82 FR 4452 - Notice of Final Federal Agency Actions on Proposed Highway in North Carolina
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 82, Issue 9 (January 13, 2017)
Federal Highway Administration
Federal Register Volume 82, Issue 9 (January 13, 2017)
| Page Range | 4452-4453 | |
| FR Document | 2017-00554 |
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)] [Notices] [Pages 4452-4453] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00554] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in North Carolina AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitations on claims for judicial review of actions by FHWA and other federal agencies. ----------------------------------------------------------------------- SUMMARY: This notice announces action taken by the FHWA and other federal agencies that is final within the meaning of 23 U.S.C. 139(l)(1). This final agency action relates to a proposed highway project, Bonner Bridge Replacement Project along NC 12, from Rodanthe to Bodie Island in Dare County, North Carolina. The FHWA's Record of Decision (ROD) identifies the Bridge on New Location as the selected alternative for Phase IIb (Rodanthe Breach) of the Bonner Bridge Replacement Project. 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 June 12, 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: Clarence W. Coleman, P.E., Director of Preconstruction and Environment, Federal Highway Administration, North Carolina Division, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-7014; email: [email protected]. FHWA North Carolina Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the North Carolina Department of Transportation (NCDOT): Rodger Rochelle, Director of Technical Services, North Carolina Department of Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North Carolina 27699-1548; Telephone (919) 707-2900; email: [email protected]. NCDOT Technical Services Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken final agency action by issuing a Record of Decision (ROD) for the following highway project in the State of North Carolina: Rodanthe Breach Long-Term Improvements for Phase IIb of the Bonner Bridge Replacement Project along Highway NC 12 in Dare County, North Carolina. The project is also known as State Transportation Improvement Program (STIP) Project B-2500B, and is part of the second phase (Phase IIb) of the Parallel Bridge Corridor/Transportation Management Plan (PBC/TMP), which was identified as the selected alternative for the Bonner Bridge Replacement Project (STIP No. B-2500) in the Record of Decision (ROD) approved by FHWA on December 20, 2010. The NC 12 PBC/TMP addresses the length of the entire project for STIP No. B-2500, from the Village of Rodanthe to Bodie Island. The TMP is guiding the implementation of future phases of the project through 2060. Located along the Outer Banks of North Carolina, the selected alternative for Phase IIb is approximately 2.8 miles in length, including a 2.4[hyphen]mile long bridge on new location. The proposed alignment for NC 12 would leave the existing NC 12 alignment within the Pea Island National Wildlife Refuge at a point approximately 1.8 miles north of the Refuge boundary and enter Pamlico Sound. The bridge would be in Pamlico Sound until a point north of the Rodanthe emergency ferry terminal, where NC 12 would turn east and enter Rodanthe. The bridge extends approximately 1,400 feet west of the Pamlico Sound shoreline at its farthest point. The Rodanthe area was breached as a result of Hurricane Irene in August 2011 and remains susceptible to breaches at the south end of the Refuge and Rodanthe, as well as the Rodanthe `S' Curves Hot Spot that experiences high erosion rates. The FHWA's action, related actions by other Federal agencies and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS)/Final Section 4(f) Evaluation for the project, approved on September 17, 2008; the Revised Final Section 4(f) Evaluation, approved on October 9, 2009; the Environmental Assessment, approved on May 7, 2010; the FHWA ROD approved on December 20, 2010 for Phase I and the PBC/TMP for the remainder of the project; the Phase IIb Environmental Assessment, approved December 3, 2013; a Revised Phase IIb Environmental Assessment, approved May 24, 2016, the FHWA ROD for Phase IIb approved on December 15, 2016 and other documents in the project file. The above documents are available for review by contacting the FHWA or the NCDOT at the addresses provided above. In addition, these documents can be viewed and downloaded from the project Web site at http://www.ncdot.gov/projects/bonnerbridgereplace/. 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. 4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Coastal Barrier Resources Act [16 U.S.C. 3501- 3510]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Marine Mammal Protection Act [16 U.S.C. 1361-1407]; Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712]; Magnuson-Stevenson Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966 [16 U.S.C. 470(f)]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]. [[Page 4453]] 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)- 300(j)(6)]; 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. 3921, 3931]; TEA-21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001-4128]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; Superfund Amendments and Reauthorization Act of 1986 (SARA; 42 U.S.C. 11011 et seq.); Resource Conservation and Recovery Act (RCRA) [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; and E.O. 13186--Responsibilities of Federal Agencies to Protect Migratory Birds. This notice does not apply to those pending environmental permitting decisions. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, 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: December 22, 2016. Clarence W. Coleman, Director of Preconstruction and Environment, Raleigh, North Carolina. [FR Doc. 2017-00554 Filed 1-12-17; 8:45 am] BILLING CODE 4910-RY-P
![4452 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices
9. Fish and Wildlife Coordination Act of review of a claim provides a time period approximately 1,400 feet west of the
1934, as amended of less than 150 days for filing such Pamlico Sound shoreline at its farthest
10. Noise Control Act of 1972 claim, then that shorter time period still point. The Rodanthe area was breached
11. Safe Drinking Water Act of 1944, as applies. as a result of Hurricane Irene in August
amended FOR FURTHER INFORMATION CONTACT: For 2011 and remains susceptible to
12. Executive Order 11990—Protection FHWA: Clarence W. Coleman, P.E., breaches at the south end of the Refuge
of Wetlands Director of Preconstruction and and Rodanthe, as well as the Rodanthe
13. Executive Order 11988 Floodplain Environment, Federal Highway ‘S’ Curves Hot Spot that experiences
Management Administration, North Carolina high erosion rates.
14. Executive Order 13112, Invasive Division, 310 New Bern Avenue, Suite The FHWA’s action, related actions
Species 410, Raleigh, North Carolina 27601– by other Federal agencies and the laws
15. Executive Order 12898, Federal 1418; Telephone: (919) 747–7014; email: under which such actions were taken,
Actions to Address Environmental clarence.coleman@dot.gov. FHWA are described in the Final
Justice and Low-Income North Carolina Division Office’s normal Environmental Impact Statement (FEIS)/
Populations business hours are 8 a.m. to 5 p.m. Final Section 4(f) Evaluation for the
16. Title VI of Civil Rights Act 1964, as project, approved on September 17,
(Eastern Time). For the North Carolina
amended 2008; the Revised Final Section 4(f)
Department of Transportation (NCDOT):
17. Clean Air Act of 1963, as amended Evaluation, approved on October 9,
Rodger Rochelle, Director of Technical
(Catalog of Federal Domestic Assistance Services, North Carolina Department of 2009; the Environmental Assessment,
Program Number 20.205, Highway Planning Transportation (NCDOT), 1548 Mail approved on May 7, 2010; the FHWA
and Construction. The regulations
Service Center, Raleigh, North Carolina ROD approved on December 20, 2010
implementing Executive Order 12372 for Phase I and the PBC/TMP for the
regarding intergovernmental consultation on 27699–1548; Telephone (919) 707–2900;
email: rdrochelle@ncdot.gov. NCDOT remainder of the project; the Phase IIb
Federal programs and activities apply to this Environmental Assessment, approved
program.) Technical Services Division Office’s
normal business hours are 8 a.m. to 5 December 3, 2013; a Revised Phase IIb
Authority: 23 U.S.C. 139(l)(1). Environmental Assessment, approved
p.m. (Eastern Time).
Issued on: January 3, 2017. May 24, 2016, the FHWA ROD for Phase
SUPPLEMENTARY INFORMATION: Notice is
Matt Schmitz, IIb approved on December 15, 2016 and
hereby given that FHWA has taken final
Director, Project Delivery, Federal Highway other documents in the project file. The
agency action by issuing a Record of
Administration, Sacramento, California. above documents are available for
Decision (ROD) for the following
[FR Doc. 2017–00662 Filed 1–12–17; 8:45 am] review by contacting the FHWA or the
highway project in the State of North
NCDOT at the addresses provided
BILLING CODE 4910–RY–P Carolina: Rodanthe Breach Long-Term
above. In addition, these documents can
Improvements for Phase IIb of the
be viewed and downloaded from the
Bonner Bridge Replacement Project
DEPARTMENT OF TRANSPORTATION project Web site at http://
along Highway NC 12 in Dare County,
www.ncdot.gov/projects/
North Carolina. The project is also
Federal Highway Administration bonnerbridgereplace/.
known as State Transportation This notice applies to all Federal
Notice of Final Federal Agency Actions Improvement Program (STIP) Project B– agency decisions as of the issuance date
on Proposed Highway in North 2500B, and is part of the second phase of this notice and all laws under which
Carolina (Phase IIb) of the Parallel Bridge such actions were taken, including but
Corridor/Transportation Management not limited to:
AGENCY: Federal Highway Plan (PBC/TMP), which was identified 1. General: National Environmental
Administration (FHWA), DOT. as the selected alternative for the Policy Act (NEPA) [42 U.S.C. 4321–
ACTION: Notice of limitations on claims Bonner Bridge Replacement Project 4351]; Federal-Aid Highway Act [23
for judicial review of actions by FHWA (STIP No. B–2500) in the Record of U.S.C. 109 and 23 U.S.C. 128].
and other federal agencies. Decision (ROD) approved by FHWA on 2. Air: Clean Air Act [42 U.S.C. 7401–
December 20, 2010. The NC 12 PBC/ 7671(q)].
SUMMARY: This notice announces action TMP addresses the length of the entire 3. Land: Section 4(f) of the
taken by the FHWA and other federal project for STIP No. B–2500, from the Department of Transportation Act of
agencies that is final within the meaning Village of Rodanthe to Bodie Island. The 1966 [49 U.S.C. 303]; Coastal Barrier
of 23 U.S.C. 139(l)(1). This final agency TMP is guiding the implementation of Resources Act [16 U.S.C. 3501–3510].
action relates to a proposed highway future phases of the project through 4. Wildlife: Endangered Species Act
project, Bonner Bridge Replacement 2060. [16 U.S.C. 1531–1544]; Marine Mammal
Project along NC 12, from Rodanthe to Located along the Outer Banks of Protection Act [16 U.S.C. 1361–1407];
Bodie Island in Dare County, North North Carolina, the selected alternative Anadromous Fish Conservation Act [16
Carolina. The FHWA’s Record of for Phase IIb is approximately 2.8 miles U.S.C. 757(a)–757(g)]; Fish and Wildlife
Decision (ROD) identifies the Bridge on in length, including a 2.4-mile long Coordination Act [16 U.S.C. 661–
New Location as the selected alternative bridge on new location. The proposed 667(d)]; Migratory Bird Treaty Act [16
for Phase IIb (Rodanthe Breach) of the alignment for NC 12 would leave the U.S.C. 703–712]; Magnuson-Stevenson
Bonner Bridge Replacement Project. existing NC 12 alignment within the Pea
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Fishery Conservation and Management
DATES: By this notice, the FHWA is Island National Wildlife Refuge at a Act [16 U.S.C. 1801 et seq.].
advising the public of final agency point approximately 1.8 miles north of 5. Historic and Cultural Resources:
actions subject to 23 U.S.C. 139(l)(1). A the Refuge boundary and enter Pamlico Section 106 of the National Historic
claim seeking judicial review of the Sound. The bridge would be in Pamlico Preservation Act of 1966 [16 U.S.C.
Federal agency actions on the highway Sound until a point north of the 470(f)].
project will be barred unless the claim Rodanthe emergency ferry terminal, 6. Social and Economic: Civil Rights
is filed on or before June 12, 2017. If the where NC 12 would turn east and enter Act of 1964 [42 U.S.C. 2000(d)–
Federal law that authorizes judicial Rodanthe. The bridge extends 2000(d)(1)].
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![Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices 4453
7. Wetlands and Water Resources: DEPARTMENT OF TRANSPORTATION 211.45(e) and (f). Specific instructions
Clean Water Act (Section 404, Section for filing petitions for emergency
401, Section 319) [33 U.S.C. 1251– Federal Railroad Administration waivers under 49 CFR 211.45 are found
1377]; Coastal Barrier Resources Act [16 at 49 CFR 211.45(f). Specific
[Docket No. FRA–2017–0001]
U.S.C. 3501–3510]; Coastal Zone instructions for filing comments in
Management Act [16 U.S.C. 1451–1465]; Establishment of an Emergency Relief response to petitions for emergency
Land and Water Conservation Fund Docket for Calendar Year 2017 waivers are at 49 CFR 211.45(h).
(LWCF) [16 U.S.C. 4601–4604]; Safe Anyone can search the electronic
AGENCY: Federal Railroad form of any written communications
Drinking Water Act (SDWA) [42 U.S.C.
Administration (FRA), Department of and comments received regarding any of
300(f)–300(j)(6)]; Rivers and Harbors Act
Transportation (DOT). our dockets by the name of the
of 1899 [33 U.S.C. 401–406]; Wild and
ACTION: Notice of establishment of individual submitting the comment (or
Scenic Rivers Act [16 U.S.C. 1271–
public docket. signing the document, if submitted on
1287]; Emergency Wetlands Resources
behalf of an association, business, labor
Act [16 U.S.C. 3921, 3931]; TEA–21 SUMMARY: This Notice announces the union, etc.). In accordance with 5 U.S.C.
Wetlands Mitigation [23 U.S.C. establishment of FRA’s emergency relief 553(c), DOT solicits comments from the
103(b)(6)(m), 133(b)(11)]; Flood Disaster docket (ERD) for calendar year 2017. public to better inform its processes.
Protection Act [42 U.S.C. 4001–4128]. The designated ERD for calendar year DOT posts these comments, without
8. Hazardous Materials: 2017 is Docket Number FRA–2017– edit, including any personal information
Comprehensive Environmental 0001. the commenter provides, to
Response, Compensation, and Liability SUPPLEMENTARY INFORMATION: On May www.regulations.gov, as described in
Act (CERCLA) [42 U.S.C. 9601–9675]; 19, 2009, FRA published a direct final the system of records notice (DOT/ALL–
Superfund Amendments and rule establishing ERDs and the 14 FDMS), which can be reviewed at
Reauthorization Act of 1986 (SARA; 42 procedures for handling petitions for https://www.transportation.gov/privacy.
U.S.C. 11011 et seq.); Resource emergency waivers of safety rules, See also https://www.regulations.gov/
Conservation and Recovery Act (RCRA) regulations, or standards during an privacyNotice for the privacy notice of
[42 U.S.C. 6901–6992(k)]. emergency situation or event. 74 FR regulations.gov.
9. Executive Orders: E.O. 11990 23329. The direct final rule became Robert C. Lauby,
effective on July 20, 2009, and made
Protection of Wetlands; E.O. 11988 Associate Administrator for Railroad Safety,
minor modifications to 49 CFR 211.45 Chief Safety Officer.
Floodplain Management; E.O. 12898,
in FRA’s Rules of Practice in 49 CFR
Federal Actions to Address [FR Doc. 2017–00691 Filed 1–12–17; 8:45 am]
part 211. Section 211.45(b) provides that
Environmental Justice in Minority each calendar year FRA will establish
BILLING CODE 4910–06–P
Populations and Low Income an ERD in the publicly accessible DOT
Populations; E.O. 11593 Protection and docket system (available at http://
Enhancement of Cultural Resources; DEPARTMENT OF TRANSPORTATION
www.regulations.gov). Section 211.45(b)
E.O. 13007 Indian Sacred Sites; E.O. further provides that FRA will publish Federal Railroad Administration
13287 Preserve America; E.O. 13175 a notice in the Federal Register
Consultation and Coordination with identifying by docket number the ERD [Docket Number FRA–2002–11896]
Indian Tribal Governments; E.O. 11514 for that year. FRA established the ERD Petition for Waiver of Compliance
Protection and Enhancement of and emergency waiver procedures to
Environmental Quality; E.O. 13112 provide an expedited process for FRA to In accordance with part 211 of Title
Invasive Species; and E.O. 13186— address the needs of the public and the 49 of the Code of Federal Regulations
Responsibilities of Federal Agencies to railroad industry during emergency (CFR), this document provides the
Protect Migratory Birds. situations or events. This Notice public notice that by a document dated
This notice does not apply to those announces the designated ERD for December 5, 2016, Norfolk Southern
pending environmental permitting calendar year 2017 is Docket Number Corporation (NS) has petitioned the
FRA–2017–0001. Federal Railroad Administration (FRA)
decisions. (Catalog of Federal Domestic
As detailed in Section 211.45, if the for a waiver of compliance from certain
Assistance Program Number 20.205,
FRA Administrator determines an provisions of the Federal railroad safety
Highway Research, Planning and
emergency event as defined in 49 CFR regulations contained at 49 CFR part
Construction. The regulations 211.45(a) has occurred, or that an 231. FRA assigned the petition Docket
implementing Executive Order 12372 imminent threat of such an emergency Number FRA–2002–11896.
regarding intergovernmental occurring exists, and public safety In its petition, NS requested that the
consultation on Federal programs and would benefit from providing the FRA extend its existing waiver of
activities apply to this program.) railroad industry with operational relief, compliance from certain provisions of
Authority: 23 U.S.C. 139(l)(1). the emergency waiver procedures of 49 49 CFR part 231 for an additional 5
CFR 211.45 will go into effect. In such years, permitting NS’s Triple Crown
Issued on: December 22, 2016.
an event, the FRA Administrator will Service to continue to operate
Clarence W. Coleman, issue a statement in the ERD indicating RoadRailer® trains.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Director of Preconstruction and Environment, the emergency waiver procedures are in A copy of the petition, as well as any
Raleigh, North Carolina. effect and FRA will make every effort to written communications concerning the
[FR Doc. 2017–00554 Filed 1–12–17; 8:45 am] post the statement on its Web site at petition, is available for review online at
BILLING CODE 4910–RY–P http://www.fra.dot.gov. Any party www.regulations.gov and in person at
desiring relief from FRA regulatory the U.S. Department of Transportation’s
requirements as a result of the (DOT) Docket Operations Facility, 1200
emergency should submit a petition for New Jersey Ave. SE., W12–140,
emergency waiver under 49 CFR Washington, DC 20590. The Docket
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Document Created: 2017-01-13 02:44:55
Document Modified: 2017-01-13 02:44:55
| 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 FHWA and other federal agencies. | |
| 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 June 12, 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: Clarence W. Coleman, P.E., Director of Preconstruction and Environment, Federal Highway Administration, North Carolina Division, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-7014; email: [email protected] FHWA North Carolina Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the North Carolina Department of Transportation (NCDOT): Rodger Rochelle, Director of Technical Services, North Carolina Department of Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North Carolina 27699-1548; Telephone (919) 707-2900; email: [email protected] NCDOT Technical Services Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). | |
| FR Citation | 82 FR 4452 |
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