Notice of Final Federal Agency Actions on Proposed Highway in Utah, 34714-34715 [2020-12207]

Download as PDF 34714 Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Notices Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction.) Authority: 23 U.S.C. 139(l)(1). Issued on: May 29, 2020. Karla S. Petty, Arizona Division Administrator, Phoenix, Arizona. [FR Doc. 2020–11999 Filed 6–4–20; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Rescinding the Notice of Intent To Prepare Environmental Impact Statement: South Kohala, Hawaii (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, 23 CFR 771, and 40 CFR 1500–1508) Issued on: May 29, 2020. Ralph Rizzo, Division Administrator, Honolulu, HI. Federal Highway Administration (FHWA), DOT. ACTION: Notice to rescind notice of intent (NOI) to prepare an environmental impact statement (EIS). [FR Doc. 2020–12115 Filed 6–4–20; 8:45 am] The FHWA is issuing this notice to advise the public that the FHWA is rescinding its NOI and will not be preparing an EIS to evaluate alternatives to realign and/or widen an existing highway in South Kohala in the County of Hawaii. An NOI to prepare an EIS was published in the Federal Register on November 29, 2002. FOR FURTHER INFORMATION CONTACT: Ralph Rizzo, Division Administrator, Federal Highway Administration, 300 Ala Moana Boulevard, Box 50206, Honolulu, Hawaii 96850, Telephone: (808) 541–2700. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the State of Hawaii Department of Transportation (HDOT), initiated an EIS with an NOI published in the Federal Register on November 29, 2002, at 67 FR 71231, to prepare an EIS. The study area begins near the intersection of Mud Lane and the Hawaii Belt Road (State Route 19) and terminates along Mamalahoa Highway (State Route 190) near the WaimeaKohala Airport. The study also included a 1.7 mile spur to connect with Lindsey Road. Improvements were considered necessary to improve highway safety and reduce congestion, while preserving the character and ambience of the historic Waimea village. The Project would impact a sizable number of historic and archaeological resources due to the sheer number of archaeological sites identified during the survey. Avoidance of all these sites would be difficult and may not be Federal Highway Administration AGENCY: SUMMARY: lotter on DSK9F5VC42PROD with NOTICES feasible. Also, the County recently completed intersection improvements on the existing highway that improved congestion. Finally, the cost for the estimated right-of-way and construction would likely be substantial because of limited funding availability. Therefore, HDOT has decided not to proceed with the project and the preparation of the EIS is being terminated. VerDate Sep<11>2014 18:21 Jun 04, 2020 Jkt 250001 BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Notice of Final Federal Agency Actions on Proposed Highway in Utah Utah Department of Transportation (UDOT), Federal Highway Administration (FHWA), Department of Transportation. ACTION: Notice of limitations on claims for judicial review of actions by the U.S. Army Corps of Engineers. AGENCY: The FHWA, on behalf of UDOT, is issuing this notice to announce actions taken by the U.S. Army Corps of Engineers (USACE) that are final Federal agency actions. The final agency actions relate to a proposed highway project, the West Davis Corridor project in Davis County, Utah. Those actions grant licenses, permits and/or approvals for the project. DATES: By this notice, FHWA, on behalf of UDOT, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of these Federal agency actions on the highway project will be barred unless the claim is filed on or before November 2, 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 UDOT: Randy Jefferies, Project Manager, UDOT Region 1, 166 W Southwell Street, Ogden, UT 84404; (801) 791– 1059; email: rjefferies@utah.gov. UDOT’s normal business hours are 8 SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 a.m. to 5 p.m. (Mountain Time Zone), Monday through Friday, except State and Federal holidays. For USACE: Jason Gipson, Nevada/Utah Regulatory Section Chief; USACE Bountiful Regulatory Field Office, 533 West 2600 South, Suite 150, Bountiful, UT 84010; (801) 295–8380 x8314; email: Jason.a.gipson@usace.army.mil. USACE’s normal business hours are 8 a.m. to 5 p.m. (Mountain Time Zone), Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Effective January 17, 2017, FHWA assigned to UDOT certain responsibilities of FHWA for environmental review, consultation, and other actions required by applicable Federal environmental laws and regulations for highway projects in Utah, pursuant to 23 U.S.C. 327. FHWA maintained responsibility to publish documents proposed by UDOT to be published in the Federal Register, including notices of final agency action under 23 U.S.C. 139(l)(1). FHWA also maintained responsibility of the environmental review process of the West Davis Corridor project until its issuance of a Record of Decision (FHWA ROD), which occurred on September 29, 2017. Since that time UDOT has been responsible for conducting any additional environmental reviews that are required for the West Davis Corridor project. On behalf of UDOT, notice is hereby given that the USACE has taken final agency actions subject to 23 U.S.C. § 139(l)(1) by issuing licenses, permits, and approvals for the West Davis Corridor project in the State of Utah. The West Davis Corridor project is a proposed highway approximately 19 miles long and would be a four-lane divided highway with an average rightof-way width of 250 feet from I–15 in Farmington to Antelope Drive in Davis County, Utah. From Antelope Drive to 1800 North in West Point the project would be a 146-foot-wide, limitedaccess two-lane highway. A Final Environmental Impact Statement and Section 4(f) Evaluation for the West Davis Corridor project (FEIS) was approved by FHWA on June 23, 2017, and the FHWA ROD for the project was issued on September 29, 2017. The FEIS, FHWA ROD, and other project records are available by contacting UDOT at the address provided above. The FEIS and FHWA ROD can also be viewed and downloaded from the project website at https://westdavis.udot.utah.gov/finaleis-and-rod/. FHWA published a notice of final federal agency action under 23 U.S.C. 139(1)(l) for the FEIS, FHWA ROD and all other then-final federal E:\FR\FM\05JNN1.SGM 05JNN1 lotter on DSK9F5VC42PROD with NOTICES Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Notices agency actions for the project on October 6, 2017, and the 150-day period for filing a claim for judicial review of those actions expired on March 5, 2018. This notice applies to USACE’s approval of a permit under Section 404 of the Clean Water Act and a Record of Decision under the National Environmental Policy Act and Section 404 of the Clean Water Act issued for the West Davis Corridor project. The USACE Record of Decision was issued on May 14, 2020 and the USACE Section 404 permit was issued on May 15, 2020 (SPK–2007–01985). As described in the USACE Record of Decision and permit, in the approximately 17.5 miles of the project covered by the permit, between I–15 in Farmington and 300 North in West Point, there will be a discharge of dredged or fill material into 55.71 acres of waters of the United States, including 52.03 acres of wetlands, 0.98 acre/1,875 linear feet of perennial streams, and 2.70 acres of other open waters. The Record of Decision and Section 404 permit authorize these discharges. The USACE Section 404 permit and Record of Decision are available by contacting USACE at the address provided above. This notice applies to the Section 404 permit and Record of Decision and all laws under which such actions were taken, including but not limited to the following laws and their implementing regulations: 1. General: National Environmental Policy Act [42 U.S.C. 4321–4351]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703–712]; The Bald and Golden Eagle Protection Act [16 U.S.C. 668]; The MagnusonStevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq]. 4. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; 5. 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]. 6. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1377]; 7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority VerDate Sep<11>2014 18:21 Jun 04, 2020 Jkt 250001 Populations and Low-Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. This notice does not reopen or extend the 150-day period for filing a claim for judicial review of any federal agency or UDOT action on the West Davis Corridor project for which a notice of agency action has been previously published under 23 U.S.C. 139(l)(1), including any action relied upon by the USACE in approving the Section 404 permit or Record of Decision. (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: May 28, 2020. Ivan Marrero, Division Administrator, Federal Highway Administration, Salt Lake City, Utah. [FR Doc. 2020–12207 Filed 6–4–20; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0445; FMCSA– 2018–0052] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for three individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the SUMMARY: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 34715 dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before July 6, 2020. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2013–0445 or Docket No. FMCSA–2018–0052 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/ docket?D=FMCSA-2018-0052 or http:// www.regulations.gov/docket?D=FMCSA2013-0445. Follow the online instructions for submitting comments. • Mail: Docket Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0445 or Docket No. FMCSA–2018–0052), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Pages 34714-34715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12207]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Utah

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

ACTION: Notice of limitations on claims for judicial review of actions 
by the U.S. Army Corps of Engineers.

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

SUMMARY: The FHWA, on behalf of UDOT, is issuing this notice to 
announce actions taken by the U.S. Army Corps of Engineers (USACE) that 
are final Federal agency actions. The final agency actions relate to a 
proposed highway project, the West Davis Corridor project in Davis 
County, Utah. Those actions grant licenses, permits and/or approvals 
for the project.

DATES: By this notice, FHWA, on behalf of UDOT, is advising the public 
of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking 
judicial review of these Federal agency actions on the highway project 
will be barred unless the claim is filed on or before November 2, 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 UDOT: Randy Jefferies, Project 
Manager, UDOT Region 1, 166 W Southwell Street, Ogden, UT 84404; (801) 
791-1059; email: [email protected]. UDOT's normal business hours are 
8 a.m. to 5 p.m. (Mountain Time Zone), Monday through Friday, except 
State and Federal holidays. For USACE: Jason Gipson, Nevada/Utah 
Regulatory Section Chief; USACE Bountiful Regulatory Field Office, 533 
West 2600 South, Suite 150, Bountiful, UT 84010; (801) 295-8380 x8314; 
email: [email protected]. USACE's normal business hours are 
8 a.m. to 5 p.m. (Mountain Time Zone), Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION: Effective January 17, 2017, FHWA assigned to 
UDOT certain responsibilities of FHWA for environmental review, 
consultation, and other actions required by applicable Federal 
environmental laws and regulations for highway projects in Utah, 
pursuant to 23 U.S.C. 327. FHWA maintained responsibility to publish 
documents proposed by UDOT to be published in the Federal Register, 
including notices of final agency action under 23 U.S.C. 139(l)(1). 
FHWA also maintained responsibility of the environmental review process 
of the West Davis Corridor project until its issuance of a Record of 
Decision (FHWA ROD), which occurred on September 29, 2017. Since that 
time UDOT has been responsible for conducting any additional 
environmental reviews that are required for the West Davis Corridor 
project. On behalf of UDOT, notice is hereby given that the USACE has 
taken final agency actions subject to 23 U.S.C. Sec.  139(l)(1) by 
issuing licenses, permits, and approvals for the West Davis Corridor 
project in the State of Utah.
    The West Davis Corridor project is a proposed highway approximately 
19 miles long and would be a four-lane divided highway with an average 
right-of-way width of 250 feet from I-15 in Farmington to Antelope 
Drive in Davis County, Utah. From Antelope Drive to 1800 North in West 
Point the project would be a 146-foot-wide, limited-access two-lane 
highway.
    A Final Environmental Impact Statement and Section 4(f) Evaluation 
for the West Davis Corridor project (FEIS) was approved by FHWA on June 
23, 2017, and the FHWA ROD for the project was issued on September 29, 
2017. The FEIS, FHWA ROD, and other project records are available by 
contacting UDOT at the address provided above. The FEIS and FHWA ROD 
can also be viewed and downloaded from the project website at https://westdavis.udot.utah.gov/final-eis-and-rod/. FHWA published a notice of 
final federal agency action under 23 U.S.C. 139(1)(l) for the FEIS, 
FHWA ROD and all other then-final federal

[[Page 34715]]

agency actions for the project on October 6, 2017, and the 150-day 
period for filing a claim for judicial review of those actions expired 
on March 5, 2018.
    This notice applies to USACE's approval of a permit under Section 
404 of the Clean Water Act and a Record of Decision under the National 
Environmental Policy Act and Section 404 of the Clean Water Act issued 
for the West Davis Corridor project. The USACE Record of Decision was 
issued on May 14, 2020 and the USACE Section 404 permit was issued on 
May 15, 2020 (SPK-2007-01985). As described in the USACE Record of 
Decision and permit, in the approximately 17.5 miles of the project 
covered by the permit, between I-15 in Farmington and 300 North in West 
Point, there will be a discharge of dredged or fill material into 55.71 
acres of waters of the United States, including 52.03 acres of 
wetlands, 0.98 acre/1,875 linear feet of perennial streams, and 2.70 
acres of other open waters. The Record of Decision and Section 404 
permit authorize these discharges.
    The USACE Section 404 permit and Record of Decision are available 
by contacting USACE at the address provided above. This notice applies 
to the Section 404 permit and Record of Decision and all laws under 
which such actions were taken, including but not limited to the 
following laws and their implementing regulations:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4351].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712]; The Bald and 
Golden Eagle Protection Act [16 U.S.C. 668]; The Magnuson-Stevens 
Fishery Conservation and Management Act [16 U.S.C. 1801 et seq].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.];
    5. 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].
    6. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377];
    7. 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. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.
    This notice does not reopen or extend the 150-day period for filing 
a claim for judicial review of any federal agency or UDOT action on the 
West Davis Corridor project for which a notice of agency action has 
been previously published under 23 U.S.C. 139(l)(1), including any 
action relied upon by the USACE in approving the Section 404 permit or 
Record of Decision.

(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: May 28, 2020.
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City, 
Utah.
[FR Doc. 2020-12207 Filed 6-4-20; 8:45 am]
 BILLING CODE 4910-RY-P