80_FR_32055 80 FR 31948 - Notice of Final Federal Agency Actions on Proposed Highway in California

80 FR 31948 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range31948-31949
FR Document2015-13625

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, San Diego Freeway (I-405) Improvement Project from State Route (SR) 73 to Interstate 605 (I-605). Work is proposed as follows:

Federal Register, Volume 80 Issue 107 (Thursday, June 4, 2015)
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31948-31949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13625]


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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), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327, and the U.S. Army Corps of Engineers (USACOE).

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans that are final within the meaning of 
23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, 
San Diego Freeway (I-405) Improvement Project from State Route (SR) 73 
to Interstate 605 (I-605). Work is proposed as follows:

--From Post Mile (PM) 9.3 to Post Mile 24.2 in Orange County and Post 
Mile 0.0 to Post Mile 1.2; 12-ORA-22 p.m. R0.7/R3.8/12-ORA-22 p.m. 
R0.5/R0.7; 12-ORA-73 p.m. R27.2/R27.8/12-ORA-605 p.m. 3.5/R1.6; 07-LA-
605 p.m. R0.0/R1.2 in the Counties of Orange and Los Angeles, State of 
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(I)(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 November 
2, 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: Smita Deshpande, Branch Chief, 
California Department of Transportation District 12, Division of 
Environmental Analysis, 3347 Michelson Drive, Suite 100, Irvine, 
California 92612, during normal business hours from 8:00 a.m. to 5:00 
p.m., Telephone number (949) 724-2800, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration (FHWA) assigned, and the California Department of 
Transportation (Caltrans) assumed environmental responsibilities for 
this project pursuant to 23 U.S.C. 327. Notice is hereby given that 
Caltrans has taken final agency actions subject to 23 U.S.C. 139(I)(1) 
by issuing licenses, permits, and approvals for the I-405 Improvement 
Project in the State of California. The project's Selected Alternative 
includes the addition of one GP lane in each direction on I-405 from 
Euclid Street to the I-605 interchange, plus the addition of a tolled 
Express Lane in each direction of I-405 from SR-73 to SR-22 East. The 
tolled Express Lane and the existing HOV lanes would be managed jointly 
as a tolled Express Facility with two lanes in each direction from SR-
73 to I-605. Access to the SR-73 Express Lane Facility would be via 
construction of the new direct connector to SR-73 south of the I-405 
junction. Auxiliary lanes would be added at various locations. The 
project may be implemented in phases and/or segments and procured under 
one or more contracts, including the option of using design/bid/build, 
design-build or public/private contract authority. The project is 
planned to be constructed in 54 months. The project is intended to 
reduce congestion, enhance operations, increase mobility, improve trip 
reliability, maximize throughput, optimize operations, and minimize 
environmental impacts and ROW acquisition. It will more effectively 
serve existing and future travel demand within Orange County and 
between Orange and Los Angeles Counties. The

[[Page 31949]]

project will provide improvements along the I-405 corridor as well as 
to related local roads, and to reduce diversion of regional traffic 
from the freeways into the surrounding communities.
    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 March 26, 2015, in the 
Record of Decision (ROD) issued on May 15, 2015, and in other documents 
in the FHWA project records. The FEIS, ROD, and other project records 
are available by contacting Caltrans at the address provided above. The 
FEIS and ROD can be viewed and downloaded from the project Web site at 
http://www.dot.ca.gov/dist12/405/index.htm. The section 404 Nationwide 
Permit Status is available by contacting California Department of 
Transportation District 12 at the address 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. General: National Environmental Policy Act (NEPA) (42 U.S.C. 4321-
4351)
2. Air: Clean Air Act (42 U.S.C. 7401-7671(q))
3. Wildlife: Migratory Bird Treaty Act (16 U.S.C. 703-712); Federal 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543)
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. Wetland and Water Resources: Clean Water Act (33 U.S.C. 1251-1377) 
(section 404, section 401, section 319);
6. Land: Department of Transportation Act of 1966, (49 U.S.C. 303) 
(section 4(f))
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 and Low Income Populations; E.O. 
11593--Protection and Enhancement of Cultural Resources; 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)

Jack Lord,
Planning and Air Quality Team Leader, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2015-13625 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-RY-P



