82 FR 42222 - Notice of Final Federal Agency Actions on Proposed Highway in Alaska

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range		42222-42223
FR Document		2017-18901

This notice announces actions taken by the FHWA and other federal agencies that are final. The actions relate to a proposed highway project, Seward Highway Milepost 75 to 90 Road and Bridge Rehabilitation, in the Kenai Peninsula Borough and the Municipality of Anchorage, Alaska. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)

[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42222-42223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18901]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Alaska

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitations on Claims for Judicial Review of Actions 
by the FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
federal agencies that are final. The actions relate to a proposed 
highway project, Seward Highway Milepost 75 to 90 Road and Bridge 
Rehabilitation, in the Kenai Peninsula Borough and the Municipality of 
Anchorage, Alaska. Those actions grant licenses, permits, and approvals 
for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
action subject to 23 U.S.C. 139(l)(1). 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 February 5, 2018. 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: Mr. Henry Rettinger, Central Region 
Area

[[Page 42223]]

Engineer, FHWA Alaska Division, P.O. Box 21648, Juneau, Alaska 99802-
1648; office hours 8 a.m.-4:30 p.m. (AST), phone (907) 586-7544; email 
[email protected]. You may also contact Brian Elliott, DOT&PF 
Central Region Environmental Manager, Alaska Department of 
Transportation and Public Facilities, 4111 Aviation Drive, P.O. Box 
196900, Anchorage, Alaska 99519-6900; office hours 7:30 a.m.-5 p.m. 
(AST), phone (907) 269-0539, email [email protected].

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 proposed highway project, 
Seward Highway Milepost 75 to 90 Road and Bridge Rehabilitation, in the 
Kenai Peninsula Borough and the Municipality of Anchorage, Alaska. The 
proposed project would improve the Seward Highway between Milepost 75 
and Milepost 90 as follows:
    1. Resurface the entire 15-mile highway corridor with asphalt and 
reconstruct its subbase where necessary;
    2. Construct auxiliary passing lanes in three locations (in total, 
approximately 5 miles of new northbound passing lanes and 5 miles of 
new southbound passing lanes will be constructed);
    3. Realign and reprofile the MP 88 horizontal and vertical curves;
    4. Realign the Portage curve, which would make at-grade 
improvements at the Portage Glacier Road intersection and improve 
recreation access in the vicinity;
    5. Construct two parking areas near MP 81.5 and MP 83 to access the 
area for hooligan dipnet fishing, the parking lots will be connected by 
a new paved path;
    6. Replace or reconstruct most existing driveways;
    7. Replace eight bridges (at Glacier Creek, Virgin Creek, Peterson 
Creek, Twentymile River, Portage Creek No. 1, Portage Creek No. 2, 
Placer River, and Placer River Overflow) and rehabilitate one bridge 
(at Ingram Creek);
    8. Where possible, replace and reduce the existing guardrail 
length;
    9. Improve drainage by replacing or reconfiguring culverts; and
    10. Replace/install miscellaneous maintenance/intelligent 
transportation system features such as: Road Weather Information 
Systems, Automatic Traffic Recorders, and avalanche protection gun 
pads.
    The environmental effects of the Seward Highway Milepost 75 to 90 
Road and Bridge Rehabilitation project are evaluated and described in 
the Revised Environmental Assessment (REA) issued pursuant to the 
National Environmental Policy Act. Key issues identified in the REA 
include a not likely to adversely affect determination for the Cook 
Inlet Beluga Whale and designated Critical Habitat, construction 
mitigation measures to protect the Cook Inlet Beluga Whale and 
designated Critical Habitat, identification and protection of Section 
4(f) historic and recreational properties within the project corridor, 
and temporary construction effects on local businesses and tourism. 
Measures to avoid, minimize, and/or mitigate adverse environmental 
effects are included in the REA and associated Finding of No 
Significant Impact (FONSI).
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the REA, Section 4(f) evaluations, 
and FONSI, issued on June 6, 2017, and in other documents in the FHWA 
project records. The REA, Section 4(f) evaluations, FONSI, and other 
project records are available by contacting FHWA or the State of Alaska 
Department of Transportation & Public Facilities at the addresses 
provided above. The EA and FONSI documents can be viewed and downloaded 
from the project Web site at http://www.sewardhighway75to90.com or 
viewed at 4111 Aviation Avenue, Anchorage, Alaska 99519.
    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 et seq.]; Council on Environmental Quality Regulations [40 CFR 
parts 1500 et seq.]; Federal-Aid Highway Act of 1970 [23 U.S.C. 109]; 
MAP-21, the Moving Ahead for Progress in the 21st Century Act [Pub. L. 
112-141].
    2. Air: Clean Air Act [42 U.S.C. 7401 et seq.].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Land and Water Conservation Fund (LWCF) [54 
U.S.C. 200301 et seq.].
    4. Noise: Noise Control Act of 1972 [42 U.S.C. 4901 et seq.].
    5. Wetlands and Water Resources: Clean Water Act (Section 401 and 
Section 404) [33 U.S.C. 1251 et seq.] (Federal Water Pollution Control 
Act of 1972); Safe Drinking Water Act, as amended [42 U.S.C. 300f et 
seq.]; Coastal Zone Management Act [16 U.S.C. 1451 et seq.]; Wild and 
Scenic Rivers Act [16 U.S.C. 1271 et seq.].
    6. Wildlife: Endangered Species Act of 1973, as amended [16 U.S.C. 
1531 et seq.]; Marine Mammal Protection Act of 1972, as amended [16 
U.S.C. 1361 et seq.]; Fish and Wildlife Coordination Act, as amended 
[16 U.S.C. 661 et seq.]; Migratory Bird Treaty Act [16 U.S.C. 703-712]; 
Anadromous Fish Conservation Act [16 U.S.C. 757a-757g]; Magnuson-
Stevenson Fishery Conservation and Management Act, as amended [16 
U.S.C. 1801 et seq.].
    7. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [54 U.S.C. 306108]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa et 
seq.]; Archeological and Historic Preservation Act [54 U.S.C. 312501 et 
seq.].
    8. Social and Economic: Title VI of the Civil Rights Act of 1964, 
as amended [42 U.S.C. 2000d et seq.]; Farmland Protection Policy Act 
(FPPA) [7 U.S.C. 4201 et seq.].
    9. Executive Orders: E.O. 13186--Responsibilities of Federal 
Agencies to Protect Migratory Birds; E.O. 11514--Protection and 
Enhancement of Environmental Quality; E.O. 11990--Protection of 
Wetlands; E.O. 11988--Floodplain Management; E.O. 13112--Invasive 
Species; E.O. 12898--Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations.

(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: August 29, 2017.
Sandra A. Garcia-Aline,
Division Administrator, Juneau, Alaska.
[FR Doc. 2017-18901 Filed 9-5-17; 8:45 am]
 BILLING CODE 4910-RY-P

42222 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices

DATES: Comments must be received on Legal Description North line of said described land and
or before October 6, 2017. Part of the Northwest Quarter of parallel with the South line of said
Section 32, Township 15 North, Range Northwest Quarter 125.00 feet to the
ADDRESSES: Documents are available for
2 East in Hendricks County, Indiana, Northwest corner thereof; thence South
review by appointment at the FAA
more particularly described as follows: 00 degrees 23 minutes 29 seconds West
Chicago Airports District Office,
Commencing at a mag nail with along the West line of said described
Melanie Myers, Program Manager, 2300
washer stamped ‘‘Cripe Firm No. 0055’’ land and parallel with the East line of
East Devon Avenue, Des Plaines, IL
(hereinafter referred to as ‘‘a mag nail’’) said Northwest Quarter 236.93 feet to ‘‘a
60018 Telephone: (847) 294–7525/Fax:
at the Southeast corner of the Northwest rebar’’ on the North right of way line of
(847) 294–7046 and Eric Anderson,
Quarter of said Section 32; thence North Stafford Road (the next four courses are
Director of Properties, Indianapolis
00 degrees 23 minutes 29 seconds East along said North right of way line); (1)
Airport Authority, 7800 Col. H. Weir
(assumed bearing) along the East line of thence South 89 degrees 59 minutes 55
Cook Memorial Drive, Indianapolis,
said Northwest Quarter 117.10 feet; seconds East parallel with the said
Indiana 46241 (317) 487–5135
thence North 89 degrees 36 minutes 38 South line 132.72 feet to ‘‘a rebar’’; (2)
Written comments on the Sponsor’s thence South 81 degrees 28 minutes 04
seconds West 16.50 feet to a 5⁄8 inch
request must be delivered or mailed to: seconds East 132.70 feet to ‘‘a rebar’’; (3)
diameter rebar with a yellow plastic cap
Melanie Myers, Program Manager, thence South 89 degrees 59 minutes 55
stamped ‘‘Cripe Firm No. 0055’’
Federal Aviation Administration, seconds East parallel with the said
(hereinafter referred to as ‘‘a rebar’’) on
Chicago Airports District Office, 2300 South line 574.15 feet to ‘‘a rebar’’; (4)
the West right of way line of Ronald
East Devon Avenue, Des Plaines, Illinois thence North 59 degrees 12 minutes 36
Reagan Parkway and the POINT OF
60018 Telephone Number: (847) 294– seconds East 49.52 feet to the POINT OF
BEGINNING; thence North 00 degrees
7525/FAX Number: (847) 294–7046. BEGINNING, containing 22.111 acres,
23 minutes 29 seconds East along the
FOR FURTHER INFORMATION CONTACT: said West right of way line and parallel more or less
Melanie Myers, Program Manager, to the said East line 1250.78 feet to the Issued in Des Plaines, Illinois on August
Federal Aviation Administration, North line of land described in Deed 29, 2017.
Chicago Airports District Office, 2300 Record 301, page 852, recorded in the Carlton Lambiasi,
East Devon Avenue, Des Plaines, IL Office of the Recorder of Hendricks Acting Manager, Chicago Airports District
60018 Telephone: (847) 294–7525/Fax: County, Indiana; thence North 89 Office, FAA, Great Lakes Region.
(847) 294–7046. degrees 59 minutes 55 seconds West [FR Doc. 2017–18845 Filed 9–5–17; 8:45 am]
SUPPLEMENTARY INFORMATION: In parallel with the South line of said BILLING CODE 4910–13–P
accordance with section 47107(h) of Northwest Quarter 755.60 feet to the
Title 49, United States Code, this notice Northwest corner of land described in
is required to be published in the Deed Record 301, page 406, recorded in DEPARTMENT OF TRANSPORTATION
Federal Register 30 days before said Recorder’s Office and ‘‘a rebar’’;
thence South 00 degrees 23 minutes 29 Federal Highway Administration
modifying the land-use assurance that
requires the property to be used for an seconds West parallel with the East line
Notice of Final Federal Agency Actions
aeronautical purpose. of said Northwest Quarter 723.00 feet to
on Proposed Highway in Alaska
the Southwest corner of land described
The vacant land consists of fifteen in Deed Record 303, page 419, recorded AGENCY: Federal Highway
(15) original airport acquired parcels. in said Recorder’s Office; thence South Administration (FHWA), DOT.
These parcels were acquired under 89 degrees 59 minutes 55 seconds East ACTION: Notice of Limitations on Claims
grants 3–18–0038–17, 3–18–0038–18, 3– along the South line of said described
18–0038–23, 3–18–0038–24, 3–18– for Judicial Review of Actions by the
land and parallel with the South line of FHWA and other Federal agencies.
0038–25, 3–18–0038–45, or without said Northwest Quarter 191.30 feet to
federal participation. The future use of the Northwest corner of land described SUMMARY: This notice announces actions
the property is for commercial and in Deed Record 312, page 3, recorded in taken by the FHWA and other federal
industrial development. said Recorder’s Office and ‘‘a rebar’’; agencies that are final. The actions
The disposition of proceeds from the thence South 00 degrees 23 minutes 29 relate to a proposed highway project,
sale of the airport property will be in seconds West along the West line of said Seward Highway Milepost 75 to 90
accordance with FAA’s Policy and described land and parallel with the Road and Bridge Rehabilitation, in the
Procedures Concerning the Use of East line of said Northwest Quarter Kenai Peninsula Borough and the
Airport Revenue, published in the 150.00 feet to the North line of land Municipality of Anchorage, Alaska.
Federal Register on February 16, 1999 described in Deed Record 299, page 605, Those actions grant licenses, permits,
(64 FR 7696). recorded in said Recorder’s Office; and approvals for the project.
This notice announces that the FAA thence North 89 degrees 59 minutes 55 DATES: By this notice, the FHWA is
is considering the release of the subject seconds West along said North line and advising the public of final agency
airport property at the Indianapolis parallel with the South line of said action subject to 23 U.S.C. 139(l)(1). A
International Airport from federal land Northwest Quarter 191.30 feet to the claim seeking judicial review of the
covenants, subject to a reservation for Northwest corner thereof; thence South Federal agency actions on the listed
highway project will be barred unless
asabaliauskas on DSKBBXCHB2PROD with NOTICES

continuing right of flight as well as 00 degrees 23 minutes 29 seconds West
restrictions on the released property as along the West line of said described the claim is filed on or before February
required in FAA Order 5190.6B section land and parallel with the East line of 5, 2018. If the Federal law that
22.16. Approval does not constitute a said Northwest Quarter 146.52 feet to authorizes judicial review of a claim
commitment by the FAA to financially the Northeast corner of land described provides a time period of less than 150
assist in the disposal of the subject in Instrument No. 199800012353, days for filing such claim, then that
airport property nor a determination of recorded in said Recorder’s Office and shorter time period still applies.
eligibility for grant-in-aid funding from ‘‘a rebar’’; thence North 89 degrees 59 FOR FURTHER INFORMATION CONTACT: Mr.
the FAA. minutes 55 seconds West along the Henry Rettinger, Central Region Area

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Document Created: 2017-09-06 00:56:24
Document Modified: 2017-09-06 00:56:24

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 Limitations on Claims for Judicial Review of Actions by the FHWA and other Federal agencies.
Dates		By this notice, the FHWA is advising the public of final agency action subject to 23 U.S.C. 139(l)(1). 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 February 5, 2018. 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		Mr. Henry Rettinger, Central Region Area Engineer, FHWA Alaska Division, P.O. Box 21648, Juneau, Alaska 99802- 1648; office hours 8 a.m.-4:30 p.m. (AST), phone (907) 586-7544; email [email protected] You may also contact Brian Elliott, DOT&PF Central Region Environmental Manager, Alaska Department of Transportation and Public Facilities, 4111 Aviation Drive, P.O. Box 196900, Anchorage, Alaska 99519-6900; office hours 7:30 a.m.-5 p.m. (AST), phone (907) 269-0539, email [email protected]
FR Citation		82 FR 42222

82 FR 42222 - Notice of Final Federal Agency Actions on Proposed Highway in Alaska

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 171 (September 6, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration