81_FR_78473 81 FR 78258 - Notice of Final Federal Agency Actions on the Interstate 64/High Rise Bridge Corridor Study in Chesapeake, Virginia

81 FR 78258 - Notice of Final Federal Agency Actions on the Interstate 64/High Rise Bridge Corridor Study in Chesapeake, Virginia

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 215 (November 7, 2016)

Page Range78258-78259
FR Document2016-26812

This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the widening of Interstate 64 for approximately eight miles between the I- 464 Interchange and the I-664/I-264 Interchange in the City of Chesapeake, Virginia. The widening project includes the replacement of the High Rise Bridge over the Elizabeth River. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 81 Issue 215 (Monday, November 7, 2016)
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78258-78259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26812]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Interstate 64/High 
Rise Bridge Corridor Study in Chesapeake, Virginia

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA

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

SUMMARY: This notice announces actions taken by the FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the 
widening of Interstate 64 for approximately eight miles between the I-
464 Interchange and the I-664/I-264 Interchange in the City of 
Chesapeake, Virginia. The widening project includes the replacement of 
the High Rise Bridge over the Elizabeth River. Those actions grant 
licenses, permits, and 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 Federal agency actions on the project will be barred unless the 
claim is filed on or before April 6, 2017. If the Federal law that 
authorizes judicial review of a claim provides a time period of less 
than 150 days for filing such claim, then that shorter time period 
still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Mack Frost, Planning and 
Environmental Specialist, FHWA Virginia Division, 400 North 8th Street, 
Richmond, Virginia, 23219; telephone: (804) 775-3352; email: 
[email protected]. The FHWA Virginia Division Office's normal business 
hours are 8:00 a.m. to 4:30 p.m. (Eastern Time). For the Virginia 
Department of Transportation: Mr. Scott Smizik, 1401 East Broad Street, 
Richmond, Virginia 23219; email: [email protected];

[[Page 78259]]

telephone: (804) 371-4082. The Virginia Department of Transportation's 
normal business hours are 7:00 a.m. to 4:00 p.m.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following project in the State 
of Virginia: The widening of Interstate 64 for approximately eight 
miles between the I-464 Interchange and I-664/I-264 in the City of 
Chesapeake, Virginia. The project would involve constructing two 
additional lanes of capacity in each direction including the 
construction of a new bridge and replacement of the existing High Rise 
Bridge. The actions taken by FHWA, and the laws under which such 
actions were taken, are described in the Environmental Assessment (EA), 
the Request for the Finding of No Significant Impact (FONSI) that 
included a Revised EA, and the FONSI. The EA was signed on October 3, 
2014. The FONSI was issued on August 22, 2016. The EA, Request for the 
FONSI, and FONSI can be viewed on the project's internet site at http://virginiadot.org/projects/hamptonroads/i-64_southside__high_rise_bridge_phased_construction.asp.
    These documents and other project records are also available by 
contacting FHWA or the Virginia Department of Transportation at the 
phone numbers and addresses listed 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]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 23 U.S.C. 
128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303; 23 U.S.C. 138].
    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. Social and Economic: Farmland Protection Policy Act [7 U.S.C. 
4201-4209].

(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).

    Dated: November 1, 2016.
John Simkins,
Planning and Environment Team Leader, Richmond, Virginia.
[FR Doc. 2016-26812 Filed 11-4-16; 8:45 am]
 BILLING CODE 4910-RY-P



                                                78258                       Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices

                                                Management Plans to FHWA. The                             An electronic copy of this document                 portal at: http://www.regulations.gov.
                                                proposed Project Management Plan                        may also be downloaded from Office of                 The FHWA requests that commenters
                                                Guidance clarifies prior guidance on the                the Federal Register’s home page at:                  cite the page number of the Guidance
                                                Project Management Plan process,                        http://www.archives.gov/federal_register              for which each specific comment to the
                                                including when to prepare plan                          and the Government Publishing Office’s                docket is concerned, to help make the
                                                updates.                                                Web page at: https://www.gpo.gov/                     FHWA’s docket comment review
                                                DATES: Comments must be received on
                                                                                                        fdsys/. Late comments will be                         process more efficient. The FHWA will
                                                or before December 7, 2016.                             considered to the extent practicable.                 consider all comments received during
                                                ADDRESSES: To ensure that you do not                    Background                                            the comment period prior to finalizing
                                                duplicate your docket submissions,                                                                            the Project Management Plan Guidance.
                                                                                                           Major projects are defined in 23
                                                please submit all comments by only one                                                                          Authority: 23 U.S.C. 106(h); 49 CFR 1.85.
                                                                                                        U.S.C. 106(h) as projects receiving
                                                of the following means:                                 Federal financial assistance with an                    Issued on: October 31, 2016.
                                                  • Federal eRulemaking Portal: Go to                   estimated total cost of $500,000,000, or              Gregory G. Nadeau,
                                                http://www.regulations.gov and follow                   other projects as may be identified by                FHWA Administrator.
                                                the online instructions for submitting                  the Secretary. Major projects are                     [FR Doc. 2016–26815 Filed 11–4–16; 8:45 am]
                                                comments.                                               typically large, complex projects
                                                  • Mail: Docket Management Facility,                   designed to address major highway
                                                                                                                                                              BILLING CODE 4910–22–P

                                                U.S. Department of Transportation, 1200                 needs and require the investment of
                                                New Jersey Ave. SE., W12–140,                           significant financial resources. The
                                                Washington, DC 20590–0001.                                                                                    DEPARTMENT OF TRANSPORTATION
                                                                                                        preparation of a Project Management
                                                  • Hand Delivery: West Building                        Plan, as required by 23 U.S.C. 106(h),                Federal Highway Administration
                                                Ground Floor, Room W12–140, 1200                        ensures successful project delivery and
                                                New Jersey Ave. SE., between 9 a.m.                     the maintenance of public trust,                      Notice of Final Federal Agency Actions
                                                and 5 p.m., Monday through Friday,                      support, and confidence throughout the                on the Interstate 64/High Rise Bridge
                                                except Federal holidays. The telephone                  life of the project. Project Management               Corridor Study in Chesapeake, Virginia
                                                number is (202) 366–9329.                               Plans clearly define the responsibilities
                                                  • Instructions: You must include the                  of the agency leadership and
                                                                                                                                                              AGENCY:  Federal Highway
                                                agency name and docket number at the                                                                          Administration (FHWA), DOT.
                                                                                                        management team. Further, such plans
                                                beginning of your comments. All                         document the procedures and processes                 ACTION: Notice of Limitation on Claims
                                                comments received will be posted                        to provide timely information to project              for Judicial Review of Actions by FHWA
                                                without change to http://                               decision makers.
                                                www.regulations.gov, including any                                                                            SUMMARY:   This notice announces actions
                                                                                                           When finalized, the proposed Project               taken by the FHWA that are final within
                                                personal information provided.                          Management Plan Guidance will replace
                                                FOR FURTHER INFORMATION CONTACT: For
                                                                                                                                                              the meaning of 23 U.S.C. 139(l)(1). The
                                                                                                        the existing January 2009 Project                     actions relate to the widening of
                                                questions about this notice contact Mr.                 Management Plan Guidance. Current
                                                James Sinnette, FHWA Office of                                                                                Interstate 64 for approximately eight
                                                                                                        guidance is over 7 years old and in need
                                                Infrastructure, (202) 366–1561, Federal                                                                       miles between the I–464 Interchange
                                                                                                        of clarification. This new, proposed
                                                Highway Administration, 1200 New                                                                              and the I–664/I–264 Interchange in the
                                                                                                        guidance is less prescriptive, in light of
                                                Jersey Ave. SE., Washington, DC 20590,                                                                        City of Chesapeake, Virginia. The
                                                                                                        an increased understanding of Project
                                                or via email at james.sinnette@dot.gov.                                                                       widening project includes the
                                                                                                        Management Plans by FHWA and
                                                For legal questions, please contact Ms.                                                                       replacement of the High Rise Bridge
                                                                                                        Project Managers. Further, a recent DOT
                                                Jennifer Mayo, Assistant Chief Counsel                                                                        over the Elizabeth River. Those actions
                                                                                                        Office of Inspector General audit
                                                for Program Legal Services, FHWA                                                                              grant licenses, permits, and approvals
                                                                                                        expressed the need for more clarity in
                                                Office of the Chief Counsel, (202) 366–                                                                       for the project.
                                                                                                        the guidance on when Project
                                                1523, Federal Highway Administration,                   Management Plan updates should be                     DATES: By this notice, the FHWA is
                                                1200 New Jersey Ave. SE., Washington,                   prepared.1 Finally, while current                     advising the public of final agency
                                                DC 20590–0001, or via email at                          guidance includes best practices for                  actions subject to 23 U.S.C. 139(l)(1). A
                                                jennifer.mayo@dot.gov. Business hours                   managing major projects, these practices              claim seeking judicial review of the
                                                for the FHWA are from 8:00 a.m. to 4:30                 will not be included in the new                       Federal agency actions on the project
                                                p.m., e.t., Monday through Friday,                      guidance. Rather, best management                     will be barred unless the claim is filed
                                                except Federal holidays.                                practices will be developed as a separate             on or before April 6, 2017. If the Federal
                                                SUPPLEMENTARY INFORMATION:                              resource to be shared with project                    law that authorizes judicial review of a
                                                                                                        sponsors and FHWA staff.                              claim provides a time period of less
                                                Electronic Access and Filing                               Comments on the proposed Project                   than 150 days for filing such claim, then
                                                   A copy of the proposed Project                       Management Plan Guidance are                          that shorter time period still applies.
                                                Management Plan Guidance is available                   welcome from any interested party,                    FOR FURTHER INFORMATION CONTACT: For
                                                for download and public inspection                      including Federal, State, and local                   FHWA: Mr. Mack Frost, Planning and
                                                under the docket number noted above at                  agencies; industry groups; and the                    Environmental Specialist, FHWA
                                                the Federal eRulemaking portal at:                      general public. A copy of the proposed                Virginia Division, 400 North 8th Street,
                                                http://www.regulations.gov. You may                     Project Management Plan Guidance is                   Richmond, Virginia, 23219; telephone:
                                                submit or retrieve comments online                      available for download and public                     (804) 775–3352; email: Mack.frost@
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                                                through the Federal eRulemaking portal                  inspection under the docket number                    dot.gov. The FHWA Virginia Division
                                                at: http://www.regulations.gov. The Web                 noted above at the Federal eRulemaking                Office’s normal business hours are 8:00
                                                site is available 24 hours each day, 365                                                                      a.m. to 4:30 p.m. (Eastern Time). For the
                                                                                                          1 FHWA Met Basic Requirements but can
                                                days each year. Electronic submission                                                                         Virginia Department of Transportation:
                                                                                                        Strengthen Guidance and Controls for Financial and
                                                and retrieval help and guidelines are                   Project Management Plans, FHWA, Report No. ST–
                                                                                                                                                              Mr. Scott Smizik, 1401 East Broad
                                                available under the help section of the                 2015–018 (Jan. 2015), available at https://           Street, Richmond, Virginia 23219;
                                                Web site.                                               www.oig.dot.gov/library-item/32336.                   email: Scott.Smizik@vdot.virginia.gov;


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                                                                            Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices                                            78259

                                                telephone: (804) 371–4082. The Virginia                   Dated: November 1, 2016.                               Comments must be written in the
                                                Department of Transportation’s normal                   John Simkins,                                         English language, and be no greater than
                                                business hours are 7:00 a.m. to 4:00 p.m.               Planning and Environment Team Leader,                 15 pages in length, although there is no
                                                                                                        Richmond, Virginia.                                   limit to the length of necessary
                                                SUPPLEMENTARY INFORMATION:       Notice is
                                                                                                        [FR Doc. 2016–26812 Filed 11–4–16; 8:45 am]           attachments to the comments. If
                                                hereby given that FHWA has taken final
                                                                                                        BILLING CODE 4910–RY–P                                comments are submitted in hard copy
                                                agency actions subject to 23 U.S.C.
                                                                                                                                                              form, please ensure that two copies are
                                                139(l)(1) by issuing licenses, permits,
                                                                                                                                                              provided. If you wish to receive
                                                and approvals for the following project
                                                                                                        DEPARTMENT OF TRANSPORTATION                          confirmation that comments you have
                                                in the State of Virginia: The widening of
                                                                                                                                                              submitted by mail were received, please
                                                Interstate 64 for approximately eight                   National Highway Traffic Safety                       enclose a stamped, self-addressed
                                                miles between the I–464 Interchange                     Administration                                        postcard with the comments. Note that
                                                and I–664/I–264 in the City of
                                                                                                        [Docket No. NHTSA–2016–0103; Notice 1]                all comments received will be posted
                                                Chesapeake, Virginia. The project would
                                                                                                                                                              without change to https://
                                                involve constructing two additional
                                                                                                        Daimler Trucks North America, Receipt                 www.regulations.gov, including any
                                                lanes of capacity in each direction
                                                                                                        of Petition for Decision of                           personal information provided.
                                                including the construction of a new
                                                                                                        Inconsequential Noncompliance                            All comments and supporting
                                                bridge and replacement of the existing
                                                                                                                                                              materials received before the close of
                                                High Rise Bridge. The actions taken by                  AGENCY:  National Highway Traffic
                                                                                                                                                              business on the closing date indicated
                                                FHWA, and the laws under which such                     Safety Administration (NHTSA),
                                                                                                                                                              above will be filed in the docket and
                                                actions were taken, are described in the                Department of Transportation (DOT).
                                                                                                                                                              will be considered. All comments and
                                                Environmental Assessment (EA), the                      ACTION: Receipt of petition.                          supporting materials received after the
                                                Request for the Finding of No
                                                                                                        SUMMARY:   Daimler Trucks North                       closing date will also be filed and will
                                                Significant Impact (FONSI) that
                                                                                                        America (DTNA), has determined that                   be considered to the fullest extent
                                                included a Revised EA, and the FONSI.
                                                                                                        certain model year (MY) 2016–2017                     possible.
                                                The EA was signed on October 3, 2014.
                                                                                                        Freightliner and Western Star trucks do                  When the petition is granted or
                                                The FONSI was issued on August 22,
                                                                                                        not fully comply with Table 2 of Federal              denied, notice of the decision will also
                                                2016. The EA, Request for the FONSI,
                                                                                                        Motor Vehicle Safety Standard (FMVSS)                 be published in the Federal Register
                                                and FONSI can be viewed on the
                                                                                                        No. 101, Controls and Displays. DTNA                  pursuant to the authority indicated at
                                                project’s internet site at http://
                                                                                                        filed a report dated September 22, 2016,              the end of this notice.
                                                virginiadot.org/projects/hamptonroads/                                                                           All comments, background
                                                i-64_southside__high_rise_bridge_                       pursuant to 49 CFR part 573, Defect and
                                                                                                        Noncompliance Responsibility and                      documentation, and supporting
                                                phased_construction.asp.                                                                                      materials submitted to the docket may
                                                                                                        Reports. DTNA also petitioned NHTSA
                                                   These documents and other project                                                                          be viewed by anyone at the address and
                                                                                                        on September 22, 2016, under 49 CFR
                                                records are also available by contacting                                                                      times given above. The documents may
                                                                                                        part 556 for a decision that the subject
                                                FHWA or the Virginia Department of                                                                            also be viewed on the Internet at https://
                                                                                                        noncompliance is inconsequential as it
                                                Transportation at the phone numbers                                                                           www.regulations.gov by following the
                                                                                                        relates to motor vehicle safety.
                                                and addresses listed above. This notice                                                                       online instructions for accessing the
                                                                                                        DATES: The closing date for comments
                                                applies to all Federal agency decisions                                                                       dockets. The docket ID number for this
                                                as of the issuance date of this notice and              on the petition is December 7, 2016.
                                                                                                                                                              petition is shown in the heading of this
                                                all laws under which such actions were                  ADDRESSES: Interested persons are
                                                                                                                                                              notice.
                                                taken, including but not limited to:                    invited to submit written data, views,                   DOT’s complete Privacy Act
                                                                                                        and arguments on this petition.                       Statement is available for review in a
                                                   1. General: National Environmental
                                                                                                        Comments must refer to the docket and                 Federal Register notice published on
                                                Policy Act (NEPA) [42 U.S.C. 4321–
                                                                                                        notice number cited in the title of this              April 11, 2000, (65 FR 19477–78).
                                                4351]; Federal-Aid Highway Act
                                                                                                        notice and submitted by any of the
                                                (FAHA) [23 U.S.C. 109 and 23 U.S.C.                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                        following methods:
                                                128].                                                      • Mail: Send comments by mail                        I. Overview: Pursuant to 49 U.S.C.
                                                   2. Air: Clean Air Act [42 U.S.C. 7401–               addressed to U.S. Department of                       30118(d) and 30120(h), 49 CFR part 556,
                                                7671(q)].                                               Transportation, Docket Operations, M–                 DTNA submitted a petition for an
                                                                                                        30, West Building Ground Floor, Room                  exemption from the notification and
                                                   3. Land: Section 4(f) of the                                                                               remedy requirements of 49 U.S.C.
                                                Department of Transportation Act of                     W12–140, 1200 New Jersey Avenue SE.,
                                                                                                        Washington, DC 20590.                                 Chapter 301 on the basis that this
                                                1966 [49 U.S.C. 303; 23 U.S.C. 138].                                                                          noncompliance is inconsequential as it
                                                                                                           • Hand Delivery: Deliver comments
                                                   4. Historic and Cultural Resources:                  by hand to U.S. Department of                         relates to motor vehicle safety.
                                                Section 106 of the National Historic                    Transportation, Docket Operations, M–                   This notice of receipt of DTNA’s
                                                Preservation Act of 1966, as amended                    30, West Building Ground Floor, Room                  petition is published under 49 U.S.C.
                                                [16 U.S.C. 470(f) et seq.].                             W12–140, 1200 New Jersey Avenue SE.,                  30118 and 30120 and does not represent
                                                   5. Social and Economic: Farmland                     Washington, DC 20590. The Docket                      any agency decision or other exercise of
                                                Protection Policy Act [7 U.S.C. 4201–                   Section is open on weekdays from 10                   judgment concerning the merits of the
                                                4209].                                                  a.m. to 5 p.m. except Federal Holidays.               petition.
                                                                                                           • Electronically: Submit comments                    II. Vehicles Involved: Affected are
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                                                (Catalog of Federal Domestic Assistance
                                                Program Number 20.205, Highway Planning                 electronically by logging onto the                    approximately 36,959 MY 2016–2017
                                                and Construction. The regulations                       Federal Docket Management System                      versions of the following trucks,
                                                implementing Executive Order 12372                      (FDMS) Web site at https://                           manufactured between September 28,
                                                regarding intergovernmental consultation on             www.regulations.gov/. Follow the online               2015 and July 30, 2016:
                                                Federal programs and activities apply to this           instructions for submitting comments.                 • Freightliner Cascadia
                                                program.)                                                  • Comments may also be faxed to                    • Freightliner 122SD
                                                   Authority: 23 U.S.C. 139(l)(1).                      (202) 493–2251.                                       • Freightliner Coronado


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Document Created: 2018-02-14 08:21:31
Document Modified: 2018-02-14 08:21:31
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 FHWA
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 Federal agency actions on the project will be barred unless the claim is filed on or before April 6, 2017. 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.
ContactFor FHWA: Mr. Mack Frost, Planning and Environmental Specialist, FHWA Virginia Division, 400 North 8th Street, Richmond, Virginia, 23219; telephone: (804) 775-3352; email: [email protected] The FHWA Virginia Division Office's normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Time). For the Virginia Department of Transportation: Mr. Scott Smizik, 1401 East Broad Street, Richmond, Virginia 23219; email: [email protected]; telephone: (804) 371-4082. The Virginia Department of Transportation's normal business hours are 7:00 a.m. to 4:00 p.m.
FR Citation81 FR 78258 

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