82_FR_43459 82 FR 43282 - Notice of Final Federal Agency Actions on Proposed Highway in California

82 FR 43282 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 177 (September 14, 2017)

Page Range43282-43283
FR Document2017-19517

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, U.S. Environmental Protection Agency (USEPA), and U.S. Fish and Wildlife Service (FWS) that are final. The actions relate to a proposed highway project on the Interstate 5 (I-5) and State Route 56 (SR 56) from postmile (PM) I-5: R32.7 to R34.8 and SR 56: 0.00 to 2.5 in the County of San Diego, State of California. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 177 (Thursday, September 14, 2017) 
[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43282-43283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19517]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on 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, U.S. Environmental Protection Agency (USEPA), and U.S. 
Fish and Wildlife Service (FWS).

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, U.S. Environmental Protection 
Agency (USEPA), and U.S. Fish and Wildlife Service (FWS) that are 
final. The actions relate to a proposed highway project on the 
Interstate 5 (I-5) and State Route 56 (SR 56) from postmile (PM) I-5: 
R32.7 to R34.8 and SR 56: 0.00 to 2.5 in the County of San Diego, 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 February 
12, 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: For Caltrans: Mr. Bruce April, Deputy 
District Director, Division of Environmental Analysis, California 
Department of Transportation, 4050 Taylor Street, MS 242, San Diego, CA 
92110, Regular Office Hours: 8:00 a.m. to 5:00 p.m., Telephone number 
(619) 688-0100, email [email protected]. For FHWA: Ms. Lismary 
Gavill[aacute]n, Senior Transportation Engineer, 888 S. Figueroa, Ste 
750, Los Angeles, CA 90017 Regular Office Hours: 6:00 a.m. to 4:00 
p.m., Telephone number (213) 894-6697, email [email protected]. 
For the U.S. Fish and Wildlife Service, Ms. Sally Brown, Caltrans 
Liaison, 2177 Salk Avenue, Ste 250, Suite 101, Carlsbad, CA 92011, 
Regular Office Hours 8:00 a.m. to 5:00 p.m., Telephone number (760) 
431-9440, email [email protected], the Biological Opinion was 
received on December 12, 2012.

SUPPLEMENTARY INFORMATION: FHWA's responsibility for environmental 
review, consultation, and any other action required in accordance with 
applicable federal laws for this project is being, or was, carried out 
by Caltrans under its assumption of responsibility pursuant to Fixing 
America's Surface Transportation (FAST) Act amended 23 U.S.C. 327. 
Under NEPA Assignment, FHWA assigned and Caltrans assumed all of the 
USDOT Secretary's responsibilities under NEPA. FHWA and Caltrans 
executed NEPA Assignment MOU dated December 23, 2016 that identifies 
FHWA's and Caltrans' roles and responsibilities, describes NEPA 
Assignment requirements, and officially extends Caltrans' use of the 23 
U.S.C.

[[Page 43283]]

327. Notice is hereby given that the Caltrans, U.S. Environmental 
Protection Agency (USEPA), and U.S. Fish and Wildlife Service (FWS) has 
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 is located in San Diego County at 
the I-5/SR 56 Interchange near Carmel Valley Road in San Diego from 
postmile (PM) I-5: R32.7 to R34.8 and SR 56: 0.00 to 2.5. The proposed 
project includes improvements to maintain or improve the existing and 
future traffic operations on the I-5 and SR 56 corridors. The preferred 
alternative consists adding the two missing connectors (I-5 Southbound 
to SR 56 Eastbound and SR 56 Westbound to I-5 Northbound). The Del Mar 
Heights Overcrossing will be replaced with pedestrian enhancements and 
improved lighting. The Carmel Valley Road will be widened from three to 
four lanes by the I-5 off-ramp and will be widened from six lanes to 
eight lanes from I-5 and El Camino Real. Relocation of the AT&T-owned 
transcontinental fiber-optic line that currently parallels I-5 between 
Carmel Valley Road and Del Mar Heights Road to within High Bluff Drive 
and El Camino Real. In addition the project includes: Auxiliary lanes; 
sound walls; retaining walls, barriers, guard rails/end treatments, 
crash cushions, bridge rails, drainage improvements, detention basins, 
replacement of existing fences, potential installation of fencing for 
right-of-way, visual and community enhancements; ramp improvements; and 
appurtenant structures including signage. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Final Environmental Statement (FEIS) for the project, 
approved on June 26, 2017, in the Record of Decision (ROD) issued on 
August 13, 2017, and in other documents in the FHWA project records. 
The FEIS, ROD, and other project records are available by contacting 
Caltrans at the addresses provided above.
    The Caltrans Final FEIS and ROD can be viewed and downloaded from 
the project Web site at http://www.dot.ca.gov/d11/environmental/. 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;
    2. National Environmental Policy Act (NEPA);
    3. Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU);
    4. Department of Transportation Act of 1966;
    5. Federal Aid Highway Act of 1970;
    6. Clean Air Act (CAA) Amendments of 1990;
    7. Clean Water Act (CWA) of 1977 and 1987;
    8. Federal Water Pollution Control Act of 1972;
    9. Endangered Species Act of 1973;
    10. Migratory Bird Treaty Act;
    11. Farmland Protection Policy Act of 1981;
    12. Title VI of the Civil Rights Act of 1964;
    13. Uniform Relocation Assistance and Real Property Acquisition Act 
of 1970;
    14. National Historic Preservation Act (NHPA) of 1966;
    15. Historic Sites Act of 1935;
    16. Resource Conservation and Recovery Act of 1976;
    17. Community Environmental Response Facilitation Act (CERFA) of 
1992;
    18. Executive Order 11990, Protection of Wetlands;
    19. Executive Order 13112, Invasive Species;
    20. Executive Order 11988, Floodplain Management; and,
    21. Executive Order 12898, Environmental Justice.

(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 J. Clemons,
Director of Project Development, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2017-19517 Filed 9-13-17; 8:45 am]
 BILLING CODE 4910-RY-P

43282 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices (I–405) and Interstate 5 (I–5) in the The Final IS/EA with ND/FONSI, and SUMMARY: The FHWA, on behalf of County of Orange, State of California. other project records are available by Caltrans, is issuing this notice to Those actions grant licenses, permits, contacting Caltrans at the addresses announce actions taken by Caltrans, and approvals for the project. provided above. The Caltrans Final IS/ U.S. Environmental Protection Agency DATES: By this notice, the FHWA, on EA with ND/FONSI can be viewed and (USEPA), and U.S. Fish and Wildlife behalf of Caltrans, is advising the public downloaded from the project Web site Service (FWS) that are final. The actions of final agency actions subject to 23 at: http://www.dot.ca.gov/d12/DEA/55/ relate to a proposed highway project on U.S.C. 139(l)(1). A claim seeking 0J340/index.html. This notice applies to the Interstate 5 (I–5) and State Route 56 judicial review of the Federal Agency all Federal agency decisions as of the (SR 56) from postmile (PM) I–5: R32.7 Actions on the highway project will be issuance date of this notice and all laws to R34.8 and SR 56: 0.00 to 2.5 in the barred unless the claim is filed on or under which such actions were taken, County of San Diego, State of California. before February 12, 2018. If the Federal including but not limited to: Those actions grant licenses, permits, law that authorizes judicial review of a (1) Council on Environmental Quality and approvals for the project. claim provides a time period of less regulations; DATES: By this notice, the FHWA, on than 150 days for filing such claim, then (2) National Environmental Policy Act behalf of Caltrans, is advising the public that shorter time period still applies. (NEPA); of final agency actions subject to 23 FOR FURTHER INFORMATION CONTACT: For (3) Moving Ahead for Progress in the U.S.C. 139(l)(1). A claim seeking Caltrans: Charles Baker, Branch Chief— 21st Century Act (MAP–21); judicial review of the Federal agency Specialist Unit, Division of (4) Department of Transportation Act actions on the highway project will be Environmental Analysis, California of 1966; barred unless the claim is filed on or Department of Transportation—District (5) Federal Aid Highway Act of 1970; before February 12, 2018. If the Federal 12, 1750 East 4th Street, Santa Ana, (6) Clean Air Act Amendments of law that authorizes judicial review of a California, 8 a.m. to 5 p.m., (657) 328– 1990; claim provides a time period of less 6139, charles_baker@dot.ca.gov. (7) Noise Control Act of 1970; than 150 days for filing such claim, then SUPPLEMENTARY INFORMATION: Effective (8) 23 CFR part 772 FHWA Noise that shorter time period still applies. July 1, 2007, the Federal Highway Standards, Policies and Procedures; FOR FURTHER INFORMATION CONTACT: For Administration (FHWA) assigned, and (9) Department of Transportation Act Caltrans: Mr. Bruce April, Deputy the California Department of of 1966, Section 4(f); District Director, Division of Transportation (Caltrans) assumed, (10) Clean Water Act of 1977 and Environmental Analysis, California environmental responsibilities for this 1987; Department of Transportation, 4050 project pursuant to 23 U.S.C. 327. (11) Endangered Species Act of 1973; Taylor Street, MS 242, San Diego, CA Notice is hereby given that Caltrans, has (12) Migratory Bird Treaty Act; 92110, Regular Office Hours: 8:00 a.m. taken final agency actions subject to 23 (13) National Historic Preservation to 5:00 p.m., Telephone number (619) U.S.C. 139(l)(1) by issuing licenses, Act of 1966, as amended; 688–0100, email Bruce.April@ permits, and approvals for the following (14) Historic Sites Act of 1935; and, dot.ca.gov. For FHWA: Ms. Lismary highway project in the State of (15) Executive Order 13112, Invasive Gavillán, Senior Transportation California. Caltrans proposes to add one Species. Engineer, 888 S. Figueroa, Ste 750, Los general-purpose lane in the northbound (Catalog of Federal Domestic Assistance Angeles, CA 90017 Regular Office and southbound directions, construct a Program Number 20.205, Highway Planning Hours: 6:00 a.m. to 4:00 p.m., Telephone second high-occupancy lane (HOV) in and Construction. The regulations number (213) 894–6697, email implementing Executive Order 12372 Lismary.Gavillan@dot.gov. For the U.S. each direction between the I–405 and I– regarding intergovernmental consultation on 5 HOV direct connectors, and restore Fish and Wildlife Service, Ms. Sally Federal Programs and activities apply to this existing auxiliary lanes. Additionally, program.) Brown, Caltrans Liaison, 2177 Salk northbound auxiliary lanes will be Avenue, Ste 250, Suite 101, Carlsbad, Authority: 23 U.S.C. 139(l)(1) CA 92011, Regular Office Hours 8:00 constructed between the MacArthur Boulevard and Dyer Road, and the Dyer Tashia J. Clemons, a.m. to 5:00 p.m., Telephone number Road and Edinger Avenue interchanges. Director of Program Development, Federal (760) 431–9440, email Sally_Brown@ The restored auxiliary lane between the Highway Administration, Sacramento, CA. fws.gov, the Biological Opinion was Edinger Avenue and McFadden Avenue [FR Doc. 2017–19518 Filed 9–13–17; 8:45 am] received on December 12, 2012. interchanges would be extended to the BILLING CODE 4910–RY–P SUPPLEMENTARY INFORMATION: FHWA’s northbound I–5 connector and the responsibility for environmental review, northbound McFadden Avenue onramp consultation, and any other action would be restricted to the northbound I– DEPARTMENT OF TRANSPORTATION required in accordance with applicable 5 connector only. As a result, access federal laws for this project is being, or from the McFadden Avenue on-ramp to Federal Highway Administration was, carried out by Caltrans under its northbound SR–55 and southbound I–5 assumption of responsibility pursuant to would be eliminated. In the southbound Notice of Final Federal Agency Actions Fixing America’s Surface Transportation direction, the existing auxiliary lane on Proposed Highway in California (FAST) Act amended 23 U.S.C. 327. between the McFadden Avenue and AGENCY: Federal Highway Under NEPA Assignment, FHWA asabaliauskas on DSKBBXCHB2PROD with NOTICES Edinger Avenue interchanges would be Administration (FHWA), DOT. assigned and Caltrans assumed all of the restored to match the existing condition. USDOT Secretary’s responsibilities ACTION: Notice of Limitation on Claims The actions by the Federal agencies, and under NEPA. FHWA and Caltrans for Judicial Review of Actions by the the laws under which such actions were executed NEPA Assignment MOU dated California Department of Transportation taken, are described in the Final Initial December 23, 2016 that identifies (Caltrans), pursuant to 23 U.S.C. 327, Study (IS) with Negative Declaration FHWA’s and Caltrans’ roles and U.S. Environmental Protection Agency (ND)/Environmental Assessment (EA) responsibilities, describes NEPA (USEPA), and U.S. Fish and Wildlife with Finding of No Significant Impact Assignment requirements, and officially Service (FWS). (FONSI), approved on August 31, 2017. extends Caltrans’ use of the 23 U.S.C. VerDate Sep<11>2014 16:41 Sep 13, 2017 Jkt 241001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\14SEN1.SGM 14SEN1

Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43283 327. Notice is hereby given that the 3. Safe, Accountable, Flexible, SUMMARY: FMCSA announces that the Caltrans, U.S. Environmental Protection Efficient Transportation Equity Act: A Power and Communication Contractors Agency (USEPA), and U.S. Fish and Legacy for Users (SAFETEA–LU); Association (PCCA) has requested an Wildlife Service (FWS) has taken final 4. Department of Transportation Act exemption from the requirement that a agency actions subject to 23 U.S.C. of 1966; motor carrier install and require each of 139(l)(1) by issuing licenses, permits, 5. Federal Aid Highway Act of 1970; its drivers to use an electronic logging and approvals for the following highway 6. Clean Air Act (CAA) Amendments device (ELD) to record the driver’s project in the State of California: The of 1990; hours-of-service (HOS) no later than project is located in San Diego County 7. Clean Water Act (CWA) of 1977 and December 18, 2017. PCCA requests the at the I–5/SR 56 Interchange near 1987; exemption for all operators of a Carmel Valley Road in San Diego from 8. Federal Water Pollution Control commercial motor vehicle (CMV) in the postmile (PM) I–5: R32.7 to R34.8 and Act of 1972; power and communications SR 56: 0.00 to 2.5. The proposed project 9. Endangered Species Act of 1973; construction industry. Construction includes improvements to maintain or 10. Migratory Bird Treaty Act; contractors spend considerable time improve the existing and future traffic 11. Farmland Protection Policy Act of working off-road on varying jobsites, operations on the I–5 and SR 56 1981; and a single CMV may have several corridors. The preferred alternative 12. Title VI of the Civil Rights Act of different drivers over the course of a consists adding the two missing 1964; day, moving the vehicle short distances connectors (I–5 Southbound to SR 56 13. Uniform Relocation Assistance around the jobsite. Because of the Eastbound and SR 56 Westbound to I– and Real Property Acquisition Act of limited time within a workday that their 5 Northbound). The Del Mar Heights 1970; drivers spend driving on public roads, Overcrossing will be replaced with 14. National Historic Preservation Act PCCA states that ELD and record of duty pedestrian enhancements and improved (NHPA) of 1966; status (RODS) requirements for drivers lighting. The Carmel Valley Road will 15. Historic Sites Act of 1935; in their industries do not result in a be widened from three to four lanes by 16. Resource Conservation and significant safety benefit. PCCA’s the I–5 off-ramp and will be widened Recovery Act of 1976; drivers would remain subject to the from six lanes to eight lanes from I–5 17. Community Environmental standard HOS limits and maintain a and El Camino Real. Relocation of the Response Facilitation Act (CERFA) of paper RODS for HOS compliance. PCCA AT&T-owned transcontinental fiber- 1992; believes that the exemption, if granted, 18. Executive Order 11990, Protection optic line that currently parallels I–5 will achieve a level of safety that is of Wetlands; between Carmel Valley Road and Del equivalent to, or greater than, the level 19. Executive Order 13112, Invasive Mar Heights Road to within High Bluff that would be achieved absent the Species; Drive and El Camino Real. In addition exemption. FMCSA requests public 20. Executive Order 11988, the project includes: Auxiliary lanes; comment on PCCA’s application for Floodplain Management; and, sound walls; retaining walls, barriers, exemption. 21. Executive Order 12898, guard rails/end treatments, crash DATES: Comments must be received on Environmental Justice. cushions, bridge rails, drainage or before October 16, 2017. improvements, detention basins, (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning ADDRESSES: You may submit comments replacement of existing fences, potential and Construction. The regulations identified by Federal Docket installation of fencing for right-of-way, implementing Executive Order 12372 Management System (FDMS) Number visual and community enhancements; regarding intergovernmental consultation on FMCSA–2017–0243 by any of the ramp improvements; and appurtenant Federal programs and activities apply to this following methods: structures including signage. The program.) • Federal eRulemaking Portal: actions by the Federal agencies, and the Authority: 23 U.S.C. 139(l)(1). www.regulations.gov. See the Public laws under which such actions were Participation and Request for Comments taken, are described in the Final Tashia J. Clemons, section below for further information. Environmental Statement (FEIS) for the Director of Project Development, Federal • Mail: Docket Management Facility, project, approved on June 26, 2017, in Highway Administration, Sacramento, U.S. Department of Transportation, 1200 the Record of Decision (ROD) issued on California. New Jersey Avenue SE., West Building, August 13, 2017, and in other [FR Doc. 2017–19517 Filed 9–13–17; 8:45 am] Ground Floor, Room W12–140, documents in the FHWA project BILLING CODE 4910–RY–P Washington, DC 20590–0001. records. The FEIS, ROD, and other • Hand Delivery or Courier: West project records are available by Building, Ground Floor, Room W12– contacting Caltrans at the addresses DEPARTMENT OF TRANSPORTATION 140, 1200 New Jersey Avenue SE., provided above. between 9 a.m. and 5 p.m., Monday The Caltrans Final FEIS and ROD can Federal Motor Carrier Safety Administration through Friday, except Federal holidays. be viewed and downloaded from the • Fax: 1–202–493–2251. project Web site at http:// [Docket No. FMCSA–2017–0243] • Each submission must include the www.dot.ca.gov/d11/environmental/. Agency name and the docket number for This notice applies to all Federal agency Hours of Service of Drivers: asabaliauskas on DSKBBXCHB2PROD with NOTICES this notice. Note that DOT posts all decisions as of the issuance date of this Application for Exemption; Power and comments received without change to notice and all laws under which such Communication Contractors www.regulations.gov, including any actions were taken, including but not Association (PCCA) personal information included in a limited to: AGENCY: Federal Motor Carrier Safety comment. Please see the Privacy Act 1. Council on Environmental Quality Administration (FMCSA), DOT. heading below. regulations; Docket: For access to the docket to ACTION: Notice of application for 2. National Environmental Policy Act read background documents or exemption; request for comments. (NEPA); comments, go to www.regulations.gov at VerDate Sep<11>2014 16:41 Sep 13, 2017 Jkt 241001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\14SEN1.SGM 14SEN1


Document Created: 2017-09-13 23:49:26
Document Modified: 2017-09-13 23:49:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327, U.S. Environmental Protection Agency (USEPA), and U.S. Fish and Wildlife Service (FWS).
DatesBy 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 February 12, 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.
ContactFor Caltrans: Mr. Bruce April, Deputy District Director, Division of Environmental Analysis, California Department of Transportation, 4050 Taylor Street, MS 242, San Diego, CA 92110, Regular Office Hours: 8:00 a.m. to 5:00 p.m., Telephone number (619) 688-0100, email [email protected] For FHWA: Ms. Lismary Gavill[aacute]n, Senior Transportation Engineer, 888 S. Figueroa, Ste 750, Los Angeles, CA 90017 Regular Office Hours: 6:00 a.m. to 4:00 p.m., Telephone number (213) 894-6697, email [email protected] For the U.S. Fish and Wildlife Service, Ms. Sally Brown, Caltrans Liaison, 2177 Salk Avenue, Ste 250, Suite 101, Carlsbad, CA 92011, Regular Office Hours 8:00 a.m. to 5:00 p.m., Telephone number (760) 431-9440, email [email protected], the Biological Opinion was received on December 12, 2012.
FR Citation82 FR 43282 
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