82_FR_52985 82 FR 52767 - Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in California; Statute of Limitations on Claims

82 FR 52767 - Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in California; Statute of Limitations on Claims

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range52767-52767
FR Document2017-24625

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final. The actions relate to the proposed highway project, Alameda Creek Bridge Replacement Project on State Route 84 (SR-84) between the City of Fremont and the town of Sunol in southern Alameda County, State of California. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 218 (Tuesday, November 14, 2017)
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Page 52767]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24625]



[[Page 52767]]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions of Proposed Highway/
Interchange Improvement in California; Statute of Limitations on Claims

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.

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, that are final. The actions relate 
to the proposed highway project, Alameda Creek Bridge Replacement 
Project on State Route 84 (SR-84) between the City of Fremont and the 
town of Sunol in southern Alameda County, 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 April 13, 
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: Brian Gassner, 
Environmental Branch Chief, Office of Environmental Analysis, 
California Department of Transportation--District 4, 111 Grand Avenue, 
Oakland, California, 8 a.m. to 5 p.m., (510) 286-6025, 
brian.gassner@dot.ca.gov.

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 
Caltrans, 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. Caltrans proposes to replace the 
Alameda Creek Bridge and realign the bridge approaches on SR-84 from 
postmile 13.0 to 13.6. The project would replace the existing 1928, 
two-lane bridge with a new, two-lane structure with standard eight-foot 
wide shoulders, approximately 75 feet north of the existing bridge. The 
purpose of this project is to correct structural and geometric 
deficiencies of the Alameda Creek Bridge and its approaches while 
providing a facility that meets driver expectations of SR-84's 
operating speed, all of which improve safety. The actions by the 
Federal agencies, and the laws under which such actions were taken, are 
described in the Final Environmental Impact Report (EIR)/Environmental 
Assessment (EA) for the project, approved on September 25, 2017, and in 
the Caltrans Finding of No Significant Impact (FONSI) issued on August 
16, 2017, and in other documents in the Caltrans project records. The 
Final EIR/EA, FONSI, and other project records are available by 
contacting Caltrans at the address provided above. The Caltrans Final 
EIR/EA and FONSI can be viewed and downloaded from the project Web site 
at http://www.dot.ca.gov/d4/envdocs.htm. 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) Moving Ahead for Progress in the 21st Century Act (MAP-21);
    (4) Department of Transportation Act of 1966;
    (5) Federal Aid Highway Act of 1970;
    (6) Clean Air Act Amendments of 1990;
    (7) Noise Control Act of 1970;
    (8) 23 CFR part 772 FHWA Noise Standards, Policies and Procedures;
    (9) Department of Transportation Act of 1966, Section 4(f);
    (10) Clean Water Act of 1977 and 1987;
    (11) Endangered Species Act of 1973;
    (12) Migratory Bird Treaty Act;
    (13) National Historic Preservation Act of 1966, as amended;
    (14) Historic Sites Act of 1935;
    (15) Executive Order 13112, Invasive Species;
    (16) Executive Order 11990--Protection of Wetlands; and
    (17) Title VI of the Civil Rights Act of 1964, 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 J. Clemons,
Director of Program Development Federal Highway Administration, 
Sacramento, CA.
[FR Doc. 2017-24625 Filed 11-13-17; 8:45 am]
 BILLING CODE 4910-RY-P



                                                                          Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices                                           52767

                                               DEPARTMENT OF TRANSPORTATION                            geometric deficiencies of the Alameda                 DEPARTMENT OF TRANSPORTATION
                                                                                                       Creek Bridge and its approaches while
                                               Federal Highway Administration                          providing a facility that meets driver                Federal Motor Carrier Safety
                                                                                                       expectations of SR–84’s operating                     Administration
                                               Notice of Final Federal Agency Actions                  speed, all of which improve safety. The
                                               of Proposed Highway/Interchange                                                                               [Docket No. FMCSA–2017–0190]
                                                                                                       actions by the Federal agencies, and the
                                               Improvement in California; Statute of                   laws under which such actions were                    Hours of Service of Drivers:
                                               Limitations on Claims                                   taken, are described in the Final                     Application for Exemption; Rail
                                               AGENCY:  Federal Highway                                Environmental Impact Report (EIR)/                    Delivery Services, Inc. (RDS)
                                               Administration (FHWA), DOT.                             Environmental Assessment (EA) for the
                                                                                                       project, approved on September 25,                    AGENCY:  Federal Motor Carrier Safety
                                               ACTION: Notice of limitation on claims
                                                                                                       2017, and in the Caltrans Finding of No               Administration (FMCSA), DOT.
                                               for judicial review of actions by the
                                               California Department of Transportation                 Significant Impact (FONSI) issued on                  ACTION: Notice of final disposition; grant
                                               (Caltrans), pursuant to 23 U.S.C. 327.                  August 16, 2017, and in other                         of application for exemption.
                                                                                                       documents in the Caltrans project
                                               SUMMARY:    The FHWA, on behalf of                      records. The Final EIR/EA, FONSI, and                 SUMMARY:   FMCSA announces its
                                               Caltrans, is issuing this notice to                     other project records are available by                decision to grant Rail Delivery Services,
                                               announce actions taken by Caltrans, that                contacting Caltrans at the address                    Inc. (RDS), an exemption from the
                                               are final. The actions relate to the                    provided above. The Caltrans Final EIR/               logbook requirements for its drivers who
                                               proposed highway project, Alameda                       EA and FONSI can be viewed and                        may not meet all of the conditions for
                                               Creek Bridge Replacement Project on                     downloaded from the project Web site at               utilization of the 100 air-mile radius log
                                               State Route 84 (SR–84) between the City                 http://www.dot.ca.gov/d4/envdocs.htm.                 book exemption. This exemption
                                               of Fremont and the town of Sunol in                     This notice applies to all Federal agency             enables RDS’ drivers who stay within
                                               southern Alameda County, State of                       decisions as of the issuance date of this             the 100 air-mile radius, but may
                                               California. Those actions grant licenses,               notice and all laws under which such                  occasionally take more than 12 hours to
                                               permits, and approvals for the project.                 actions were taken, including but not                 return to their work-reporting location,
                                               DATES: By this notice, the FHWA, on                     limited to:                                           from having to complete a daily record
                                               behalf of Caltrans, is advising the public                (1) Council on Environmental Quality                of duty status (RODS) on those days.
                                               of final agency actions subject to 23                   regulations;                                          Instead the drivers will at all times use
                                               U.S.C. 139(l)(1). A claim seeking                         (2) National Environmental Policy Act               an electronic logging device system
                                               judicial review of the Federal Agency                   (NEPA);                                               called Geotab to track all hours-of-
                                               Actions on the highway project will be                    (3) Moving Ahead for Progress in the                service (HOS) data including real-time
                                               barred unless the claim is filed on or                  21st Century Act (MAP–21);                            vehicle locations. FMCSA has analyzed
                                               before April 13, 2018. If the Federal law                 (4) Department of Transportation Act                the exemption application and the
                                               that authorizes judicial review of a                    of 1966;                                              public comments and has determined
                                               claim provides a time period of less                      (5) Federal Aid Highway Act of 1970;                that the exemption, subject to the terms
                                               than 150 days for filing such claim, then                 (6) Clean Air Act Amendments of                     and conditions imposed, is likely to
                                               that shorter time period still applies.                 1990;                                                 achieve a level of safety that is
                                                                                                         (7) Noise Control Act of 1970;                      equivalent to, or greater than, the level
                                               FOR FURTHER INFORMATION CONTACT: For                      (8) 23 CFR part 772 FHWA Noise                      that would be achieved absent such
                                               Caltrans: Brian Gassner, Environmental                  Standards, Policies and Procedures;                   exemption.
                                               Branch Chief, Office of Environmental                     (9) Department of Transportation Act
                                               Analysis, California Department of                      of 1966, Section 4(f);                                DATES:  The exemption is applicable
                                               Transportation—District 4, 111 Grand                      (10) Clean Water Act of 1977 and                    from 12:01 a.m., November 14, 2017
                                               Avenue, Oakland, California, 8 a.m. to                  1987;                                                 through 11:59 p.m., November 14, 2022.
                                               5 p.m., (510) 286–6025, brian.gassner@                    (11) Endangered Species Act of 1973;                FOR FURTHER INFORMATION CONTACT: Mr.
                                               dot.ca.gov.                                               (12) Migratory Bird Treaty Act;                     Thomas Yager, Chief, FMCSA Driver
                                               SUPPLEMENTARY INFORMATION: Effective                      (13) National Historic Preservation                 and Carrier Operations Division; Office
                                               July 1, 2007, the Federal Highway                       Act of 1966, as amended;                              of Carrier, Driver and Vehicle Safety
                                               Administration (FHWA) assigned, and                       (14) Historic Sites Act of 1935;                    Standards; Telephone: 614–942–6477.
                                               the California Department of                              (15) Executive Order 13112, Invasive                Email: MCPSD@dot.gov.
                                               Transportation (Caltrans) assumed,                      Species;
                                                                                                         (16) Executive Order 11990—                         SUPPLEMENTARY INFORMATION:
                                               environmental responsibilities for this
                                                                                                       Protection of Wetlands; and                           Background
                                               project pursuant to 23 U.S.C. 327.                        (17) Title VI of the Civil Rights Act of
                                               Notice is hereby given that Caltrans, has               1964, as amended.                                        FMCSA has authority under 49 U.S.C.
                                               taken final agency actions subject to 23                                                                      31136(e) and 31315 to grant exemptions
                                               U.S.C. 139(l)(1) by issuing licenses,                   (Catalog of Federal Domestic Assistance               from the Federal Motor Carrier Safety
                                               permits, and approvals for the following                Program Number 20.205, Highway Planning
                                                                                                                                                             Regulations. FMCSA must publish a
                                                                                                       and Construction. The regulations
                                               highway project in the State of                         implementing Executive Order 12372                    notice of each exemption request in the
                                               California. Caltrans proposes to replace                regarding intergovernmental consultation on           Federal Register (49 CFR 381.315(a)).
                                               the Alameda Creek Bridge and realign                    Federal Programs and activities apply to this         The Agency must provide the public an
                                               the bridge approaches on SR–84 from                     program.)                                             opportunity to inspect the information
ethrower on DSK3G9T082PROD with NOTICES




                                               postmile 13.0 to 13.6. The project would                  Authority: 23 U.S.C. 139(l)(1).                     relevant to the application, including
                                               replace the existing 1928, two-lane                                                                           any safety analyses that have been
                                               bridge with a new, two-lane structure                   Tashia J. Clemons,                                    conducted. The Agency must also
                                               with standard eight-foot wide shoulders,                Director of Program Development Federal               provide an opportunity for public
                                               approximately 75 feet north of the                      Highway Administration, Sacramento, CA.               comment on the request.
                                               existing bridge. The purpose of this                    [FR Doc. 2017–24625 Filed 11–13–17; 8:45 am]             The Agency reviews the safety
                                               project is to correct structural and                    BILLING CODE 4910–RY–P                                analyses and the public comments, and


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Document Created: 2018-10-25 10:33:49
Document Modified: 2018-10-25 10:33:49
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.
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 April 13, 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: Brian Gassner, Environmental Branch Chief, Office of Environmental Analysis, California Department of Transportation--District 4, 111 Grand Avenue, Oakland, California, 8 a.m. to 5 p.m., (510) 286-6025, [email protected]
FR Citation82 FR 52767 

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