81_FR_3871 81 FR 3857 - Notice of Final Federal Agency Actions on Proposed Highway in Utah

81 FR 3857 - Notice of Final Federal Agency Actions on Proposed Highway in Utah

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 14 (January 22, 2016)

Page Range3857-3858
FR Document2016-00956

This notice announces actions taken by the FWHA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed 1800 North (SR-37) 2000 West to I-15, Davis County improvements in the State of Utah. These actions grant approvals for the project.

Federal Register, Volume 81 Issue 14 (Friday, January 22, 2016)
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3857-3858]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00956]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Utah

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

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

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SUMMARY: This notice announces actions taken by the FWHA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the 
proposed 1800 North (SR-37) 2000 West to I-15, Davis County 
improvements in the State of Utah. These actions grant approvals for 
the project.

DATES: By this notice, the 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 FHWA actions on the highway project will be barred unless the 
claim is filed on or before June 20, 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: Mr. Paul Ziman, Area Engineer, Region 
1, FHWA Utah Division, 2520 West 4700 South, Suite 9A, Salt Lake City, 
Utah 84129; telephone at 801-955-3525, or via email at 
[email protected]. The FHWA Utah Division Office's normal business 
hours are Monday through Friday, 7:30 a.m. to 4:30 p.m., m.t.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the 1800 North (SR-37) 2000 West 
to I-15 project in the State of Utah. The 1800 North (SR-37) 2000 West 
to I-15 project proposes to provide transportation improvements on 1800 
North (SR-37) between 2000 West and Interstate 15 (I-15) in Davis 
County, Utah, within the cities of Clinton and Sunset. The project 
consists of the following improvements: Widen 1800 North between Main 
Street and 2000 West to a five-lane cross-section (two travel lanes in 
each direction with a two-way left-turn lane) with additional lanes to 
accommodate turning movements as 1800 approaches Main Street and 2000 
West; construct a grade-separated railroad crossing on 1800 North that 
would take 1800 North over the Union Pacific Railroad and Utah Transit 
Authority tracks; and construct a new interchange on I-15 at 1800 North 
that would provide flyover ramps to the east side of I-15. The 
directional flyover ramps would be shifted to the south to avoid the 
Army Rail Shop (a Section 4(f) property). The actions by the FHWA and 
the laws under which such actions were taken are described in the 
Environmental Impact Statement and Section 4(f) Evaluation issued on 
December 21, 2015.
    This notice applies to all FHWA decisions as of the issuance date 
of this notice and all laws under which such actions were taken. Laws 
generally applicable to such actions include but are not limited to:
    1. General: National Environmental Policy Act (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 and 1536); 
Fish and Wildlife Coordination Act (16 U.S.C. 661-667(d)); Migratory 
Bird Treaty Act (16 U.S.C. 703-712).
    3. Cultural Resources: Section 106 of the National Historic 
Preservation Act of 1966, as amended (16 U.S.C. 470(f) et seq.); 
Archaeological and Historic Preservation Act (16 U.S.C. 469-469(c)); 
Archaeological Resources Protection Act of 1977 (16 U.S.C. 470(aa)-11).
    4. Wetlands and Water Resources: Clean Water Act (Sections 319, 
401, and 404) (33 U.S.C. 1251-1387); Land and Water Conservation Fund 
(16 U.S.C. 4601-4604); Safe Drinking Water Act (42 U.S.C. 300f through 
300j-26); 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. 3901, 3921); Wetlands Mitigation (23 U.S.C. 119(g) and 
133(b)(14)); Flood Disaster Protection Act (42 U.S.C. 4012a, 4106).
    5. Section 4(f) Land: Department of Transportation Act of 1966 (49 
U.S.C. 303; 23 U.S.C. 138).
    6. Noise: Federal-Aid Highway Act of 1970 (Pub. L. 91-605, 84 Stat. 
1713); 23 U.S.C. 109(h) and (i); 42 U.S.C. 4441, 4332; sec. 339(b), 
Public Law 104-59, 109 Stat. 568, 605; 23 CFR part 772 (Procedures for 
Abatement of Highway Traffic Noise and Construction Noise); 49 CFR 
1.48(b).
    7. Executive Orders: E.O. 11593 Protection and Enhancement of 
Cultural Resources; E.O. 13287 Preserve America.

(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).


[[Page 3858]]


    Issued on: January 12, 2016.
Brigitte Mandel,
Acting Division Administrator, Federal Highway Administration, Salt 
Lake City, Utah.
[FR Doc. 2016-00956 Filed 1-21-16; 8:45 am]
 BILLING CODE 4910-RY-P



                                                                                 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices                                   3857

                                                     The agenda items to be considered                    DEPARTMENT OF TRANSPORTATION               east side of I–15. The directional flyover
                                                  include:                                                                                           ramps would be shifted to the south to
                                                  —Safety objectives and functional                       Federal Highway Administration             avoid the Army Rail Shop (a Section 4(f)
                                                     requirement of the Guidelines on                                                                property). The actions by the FHWA
                                                                                                          Notice of Final Federal Agency Actions and the laws under which such actions
                                                     alternative design and arrangements                  on Proposed Highway in Utah
                                                     for SOLAS chapters II–1 and III                                                                 were taken are described in the
                                                  —Making the provisions of MSC.1/                        AGENCY: Federal Highway                    Environmental Impact Statement and
                                                     Circ.1206/Rev.1 mandatory                            Administration (FHWA), Department of Section 4(f) Evaluation issued on
                                                                                                          Transportation (DOT).                      December 21, 2015.
                                                  —Review of the MODU Code, LSA Code
                                                                                                          ACTION: Notice of limitation of claims for   This notice applies to all FHWA
                                                     and MSC.1/Circ.1206/Rev.1
                                                  —Development of life safety                             judicial review of actions by FHWA and decisions as of the issuance date of this
                                                                                                          other federal agencies.                    notice and all laws under which such
                                                     performance criteria for alternative                                                            actions were taken. Laws generally
                                                     design and arrangements for fire                     SUMMARY: This notice announces actions applicable to such actions include but
                                                     safety (MSC/Circ.1002)                               taken by the FWHA that are final within are not limited to:
                                                  —Clarification of the requirements in                   the meaning of 23 U.S.C. 139(l)(1). The      1. General: National Environmental
                                                     SOLAS chapter II–2 for fire integrity                actions relate to the proposed 1800        Policy Act (42 U.S.C. 4321–4351);
                                                     of windows on passenger ships                        North (SR–37) 2000 West to I–15, Davis     Federal-aid Highway Act (23 U.S.C.
                                                     carrying not more than 36 passengers                 County improvements in the State of        109).
                                                     and special purpose ships with more                  Utah. These actions grant approvals for      2. Wildlife: Endangered Species Act
                                                     than 60 (but no more than 240)                       the project.                               (16 U.S.C. 1531–1544 and 1536); Fish
                                                     persons on board                                     DATES: By this notice, the FHWA is         and Wildlife Coordination Act (16
                                                  —Measures for on-board lifting                          advising the public of final agency        U.S.C. 661–667(d)); Migratory Bird
                                                     appliances and winches                               actions subject to 23 U.S.C. 139(l)(1). A  Treaty Act (16 U.S.C. 703–712).
                                                  —Amendments to the Guidelines for                       claim seeking judicial review of the         3. Cultural Resources: Section 106 of
                                                     vessels with dynamic positioning (DP)                FHWA actions on the highway project        the National Historic Preservation Act of
                                                     systems (MSC/Circ.645)                               will be barred unless the claim is filed   1966, as amended (16 U.S.C. 470(f) et
                                                  —Revision of requirement for escape                     on or before June 20, 2016. If the Federal seq.); Archaeological and Historic
                                                     route signs and equipment location                   law that authorizes judicial review of a   Preservation Act (16 U.S.C. 469–469(c));
                                                     markings in SOLAS and related                        claim provides a time period of less       Archaeological Resources Protection Act
                                                     instruments                                          than 150 days for filing such claim, then of 1977 (16 U.S.C. 470(aa)–11).
                                                  —Revised SOLAS regulations II–1/13                      that shorter time period still applies.      4. Wetlands and Water Resources:
                                                     and II–1/13–1 and other related                      FOR FURTHER INFORMATION CONTACT: Mr.       Clean Water Act (Sections 319, 401, and
                                                     regulations for new ships                            Paul Ziman, Area Engineer, Region 1,       404) (33 U.S.C. 1251–1387); Land and
                                                  —Unified interpretation of provisions of                FHWA Utah Division, 2520 West 4700         Water Conservation Fund (16 U.S.C.
                                                     IMO safety, security, and environment                South, Suite 9A, Salt Lake City, Utah      4601–4604); Safe Drinking Water Act
                                                     related conventions                                  84129; telephone at 801–955–3525, or       (42 U.S.C. 300f through 300j–26); Rivers
                                                  —Biennial status report and provisional                 via email at paul.ziman@dot.gov. The       and Harbors Act of 1899 (33 U.S.C. 401–
                                                     agenda for SSE 4                                     FHWA Utah Division Office’s normal         406); Wild and Scenic Rivers Act (16
                                                  —Any other business                                     business hours are Monday through          U.S.C. 1271–1287); Emergency
                                                                                                          Friday, 7:30 a.m. to 4:30 p.m., m.t.       Wetlands Resources Act, (16 U.S.C.
                                                     Members of the public may attend
                                                                                                          SUPPLEMENTARY INFORMATION: Notice is       3901, 3921); Wetlands Mitigation (23
                                                  this meeting up to the seating capacity
                                                                                                          hereby given that the FHWA has taken       U.S.C. 119(g) and 133(b)(14)); Flood
                                                  of the room. In order to ensure
                                                                                                          final agency action subject to 23 U.S.C.   Disaster Protection Act (42 U.S.C.
                                                  reasonable accommodation for the full
                                                                                                          139(l)(1) by issuing licenses, permits,    4012a, 4106).
                                                  number of meeting participants, those
                                                  who plan to attend should contact the                   and approvals for the 1800 North (SR–        5. Section 4(f) Land: Department of
                                                  meeting coordinator, LT Brian Hall, by                  37) 2000 West to I–15 project in the       Transportation Act of 1966 (49 U.S.C.
                                                  email at Brian.M.Hall@uscg.mil, by                      State of Utah. The 1800 North (SR–37)      303; 23 U.S.C. 138).
                                                  phone at (202) 372–1396, or in writing                  2000 West to I–15 project proposes to        6. Noise: Federal-Aid Highway Act of
                                                  at 2703 Martin Luther King Jr. Ave. SE.,                provide transportation improvements on 1970 (Pub. L. 91–605, 84 Stat. 1713); 23
                                                  Stop 7509, Washington DC 20593–7509                     1800 North (SR–37) between 2000 West U.S.C. 109(h) and (i); 42 U.S.C. 4441,
                                                  not later than March 1, 2016. Requests                  and Interstate 15 (I–15) in Davis County, 4332; sec. 339(b), Public Law 104–59,
                                                  made after March 1, 2016, might not be                  Utah, within the cities of Clinton and     109 Stat. 568, 605; 23 CFR part 772
                                                  able to be accommodated. RTCM                           Sunset. The project consists of the        (Procedures for Abatement of Highway
                                                  Headquarters is located adjacent to the                 following improvements: Widen 1800         Traffic Noise and Construction Noise);
                                                  Rosslyn Metro station and is accessible                 North between Main Street and 2000         49 CFR 1.48(b).
                                                  by taxi and privately owned                             West to a five-lane cross-section (two       7. Executive Orders: E.O. 11593
                                                  conveyance. Additional information                      travel lanes in each direction with a      Protection and Enhancement of Cultural
                                                  regarding this and other public meetings                two-way left-turn lane) with additional    Resources; E.O. 13287 Preserve
                                                  related to the IMO may be found at:                     lanes to accommodate turning               America.
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                                                  www.uscg.mil/imo.                                       movements as 1800 approaches Main          (Catalog of Federal Domestic Assistance
                                                                                                          Street and 2000 West; construct a grade- Program Number 20.205, Highway Planning
                                                    Dated: January 15, 2016.                              separated railroad crossing on 1800        and Construction. The regulations
                                                  Jonathan Burby,                                         North that would take 1800 North over      implementing Executive Order 12372
                                                  Coast Guard Liaison Officer, Office of Ocean            the Union Pacific Railroad and Utah        regarding intergovernmental consultation on
                                                  and Polar Affairs, Department of State.                 Transit Authority tracks; and construct    Federal programs and activities apply to this
                                                  [FR Doc. 2016–01273 Filed 1–21–16; 8:45 am]             a new interchange on I–15 at 1800 North program.)
                                                  BILLING CODE 4710–09–P                                  that would provide flyover ramps to the      Authority: 23 U.S.C. 139(l)(1).



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                                                  3858                           Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices

                                                    Issued on: January 12, 2016.              telephone (518) 431–4127;                                          study. It is important to note that
                                                  Brigitte Mandel,                            Peter.Osborn@dot.gov. FHWA New York                                neither the Tier I FEIS, nor the ROD,
                                                  Acting Division Administrator, Federal      Division Office’s normal business hours                            constitute a decision to implement any
                                                  Highway Administration, Salt Lake City,     are 7:30 a.m. to 4:00 p.m., e.t.                                   of the Alternatives that have been
                                                  Utah.                                       SUPPLEMENTARY INFORMATION: Notice is                               advanced for further consideration.
                                                  [FR Doc. 2016–00956 Filed 1–21–16; 8:45 am] hereby given that the FHWA has issued                                The actions by FHWA and the laws
                                                  BILLING CODE 4910–RY–P                      a Tier 1 FEIS and an ROD in connection                             under which such actions were taken,
                                                                                              with the proposed CHFP that aims to                                are described in the Tier I FEIS, the
                                                                                              improve the movement of goods in the                               ROD issued on December 9, 2015, and
                                                  DEPARTMENT OF TRANSPORTATION greater New York/New Jersey region by                                             in other documents in the FHWA
                                                                                              enhancing the transportation of freight                            administrative record. The Tier I FEIS,
                                                  Federal Highway Administration                                                                                 the ROD, and other documents in the
                                                                                              across New York Harbor (Harbor). As
                                                                                                                                                                 FHWA administrative record file are
                                                  Notice of Final Federal Agency Actions part of the CHFP, FHWA and the Port                                     available by contacting FHWA at the
                                                  on Proposed Transportation Project in Authority of New York and New Jersey                                     address provided above. The Tier I FEIS
                                                  and Between the States of New York          (PANYNJ) are undertaking a tiered
                                                                                                                                                                 and the ROD can be viewed and
                                                  and New Jersey: Cross Harbor Freight environmental impact statement                                            downloaded from the project Web site at
                                                  Program, Tier 1 Final Environmental         process, pursuant to the NEPA, which
                                                                                              studies the goods movement system                                  www.crossharborstudy.com.
                                                  Impact Statement                                                                                                 This notice applies to all Federal
                                                                                              serving the region today, and considers
                                                  AGENCY: Federal Highway                     how that system could be improved                                  agency Tier 1 decisions that are final
                                                  Administration (FHWA), Department of through various alternatives for the                                      within the meaning of 23 U.S.C.
                                                  Transportation (DOT).                       transportation of freight across the                               139(l)(1) as of the issuance date of this
                                                  ACTION: Notice of limitation on claims      Harbor.                                                            notice and all laws under which such
                                                  for judicial review of actions by FHWA         Tier I broadly examined the potential                           actions were taken, including but not
                                                  and other federal agencies.                 transportation and environmental                                   limited to:
                                                                                              effects from a range of alternatives, with                           1. General: National Environmental
                                                  SUMMARY: This notice announces actions the goal of selecting those alternative(s)                              Policy Act (NEPA) (42 U.S.C. 4321–
                                                  taken by the FHWA and other Federal         for further study and potential                                    4351); Federal-Aid Highway Act (23
                                                  Agencies that are final within the          implementation.                                                    U.S.C. 109 and 23 U.S.C. 128).
                                                  meaning of 23 U.S.C. 139(I)(1). The                                                                              2. Air: Clean Air Act (42 U.S.C. 7401–
                                                                                                 FHWA and the PANYNJ issued a Tier
                                                  actions relate to the Cross Harbor                                                                             7671(q)).
                                                                                              I Draft Environmental Impact Statement                               3. Land: Section 4(f) of the
                                                  Freight Program (CHFP) Tier I Final         (Tier I DEIS) in November 2014 for
                                                  Environmental Impact Statement (Tier I public review and comment. The Tier I                                   Department of Transportation Act of
                                                  FEIS), and consist of the issuance by                                                                          1966 (49 U.S.C. 303 and 23 U.S.C. 138).
                                                                                              DEIS analyzed 10 Build Alternatives                                  4. Wildlife: Endangered Species Act
                                                  FHWA of a record of decision (ROD),         and a No Action Alternative. The
                                                  dated December 9, 2015, with respect to project team used a variety of forums to                               (16 U.S.C. 1532–1544 and Section
                                                  the Tier I FEIS . The Federal actions,                                                                         1536); Fish and Wildlife Coordination
                                                                                              engage stakeholders and solicit public                             Act (16 U.S.C. 661–667(d)); and
                                                  taken as a result of a tiered               comment on the Tier I DEIS, including
                                                  environmental review process under the scoping meetings; public hearings;                                      Migratory Bird Treaty Act (16 U.S.C.
                                                  National Environmental Policy Act                                                                              703–712).
                                                                                              briefings for elected officials,                                     5. Wetlands and Water Resources:
                                                  (NEPA) (42 U.S.C. 4321–4351) and            community groups, business,
                                                  implementing regulations on tiering (40 environmental, and transportation                                      Safe Drinking Water Act (42 U.S.C.
                                                  CFR 1502.20, 40 CFR 1508.28, and 23                                                                            300(f)–300(j)(6)); Wild and Scenic
                                                                                              advocates, and other stakeholders;                                 Rivers Act (16 U.S.C. 1271–1287); and
                                                  CFR part 771), determined certain issues workshops for Federal, State, and local
                                                  relating to the proposed projects. Those                                                                       Wetlands Mitigation (23 U.S.C.
                                                                                              government agencies having regulatory                              103(b)(6)(M) and 133(b)(11)).
                                                  Tier 1 decisions will be used by Federal jurisdiction over, or expertise with
                                                                                                                                                                   6. Historic and Cultural Resources:
                                                  agencies in subsequent proceedings,         respect to, the Alternatives under                                 Section 106 of the National Historic
                                                  including decisions whether to grant        review; a project Web site; and                                    Preservation Act of 1966, as amended
                                                  licenses, permits, and approvals for        informational materials made available                             (16 U.S.C. 470(f) et seq).
                                                  highway, rail, and transit projects. Tier   in English, Chinese, Spanish, and                                    7. Social and Economic: Civil Rights
                                                  1 decisions may also be relied upon by      Yiddish.                                                           Act of 1964 (42 U.S.C. 2000(d)–
                                                  State and local agencies in proceedings        Based on the findings in the Tier I                             2001(d)(1)); and American Indian
                                                  on the proposed projects.                   DEIS, and in consideration of the                                  Religious Freedom Act (42 U.S.C. 1966).
                                                  DATES: By this notice, the FHWA is          written and oral comments received                                   8. Executive Orders: E.O. 11990
                                                  advising the public that it has made        from the public, FHWA and PANYNJ                                   Protection of Wetlands; E.O. 11988
                                                  decisions that are subject to 23 U.S.C.     issued a Tier I FEIS in September 2015,                            Floodplain Management; E.O. 12898,
                                                  139(l)(1) and are final within the          which included a Response to                                       Federal Actions to Address
                                                  meaning of that law. A claim seeking        Comments chapter, and identified two                               Environmental Justice in Minority
                                                  judicial review of the Tier 1 Federal       of the Build Alternatives (the Enhanced                            Populations and Low Income
                                                  agency decisions on the proposed            Carfloat Alternative and the Rail Tunnel                           Populations; E.O. 11593 Protection and
                                                  highway, rail, and transit projects will
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                                                                                              Alternative) as Preferred Alternatives                             Enhancement of Cultural Resources; and
                                                  be barred unless the claim is filed on or   that are recommended for more                                      E.O. 11514 Protection and Enhancement
                                                  before June 20, 2016.                       detailed, site-specific review and                                 of Environmental Quality.
                                                  FOR FURTHER INFORMATION CONTACT: For        analysis in a Tier II level of study.                                9. Hazardous Materials:
                                                  FHWA: Mr. Peter W. Osborn, Division            As Federal lead agency, FHWA issued                             Comprehensive Environmental
                                                  Administrator, Federal Highway              a ROD on December 9, 2015, adopting                                Response, Compensation, and Liability
                                                  Administration, Leo W. O’Brien Federal the recommendations made in the Tier                                    Act (CERCLA) (42 U.S.C. 9601–9675);
                                                  Building, Albany, New York 12207;           I FEIS and closing out Tier I of the                               Superfund Amendments and


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Document Created: 2016-01-22 01:17:18
Document Modified: 2016-01-22 01:17:18
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 of claims for judicial review of actions by FHWA and other federal agencies.
DatesBy this notice, the 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 FHWA actions on the highway project will be barred unless the claim is filed on or before June 20, 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.
ContactMr. Paul Ziman, Area Engineer, Region 1, FHWA Utah Division, 2520 West 4700 South, Suite 9A, Salt Lake City, Utah 84129; telephone at 801-955-3525, or via email at [email protected] The FHWA Utah Division Office's normal business hours are Monday through Friday, 7:30 a.m. to 4:30 p.m., m.t.
FR Citation81 FR 3857 

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