80 FR 13461 - Notice of Final Federal Agency Actions on South Mountain Freeway (Loop 202), Interstate 10 (Papago Freeway) to Interstate 10 (Maricopa Freeway) in Phoenix, AZ

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range		13461-13462
FR Document		2015-05769

In accordance with the National Environmental Policy Act (NEPA) and FHWA procedures, this notice announces the availability of the ROD regarding the South Mountain Freeway project in Phoenix, AZ. The Arizona Division Administrator signed the ROD on March 5, 2015. In addition, this notice announces actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the design and construction of the Selected Alternative for the South Mountain Freeway project. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)

[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13461-13462]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05769]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on South Mountain Freeway 
(Loop 202), Interstate 10 (Papago Freeway) to Interstate 10 (Maricopa 
Freeway) in Phoenix, AZ

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

ACTION: Notice of Availability of the Record of Decision (ROD) for the 
South Mountain Freeway project; and Notice of limitation on claims for 
judicial review of actions by FHWA and other Federal Agencies.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) and FHWA procedures, this notice announces the availability of 
the ROD regarding the South Mountain Freeway project in Phoenix, AZ. 
The Arizona Division Administrator signed the ROD on March 5, 2015.

[[Page 13462]]

    In addition, this notice announces actions taken by FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to the design and construction of the 
Selected Alternative for the South Mountain Freeway project. 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 filed on or before August 10, 2015. 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: Mr. Alan Hansen, Team Leader Planning, 
Environment, Air Quality, and Realty Team, Federal Highway 
Administration, 4000 N. Central Avenue, Suite 1500, Phoenix, Arizona 
85012-3500; telephone: (602) 379-3646, fax: (602) 382-8998, email: 
Alan.Hansen@dot.gov. The FHWA Arizona Division Office's normal business 
hours are 7:30 a.m. to 4 p.m. (Mountain Standard Time).
    You may also contact: Ms. Rebecca Yedlin, Environmental 
Coordinator, Federal Highway Administration, 4000 N. Central Avenue, 
Suite 1500, Phoenix, Arizona 85012-3500; telephone: (602) 379-3646, 
fax: (602) 382-8998, email: Rebecca.Yedlin@dot.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following project in the State of 
Arizona: South Mountain Freeway (Loop 202), Interstate 10 (Papago 
Freeway) to Interstate 10 (Maricopa Freeway). The FHWA has decided to 
identify the Preferred Alternative analyzed in the South Mountain 
Freeway (Loop 202) Final Environmental Impact Statement and Section 
4(f) Evaluation (FEIS) as the Selected Alternative for the South 
Mountain Freeway project in Phoenix, Arizona, and to proceed with its 
construction. The Selected Alternative discussed in the ROD for the 
project is the environmentally preferable alternative. The Selected 
Alternative will meet the project needs as well as or better than the 
other alternatives, and was determined to be the only prudent and 
feasible alternative in the eastern project area during the Section 
4(f) evaluation. The Selected Alternative will have similar 
environmental effects on natural resources, cultural resources, 
hazardous materials, and noise; will displace fewer residences; will 
have the lowest impact on total tax revenues of local governments; will 
have lower construction costs; will cause less construction disruption 
overall to Interstate 10 (Papago Freeway); will mitigate impacts and 
provide measures to minimize harm; represents all possible planning to 
minimize harm to resources receiving protection under Section 4(f); is 
favored by the majority of local governments; and will allow regulatory 
permitting requirements to be met.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Draft Environmental Impact 
Statement approved April 16, 2013, FEIS for the project, approved on 
September 18, 2014, in the FHWA ROD issued on March 5, 2015, and in 
other documents in the FHWA administrative record. Project decision 
documents are also available online at: azdot.gov/southmountainfreeway.
    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].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the US Department of Transportation Act of 
1966 [49 U.S.C. 303]; 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], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    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)-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)(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: Land and Water Conservation Fund 
(LWCF) [16 U.S.C. 4601-4604]; 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]; 
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands 
Resources Act [16 U.S.C. 3921, 3931]; Flood Disaster Protection Act [42 
U.S.C. 4001-4128].
    8. Water: Clean Water Act 33 U.S.C. 1251-1387.
    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).

    Issued on: March 9, 2015.
Karla S. Petty,
Arizona Division Administrator, Phoenix, Arizona.
[FR Doc. 2015-05769 Filed 3-12-15; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13461

Prevost states that if the exemption is This action is consistent with two years unless rescinded earlier by
granted, it ‘‘will be able to install the previous Agency actions permitting the FMCSA. The exemption will be
LDW camera system in a location which placement of LDW systems on CMVs rescinded if: (1) Motor carriers operating
will offer the best opportunity to within the swept area of the windshield motorcoaches manufactured by Volvo/
optimize the data and evaluate the wipers. In November 2011, FMCSA Prevost fail to comply with the terms
benefits of such a system.’’ granted temporary exemptions to Con- and conditions of the exemption; (2) the
way, Takata, and Iteris enabling the exemption has resulted in a lower level
Comments
mounting of LDW system sensors not of safety than was maintained before it
FMCSA published a notice of the more than 2 inches below the upper was granted; or (3) continuation of the
application in the Federal Register on edge of the area swept by the exemption would not be consistent with
December 18, 2013, and asked for public windshield wipers and outside the the goals and objectives of 49 U.S.C.
comment (78 FR 76702). driver’s sight lines to the road and 31136(e) and 31315(b).
The Agency received one comment, highway signs and signals. The Agency Interested parties possessing
from Greyhound Lines, Inc. recently renewed these exemptions for a information that would demonstrate
(Greyhound). Greyhound stated that it second 2-year period, as FMCSA is not that motor carriers operating
‘‘has a substantial number of aware of any evidence showing that the motorcoaches manufactured by Volvo/
motorcoaches manufactured by Prevost installation of the devices has resulted Prevost are not achieving the requisite
in its fleet and has been an industry in any degradation in safety. Further, statutory level of safety should
leader in adding innovative safety while the original exemption granted immediately notify FMCSA. The
equipment to its motorcoaches.’’ relief to motor carriers using only the Agency will evaluate any such
Greyhound strongly supports the Takata and Iteris LDW systems, the information and, if safety is being
granting of the exemption, stating that it Agency determined that it was compromised or if the continuation of
‘‘believes that the lane departure appropriate to extend the scope of the the exemption is not consistent with 49
warning (LDW) system that Prevost exemption to motor carriers using any U.S.C. 31136(e) and 31315(b), will take
plans to install on its motorcoaches can LDW system, given that FMCSA is immediate steps to revoke the
be a useful tool for enhancing unaware of any reduction in the level of exemption.
motorcoach safety if properly installed,’’ safety associated with the use of those
and agreed with Volvo/Prevost’s systems. Preemption
assertion that ‘‘the camera must be However, the provisions of that During the period the exemption is in
installed in the wiper swept area of [the] exemption cannot apply to the Volvo/ effect, no State shall enforce any law or
windshield for the system to perform Prevost application, as the requested regulation that conflicts with or is
correctly because it must have a clear mounting location for the Volvo/Prevost inconsistent with this exemption with
forward facing view of the road.’’ LDW system is at the lower portion of respect to a person operating under the
Greyhound agreed that installation of the windshield, within the bottom 7 exemption.
the LDW camera within the bottom 7 inches of the wiper swept area, as
inches of the wiper swept area ‘‘will Issued on: March 2, 2015.
opposed to the mounting location
maximize its effectiveness as a safety T. F. Scott Darling, III,
permitted by the other exemption,
tool while not impeding the driver’s which is not more than 2 inches below Acting Administrator.
sight lines.’’ the upper edge of the area swept by the [FR Doc. 2015–05634 Filed 3–12–15; 8:45 am]

FMCSA Decision windshield wipers. Notwithstanding the BILLING CODE 4910–EX–P
different mounting location, and for the
The FMCSA has evaluated the Volvo/ reasons discussed above, FMCSA
Prevost exemption application. The believes that allowing the placement of DEPARTMENT OF TRANSPORTATION
Agency believes that granting the LDW systems in the lower portion of the
temporary exemption to allow the windshield, within the swept area of the Federal Highway Administration
placement of LDW systems lower in the wipers, will provide a level of safety
windshield than is currently permitted Notice of Final Federal Agency Actions
that is equivalent to, or greater than the on South Mountain Freeway (Loop
by the Agency’s regulations will provide level of safety achieved without the
a level of safety that is equivalent to, or 202), Interstate 10 (Papago Freeway) to
exemption. FMCSA continues to believe Interstate 10 (Maricopa Freeway) in
greater than, the level of safety achieved that the potential safety gains from the
without the exemption because (1) Phoenix, AZ
use of LDW systems to improve driver
based on the technical information performance will improve the overall AGENCY: Federal Highway
available, there is no indication that the level of safety to the motoring public. Administration (FHWA), Department of
LDW systems would obstruct drivers’ Transportation (DOT).
views of the roadway, highway signs Terms and Conditions for the
Exemption ACTION: Notice of Availability of the
and surrounding traffic; (2) generally, Record of Decision (ROD) for the South
buses have an elevated seating position The Agency hereby grants the Mountain Freeway project; and Notice
that greatly improves the forward visual exemption for a two-year period, of limitation on claims for judicial
field of the driver, and any impairment beginning March 13, 2015 and ending review of actions by FHWA and other
of available sight lines would be March 13, 2017. During the temporary Federal Agencies.
minimal; and (3) the location within the exemption period, motor carriers
mstockstill on DSK4VPTVN1PROD with NOTICES

bottom seven inches of the area swept operating motorcoaches manufactured SUMMARY: In accordance with the
by the windshield wiper and out of the by Volvo/Prevost must ensure that the National Environmental Policy Act
driver’s normal sightline will be LDW systems are mounted not more (NEPA) and FHWA procedures, this
reasonable and enforceable at roadside. than 7 inches above the lower edge of notice announces the availability of the
In addition, the Agency believes that the the area swept by the windshield ROD regarding the South Mountain
use of LDW systems by fleets is likely wipers, and outside the driver’s sight Freeway project in Phoenix, AZ. The
to improve the overall level of safety to lines to the road and highway signs and Arizona Division Administrator signed
the motoring public. signals. The exemption will be valid for the ROD on March 5, 2015.

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Document Created: 2015-12-18 11:41:51
Document Modified: 2015-12-18 11:41:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Availability of the Record of Decision (ROD) for the South Mountain Freeway project; and Notice of limitation on claims for judicial review of actions by FHWA and other Federal Agencies.
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 filed on or before August 10, 2015. 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.
Contact		Mr. Alan Hansen, Team Leader Planning, Environment, Air Quality, and Realty Team, Federal Highway Administration, 4000 N. Central Avenue, Suite 1500, Phoenix, Arizona 85012-3500; telephone: (602) 379-3646, fax: (602) 382-8998, email: [email protected] The FHWA Arizona Division Office's normal business hours are 7:30 a.m. to 4 p.m. (Mountain Standard Time).
FR Citation		80 FR 13461

80 FR 13461 - Notice of Final Federal Agency Actions on South Mountain Freeway (Loop 202), Interstate 10 (Papago Freeway) to Interstate 10 (Maricopa Freeway) in Phoenix, AZ

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration