
Environmental Impact Statement (EIS) approved on April 16, 2019, the 
ROD approved on August 22, 2019, and other documents in the project 
file. The EIS and ROD are available for review by contacting FHWA or 
WVDOH at the addresses provided above. In addition, these documents can 
be viewed and downloaded from the project website at: https://transportation.wv.gov/highways/engineering/comment/closed/us340/Pages/default.aspx. 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. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 
128).
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303 and 23 U.S.C. 138]; Landscaping and Scenic 
Enhancement (Wildflowers) [23 U.S.C. 319].
    4. Wildlife: Endangered Species Act (ESA) (16 U.S.C. 1531-1544 
and Section 1536], Anadromous Fish Conservation Act [16 U.S.C. 
757(a)-757(g)], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712], Magnuson-
Stevenson Fishery Conservation and Management Act of 1976, as 
amended [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 (16 U.S.C. 
470(aa)-470(11)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Grave Protection and 
Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(l)]; 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: Safe Drinking Water Act (SOWA) 
[42 U.S.C.300(t)-300(i)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 
1271-1287]; Flood Disaster Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); 
Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-
6992(k)].
    9. 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. 13007 Indian Sacred Sites; 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.

(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).

Jason Workman,
Director, Program Development, Charleston, West Virginia.
[FR Doc. 2019-25555 Filed 11-27-19; 8:45 am]
 BILLING CODE 4910-RY-P