82 FR 22719 - Notice of Final Federal Agency Actions of Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range		22719-22720
FR Document		2017-09969

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans and NPS, that are final. The actions relate to a proposed highway project, State Route (SR) 190 in Death Valley National Park near Towne Pass, along 0.6 mile of SR 190 in County of Inyo, State of California. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)

[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22719-22720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09969]


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DEPARTMENT OF TRANPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions of Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327, and the United States National Park Service, Death 
Valley National Park (NPS).

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans and NPS, that are final. The actions 
relate to a proposed highway project, State Route

[[Page 22720]]

(SR) 190 in Death Valley National Park near Towne Pass, along 0.6 mile 
of SR 190 in County of Inyo, State of California. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, 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 highway 
project will be barred unless the claim is filed on or before October 
16, 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 Caltrans: Angela Calloway, Office 
Chief, District 9 Environmental; Caltrans District 9; 500 S. Main St., 
Bishop, CA 93514; 8 a.m.-5 p.m.; (760) 872-2424; 
[email protected].
    For NPS: Jonathan Penman-Brotzman, Compliance Program Manager, 
Office of Environmental Compliance; National Park Service, Death Valley 
National Park; P.O. Box 579, Death Valley, CA 92328; Tuesday-Friday 8 
a.m.-5 p.m.; (760) 786-3227; [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration (FHWA) assigned, and the California Department of 
Transportation (Caltrans) assumed, environmental responsibilities for 
this project pursuant to 23 U.S.C. 327. Notice is hereby given that the 
Caltrans and NPS have taken final agency actions subject to 23 U.S.C. 
139(l)(1) by issuing licenses, permits, and approvals for the following 
highway project in the State of California: The project proposes to 
realign approximately 0.6 mile of SR 190 to the east of the current 
alignment near Towne Pass in Death Valley National Park. A new highway 
easement will be acquired from Death Valley National Park. The current 
six curves will be reduced to three. The realignment will improve both 
vertical and horizontal curves to meet a minimum design speed of 55 
miles per hour and increase stopping sight distance to 600 feet. Paved 
shoulders will be constructed throughout the project area and side 
slopes will be flattened or stabilized to create a catchment adjacent 
to the roadway, thus reducing the potential for rockfall. Federal 
Project Number 00PE014. The actions by the Federal agencies, and the 
laws under which such actions were taken, are described in the Final 
Environmental Assessment (EA) for the project, approved on May 3, 2017, 
in the Caltrans' Finding of No Significant Impact (FONSI) issued on May 
3, 2017 and in other documents in the FHWA project records. The EA, 
FONSI, and other project records are available by contacting Caltrans 
at the address provided above. The Caltrans EA and FONSI can also be 
viewed and downloaded from the internet at http://www.dot.ca.gov/d9/environmental/index.html.
    The NPS concurred that the proposed project would result in a de 
minimis impact to Death Valley National Park as a publicly owned park 
of national, state, or local significance pursuant to the requirements 
of Section 4(f) of the Department of Transportation Act (49 U.S.C. 303, 
23 CFR 774). The NPS also participated as a cooperating agency and 
anticipates adopting the EA/FONSI to provide additional project 
licenses, permits, and/or approvals.
    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. Council on Environmental Quality regulations (40 CFR 1500 et seq.; 
23 CFR 771)
2. National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4351 et 
seq.)
3. Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L. 
112-141)
4. Clean Air Act of 1963, as amended (42 U.S.C. 7401 et seq.)
5. Noise Control Act of 1979 (42 U.S.C. 4901 et seq.)
6. FHWA Noise Standards, Policies, and Procedures (23 CFR 772)
7. Department of Transportation Act of 1966, Section 4(f) (49 U.S.C. 
303)
8. Clean Water Act of 1977 and 1987 (33 U.S.C. 1344)
9. Endangered Species Act of 1973 (16 U.S.C. 1531-1543)
10. Migratory Bird Treaty Act (16 U.S.C. 703-712)
11. National Historic Preservation Act of 1966, as amended (54 U.S.C. 
306108 et seq.)
12. Executive Order 11990, Protection of Wetlands
13. Executive Order 11988, Floodplain Management
14. Executive Order 13112, Invasive Species
15. Executive Order 12898, Federal Actions to Address Environmental 
Justice and Low-Income Populations
16. Title VI of Civil Rights Act 1964 (42 U.S.C. 2000d et seq.), as 
amended

(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).

Tashia Clemons,
Director, Program Development, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2017-09969 Filed 5-16-17; 8:45 am]
 BILLING CODE 4910-RY-P

Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices 22719

requirements for environmental 13. Clean Water Act, 33 U.S.C. 1251– includes transfer to the State of Utah the
assessments or environmental impact 1377 (Section 404, Section 401, Section obligation to fulfill the assigned
statements pursuant to the National 319). environmental responsibilities on any
Environmental Policy Act of 1969, 42 14. Coastal Barrier Resources Act, 16 proposed projects meeting the criteria in
U.S.C. 4321 et seq. (NEPA). In addition, U.S.C. 3501–3510. Stipulation I(B) of the MOU that were
this program allows the assignment of 15. Coastal Zone Management Act, 16 determined to be CEs prior to the
other environmental review U.S.C. 1451–1465. effective date of the proposed MOU but
requirements applicable to these 16. Safe Drinking Water Act (SDWA), that have not been completed as of the
actions. The FHWA is authorized to act 42 U.S.C. 300f–300j–6. effective date of the MOU. This is the
on behalf of the Secretary with respect 17. Rivers and Harbors Act of 1899, 33 proposed third renewal of the State’s
to these matters. Through an amended U.S.C. 403. participation in the program and
MOU, FHWA would renew Utah’s 18. Wild and Scenic Rivers Act, 16 incorporate changes in the termination
participation in this program for a third U.S.C. 1271–1287. process from the FAST Act. FHWA may
time. The original MOU became 19. Emergency Wetlands Resources terminate the State’s participation in
effective on July 1, 2008, for an initial Act, 16 U.S.C. 3921–3931. this program if FHWA provides the
term of three (3) years and the first 20. TEA–21 Wetlands Mitigation, 23 State a notification of noncompliance,
renewal followed on June 30, 2011 and U.S.C. 103(b)(6)(m), 133 (b)(11). and a period of not less than 120 days
the second renewal followed on June 30, 21. FHWA wetland and natural to take corrective action as FHWA
2014. The proposed third MOU revision habitat mitigation regulations at 23 CFR determines necessary, and if the state
is set to supersede the second renewed part 777. fails to take satisfactory corrective
MOU prior to its expiration date on June 22. Flood Disaster Protection Act, 42 action as determined by FHWA. In
30, 2017. Stipulation I(B) of the MOU U.S.C. 4001–4128. previous versions of the MOU the
23. Section 4(f), 23 U.S.C. 138 and 49
describes the types of actions for which period for the State to take corrective
U.S.C., 303.
the State would assume project-level action was 30 days.
24. Land and Water Conservation
responsibility for determining whether The FHWA will consider the
Fund (LWCF), 16 U.S.C. 4601–4604
the criteria for a CE are met. Statewide comments submitted on the proposed
(known as section 6(f)).
decision-making responsibility would MOU when making its decision on
25. Comprehensive Environmental
be assigned for all activities within the whether to execute this renewal MOU.
Response, Compensation, and Liability
categories listed in 23 CFR 771.117(c) The FHWA will make the final,
Act (CERCLA), 42 U.S.C. 9601–9675.
and those listed as examples in 23 CFR 26. Superfund Amendments and executed MOU publicly available.
771.117(d). In addition to the NEPA CE Reauthorization Act of 1986 (SARA). (Catalog of Federal Domestic Assistance
determination responsibilities, the MOU 27. Resource Conservation and Program Number 20.205, Highway Planning
would assign to the State the and Construction. The regulations
Recovery Act (RCRA), 42 U.S.C. 6901– implementing Executive Order 12372
responsibility for conducting Federal 6992k.
environmental review, consultation, and regarding intergovernmental consultation on
28. Planning and Environmental Federal programs and activities apply to this
other related activities for projects that Linkages, 23 U.S.C. 168, with the program.)
are subject to the MOU with respect to exception of those FHWA
the following Federal laws and Authority: 23 U.S.C. 326; 42 U.S.C. 4331,
responsibilities associated with 23 4332; 23 CFR 771.117; 40 CFR 1507.3,
Executive Orders: U.S.C. 134 and 135.
1. Clean Air Act (CAA), 42 U.S.C. 1508.4.
29. Programmatic Mitigation Plans, 23
7401–7671q (determinations of project- U.S.C. 169 with the exception of those Issued on: May 8, 2017.
level conformity if required for the FHWA responsibilities associated with Ivan Marrero,
project). 23 U.S.C. 134 and 135. Division Administrator, Salt Lake City, Utah.
2. Noise Control Act of 1972, 42 30. Federal Actions to Address [FR Doc. 2017–09968 Filed 5–16–17; 8:45 am]
U.S.C. 4901–4918. Environmental Justice in Minority BILLING CODE 4910–22–P
3. Compliance with the noise Populations and Low Income
regulations in 23 CFR 772. Populations; E.O. 11593, Protection and
4. Section 7 of the Endangered DEPARTMENT OF TRANPORTATION
Enhancement of Cultural Resources;
Species Act of 1973, 16 U.S.C. 1531–
E.O. 13007, Indian Sacred Sites; E.O.
1544, and Section 1536. Federal Highway Administration
5. Fish and Wildlife Coordination Act, 13175, Consultation and Coordination
16 U.S.C. 661–667d. with Indian Tribal Governments; E.O.
Notice of Final Federal Agency Actions
6. Migratory Bird Treaty Act, 16 13112, Invasive Species).
of Proposed Highway in California
U.S.C. 703–712. The MOU allows the State to act in
7. Section 106 of the National Historic the place of the FHWA in carrying out AGENCY: Federal Highway
Preservation Act of 1966, as amended, the functions described above, except Administration (FHWA), DOT.
54 U.S.C. 306101 et seq. with respect to government-to- ACTION: Notice of Limitation on Claims
8. Archeological and Historic government consultations with federally for Judicial Review of Actions by the
Preservation Act of 1966, as amended, recognized Indian tribes. The FHWA California Department of Transportation
54 U.S.C. 3201. will retain responsibility for conducting (Caltrans), pursuant to 23 U.S.C. 327,
9. Archeological and Historic formal government-to-government and the United States National Park
Preservation Act, 16 U.S.C. 469–469c. consultation with federally recognized Service, Death Valley National Park
nlaroche on DSK30NT082PROD with NOTICES

10. American Indian Religious Indian tribes, which is required under (NPS).
Freedom Act, 42 U.S.C. 1996. some of the above-listed laws and
11. Native American Grave Protection executive orders. The State also may SUMMARY: The FHWA, on behalf of
and Repatriation Act, 25 U.S.C. 3001– assist the FHWA with formal Caltrans, is issuing this notice to
3013; 18 U.S.C. 1170. consultations, with consent of a tribe, announce actions taken by Caltrans and
12. Farmland Protection Policy Act but the FHWA remains responsible for NPS, that are final. The actions relate to
(FPPA), 7 U.S.C. 4201–4209. the consultation. This assignment a proposed highway project, State Route

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22720 Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

(SR) 190 in Death Valley National Park Impact (FONSI) issued on May 3, 2017 regarding intergovernmental consultation on
near Towne Pass, along 0.6 mile of SR and in other documents in the FHWA Federal programs and activities apply to this
190 in County of Inyo, State of project records. The EA, FONSI, and program.)
California. Those actions grant licenses, other project records are available by Authority: 23 U.S.C. 139(l)(1).
permits, and approvals for the project. contacting Caltrans at the address
Tashia Clemons,
DATES: By this notice, the FHWA, on provided above. The Caltrans EA and
FONSI can also be viewed and Director, Program Development, Federal
behalf of Caltrans, is advising the public Highway Administration, Sacramento,
of final agency actions subject to 23 downloaded from the internet at http:// California.
U.S.C. 139(l)(1). A claim seeking www.dot.ca.gov/d9/environmental/
[FR Doc. 2017–09969 Filed 5–16–17; 8:45 am]
judicial review of the Federal agency index.html.
BILLING CODE 4910–RY–P
actions on the highway project will be The NPS concurred that the proposed
barred unless the claim is filed on or project would result in a de minimis
before October 16, 2017. If the Federal impact to Death Valley National Park as
DEPARTMENT OF TRANSPORTATION
law that authorizes judicial review of a a publicly owned park of national, state,
claim provides a time period of less or local significance pursuant to the Federal Motor Carrier Safety
than 150 days for filing such claim, then requirements of Section 4(f) of the Administration
that shorter time period still applies. Department of Transportation Act (49
FOR FURTHER INFORMATION CONTACT: For U.S.C. 303, 23 CFR 774). The NPS also Sunshine Act Meetings; Unified Carrier
Caltrans: Angela Calloway, Office Chief, participated as a cooperating agency and Registration Plan Board of Directors
District 9 Environmental; Caltrans anticipates adopting the EA/FONSI to
District 9; 500 S. Main St., Bishop, CA provide additional project licenses, AGENCY: Federal Motor Carrier Safety
93514; 8 a.m.–5 p.m.; (760) 872–2424; permits, and/or approvals. Administration (FMCSA), DOT.
Angie.calloway@dot.ca.gov. This notice applies to all Federal ACTION: Notice of Unified Carrier
For NPS: Jonathan Penman-Brotzman, agency decisions as of the issuance date Registration Plan Board of Directors
Compliance Program Manager, Office of of this notice and all laws under which meeting.
Environmental Compliance; National such actions were taken, including but
Park Service, Death Valley National not limited to: TIME AND DATE: The meeting will be
Park; P.O. Box 579, Death Valley, CA 1. Council on Environmental Quality held on May 25, 2017, from 12:00 Noon
92328; Tuesday–Friday 8 a.m.–5 p.m.; regulations (40 CFR 1500 et seq.; 23 to 3:00 p.m. Eastern Daylight Time.
(760) 786–3227; jonathan_brotzman@ CFR 771) PLACE: This meeting will be open to the
nps.gov. 2. National Environmental Policy Act public via conference call. Any
SUPPLEMENTARY INFORMATION: Effective
(NEPA) (42 U.S.C. 4321–4351 et interested person may call 1–877–422–
July 1, 2007, the Federal Highway seq.) 1931, passcode 2855443940, to listen
3. Moving Ahead for Progress in the 21st and participate in this meeting.
Administration (FHWA) assigned, and
Century Act (MAP–21, Pub. L. 112– STATUS: Open to the public.
the California Department of
141)
Transportation (Caltrans) assumed, MATTERS TO BE CONSIDERED: The
4. Clean Air Act of 1963, as amended
environmental responsibilities for this Unified Carrier Registration Plan Board
(42 U.S.C. 7401 et seq.)
project pursuant to 23 U.S.C. 327. 5. Noise Control Act of 1979 (42 U.S.C. of Directors (the Board) will continue its
Notice is hereby given that the Caltrans 4901 et seq.) work in developing and implementing
and NPS have taken final agency actions 6. FHWA Noise Standards, Policies, and the Unified Carrier Registration Plan
subject to 23 U.S.C. 139(l)(1) by issuing Procedures (23 CFR 772) and Agreement and to that end, may
licenses, permits, and approvals for the 7. Department of Transportation Act of consider matters properly before the
following highway project in the State 1966, Section 4(f) (49 U.S.C. 303) Board.
of California: The project proposes to 8. Clean Water Act of 1977 and 1987 (33 FOR FURTHER INFORMATION CONTACT: Mr.
realign approximately 0.6 mile of SR U.S.C. 1344) Avelino Gutierrez, Chair, Unified
190 to the east of the current alignment 9. Endangered Species Act of 1973 (16 Carrier Registration Board of Directors at
near Towne Pass in Death Valley U.S.C. 1531–1543) (505) 827–4565.
National Park. A new highway easement 10. Migratory Bird Treaty Act (16 U.S.C.
will be acquired from Death Valley Issued on: May 11, 2017.
703–712)
National Park. The current six curves 11. National Historic Preservation Act of Robert W. Miller,
will be reduced to three. The 1966, as amended (54 U.S.C. Director, Policy, Strategic Planning &
realignment will improve both vertical 306108 et seq.) Regulation, Federal Motor Carrier Safety,
and horizontal curves to meet a 12. Executive Order 11990, Protection of Administration.
minimum design speed of 55 miles per Wetlands [FR Doc. 2017–10050 Filed 5–15–17; 4:15 pm]
hour and increase stopping sight 13. Executive Order 11988, Floodplain BILLING CODE 4910–EX–P
distance to 600 feet. Paved shoulders Management
will be constructed throughout the 14. Executive Order 13112, Invasive
project area and side slopes will be Species DEPARTMENT OF THE TREASURY
flattened or stabilized to create a 15. Executive Order 12898, Federal
catchment adjacent to the roadway, thus Actions to Address Environmental Office of Foreign Assets Control
reducing the potential for rockfall. Justice and Low-Income
nlaroche on DSK30NT082PROD with NOTICES

Federal Project Number 00PE014. The Populations Sanctions Actions Pursuant to the
actions by the Federal agencies, and the 16. Title VI of Civil Rights Act 1964 (42 Foreign Narcotics Kingpin Designation
laws under which such actions were U.S.C. 2000d et seq.), as amended Act
taken, are described in the Final (Catalog of Federal Domestic Assistance AGENCY: Office of Foreign Assets
Environmental Assessment (EA) for the Program Number 20.205, Highway Planning Control, Treasury.
project, approved on May 3, 2017, in the and Construction. The regulations ACTION: Notice.
Caltrans’ Finding of No Significant implementing Executive Order 12372

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Document Created: 2017-05-17 01:41:53
Document Modified: 2017-05-17 01:41:53

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 the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327, and the United States National Park Service, Death Valley National Park (NPS).
Dates		By this notice, the FHWA, on behalf of Caltrans, 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 highway project will be barred unless the claim is filed on or before October 16, 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		For Caltrans: Angela Calloway, Office Chief, District 9 Environmental; Caltrans District 9; 500 S. Main St., Bishop, CA 93514; 8 a.m.-5 p.m.; (760) 872-2424; [email protected]
FR Citation		82 FR 22719

82 FR 22719 - Notice of Final Federal Agency Actions of Proposed Highway in California

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 94 (May 17, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration