82 FR 28733 - Notice of Final Federal Agency Actions on Proposed Highway in Washington

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range		28733-28734
FR Document		2017-12814

This notice announces actions taken by the FHWA that are final. The action relates to the issuance of a Finding of No Significant Impact for the Interstate 5 Joint Base Lewis-McChord (JBLM) Congestion Relief Project in the vicinity of JBLM in southern Pierce County, State of Washington.

Federal Register, Volume 82 Issue 120 (Friday, June 23, 2017)

[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28733-28734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12814]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Washington

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. The action relates to the issuance of a Finding of No 
Significant Impact for the Interstate 5 Joint Base Lewis-McChord (JBLM) 
Congestion Relief Project in the vicinity of JBLM in southern Pierce 
County, State of Washington.

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 highway project will be barred 
unless the claim is filed on or before November 20, 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, Dean Moberg, Area Engineer, 
Federal Highway Administration, 711 S. Capitol Way, Suite 501, Olympia, 
WA 98501-1284, 360-534-9344, or [email protected]; or Jeff Sawyer, 
Region Environmental Manager, Washington State Department of 
Transportation, P.O. Box 47440, Tumwater, WA 98501, 360-570-6701, or 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action(s) subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Washington: The purpose of the proposed action is to 
reduce chronic traffic congestion and improve person and freight 
mobility along I-5 in the vicinity of JBLM while continuing to maintain 
access to the communities and military installations neighboring the 
freeway. The proposed Project would improve I-5 through the JBLM area 
and relieve existing and expected future congestion on I-5 within the 
vicinity of JBLM, improve local and mainline system efficiency, enhance 
mobility, improve safety, and increase transit and Transportation 
Demand Management (TDM) opportunities by reducing I-5 travel times and 
improving accessibility at Thorne Lane and Berkeley Street. The actions 
by the Federal agencies, and the laws under which such actions were 
taken, are described in the Revised Environmental Assessment (REA) for 
the project approved on May 23, 2017, and in the Finding of No 
Significant Impact (FONSI) approved on May 23, 2017, and in other 
documents in the project records. The EA, FONSI, and other project 
records are available from FHWA and WSDOT at the addresses provided 
above and can be found at: http://www.wsdot.wa.gov/Projects/I5/MountsRdThorneLn/EA.htm.
    This notice applies to all Federal agency decisions that are final 
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 (23 U.S.C. 109 and 23 U.S.C. 128).
2. Air: Clean Air Act (42 U.S.C. 7401-7671q).
3. Land: Section 4(f) of the Department of Transportation Act of 1966 
(49 U.S.C. 303; 23 U.S.C. 138); Landscaping and Scenic Enhancement 
(Wildflowers) (23 U.S.C. 319).
4. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544 and Section 
1536); Marine Mammal Protection Act (16 U.S.C. 1361-1423h); Fish and 
Wildlife Coordination Act (16 U.S.C. 661-667d); 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, as amended (16 U.S.C. 470f); 
Archeological Resources Protection Act of 1977 (16 U.S.C. 470aa-470mm); 
Archeological and Historic Preservation Act (16 U.S.C. 469-469c); 
Native American Grave Protection and Repatriation Act (NAGPRA) (25 
U.S.C. 3001-3013).
6. Social and Economic: American Indian Religious Freedom Act (42 
U.S.C. 1996); Farmland Protection Policy Act (FPPA) (7 U.S.C. 4201-
4209).
7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 
401, Section 319) (33 U.S.C. 1251-1387); Land and Water Conservation 
Fund

[[Page 28734]]

(LWCF) (16 U.S.C. 4601-4604); Safe Drinking Water Act (SDWA) (42 U.S.C. 
300f-300j-26)); Rivers and Harbors Act of 1899 (33 U.S.C. 401-406); 
Wild and Scenic Rivers Act (16 U.S.C. 1271-1287); Emergency Wetlands 
Resources Act, (16 U.S.C. 3901, 3921); Wetlands Mitigation (23 U.S.C. 
119(g) and 133(b)(14)); Flood Disaster Protection Act, 42 U.S.C. 4012a, 
4106).
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.
9. Navigation: Rivers and Harbors Act of 1899 [33 U.SC. 403]; General 
Bridge Act of 1946 [33 U.S.C 9 and 11].

(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).

    Issued on: June 13, 2017.
Daniel M. Mathis,
Division Administrator, Olympia, Washington.
[FR Doc. 2017-12814 Filed 6-22-17; 8:45 am]
 BILLING CODE 4910-RY-P

28734 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices

(LWCF) (16 U.S.C. 4601–4604); Safe one eye. The Agency has concluded that at the end of the 2-year period.
Drinking Water Act (SDWA) (42 granting these exemptions will provide Accordingly, FMCSA has evaluated the
U.S.C. 300f–300j–26)); Rivers and a level of safety that is equivalent to or 10 applications on their merits and
Harbors Act of 1899 (33 U.S.C. 401– greater than the level of safety made a determination to grant
406); Wild and Scenic Rivers Act (16 maintained without the exemptions for exemptions to each of them.
U.S.C. 1271–1287); Emergency these CMV drivers. III. Vision and Driving Experience of
Wetlands Resources Act, (16 U.S.C. DATES: The exemptions were granted the Applicants
3901, 3921); Wetlands Mitigation (23 May 25, 2017. The exemptions expire
U.S.C. 119(g) and 133(b)(14)); Flood on May 25, 2019. The vision requirement in the
Disaster Protection Act, 42 U.S.C. FMCSRs provides:
FOR FURTHER INFORMATION CONTACT: Ms. A person is physically qualified to
4012a, 4106). Christine A. Hydock, Chief, Medical
8. Executive Orders: E.O. 11990 drive a commercial motor vehicle if that
Programs Division, (202) 366–4001, person has distant visual acuity of at
Protection of Wetlands; E.O. 11988
fmcsamedical@dot.gov, FMCSA, least 20/40 (Snellen) in each eye
Floodplain Management; E.O. 12898,
Department of Transportation, 1200 without corrective lenses or visual
Federal Actions to Address
New Jersey Avenue SE., Room W64– acuity separately corrected to 20/40
Environmental Justice in Minority
113, Washington, DC 20590–0001. (Snellen) or better with corrective
Populations and Low Income
Office hours are 8:30 a.m. to 5 p.m., e.t., lenses, distant binocular acuity of a least
Populations; E.O. 11593 Protection
Monday through Friday, except Federal 20/40 (Snellen) in both eyes with or
and Enhancement of Cultural
holidays. If you have questions without corrective lenses, field of vision
Resources; E.O. 13007 Indian Sacred
regarding viewing or submitting of at least 70° in the horizontal meridian
Sites; E.O. 13287 Preserve America;
material to the docket, contact Docket in each eye, and the ability to recognize
E.O. 13175 Consultation and
Services, telephone (202) 366–9826. the colors of traffic signals and devices
Coordination with Indian Tribal
Governments; E.O. 11514 Protection SUPPLEMENTARY INFORMATION: showing red, green, and amber (49 CFR
and Enhancement of Environmental I. Electronic Access 391.41(b)(10)).
Quality; E.O. 13112 Invasive Species. FMCSA recognizes that some drivers
9. Navigation: Rivers and Harbors Act of You may see all the comments online do not meet the vision requirement but
1899 [33 U.SC. 403]; General Bridge through the Federal Document have adapted their driving to
Act of 1946 [33 U.S.C 9 and 11]. Management System (FDMS) at http:// accommodate their limitation and
www.regulations.gov. demonstrated their ability to drive
(Catalog of Federal Domestic Assistance Docket: For access to the docket to
Program Number 20.205, Highway Planning
safely. The 10 exemption applicants
and Construction. The regulations
read background documents or listed in this notice are in this category.
implementing Executive Order 12372 comments, go to http:// They are unable to meet the vision
regarding intergovernmental consultation on www.regulations.gov and/or Room requirement in one eye for various
Federal programs and activities apply to this W12–140 on the ground level of the reasons, including amblyopia, complete
program.) West Building, 1200 New Jersey Avenue loss of vision, enucleation, glaucoma,
Authority: 23 U.S.C. 139(l)(1). SE., Washington, DC, between 9 a.m. and prosthetic eye. In most cases, their
and 5 p.m., e.t., Monday through Friday, eye conditions were not recently
Issued on: June 13, 2017.
except Federal holidays. developed. Nine of the applicants were
Daniel M. Mathis, Privacy Act: In accordance with 5 either born with their vision
Division Administrator, Olympia, U.S.C. 553(c), DOT solicits comments
Washington.
impairments or have had them since
from the public to better inform its childhood.
[FR Doc. 2017–12814 Filed 6–22–17; 8:45 am] rulemaking process. DOT posts these The one individual that sustained
BILLING CODE 4910–RY–P comments, without edit, including any their vision condition as an adult has
personal information the commenter had it for 12 years.
provides, to www.regulations.gov, as Although each applicant has one eye
DEPARTMENT OF TRANSPORTATION described in the system of records which does not meet the vision
Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can requirement in 49 CFR 391.41(b)(10),
Administration be reviewed at www.dot.gov/privacy. each has at least 20/40 corrected vision
in the other eye, and in a doctor’s
[Docket No. FMCSA–2017–0016] II. Background
opinion, has sufficient vision to perform
On April 24, 2017, FMCSA published all the tasks necessary to operate a CMV.
Qualification of Drivers; Exemption a notice of receipt of exemption Doctors’ opinions are supported by the
Applications; Vision applications from certain individuals, applicants’ possession of valid
AGENCY: Federal Motor Carrier Safety and requested comments from the commercial driver’s licenses (CDLs) or
Administration (FMCSA), DOT. public (82 FR 18954). That notice listed non-CDLs to operate CMVs. Before
ACTION: Notice of final disposition. 10 applicants’ case histories. The 10 issuing CDLs, States subject drivers to
individuals applied for exemptions from knowledge and skills tests designed to
SUMMARY: FMCSA announces its the vision requirement in 49 CFR evaluate their qualifications to operate a
decision to exempt 10 individuals from 391.41(b)(10), for drivers who operate CMV.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

the vision requirement in the Federal CMVs in interstate commerce. All of these applicants satisfied the
Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315, testing requirements for their State of
(FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2- residence. By meeting State licensing
vision requirement in one eye for year period if it finds ‘‘such exemption requirements, the applicants
various reasons. The exemptions will would likely achieve a level of safety demonstrated their ability to operate a
enable these individuals to operate that is equivalent to or greater than the CMV, with their limited vision, to the
commercial motor vehicles (CMVs) in level that would be achieved absent satisfaction of the State.
interstate commerce without meeting such exemption.’’ The statute also While possessing a valid CDL or non-
the prescribed vision requirement in allows the Agency to renew exemptions CDL, these 10 drivers have been

VerDate Sep<11>2014 19:21 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1

Document Created: 2017-06-23 03:37:23
Document Modified: 2017-06-23 03:37:23

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.
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 highway project will be barred unless the claim is filed on or before November 20, 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 FHWA, Dean Moberg, Area Engineer, Federal Highway Administration, 711 S. Capitol Way, Suite 501, Olympia, WA 98501-1284, 360-534-9344, or [email protected]; or Jeff Sawyer, Region Environmental Manager, Washington State Department of Transportation, P.O. Box 47440, Tumwater, WA 98501, 360-570-6701, or [email protected]
FR Citation		82 FR 28733

82 FR 28733 - Notice of Final Federal Agency Actions on Proposed Highway in Washington

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 120 (June 23, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration