81 FR 26618 - Notice of Final Federal Agency Actions on Transportation Project in Washington State

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 85 (May 3, 2016)

Page Range		26618-26619
FR Document		2016-10284

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the I-5 interchange with NW., 319th Street/La Center Road (La Center Interchange Improvements) Project in the State of Washington. The action by FHWA is the Record of Decision (ROD) that selects improvements to the I-5 La Center Interchange as traffic mitigation measures for construction of the Cowlitz Reservation Development. The Cowlitz Reservation Development was the subject of the Bureau of Indian Affairs (BIA) ROD of April 2013. Actions by other Federal agencies include issuing amendments to previously issued permits.

Federal Register, Volume 81 Issue 85 (Tuesday, May 3, 2016)

[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Notices]
[Pages 26618-26619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10284]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Transportation Project 
in Washington State

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

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to the I-5 interchange with NW., 319th 
Street/La Center Road (La Center Interchange Improvements) Project in 
the State of Washington. The action by FHWA is the Record of Decision 
(ROD) that selects improvements to the I-5 La Center Interchange as 
traffic mitigation measures for construction of the Cowlitz Reservation 
Development. The Cowlitz Reservation Development was the subject of the 
Bureau of Indian Affairs (BIA) ROD of April 2013. Actions by other 
Federal agencies include issuing amendments to previously issued 
permits.

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 listed highway project will be 
barred unless the claim is filed on or before September 30, 2016. 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, contact Liana Liu, Area 
Engineer, North Central and South Central Region, Federal Highway 
Administration, 711 South Capital Way, Suite 501, Olympia, WA 98501-
0943, telephone at 360-753-9553, or via email at [email protected]. 
Regular office hours are from 8:00 a.m. to 4:30 p.m., p.t., Monday 
through Friday, except Federal holidays. For Washington State 
Department of Transportation (WSDOT),

[[Page 26619]]

contact Barb Aberle, Environmental Manager, Southwest Region, 
Washington State Department of Transportation, 11018 NE 51st Circle, 
Vancouver, WA 98682, telephone at 360-905-2186, or via email at 
[email protected]. Regular office hours are from 8:00 a.m. to 4:30 
p.m., p.t., Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions related to the 
I-5 Interchange with NW., 319th Street/La Center Road (La Center 
Interchange Improvements) Project in the State of Washington. The BIA 
prepared a Draft Environmental Impact Statement (EIS), released on 
April 12, 2008, and Final EIS (FEIS) on May 30, 2008, for proposed 
improvements to the I-5 NW., 319th Street/La Center Road Interchange. 
The BIA issued an ROD for the project on December 17, 2010, which 
approved the Cowlitz Reservation Development and adopted mitigation 
measures recommended within the 2008 FEIS, including the La Center 
Interchange Improvements. After a challenge in United States District 
Court, the BIA conducted an evaluation of adequacy of the FEIS and 
issued a new ROD in April 2013.
    Implementation of the La Center Interchange Improvements is subject 
to discretionary approvals from FHWA and WSDOT. An FHWA National 
Environmental Policy Act (NEPA) Reevaluation was prepared in May 2015, 
to identify and document changed environmental conditions and effects 
associated with the La Center Interchange Improvements. The FHWA issued 
an ROD which approved the La Center Interchange Improvements and 
adopted mitigation measures recommended in the 2008 FEIS and May 2015 
Reevaluation on July 29, 2015.Since issuance of the FHWA ROD, the 
design of stormwater facilities has been modified, consistent with 
applicable management guidelines, and the previously proposed 
realignment of NW., Paradise Park Road has been refined. An 
Environmental Reevaluation Report was prepared in February 2106, to 
identify and document potential effects associated with changes to the 
La Center Interchange Improvements.
    This notice applies to all Federal agency decisions on the project 
as of the issuance date of this notice and all laws under which such 
actions were taken, including but not limited to:

    1. General: NEPA (42 U.S.C. 4321-4351); Federal-Aid Highway Act 
(23 U.S.C. 109).
    2. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544); Fish 
and Wildlife Coordination Act (16 U.S.C. 661-667(d)); Migratory Bird 
Treaty Act (16 U.S.C. 703-712).
    3. Air: Clean Air Act (42 U.S.C. 7401-7671(q)).
    4. Land: Section 4(f) of the Department of Transportation Act of 
1966 (49 U.S.C. 303); Landscaping and Scenic Enhancement 
(Wildflowers) (23 U.S.C. 319).
    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. 
470aa-aaa11); Native American Grave Protection and Repatriation Act 
(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 (7 U.S.C. 4201-4209).
    7. Wetlands and Water Resources: Clean Water Act (33 U.S.C. 
1251-1377); Land and Water Conservation Fund (16 U.S.C. 4601-4604); 
Safe Drinking Water Act (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. Executive Orders (EO): EO 11990, Protection of Wetlands; EO 
11988, Floodplain Management; EO 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; EO 11593, Protection and Enhancement of Cultural 
Resources; EO 13007, Indian Sacred Sites; EO 13287, Preserve 
America; EO 13175, Consultation and Coordination with Indian Tribal 
Governments; EO 11514, Protection and Enhancement of Environmental 
Quality; EO 13112, Invasive Species.

(Catalog of Federal Domestic Assistance Program No. 20.205, Highway 
Research, Planning and Construction. The regulations implementing EO 
12372 regarding intergovernmental consultation on Federal programs 
and activities apply to this program.)


    Authority:  23 U.S.C. 139(l)(1), as amended by Moving Ahead for 
Progress in the 21st Century Act, (PL 112-141, 126 Stat. 405).

    Issued on: April 25, 2016.
Daniel M. Mathis,
FHWA Division Administrator, Olympia, WA.
[FR Doc. 2016-10284 Filed 5-2-16; 8:45 am]
 BILLING CODE 4910-RY-P

26618 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices

the number of TPM related surveys to 4 burden hours for all respondents is Authority: The Paperwork Reduction Act
over a number of years: estimated to be 19,500 burden hours of 1995; 44 U.S.C. chapter 35, as amended;
(975 respondents × 20 burden hours) per and 49 CFR 1.48.
• National TPM Implementation
Review Survey (Baseline): 2016 year with survey/questionnaire requests. Issued on: April 27, 2016.
• State-of-the-Practice Questionnaires: Professional Staff Time during a Michael Howell,
2018 Survey Year: Information Collection Officer.
• National TPM Implementation • 20 hours/respondent × 975 [FR Doc. 2016–10296 Filed 5–2–16; 8:45 am]
Review Survey (Follow-up): 2020 respondents × 1 questionnaire during a BILLING CODE 4910–22–P
• State-of-the-Practice Questionnaires: survey year = 19,500 hours.
2022 Clerical Staff Time during a Survey
After each survey or questionnaire, Year: DEPARTMENT OF TRANSPORTATION
FHWA and its stakeholders will explore • 2 hours/respondent × 975
how to better align the information respondents × 1 questionnaire during a Federal Highway Administration
collection requests with yet-to-be survey year = 1,950 hours.
The aggregated associated salary cost Notice of Final Federal Agency Actions
determined performance management
to all respondents (975) during a survey on Transportation Project in
reporting processes. The information
year is estimated to be $1,032,213 based Washington State
will be collected from State,
metropolitan, regional, local, and/or on an average salary of $38 per hour AGENCY: Federal Highway
tribal transportation agencies via (approximately $79,000 per year) for Administration (FHWA), Department of
internet-based questionnaires or web professional staff and $18 per hour Transportation (DOT).
applications and will be used to help (approximately $37,000 per year) for ACTION: Notice of Limitation on Claims
FHWA and its partner organizations do clerical staff. Disaggregated, the total for Judicial Review of Actions by FHWA
the following: average annual cost per respondent and Other Federal Agencies.
• Strategically plan to meet ever during a survey year is estimated to be
growing demand for TPM technical $1,058.68. The burden hours and costs SUMMARY: This notice announces actions
assistance needs; are illustrated below. taken by the FHWA and other Federal
• Develop and refine TPM policy and Professional Staff Cost during a agencies that are final within the
guidance based on stakeholder Survey Year: meaning of 23 U.S.C. 139(l)(1). The
feedback; • All respondents: 19,500 hours × $38 actions relate to the I–5 interchange
• Channel resources to meet capacity per hour = $741,000. with NW., 319th Street/La Center Road
development and training needs; and Æ Per respondent: (20 × $38 = $760). (La Center Interchange Improvements)
• Identify and prioritize TPM Project in the State of Washington. The
Clerical Staff Cost during a Survey
research needs. action by FHWA is the Record of
Year:
Lastly, as part of FHWA’s ongoing Decision (ROD) that selects
technical assistance efforts, a TPM • All respondents: 1,950 hours × $18
per hour = $35,100. improvements to the I–5 La Center
Toolbox is being created to help Interchange as traffic mitigation
FHWA’s partners self-assess and Æ Per respondent (2 hours × $18 per
hour = $36). measures for construction of the Cowlitz
benchmark their TPM implementation Reservation Development. The Cowlitz
progress, capabilities, and gaps. The Total Annual Cost during a Survey
Year: Reservation Development was the
TPM Toolbox will also help FHWA subject of the Bureau of Indian Affairs
streamline the integration and • Subtotal Direct Salaries
(Professional + Clerical) $776,100. (BIA) ROD of April 2013. Actions by
administration of all the efforts other Federal agencies include issuing
described above. To maximize the • Overhead/fringe benefits at 33%:
$256,113. amendments to previously issued
effectiveness and efficiency of the TPM permits.
Toolbox, FHWA will collect business • Total annual respondents cost
during survey year: $1,032,213. DATES: By this notice, FHWA is advising
contact and organizational demographic
(size of organization, location, etc.) Æ Total average annual cost per the public of final Agency actions
information along with the responses respondent during survey year: subject to 23 U.S.C. 139(l)(1). A claim
submitted as part of the TPM Toolbox’s $1,058.68. seeking judicial review of the Federal
self-assessment applications. Public Comments Invited: You are agency actions on the listed highway
Respondents: The 975 respondents asked to comment on any aspect of this project will be barred unless the claim
estimate is based on soliciting input information collection, including: (1) is filed on or before September 30, 2016.
from 52 STA, 409 MPOS, and a Whether the proposed collection of If the Federal law that authorizes
sampling of other State and local information is necessary for the U.S. judicial review of a claim provides a
transportation entities. In most cases, DOT’s performance, including whether time period of less than 150 days for
only STAs and MPOs will be surveyed. the information will have practical filing such claim, then that shorter time
Frequency: Agencies will be solicited utility; (2) the accuracy of the U.S. period still applies.
to provide information via a survey 1 DOT’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: For
time every two years. Additionally, proposed information collection; (3) FHWA, contact Liana Liu, Area
transportation agencies may submit ways to enhance the quality, usefulness, Engineer, North Central and South
and clarity of the collected information; Central Region, Federal Highway
asabaliauskas on DSK3SPTVN1PROD with NOTICES

information more frequently by using
the TPM Toolbox’s self-assessment tool. and (4) ways that the burden could be Administration, 711 South Capital Way,
Estimated Average Burden per minimized, including the use of Suite 501, Olympia, WA 98501–0943,
Response: The estimated average annual electronic technology, without reducing telephone at 360–753–9553, or via email
burden hours is up to 20 hours per the quality of the collected information. at Liana.Liu@dot.gov. Regular office
response during a year with a survey/ The agency will summarize and/or hours are from 8:00 a.m. to 4:30 p.m.,
questionnaire request. include your comments in the request p.t., Monday through Friday, except
Estimated Total Annual Burden for OMB’s clearance of this information Federal holidays. For Washington State
Hours: The estimated total annual collection. Department of Transportation (WSDOT),

VerDate Sep<11>2014 18:53 May 02, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1

Document Created: 2016-05-03 00:30:28
Document Modified: 2016-05-03 00:30:28

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 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 listed highway project will be barred unless the claim is filed on or before September 30, 2016. 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		For FHWA, contact Liana Liu, Area Engineer, North Central and South Central Region, Federal Highway Administration, 711 South Capital Way, Suite 501, Olympia, WA 98501- 0943, telephone at 360-753-9553, or via email at [email protected] Regular office hours are from 8:00 a.m. to 4:30 p.m., p.t., Monday through Friday, except Federal holidays. For Washington State Department of Transportation (WSDOT), contact Barb Aberle, Environmental Manager, Southwest Region, Washington State Department of Transportation, 11018 NE 51st Circle, Vancouver, WA 98682, telephone at 360-905-2186, or via email at [email protected] Regular office hours are from 8:00 a.m. to 4:30 p.m., p.t., Monday through Friday.
FR Citation		81 FR 26618

81 FR 26618 - Notice of Final Federal Agency Actions on Transportation Project in Washington State

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 81, Issue 85 (May 3, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration