81 FR 89569 - Notice of Final Federal Agency Actions on Transportation Project in Washington State
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 238 (December 12, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 238 (December 12, 2016)
| Page Range | 89569-89570 | |
| FR Document | 2016-29675 |
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)] [Notices] [Pages 89569-89570] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29675] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- SUMMARY: This notice announces actions taken by the FHWA that are final within the meaning of Section 1308 of the Moving Ahead for Progress in the 21st Century Act. The action relates to design refinements to West Approach Bridge South, the Montlake Lid, and other elements of the Montlake Interchange on State Route (SR) 520 in the City of Seattle, King County, State of Washington. DATES: 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 May 11, 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: Anthony Sarhan, Major Project Oversight Manager, Federal Highway Administration, 711 S. Capitol Way, Suite 501, Olympia, WA 98501-1284, 360-753-9487, or [email protected]; or Margaret Kucharski, Mega Projects Compliance and Documentation Manager, Washington State Department of Transportation, 999 3rd Ave. Suite 2200, Seattle, WA 98104, 206-770- 3500, or [email protected]. SUPPLEMENTARY INFORMATION: On September 7, 2011, FHWA published a [[Page 89570]] ``Notice of Final Federal Agency Actions on Proposed Highway in Washington'' in the Federal Register at 76 FR 55459 for the SR 520, I-5 to Medina: Bridge Replacement and HOV Project. Notice is hereby given that, subsequent to the earlier FHWA notice, FHWA has taken final agency actions within the meaning of 23 U.S.C. 139(l)(1) by issuing a NEPA re-evaluation for the SR 520 SR 520, I-5 to Medina: Bridge Replacement and HOV Project: West Approach Bridge South and Montlake Lid Design (hereafter ``re-evaluation''). The action(s) by FHWA and the laws under which such actions were taken, are described in the re- evaluation and the associated agency records. That information is available by contacting FHWA at the addresses provided above. The project proposed to improve safety and mobility for people and goods across Lake Washington by replacing the SR 520 Portage Bay and Evergreen Point bridges and improve existing roadway between Interstate 5 (I-5) in Seattle and Evergreen Point Road in Medina spanning 5.2 miles. The Final Environmental Impact Statement (EIS) for the project was published in January 2011 and the Record of Decision (ROD) was issued in August 2011. Since issuance of the FHWA ROD, the design has been refined for the West Approach Bridge South, Montlake Lid, and other project elements in the Montlake Interchange Area including changes to the path connections, changes to stormwater facilities, and changes to the design of the intersection at 24th Avenue East and East Lake Washington Boulevard. The re-evaluation considering these refinements was prepared in October 2016. It identifies and documents potential effects associated with these refinements. This notice only applies to the re- evaluation. Information about the re-evaluation and associated records are available from FHWA and WSDOT at the addresses provided above and can be found at: https://www.wsdot.wa.gov/Projects/SR520Bridge/Library/I5Medina.htm. This notice applies to all Federal agency decisions related to the re-evaluation 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. 4321-4347]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)]. 3. Land: Section 6(f) of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601]; Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Section 7 of the Endangered Species Act [16 U.S.C. 1536]; Anadromous Fish Conservation Act [16 U.S.C. 757(a-757(g)); Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 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.]; Archaeological and Historic Preservation Act [16 U.S.C. 469- 469(c)]; Native American Grave Protection and Repatriation Act (25 U.S.C. 3001-3013). 6. Wetlands and Water Resources: Section 7 of the Endangered Species Act [16 U.S.C. 1536]; Clean Water Act, (Section 319 [33 U.S.C. 329]); Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]. 7. Navigation: Rivers and Harbors Act of 1899 [33 U.S.C. 403]; General Bridge Act of 1946 [33 U.S.C. 9 and 11]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for Progress in the 21st Century Act, (Pub. L. 112-141, 126 Stat. 405). Frederick A. Judd IV, FHWA Acting Assistant Division Administrator, Olympia, WA. [FR Doc. 2016-29675 Filed 12-9-16; 8:45 am] BILLING CODE 4910-RY-P
![Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 89569
150 Study conducted between March 1, noise exposure contours depicted on a Federal Aviation Administration, 5950
2013 and September 9, 2016. It was Noise Exposure Map submitted under Hazeltine National Drive, Suite 400,
requested that the FAA review this Section 47503 of the Act, it should be Orlando, FL 32882
material as the Noise Exposure Maps, as noted that the FAA is not involved in Orlando Melbourne International
described in Section 47503 of the Act, any way in determining the relative Airport, One Air Terminal Parkway,
and that the noise mitigation measures, locations of specific properties with Suite 220, Melbourne, FL 32901
to be implemented jointly by the airport regard to the depicted noise exposure Questions may be directed to the
and surrounding communities, be contours, or in interpreting the Noise individual named above under the
approved as a Noise Compatibility Exposure Maps to resolve questions heading, FOR FURTHER INFORMATION
Program under Section 47504 of the Act. concerning, for example, which CONTACT.
The FAA has completed its review of properties should be covered by the Issued in Orlando, Florida, on December 1,
the Noise Exposure Maps and provisions of Section 47506 of the Act. 2016.
accompanying documentation These functions are inseparable from Bart Vernace,
submitted by the Melbourne Airport the ultimate land use control and Manager, Orlando Airports District Office,
Authority. The documentation that planning responsibilities of local Orlando, FL.
constitutes the ‘‘Noise Exposure Maps’’ government. These local responsibilities [FR Doc. 2016–29639 Filed 12–9–16; 8:45 am]
as defined in CFR Part 150 Section are not changed in any way under Part
BILLING CODE 4910–13–P
150.7 includes: Chapter 2.0 Airport 150 or through FAA’s review of Noise
Facilities and Local Airspace, Chapter Exposure Maps. Therefore, the
5.0 Noise Modeling, Chapter 6.0 Airport responsibility for the detailed DEPARTMENT OF TRANSPORTATION
Operational Data, Chapter 7.0 Noise overlaying of noise exposure contours
Exposure, Chapter 8.0 Noise Exposure onto the maps depicting properties on Federal Highway Administration
Maps Certification, Figure 6–1 Modeled the surface rests exclusively with the
Flight Tracks—East Flow, Figure 6–2 airport operator that submitted those Notice of Final Federal Agency Actions
Modeled Flight Tracks—West Flow, maps, or those public agencies and on Transportation Project in
Figure 6–3 Modeled Flight Tracks— planning agencies with which Washington State
Touch and Go and Helicopter, Figure 7– consultation is required under Section
1 2016 Noise Exposure Map, Figure 7– AGENCY: Federal Highway
47503 of the Act. The FAA has relied on
2 Future Land Use, Figure 7–3 2021 Administration (FHWA), Department of
the certification by the airport operator,
Noise Exposure Map, Table 6–1 2016 Transportation (DOT).
under Section 150.21 of Part 150, that
Annual Operations, Table 6–2 2016 the statutorily required consultation has ACTION: Notice of Limitation on Claims
Annual-Average Day Fleet Mix been accomplished. for Judicial Review of Actions by
(Itinerant Operations), Table 6–3 2016 The FAA has formally received the FHWA.
Annual-Average Day Fleet Mix (Local Noise Compatibility Program for SUMMARY: This notice announces actions
Operations), Table 6–4 2021 Annual Orlando Melbourne International taken by the FHWA that are final within
Operations, Table 6–5 2021 Annual- Airport, also effective on December 1, the meaning of Section 1308 of the
Average Day Fleet Mix (Itinerant 2016. Preliminary review of the Moving Ahead for Progress in the 21st
Operations), Table 6–6 2021 Annual- submitted material indicates that it Century Act. The action relates to
Average Day Fleet Mix (Local conforms to the requirements for the design refinements to West Approach
Operations), Table 6–7 2016 and 2021 submittal of Noise Compatibility Bridge South, the Montlake Lid, and
Stage Length Percentages, Table 6–8 Programs, but that further review will be other elements of the Montlake
2016 and 2021 Runway Use necessary prior to approval or Interchange on State Route (SR) 520 in
Percentages, Table 6–9 2016 and 2021 disapproval of the program. The formal the City of Seattle, King County, State of
Departure Flight Track Use Percentages, review period, limited by law to a Washington.
Table 6–10 2016 and 2021 Arrival Flight maximum of 180 days, will be
DATES: A claim seeking judicial review
Track Use Percentages, Table 6–11 2016 completed on or before May 30, 2017.
The FAA’s detailed evaluation will be of the Federal agency actions on the
and 2021 Local and Helicopter Flight
conducted under the provisions of Part listed highway project will be barred
Track Use Percentages, Table 7–1 Land
150, Section 150.33. The primary unless the claim is filed on or before
Use Acreage within Existing (2016) DNL
considerations in the evaluation process May 11, 2017. If the Federal law that
Contours, Table 7–3 2021 DNL Contour
are whether the proposed measures may authorizes judicial review of a claim
Land Use Impacts. The FAA has
reduce the level of aviation safety, provides a time period of less than 150
determined that these noise exposure
create an undue burden on interstate or days for filing such claim, then that
maps and accompanying documentation
foreign commerce, or be reasonably shorter time period still applies.
are in compliance with applicable
consistent with obtaining the goal of FOR FURTHER INFORMATION CONTACT:
requirements. This determination is
effective on December 1, 2016. reducing existing non-compatible land Anthony Sarhan, Major Project
The FAA’s determination on an uses and preventing the introduction of Oversight Manager, Federal Highway
airport operator’s noise exposure maps additional non-compatible land uses. Administration, 711 S. Capitol Way,
is limited to a finding that the maps Interested persons are invited to Suite 501, Olympia, WA 98501–1284,
were developed in accordance with the comment on the proposed program with 360–753–9487, or anthony.sarhan@
procedures contained in Appendix A of specific reference to these factors. All dot.gov; or Margaret Kucharski, Mega
CFR Part 150. Such determination does comments, other than those properly Projects Compliance and
mstockstill on DSK3G9T082PROD with NOTICES
not constitute approval of the airport addressed to local land use authorities, Documentation Manager, Washington
operator’s data, information or plans, or will be considered by the FAA to the State Department of Transportation, 999
a commitment to approve a Noise extent practicable. 3rd Ave. Suite 2200, Seattle, WA 98104,
Compatibility Program or to fund Copies of the full Noise Exposure Map 206–770–3500, or Margaret.Kucharski@
implementation of that Program. If documentation and the proposed Noise wsdot.wa.gov.
questions arise concerning the precise Compatibility Program are available for SUPPLEMENTARY INFORMATION: On
relationship of specific properties to examination at the following locations: September 7, 2011, FHWA published a
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![89570 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
‘‘Notice of Final Federal Agency Actions Department of Transportation Act of from the North County Transit District
on Proposed Highway in Washington’’ 1966 [49 U.S.C. 303]. (NCTD) in California for a Buy America
in the Federal Register at 76 FR 55459 4. Wildlife: Endangered Species Act non-availability waiver for the
for the SR 520, I–5 to Medina: Bridge [16 U.S.C. 1531–1544]; Section 7 of the procurement of replacement parts for
Replacement and HOV Project. Notice is Endangered Species Act [16 U.S.C. Diesel Multiple Unit (DMU) rail
hereby given that, subsequent to the 1536]; Anadromous Fish Conservation vehicles. The 12 DMU rail vehicles were
earlier FHWA notice, FHWA has taken Act [16 U.S.C. 757(a-757(g)); Fish and manufactured by Siemens as a part of
final agency actions within the meaning Wildlife Coordination Act [16 U.S.C. their Desiro series and were placed in
of 23 U.S.C. 139(l)(1) by issuing a NEPA 661–667(d)]; Magnuson-Stevens Fishery revenue service in 2008. Mid-life
re-evaluation for the SR 520 SR 520, I– Conservation and Management Act of maintenance and replacement overhauls
5 to Medina: Bridge Replacement and 1976, as amended [16 U.S.C. 1801 et of vehicle parts are now required in
HOV Project: West Approach Bridge seq.]. order to ensure safe and continuous
South and Montlake Lid Design 5. Historic and Cultural Resources: transit service. The FTA hereby waives
(hereafter ‘‘re-evaluation’’). The Section 106 of the National Historic its Buy America requirements, finding
action(s) by FHWA and the laws under Preservation Act of 1966, as amended that the materials for which the waiver
which such actions were taken, are [16 U.S.C. 470(f) et seq.]; Archaeological is requested are not produced in the
described in the re-evaluation and the and Historic Preservation Act [16 U.S.C. United States in sufficient and
associated agency records. That 469–469(c)]; Native American Grave reasonably available quantities and of
information is available by contacting Protection and Repatriation Act (25 satisfactory quality. This waiver is
FHWA at the addresses provided above. U.S.C. 3001–3013). limited to the purchase of the
The project proposed to improve 6. Wetlands and Water Resources: replacement parts by NCTD over several
safety and mobility for people and Section 7 of the Endangered Species Act phases from 2018 through 2026.
goods across Lake Washington by [16 U.S.C. 1536]; Clean Water Act, DATES: The waiver is effective
replacing the SR 520 Portage Bay and (Section 319 [33 U.S.C. 329]); Safe immediately.
Evergreen Point bridges and improve Drinking Water Act [42 U.S.C. 300(f)–
FOR FURTHER INFORMATION CONTACT:
existing roadway between Interstate 5 300(j)(6)].
7. Navigation: Rivers and Harbors Act Cecelia Comito, Assistant Chief
(I–5) in Seattle and Evergreen Point
of 1899 [33 U.S.C. 403]; General Bridge Counsel, at (202) 366–2217 or
Road in Medina spanning 5.2 miles. The
Act of 1946 [33 U.S.C. 9 and 11]. cecelia.comito@dot.gov.
Final Environmental Impact Statement
(EIS) for the project was published in 8. Executive Orders: E.O. 11990 SUPPLEMENTARY INFORMATION: The
January 2011 and the Record of Decision Protection of Wetlands; E.O. 11988 purpose of this notice is to announce
(ROD) was issued in August 2011. Floodplain Management; E.O. 12898 that FTA has granted a Buy America
Since issuance of the FHWA ROD, the Federal Actions to Address non-availability waiver for the NCTD’s
design has been refined for the West Environmental Justice in Minority purchase of replacement parts on their
Approach Bridge South, Montlake Lid, Populations and Low Income Siemens-manufactured Desiro series
and other project elements in the Populations; E.O. 11593 Protection and DMU rail vehicles, including, but not
Montlake Interchange Area including Enhancement of Cultural Resources; limited to, Power Pack Assembly, Power
changes to the path connections, E.O. 13007 Indian Sacred Sites; E.O. Truck Assembly, Jakobs Truck
changes to stormwater facilities, and 13287 Preserve America; E.O. 13175 Assembly, Transmission, Primary
changes to the design of the intersection Consultation and Coordination with Suspension, Secondary Suspension,
at 24th Avenue East and East Lake Indian Tribal Governments; E.O. 11514 Power Wheelset Assembly, Power Truck
Washington Boulevard. The re- Protection and Enhancement of Brake Rotors, Jakobs Truck Brake
evaluation considering these Environmental Quality; E.O. 13112 Rotors, Power Truck Wheels, Jakobs
refinements was prepared in October Invasive Species. Truck Wheels, A/C Compressors,
2016. It identifies and documents Authority: 23 U.S.C. 139(l)(1), as amended
Carbody Brake Components, Automatic
potential effects associated with these by Moving Ahead for Progress in the 21st Train Couplers, and HVAC Roof
refinements. This notice only applies to Century Act, (Pub. L. 112–141, 126 Stat. 405). Mounted Units (the ‘‘Replacement
the re-evaluation. Parts’’) pursuant to 49 U.S.C.
Frederick A. Judd IV, 5323(j)(2)(B) and 49 CFR 661.7(c).
Information about the re-evaluation
and associated records are available FHWA Acting Assistant Division With certain exceptions, FTA’s Buy
Administrator, Olympia, WA. America requirements prevent FTA
from FHWA and WSDOT at the
[FR Doc. 2016–29675 Filed 12–9–16; 8:45 am] from obligating an amount that may be
addresses provided above and can be
found at: https://www.wsdot.wa.gov/ BILLING CODE 4910–RY–P appropriated to carry out its program for
Projects/SR520Bridge/Library/ a project unless ‘‘the steel, iron, and
I5Medina.htm. This notice applies to all manufactured goods used in the project
DEPARTMENT OF TRANSPORTATION are produced in the United States.’’ 49
Federal agency decisions related to the
re-evaluation as of the issuance date of U.S.C. 5323(j)(1). A manufactured
Federal Transit Administration
this notice and all laws under which product is considered produced in the
such actions were taken, including but [Docket No. FTA–2016–0036] United States if: (1) All of the
not limited to: manufacturing processes for the product
1. General: National Environmental Notice of Buy America Waiver for take place in the United States; and (2)
Replacement Parts on Diesel Multiple all of the components of the product are
mstockstill on DSK3G9T082PROD with NOTICES
Policy Act (NEPA) [42 U.S.C. 4321–
4347]; Federal-Aid Highway Act [23 Unit Rail Vehicles of U.S. origin. A component is
U.S.C. 109]. AGENCY: Federal Transit Administration, considered of U.S. origin if it is
2. Air: Clean Air Act, as amended [42 DOT. manufactured in the United States,
U.S.C. 7401–7671(q)]. ACTION: Notice of Buy America waiver. regardless of the origin of its
3. Land: Section 6(f) of the Land and subcomponents. 49 CFR 661.5(d). If,
Water Conservation Fund Act of 1965 SUMMARY: The Federal Transit however, FTA determines that ‘‘the
[16 U.S.C. 4601]; Section 4(f) of the Administration (FTA) received a request steel, iron, and goods produced in the
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Document Created: 2018-02-14 09:05:30
Document Modified: 2018-02-14 09:05:30
| 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. | |
| Dates | 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 May 11, 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. | |
| Contact | Anthony Sarhan, Major Project Oversight Manager, Federal Highway Administration, 711 S. Capitol Way, Suite 501, Olympia, WA 98501-1284, 360-753-9487, or [email protected]; or Margaret Kucharski, Mega Projects Compliance and Documentation Manager, Washington State Department of Transportation, 999 3rd Ave. Suite 2200, Seattle, WA 98104, 206-770- 3500, or [email protected] | |
| FR Citation | 81 FR 89569 |
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