82 FR 10430 - Notice of Final Federal Agency Actions on Proposed Highways in Colorado

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range		10430-10431
FR Document		2017-02660

This notice announces actions taken by FHWA and other Federal agencies related to the Central 70 project in Denver and Aurora, Colorado, that are final within the meaning of 23 U.S.C. 139(l)(1).

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10430-10431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02660]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highways in 
Colorado

AGENCY: Federal Highway Administration (FHWA), DOT.

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

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SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies related to the Central 70 project in Denver and Aurora, 
Colorado, that are final within the meaning of 23 U.S.C. 139(l)(1).

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to the statute of limitations in 23 U.S.C. 139(l)(1). A 
claim seeking judicial review of the Federal agency actions on the 
highway project will be barred unless the claim is filed on or before 
July 10, 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: Chris Horn, Senior Area Engineer, 
Federal Highway Administration Colorado Division, 12300 W. Dakota 
Avenue, Lakewood, CO 80228, 720-963-3017, [email protected], normal 
business hours are 7:00 a.m. to 3:30 p.m. (Mountain time); or Vanessa 
Henderson, I-70 East Environmental Manager, Colorado Department of 
Transportation, 2000 South Holly Street, Denver, CO 80222, 303-512-
5902, [email protected], normal

[[Page 10431]]

business hours are 7:00 a.m. to 4:30 p.m. (Mountain time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
agencies have taken final agency action within in the meaning of 23 
U.S.C. 139(l)(1) by approving the Central 70 highway project in the 
State of Colorado in the Record of Decision issued January 19, 2017. 
Project Overview: I-70 between I-25 and Chambers Road is one of 
Colorado's economic backbones. The corridor is home to 1,200 
businesses, connecting the region to Denver International Airport and 
carrying upwards of 200,000 vehicles per day. The purpose of the 
project is to implement a transportation solution that improves safety, 
access, and mobility and addresses congestion on I-70 in the project 
area. The Central 70 project proposes to reconstruct and improve a 10-
mile stretch of I-70, which will include adding one new express lane in 
each direction, removing the interstate from an aging viaduct and 
placing it below grade, and constructing a four-acre cover over a 
portion of the lowered section. The actions by the Federal agencies on 
the project, and the laws under which such actions were taken, are 
described in the I-70 East from I-25 to Tower Road Final Environmental 
Impact Statement (FEIS) and Section 4(f) Evaluation signed on December 
18, 2015, in the Central 70 Record of Decision (ROD) signed January 19, 
2017, and in other key project documents. The FEIS, ROD, and other key 
documents for the project are available by contacting FHWA or the 
Colorado Department of Transportation at the addresses provided above. 
The EIS and ROD documents can be viewed and downloaded from the project 
Web sites at www.I-70east.com.
    This notice applies to all Federal agency decisions, actions, 
approvals, licenses, and permits on the project as of the issuance date 
of this notice, including but not limited to those arising under the 
following laws:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4370h]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)] (transportation 
conformity).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Section 6(f) of the Land and Water Conservation 
Fund Act of 1965 [16 U.S.C. 4601];
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(e)]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [54 U.S.C. 306108]); Archaeological 
Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archaeological and Historic Preservation Act [16 U.S.C. 469-469c-2]; 
Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-
3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1387] (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund Act [16 U.S.C. 460l-4-460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300f-300j-9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; Transportation Equity Act for the 21st Century (TEA-21) [23 
U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood 
Disaster Protection Act of 1973 [42 U.S.C. 4001-4129].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [Pub. L. 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    9. 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).

    Issued on: January 20, 2017.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2017-02660 Filed 2-9-17; 8:45 am]
BILLING CODE 4910-22-P

10430 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices

of State, 2201 C St. NW., Suite 4422, (B) any other provision of law that requires Sec. 4. General Provisions. (a) Nothing in
Washington, DC 20520. executive department consultation or review this memorandum shall be construed to
(including the consultation or review impair or otherwise affect:
Richard W. Westerdale II, required under section 7(a) of the (i) the authority granted by law to an
Director, Energy Resources Bureau, Energy Endangered Species Act of 1973, 16 U.S.C. executive department or agency, or the head
Governance and Access, Policy Analysis and 1536(a)). thereof; or
Public Diplomacy (ENR/EGA/PAPD), Bureau (iii) To the maximum extent permitted by (ii) the functions of the Director of the
of Energy Resources, Department of State. law, any Federal permit or authorization Office of Management and Budget relating to
issued before the date of this memorandum budgetary, administrative, or legislative
Presidential Memorandum Regarding for the Keystone XL Pipeline shall remain in proposals.
Construction of the Keystone XL Pipeline effect until the completion of the project. (b) This memorandum shall be
(iv) The agency notification and fifteen-day implemented consistent with applicable law
MEMORANDUM FOR THE SECRETARY OF
delay requirements of sections 1(g), 1(h), and and subject to the availability of
STATE, THE SECRETARY OF THE ARMY, 1(i) of Executive Order 13337 are hereby
THE SECRETARY OF THE INTERIOR appropriations.
waived on the basis that, under the (c) This memorandum is not intended to,
SUBJECT: Construction of the Keystone XL circumstances, observance of these and does not, create any right or benefit,
Pipeline requirements would be unnecessary, substantive or procedural, enforceable at law
Section 1. Policy. In accordance with unwarranted, and a waste of resources. or in equity by any party against the United
Executive Order 11423 of August 16, 1968, as (b) Department of the Army. The Secretary States, its departments, agencies, or entities,
amended, and Executive Order 13337 of of the Army shall, if the application referred its officers, employees, or agents, or any other
April 30, 2004, the Secretary of State has to in section 2 is submitted and a Presidential person.
delegated authority to receive applications permit issued, instruct the Assistant Donald J. Trump
for Presidential permits for the construction, Secretary of the Army for Civil Works and
[FR Doc. 2017–02740 Filed 2–9–17; 8:45 am]
connection, operation, or maintenance, at the the U.S. Army Corps of Engineers, including
the Commanding General and Chief of BILLING CODE 4710–AE–P
borders of the United States, of facilities for
the exportation or importation of petroleum, Engineers, to take all actions necessary and
petroleum products, coal, or other fuels to or appropriate to review and approve as
from a foreign country, and to issue or deny warranted, in an expedited manner, requests
such Presidential permits. As set forth in for authorization to utilize Nationwide DEPARTMENT OF TRANSPORTATION
those Executive Orders, the Secretary of State Permit 12 under section 404(e) of the Clean
should issue a Presidential permit for any Water Act, 33 U.S.C. 1344(e), with respect to Federal Highway Administration
cross-border pipeline project that ‘‘would crossings of the ‘‘waters of the United States’’
serve the national interest.’’ by the Keystone XL Pipeline, to the Notice of Final Federal Agency Actions
Accordingly, pursuant to the authority maximum extent permitted by law. on Proposed Highways in Colorado
vested in me as President by the Constitution (c) Department of the Interior. The
and the laws of the United States of America, Secretary of the Interior, as well as the AGENCY: Federal Highway
I hereby direct as follows: Directors of the Bureau of Land Management Administration (FHWA), DOT.
Sec. 2. Invitation to Submit an Application. and the United States Fish and Wildlife ACTION: Notice of limitation on claims
I hereby invite TransCanada Keystone Service, shall, if the application referred to in for judicial review of actions by FHWA
Pipeline, L.P. (TransCanada), to promptly re- section 2 is submitted and a Presidential and other Federal agencies.
submit its application to the Department of permit issued, take all steps necessary and
State for a Presidential permit for the appropriate to review and approve as SUMMARY: This notice announces actions
construction and operation of the Keystone warranted, in an expedited manner, requests taken by FHWA and other Federal
XL Pipeline, a major pipeline for the for approvals related to the Keystone XL
agencies related to the Central 70 project
importation of petroleum from Canada to the Pipeline, to the maximum extent permitted
United States. by law, including: (i) requests for grants of in Denver and Aurora, Colorado, that
Sec. 3. Directives. (a) Department of State. right-of-way and temporary use permits from are final within the meaning of 23
The Secretary of State shall, if the application the Bureau of Land Management; (ii) requests U.S.C. 139(l)(1).
referred to in section 2 is submitted, receive under the United States Fish and Wildlife DATES: By this notice, FHWA is advising
the application and take all actions necessary Service’s regulations implementing the the public of final agency actions
and appropriate to facilitate its expeditious Migratory Bird Treaty Act, 16 U.S.C. 703 et subject to the statute of limitations in 23
review. With respect to that review, I hereby seq.; and (iii) requests for approvals or other
U.S.C. 139(l)(1). A claim seeking
direct as follows: relief related to other applicable laws and
(i) The Secretary of State shall reach a final regulations. judicial review of the Federal agency
permitting determination, including a final (d) Publication. The Secretary of State shall actions on the highway project will be
decision as to any conditions on issuance of promptly provide a copy of this barred unless the claim is filed on or
the permit that are necessary or appropriate memorandum to the Speaker of the House of before July 10, 2017. If the Federal law
to serve the national interest, within 60 days Representatives, the President pro tempore of that authorizes judicial review of a
of TransCanada’s submission of the permit the Senate, the Majority Leader of the Senate, claim provides a time period of less
application. and the Governors of each State located along than 150 days for filing such claim, then
(ii) To the maximum extent permitted by the Keystone XL Pipeline route as described that shorter time period still applies.
law, the Final Supplemental Environmental in TransCanada’s application of May 4, 2012.
Impact Statement issued by the Department The Secretary of State is authorized and FOR FURTHER INFORMATION CONTACT:
of State in January 2014 regarding the directed to publish this memorandum in the Chris Horn, Senior Area Engineer,
Keystone XL Pipeline (Final Supplemental Federal Register. Federal Highway Administration
EIS) and the environmental analysis, (e) Private Property. Nothing in this Colorado Division, 12300 W. Dakota
consultation, and review described in that memorandum alters any Federal, State, or Avenue, Lakewood, CO 80228, 720–
document (including appendices) shall be local process or condition in effect on the 963–3017, Chris.Horn@dot.gov, normal
mstockstill on DSK3G9T082PROD with NOTICES

considered by the Secretary of State to satisfy date of this memorandum that is necessary to business hours are 7:00 a.m. to 3:30 p.m.
the following with respect to the Keystone secure access from an owner of private
(Mountain time); or Vanessa Henderson,
XL Pipeline as described in TransCanada’s property to construct the pipeline and cross-
permit application to the Department of State border facilities described herein. Land or an I–70 East Environmental Manager,
of May 4, 2012: interest in land for the pipeline and cross- Colorado Department of Transportation,
(A) all applicable requirements of the border facilities described herein may only 2000 South Holly Street, Denver, CO
National Environmental Policy Act of 1969, be acquired consistently with the 80222, 303–512–5902,
42 U.S.C. 4321 et seq.; and Constitution and applicable State laws. vanessa.henderson@state.co.us, normal

VerDate Sep<11>2014 18:35 Feb 09, 2017 Jkt 241001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\10FEN1.SGM 10FEN1

Document Created: 2017-02-11 18:15:23
Document Modified: 2017-02-11 18:15:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies.
Dates		By this notice, FHWA is advising the public of final agency actions subject to the statute of limitations in 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before July 10, 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		Chris Horn, Senior Area Engineer, Federal Highway Administration Colorado Division, 12300 W. Dakota Avenue, Lakewood, CO 80228, 720-963-3017, [email protected], normal business hours are 7:00 a.m. to 3:30 p.m. (Mountain time); or Vanessa Henderson, I-70 East Environmental Manager, Colorado Department of Transportation, 2000 South Holly Street, Denver, CO 80222, 303-512- 5902, [email protected], normal business hours are 7:00 a.m. to 4:30 p.m. (Mountain time).
FR Citation		82 FR 10430

82 FR 10430 - Notice of Final Federal Agency Actions on Proposed Highways in Colorado

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 27 (February 10, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration