Notice of Final Federal Agency Actions on the I-26 Asheville Connector in North Carolina, 38932-38933 [2023-12674]

Download as PDF 38932 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices Technical Services, NCDOT, 1536 Mail Service Center, Raleigh, North Carolina 27699–1536; telephone (919) 707–2516, email: dweaver@dot.state.nc.us. Decided: June 8, 2023. NCDOT’s regular office hours are 8 a.m. By the Board, Board Members Fuchs, to 5 p.m. (Eastern Time). Hedlund, Oberman, Primus, and Schultz. SUPPLEMENTARY INFORMATION: Notice is Aretha Laws-Byrum, hereby given that FHWA and other Clearance Clerk. Federal agencies have taken final agency [FR Doc. 2023–12706 Filed 6–13–23; 8:45 am] actions subject to 23 U.S.C. 139(l)(1) by BILLING CODE 4915–01–P issuing licenses, permits, and approvals for the following highway project in the State of North Carolina: proposed DEPARTMENT OF TRANSPORTATION improvements to upgrade the I–26 corridor in Asheville from south of the Federal Highway Administration I–26/I–40/I–240 interchange through the Notice of Final Federal Agency Actions I–240 interchange with US 19–23–74A/ Patton Avenue west of the French Broad on the I–26 Asheville Connector in River so that I–240 can be redesignated North Carolina as I–26. The proposed action includes improvements to the I–40 interchanges AGENCY: Federal Highway with Smoky Park Highway, I–26/I–240 Administration (FHWA), DOT. and Brevard Road, upgrading I–240 (as ACTION: Notice of limitation on claims well as interchanges at Brevard Road, for judicial review of actions by FHWA Amboy Road, and Haywood Road) from and other federal agencies. the I–26/I–240 interchange with I–40 to SUMMARY: This notice announces actions the I–240 interchange with Patton taken by FHWA and the other Federal Avenue west of the French Broad River, agencies that are final. The actions constructing I–26 on new location from relate to the proposed improvements to the Patton Avenue interchange north across the French Broad River, tying upgrade the I–26 corridor in Asheville into US 19/23/70 south of Broadway from south of the I–26/I–40/I–240 Street, and widening Riverside Drive interchange through the I–240 interchange with US 19–23–74A/Patton from Hill Street to Broadway Street. The 7.0-mile project is commonly referred to Avenue west of the French Broad River as the I–26 Asheville Connector and is so that I–240 can be redesignated as I– identified in the Statewide 26 in Buncombe County, North Transportation Improvement Plan Carolina. The project is commonly (STIP) as STIP No. I–2513. The actions referred to as the I–26 Asheville by the Federal Agencies, and the laws Connector and is identified as State under which such actions were taken, Transportation Improvement Program Project (STIP) No. I–2513. Those actions are described in the Final Environmental Impact Statement (FEIS) grant licenses, permits, and approvals for the project, approved on January 9, for the project. DATES: By this notice, FHWA is advising 2020, in the FHWA ROD approved on May 26, 2023, and in other documents the public of final agency actions in the project record. The FEIS, ROD, subject to 23 U.S.C. 139(l)(1). A claim and other project records are available seeking judicial review of the Federal by contacting the FHWA or the NCDOT agency actions on the highway project at the addresses provided above. The will be barred unless the claim is filled FEIS and ROD can be viewed and on or before November 13, 2023. If the downloaded from the project website at Federal law that authorizes judicial review of a claim provides a time period https://www.ncdot.gov/projects/ asheville-i-26-connector/Pages/ of less than 150 days for filing such claim, then that shorter time period still default.aspx, or obtained from any contact listed above. applies. This notice applies to all Federal FOR FURTHER INFORMATION CONTACT: For Agency decisions that are final as of the FHWA: Mr. Clarence W. Coleman, P. E., issuance date of this notice and all laws Preconstruction and Environment under which such actions were taken, Director, FHWA, 310 New Bern Avenue, including but not limited to: Suite 410, Raleigh, North Carolina, 1. General: National Environmental 27601–1418; telephone: (919) 747–7014; Policy Act (NEPA) [42 U.S.C. 4321 et email: clarence.coleman@dot.gov. seq.]; Federal-Aid Highway Act [23 FHWA North Carolina Division’s regular U.S.C. 109]. office hours are 8 a.m. to 5 p.m. (Eastern 2. Air: Clean Air Act [42 U.S.C. 7401 Time). For North Carolina Department et seq.]. of Transportation (NCDOT): Mr. Derrick 3. Land: Section 4(f) of the Weaver, P. E., Deputy Director of Department of Transportation Act of ddrumheller on DSK120RN23PROD with NOTICES1 Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590. VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 1966 [49 U.S.C. 303; 23 U.S.C. 138]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Anadromous Fish Conservation Act [16 U.S.C. 757(a) et seq.], Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], Migratory Bird Treaty Act [16 U.S.C. 703–712], Magnuson-Stevenson Fishery Conservation and Management Act of 1976 [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966 [54 U.S.C. 306108]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa) at seq.]; Archeological and Historic Preservation Act [54 U.S.C. 312501–312508]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000(d) et seq.]; 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 et seq.]; Coastal Barrier Resources Act [16 U.S.C. 3501–3510]; Coastal Zone Management Act [16 U.S.C. 1451 et seq.]; Land and Water Conservation Fund (LWCF) [54 U.S.C. 200301 et seq.]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f) et seq.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401 et seq.]; Wild and Scenic Rivers Act [16 U.S.C. 1271– 1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23 U.S.C. 119(g) and 133(b)(14)]; Flood Disaster Protection Act [42 U.S.C. 4001 et seq.]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601 et seq.]; Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C. 11001 et seq.]; Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901 et seq.]. 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. 13166, Improving Access to Services for Persons with Limited English Proficiency; 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 E:\FR\FM\14JNN1.SGM 14JNN1 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices 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 E.O. 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Clarence W. Coleman, Preconstruction and Environment Director, Raleigh, North Carolina. [FR Doc. 2023–12674 Filed 6–13–23; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Safety Advisory 2023–01; Evaluation of Policies and Procedures Related to the Use and Maintenance of Hot Bearing Wayside Detectors (Supplement) Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of Safety Advisory; notice No. 2. AGENCY: On March 3, 2023, in response to a series of rail accidents suspected of being caused by burnt journal bearings, FRA published Safety Advisory 2023–01 addressing the use and maintenance of hot bearing detectors (HBDs). Since publication of that Safety Advisory, FRA has continued to evaluate railroads’ use of HBDs and on May 10, 2023, in New Castle, Pennsylvania, another accident occurred that is suspected of being the result of a burnt journal bearing. Preliminary information related to this most recent accident shows that the train involved passed a HBD which alarmed prior to the accident. Accordingly, FRA is issuing this Notice to supplement Safety Advisory 2023–01 with one additional recommendation. Specifically, this Notice adds a fifth recommendation to Safety Advisory 2023–01 recommending that railroads take action to evaluate the resiliency and accuracy of the overall process used to monitor and measure bearing health. FOR FURTHER INFORMATION CONTACT: Karl Alexy, Associate Administrator for Railroad Safety and Chief Safety Officer, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, (202)–493–6282. Disclaimer: This Safety Advisory is considered guidance pursuant to DOT Order 2100.6A (June 7, 2021). Except ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 when referencing laws, regulations, policies, or orders, the information in this Safety Advisory does not have the force and effect of law and is not meant to bind the public in any way. This document does not revise or replace any previously issued guidance. SUPPLEMENTARY INFORMATION: Background In response to recent rail accidents, on February 21, 2023, while calling on the freight rail industry and Congress to take action to improve rail safety, U.S. Department of Transportation Secretary Pete Buttigieg reiterated the Department’s commitment to enhancing rail safety through specific targeted actions.1 In addition to various regulatory and other activities FRA already had underway at the time of Secretary Buttigieg’s announcement, one of the actions announced included a focused inspection program of routes over which high-hazard flammable trains (HHFTs) 2 and other trains transporting large volumes of hazardous materials travel (Route Assessment). Subsequently, in response to continued derailments and the death of a Norfolk Southern Railway (NS) worker, FRA launched a supplemental safety assessment of NS, issued three safety advisories and two safety bulletins 3 calling attention to the risks FRA identified in the recent accidents. HHFT Route Assessment As noted above, in March 2023, FRA initiated a nationwide comprehensive assessment of HHFT routes and other rail routes over which large quantities of other hazardous materials are transported. The Route Assessment includes all FRA technical safety disciplines (i.e., hazardous materials, track, signal and train control, mechanical, operating practices, and grade crossing). The Route Assessment is designed to evaluate the overall condition of the rail infrastructure 1 See https://www.transportation.gov/briefingroom/us-department-transportation-fact-sheetsteps-forward-freight-rail-industry-safety. 2 An HHFT is ‘‘a single train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or a single train carrying 35 or more loaded tank cars of a Class 3 flammable liquid throughout the train consist.’’ 49 CFR 171.8. 3 https://railroads.dot.gov/elibrary/safetyadvisory-2023-01-evaluation-policies-andprocedures-related-use-and-maintenance-hot; https://railroads.dot.gov/elibrary/safety-advisory2023-02-train-makeup-and-operational-safetyconcerns; https://railroads.dot.gov/elibrary/safetyadvisory-2023-03-accident-mitigation-and-trainlength; https://railroads.dot.gov/elibrary/safetybulletin-2023-01-switching-operation-accident; https://railroads.dot.gov/sites/fra.dot.gov/files/ 2023-03/Safety%20Bulletin%20202302%20%28031623%29.pdf. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 38933 (including, but not limited to, the track, rolling stock, signal systems, and other equipment that affects or monitors the safety of rail operations) and railroads’ compliance with both FRA safety regulations and the regulations of the Pipeline and Hazardous Materials Safety Administration. Initial observations from the Route Assessment point to significant inconsistencies in the railroads’ application of best practices associated with the installation and maintenance of HBDs, as well as in the assessment and use of HBD data to address failing or failed bearings. FRA is continuing to evaluate the tools, algorithms, and other methodologies railroads use to evaluate bearing health, and the training practices for all railroad employees involved in monitoring bearing health information and/or taking action in response to that information. Supplemental Safety Assessment of Norfolk Southern On March 15, 2023, FRA initiated a supplemental safety assessment of NS (NS Assessment), with a specific focus on safety culture and training, as well as a deep dive into compliance with selected regulations and the status of recommendations from FRA’s 2022 System Audit of NS performed January through May of 2022.4 The investigation phase of FRA’s NS Assessment was completed mid-May 2023, and analysis of survey results is currently in process. While FRA continues to analyze results to confirm FRA’s findings and any recommendations, several areas of concern have arisen, including the resiliency of NS’s processes and procedures for monitoring and actioning bearing health information from the railroad’s system of HBDs. New Castle, Pennsylvania Accident— May 10, 2023 On May 10, 2023, at 11:24 p.m., a NS general merchandise train (i.e., not an HHFT) derailed nine cars in New Castle, Pennsylvania. Five cars derailed on a bridge over the Mahoning River. Both the National Transportation Safety Board and FRA are investigating the accident and both investigations are ongoing. Although no final conclusions as to the cause of the accident have been identified yet, preliminary information indicates that a burnt journal bearing played a role in the derailment and that the train involved passed at least one HBD that alarmed before the derailment. FRA is probing the communication and 4 FRA Audit Number: 2022–NS Special Audit –01–1; https://railroads.dot.gov/elibrary/fra-auditreport-norfolk-southern-railway-company. E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38932-38933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12674]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the I-26 Asheville 
Connector in North Carolina

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other federal agencies.

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

SUMMARY: This notice announces actions taken by FHWA and the other 
Federal agencies that are final. The actions relate to the proposed 
improvements to upgrade the I-26 corridor in Asheville from south of 
the I-26/I-40/I-240 interchange through the I-240 interchange with US 
19-23-74A/Patton Avenue west of the French Broad River so that I-240 
can be redesignated as I-26 in Buncombe County, North Carolina. The 
project is commonly referred to as the I-26 Asheville Connector and is 
identified as State Transportation Improvement Program Project (STIP) 
No. I-2513. Those actions grant licenses, permits, and approvals for 
the project.

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 will be barred 
unless the claim is filled on or before November 13, 2023. 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: Mr. Clarence W. Coleman, P. 
E., Preconstruction and Environment Director, FHWA, 310 New Bern 
Avenue, Suite 410, Raleigh, North Carolina, 27601-1418; telephone: 
(919) 747-7014; email: [email protected]. FHWA North Carolina 
Division's regular office hours are 8 a.m. to 5 p.m. (Eastern Time). 
For North Carolina Department of Transportation (NCDOT): Mr. Derrick 
Weaver, P. E., Deputy Director of Technical Services, NCDOT, 1536 Mail 
Service Center, Raleigh, North Carolina 27699-1536; telephone (919) 
707-2516, email: [email protected]. NCDOT's regular office hours 
are 8 a.m. to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies 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 North Carolina: proposed improvements 
to upgrade the I-26 corridor in Asheville from south of the I-26/I-40/
I-240 interchange through the I-240 interchange with US 19-23-74A/
Patton Avenue west of the French Broad River so that I-240 can be 
redesignated as I-26. The proposed action includes improvements to the 
I-40 interchanges with Smoky Park Highway, I-26/I-240 and Brevard Road, 
upgrading I-240 (as well as interchanges at Brevard Road, Amboy Road, 
and Haywood Road) from the I-26/I-240 interchange with I-40 to the I-
240 interchange with Patton Avenue west of the French Broad River, 
constructing I-26 on new location from the Patton Avenue interchange 
north across the French Broad River, tying into US 19/23/70 south of 
Broadway Street, and widening Riverside Drive from Hill Street to 
Broadway Street. The 7.0-mile project is commonly referred to as the I-
26 Asheville Connector and is identified in the Statewide 
Transportation Improvement Plan (STIP) as STIP No. I-2513. The actions 
by the Federal Agencies, and the laws under which such actions were 
taken, are described in the Final Environmental Impact Statement (FEIS) 
for the project, approved on January 9, 2020, in the FHWA ROD approved 
on May 26, 2023, and in other documents in the project record. The 
FEIS, ROD, and other project records are available by contacting the 
FHWA or the NCDOT at the addresses provided above. The FEIS and ROD can 
be viewed and downloaded from the project website at https://www.ncdot.gov/projects/asheville-i-26-connector/Pages/default.aspx, or 
obtained from any contact listed above.
    This notice applies to all Federal Agency decisions that are final 
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 et seq.]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401 et seq.].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303; 23 U.S.C. 138]; Landscaping and Scenic Enhancement 
(Wildflowers) [23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a) et seq.], Fish and 
Wildlife Coordination Act [16 U.S.C. 661 et seq.], Migratory Bird 
Treaty Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation 
and Management Act of 1976 [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [54 U.S.C. 306108]; Archeological 
Resources Protection Act of 1977 [16 U.S.C. 470(aa) at seq.]; 
Archeological and Historic Preservation Act [54 U.S.C. 312501-312508]; 
Native American Grave Protection and Repatriation Act (NAGPRA) [25 
U.S.C. 3001-3013].
    6. Social and Economic: Title VI of the Civil Rights Act of 1964 
[42 U.S.C. 2000(d) et seq.]; 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 et seq.]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451 et seq.]; Land and Water Conservation Fund (LWCF) [54 
U.S.C. 200301 et seq.]; Safe Drinking Water Act (SDWA) [42 U.S.C. 
300(f) et seq.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401 et 
seq.]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency 
Wetlands Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23 
U.S.C. 119(g) and 133(b)(14)]; Flood Disaster Protection Act [42 U.S.C. 
4001 et seq.].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601 et seq.]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C. 
11001 et seq.]; Resource Conservation and Recovery Act (RCRA) [42 
U.S.C. 6901 et seq.].
    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. 13166, Improving Access to Services for Persons with 
Limited English Proficiency; 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

[[Page 38933]]

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 E.O. 
12372 regarding intergovernmental consultation on Federal programs 
and activities apply to this program.)

    Authority: 23 U.S.C. 139(l)(1).

Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2023-12674 Filed 6-13-23; 8:45 am]
BILLING CODE 4910-RY-P

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