                                                    31948                          Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices

                                                       4. Draft and submit the                              solutions do not conflict with the                     Those actions grant licenses, permits,
                                                    recommendation report based on the                      position of those you represent. Once                  and approvals for the project.
                                                    review and analysis of the assigned                     the working group has begun                            DATES: By this notice, the FHWA, on
                                                    tasks.                                                  deliberations, members will not be                     behalf of Caltrans, is advising the public
                                                       5. Present the recommendation report                 added or substituted without the                       of final agency actions subject to 23
                                                    at the Transport Airplane and Engine                    approval of the ARAC Chair, the FAA,                   U.S.C. 139(I)(1). A claim seeking
                                                    Subcommittee meeting.                                   including the Designated Federal                       judicial review of the Federal agency
                                                    Participation in the Working Group                      Officer, and the Working Group Chair.                  actions on the highway project will be
                                                                                                              The Secretary of Transportation                      barred unless the claim is filed on or
                                                       The Transport Airplane                               determined the formation and use of the                before November 2, 2015. If the Federal
                                                    Crashworthiness and Ditching Working                    ARAC is necessary and in the public                    law that authorizes judicial review of a
                                                    Group will be comprised of technical                    interest in connection with the                        claim provides a time period of less
                                                    experts having an interest in the                       performance of duties imposed on the                   than 150 days for filing such claim, then
                                                    assigned task. A working group member                                                                          that shorter time period still applies.
                                                                                                            FAA by law.
                                                    need not be a member representative of
                                                                                                              ARAC meetings are open to the                        FOR FURTHER INFORMATION CONTACT:
                                                    the ARAC. The FAA would like a wide
                                                                                                            public. However, meetings of the                       Smita Deshpande, Branch Chief,
                                                    range of members to ensure all aspects
                                                                                                            Transport Airplane Crashworthiness                     California Department of Transportation
                                                    of the tasks are considered in
                                                                                                            and Ditching Working Group are not                     District 12, Division of Environmental
                                                    development of the recommendations.
                                                                                                            open to the public, except to the extent               Analysis, 3347 Michelson Drive, Suite
                                                    The provisions of the August 13, 2014
                                                                                                            individuals with an interest and                       100, Irvine, California 92612, during
                                                    Office of Management and Budget
                                                                                                            expertise are selected to participate. The             normal business hours from 8:00 a.m. to
                                                    guidance, ‘‘Revised Guidance on
                                                                                                            FAA will make no public                                5:00 p.m., Telephone number (949) 724–
                                                    Appointment of Lobbyists to Federal
                                                                                                            announcement of working group                          2800, email: smita.deshpande@
                                                    Advisory Committees, Boards, and
                                                                                                            meetings.                                              dot.ca.gov.
                                                    Commissions’’ (79 FR 47482), continues
                                                    the ban on registered lobbyists                           Issued in Washington, DC, on May 28,                 SUPPLEMENTARY INFORMATION: Effective
                                                    participating on Agency Boards and                      2015.                                                  July 1, 2007, the Federal Highway
                                                    Commissions if participating in their                   Brenda D. Courtney,                                    Administration (FHWA) assigned, and
                                                    ‘‘individual capacity.’’ The revised                    Acting Designated Federal Officer, Aviation            the California Department of
                                                    guidance now allows registered                          Rulemaking Advisory Committee.                         Transportation (Caltrans) assumed
                                                    lobbyists to participate on Agency                      [FR Doc. 2015–13542 Filed 6–3–15; 8:45 am]             environmental responsibilities for this
                                                    Boards and Commissions in a                             BILLING CODE 4910–13–P
                                                                                                                                                                   project pursuant to 23 U.S.C. 327.
                                                    ‘‘representative capacity’’ for the                                                                            Notice is hereby given that Caltrans has
                                                    ‘‘express purpose of providing a                                                                               taken final agency actions subject to 23
                                                    committee with the views of a                           DEPARTMENT OF TRANSPORTATION                           U.S.C. 139(I)(1) by issuing licenses,
                                                    nongovernmental entity, a recognizable                                                                         permits, and approvals for the I–405
                                                    group of persons or nongovernmental                     Federal Highway Administration                         Improvement Project in the State of
                                                    entities (an industry, sector, labor                                                                           California. The project’s Selected
                                                    unions, or environmental groups, etc.)                  Notice of Final Federal Agency Actions                 Alternative includes the addition of one
                                                    or state or local government.’’ (For                    on Proposed Highway in California                      GP lane in each direction on I–405 from
                                                    further information see Lobbying                                                                               Euclid Street to the I–605 interchange,
                                                                                                            AGENCY:  Federal Highway                               plus the addition of a tolled Express
                                                    Disclosure Act of 1995 (LDA) as                         Administration (FHWA), DOT.
                                                    amended, 2 U.S.C. 1603, 1604, and                                                                              Lane in each direction of I–405 from
                                                    1605.)                                                  ACTION: Notice of Limitation on Claims                 SR–73 to SR–22 East. The tolled Express
                                                       If you wish to become a member of                    for Judicial Review of Actions by the                  Lane and the existing HOV lanes would
                                                    the Transport Airplane Crashworthiness                  California Department of Transportation                be managed jointly as a tolled Express
                                                    and Ditching Working Group, write the                   (Caltrans), pursuant to 23 U.S.C. 327,                 Facility with two lanes in each direction
                                                    person listed under the caption FOR                     and the U.S. Army Corps of Engineers                   from SR–73 to I–605. Access to the SR–
                                                    FURTHER INFORMATION CONTACT                             (USACOE).                                              73 Express Lane Facility would be via
                                                    expressing that desire. Describe your                                                                          construction of the new direct connector
                                                    interest in the task and state the                      SUMMARY:   The FHWA, on behalf of                      to SR–73 south of the I–405 junction.
                                                    expertise you would bring to the                        Caltrans, is issuing this notice to                    Auxiliary lanes would be added at
                                                    working group. The FAA must receive                     announce actions taken by Caltrans that                various locations. The project may be
                                                    all requests by July 6, 2015. The ARAC                  are final within the meaning of 23                     implemented in phases and/or segments
                                                    and the FAA will review the requests                    U.S.C. 139(l)(1). The actions relate to a              and procured under one or more
                                                    and advise you whether or not your                      proposed highway project, San Diego                    contracts, including the option of using
                                                    request is approved.                                    Freeway (I–405) Improvement Project                    design/bid/build, design-build or
                                                       If you are chosen for membership on                  from State Route (SR) 73 to Interstate                 public/private contract authority. The
                                                    the working group, you must actively                    605 (I–605). Work is proposed as                       project is planned to be constructed in
                                                    participate in the working group by                     follows:                                               54 months. The project is intended to
                                                    attending all meetings, and providing                   —From Post Mile (PM) 9.3 to Post Mile                  reduce congestion, enhance operations,
wreier-aviles on DSK5TPTVN1PROD with NOTICES




                                                    written comments when requested to do                     24.2 in Orange County and Post Mile                  increase mobility, improve trip
                                                    so. You must devote the resources                         0.0 to Post Mile 1.2; 12–ORA–22 p.m.                 reliability, maximize throughput,
                                                    necessary to support the working group                    R0.7/R3.8/12–ORA–22 p.m. R0.5/                       optimize operations, and minimize
                                                    in meeting any assigned deadlines. You                    R0.7; 12–ORA–73 p.m. R27.2/R27.8/                    environmental impacts and ROW
                                                    must keep your management chain and                       12–ORA–605 p.m. 3.5/R1.6; 07–LA–                     acquisition. It will more effectively
                                                    those you may represent advised of                        605 p.m. R0.0/R1.2 in the Counties of                serve existing and future travel demand
                                                    working group activities and decisions                    Orange and Los Angeles, State of                     within Orange County and between
                                                    to ensure the proposed technical                          California.                                          Orange and Los Angeles Counties. The


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                                                                                   Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices                                             31949

                                                    project will provide improvements                         Authority: 23 U.S.C. 139(l)(1)                       Room W12–140 on the ground level of
                                                    along the I–405 corridor as well as to                  Jack Lord,
                                                                                                                                                                   the West Building, 1200 New Jersey
                                                    related local roads, and to reduce                                                                             Avenue SE., Washington, DC, between 9
                                                                                                            Planning and Air Quality Team Leader,
                                                    diversion of regional traffic from the                  Federal Highway Administration,
                                                                                                                                                                   a.m. and 5 p.m., Monday through
                                                    freeways into the surrounding                           Sacramento, California.                                Friday, except Federal holidays. The
                                                    communities.                                            [FR Doc. 2015–13625 Filed 6–3–15; 8:45 am]
                                                                                                                                                                   Federal Docket Management System
                                                       The actions by the Federal agencies,                                                                        (FDMS) is available 24 hours each day,
                                                                                                            BILLING CODE 4910–RY–P
                                                    and the laws under which such actions                                                                          365 days each year. If you want
                                                    were taken, are described in the Final                                                                         acknowledgment that we received your
                                                    Environmental Impact Statement (FEIS)                   DEPARTMENT OF TRANSPORTATION                           comments, please include a self-
                                                    for the project, approved on March 26,                                                                         addressed, stamped envelope or
                                                    2015, in the Record of Decision (ROD)                   Federal Motor Carrier Safety                           postcard or print the acknowledgement
                                                    issued on May 15, 2015, and in other                    Administration                                         page that appears after submitting
                                                    documents in the FHWA project                                                                                  comments on-line.
                                                                                                            [Docket No. FMCSA–2015–0060]                              Privacy Act: In accordance with 5
                                                    records. The FEIS, ROD, and other
                                                    project records are available by                                                                               U.S.C. 553(c), DOT solicits comments
                                                                                                            Qualification of Drivers; Exemption
                                                    contacting Caltrans at the address                                                                             from the public to better inform its
                                                                                                            Applications; Diabetes Mellitus
                                                    provided above. The FEIS and ROD can                                                                           rulemaking process. DOT posts these
                                                    be viewed and downloaded from the                       AGENCY: Federal Motor Carrier Safety                   comments, without edit, including any
                                                    project Web site at http://                             Administration (FMCSA), DOT.                           personal information the commenter
                                                    www.dot.ca.gov/dist12/405/index.htm.                    ACTION: Notice of applications for                     provides, to www.regulations.gov, as
                                                    The section 404 Nationwide Permit                       exemptions request for comments.                       described in the system of records
                                                    Status is available by contacting                                                                              notice (DOT/ALL–14 FDMS), which can
                                                    California Department of Transportation                 SUMMARY:   FMCSA announces receipt of                  be reviewed at www.dot.gov/privacy.
                                                    District 12 at the address provided                     applications from 49 individuals for                   FOR FURTHER INFORMATION CONTACT:
                                                    above. This notice applies to all Federal               exemption from the prohibition against                 Charles A. Horan, III, Director, Carrier,
                                                    agency decisions as of the issuance date                persons with insulin-treated diabetes                  Driver and Vehicle Safety Standards,
                                                    of this notice and all laws under which                 mellitus (ITDM) operating commercial                   (202) 366–4001, fmcsamedical@dot.gov,
                                                    such actions were taken, including but                  motor vehicles (CMVs) in interstate                    FMCSA, Department of Transportation,
                                                    not limited to:                                         commerce. If granted, the exemptions                   1200 New Jersey Avenue SE., Room
                                                                                                            would enable these individuals with                    W64–224, Washington, DC 20590–0001.
                                                    1. General: National Environmental                      ITDM to operate CMVs in interstate
                                                         Policy Act (NEPA) (42 U.S.C. 4321–                                                                        Office hours are from 8:30 a.m. to 5
                                                                                                            commerce.                                              p.m., Monday through Friday, except
                                                         4351)
                                                                                                            DATES:  Comments must be received on                   Federal holidays.
                                                    2. Air: Clean Air Act (42 U.S.C. 7401–
                                                                                                            or before July 6, 2015.                                SUPPLEMENTARY INFORMATION:
                                                         7671(q))
                                                                                                            ADDRESSES: You may submit comments                     I. Background
                                                    3. Wildlife: Migratory Bird Treaty Act
                                                         (16 U.S.C. 703–712); Federal                       bearing the Federal Docket Management
                                                                                                            System (FDMS) Docket No. FMCSA–                           Under 49 U.S.C. 31136(e) and 31315,
                                                         Endangered Species Act of 1973 (16                                                                        FMCSA may grant an exemption from
                                                         U.S.C. 1531–1543)                                  2015–0060 using any of the following
                                                                                                            methods:                                               the Federal Motor Carrier Safety
                                                    4. Historic and Cultural Resources:                       • Federal eRulemaking Portal: Go to                  Regulations for a 2-year period if it finds
                                                         Section 106 of the National Historic               http://www.regulations.gov. Follow the                 ‘‘such exemption would likely achieve a
                                                         Preservation Act of 1966, as                       on-line instructions for submitting                    level of safety that is equivalent to or
                                                         amended (16 U.S.C. 470(f) et seq.);                comments.                                              greater than the level that would be
                                                    5. Wetland and Water Resources: Clean                     • Mail: Docket Management Facility;                  achieved absent such exemption.’’ The
                                                         Water Act (33 U.S.C. 1251–1377)                    U.S. Department of Transportation, 1200                statute also allows the Agency to renew
                                                         (section 404, section 401, section                 New Jersey Avenue SE., West Building                   exemptions at the end of the 2-year
                                                         319);                                              Ground Floor, Room W12–140,                            period. The 49 individuals listed in this
                                                    6. Land: Department of Transportation                   Washington, DC 20590–0001.                             notice have recently requested such an
                                                         Act of 1966, (49 U.S.C. 303) (section                • Delivery: West Building Ground                     exemption from the diabetes prohibition
                                                         4(f))                                              Floor, Room W12–140, 1200 New Jersey                   in 49 CFR 391.41(b)(3), which applies to
                                                                                                            Avenue SE., Washington, DC, between 9                  drivers of CMVs in interstate commerce.
                                                    7. Executive Orders: E.O. 11990-                                                                               Accordingly, the Agency will evaluate
                                                         Protection of Wetlands; E.O.                       a.m. and 5 p.m., Monday through
                                                                                                            Friday, except Federal Holidays.                       the qualifications of each applicant to
                                                         11988—Floodplain Management;                                                                              determine whether granting the
                                                         E.O. 12898—Federal Actions to                        • Fax: 1–202–493–2251.
                                                                                                              Instructions: Each submission must                   exemption will achieve the required
                                                         Address Environmental Justice in                                                                          level of safety mandated by statute.
                                                         Minority and Low Income                            include the Agency name and the
                                                         Populations; E.O. 11593—                           docket numbers for this notice. Note                   II. Qualifications of Applicants
                                                         Protection and Enhancement of                      that all comments received will be
                                                                                                            posted without change to http://                       Craig S. Barton
                                                         Cultural Resources; E.O. 13112—
wreier-aviles on DSK5TPTVN1PROD with NOTICES




                                                         Invasive Species.                                  www.regulations.gov, including any                       Mr. Barton, 47, has had ITDM since
                                                                                                            personal information provided. Please                  2009. His endocrinologist examined him
                                                    (Catalog of Federal Domestic Assistance                                                                        in 2014 and certified that he has had no
                                                                                                            see the Privacy Act heading below for
                                                    Program Number 20.205, Highway Planning
                                                    and Construction. The regulations                       further information.                                   severe hypoglycemic reactions resulting
                                                    implementing Executive Order 12372                        Docket: For access to the docket to                  in loss of consciousness, requiring the
                                                    regarding intergovernmental consultation on             read background documents or                           assistance of another person, or
                                                    Federal programs and activities apply to this           comments, go to http://                                resulting in impaired cognitive function
                                                    program.)                                               www.regulations.gov at any time or                     that occurred without warning in the


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Document Created: 2015-12-15 15:23:41
Document Modified: 2015-12-15 15:23:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327, and the U.S. Army Corps of Engineers (USACOE).
DatesBy this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(I)(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 November 2, 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.
ContactSmita Deshpande, Branch Chief, California Department of Transportation District 12, Division of Environmental Analysis, 3347 Michelson Drive, Suite 100, Irvine, California 92612, during normal business hours from 8:00 a.m. to 5:00 p.m., Telephone number (949) 724-2800, email: [email protected]
FR Citation80 FR 31948 

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