82 FR 55152 - Notice of Final Federal Agency Action on Proposed Highway in Arizona
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 82, Issue 222 (November 20, 2017)
Federal Highway Administration
Federal Register Volume 82, Issue 222 (November 20, 2017)
| Page Range | 55152-55153 | |
| FR Document | 2017-25069 |
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)] [Notices] [Pages 55152-55153] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25069] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Action on Proposed Highway in Arizona AGENCY: Federal Highway Administration (FHWA); DOT; U.S. Army Corps of Engineers (USACE). ACTION: Notice of limitation on claims for judicial review of actions by the USACE. ----------------------------------------------------------------------- SUMMARY: The FHWA is issuing this notice to announce action taken by the USACE that are final within the meaning of the United States Code. The action relates to the construction of the South Mountain Freeway/ Loop 202 Project (Project) in Maricopa County, in the Phoenix Metropolitan Area, in the State of Arizona. The USACE granted a Department of the Army permit, pursuant to Section 404 of the Clean Water Act, as amended, authorizing the Arizona Department of Transportation (AZDOT) to discharge dredged or fill material into Waters of the United States at specified locations related to the 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 identified Federal agency action related to the Project will be barred unless the claim is filed on or before April 19, 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 FHWA: Mr. Alan Hansen, Team Leader Planning, Environment, Air Quality, and Realty Team, Federal Highway Administration, 4000 N. Central Avenue, Suite 1500, Phoenix, Arizona 85012-3500; telephone: (602) 379-3646, fax: (602) 382-8998, email: [email protected]. The FHWA Arizona Division Office's normal business hours are 7:30 a.m. to 4 p.m. (Mountain Standard Time). For USACE: Department of the Army, Los Angeles District, U.S. Army Corps of Engineers Regulatory Division, Attn: David Castanon, Regulatory Division Chief, 915 Wilshire Blvd., Los Angeles, CA 90017; email: [email protected]; telephone: (213) 452-3406. For AZDOT: Julie Gadsby, Asst. District Engineer, Arizona Department of Transportation, 2140 Hilton Ave., Phoenix, AZ 85009; email: [email protected]; telephone: (602) 712-7677. SUPPLEMENTARY INFORMATION: Notice is hereby given that USACE has taken final agency action by issuing certain approval related to the Project. The action related the Project, as well as the laws under which such actions were taken, are described in the Department of the Army Permit and related documents in the USACE administrative record for the permit action. Interested parties may contact the USACE Los Angeles District Regulatory Division Office for more information on the USACE's permit decision. Contact information for the appropriate USACE representative is above. This notice applies to all claims seeking judicial review of the Department of the Army permit, and all laws under which such action was taken, including, but not limited to the National Environmental Policy Act [42 U.S.C. 4321-4375], the Clean Water Act and the Federal Water Pollution Control Act [33 U.S.C. 1251-1388]. This notice does not, however, alter or extend the limitations period for challenges of Project decisions subject to the Federal Highway Administration notice regarding the Project published in the Federal Register on March 5, 2015 pursuant to Section 139 of Title 23 United States Code. The Project and actions that are the subject of this notice are: Project name and location: South Mountain Freeway/Loop 202, Maricopa County, AZ. Project Sponsor: The Arizona Department of Transportation (AZDOT). Project description: The Project includes the construction and operation of a 22-mile, eight-lane highway connecting Interstate 10 (Papago Freeway) to Interstate 10 (Maricopa Freeway). The Project begins in the Eastern portion at the intersection of Interstate 10 and State Route 202 near 41st Street in Chandler Arizona and continues generally westward along the existing Pecos Road, bordering the Gila River Indian Community's lands. The Project continues through a portion of the South Mountain Park/Preserve, as it turns north, roughly following 59th Avenue until it connects to Interstate 10 just north of Van Buren Street. Portions of the Project will pass through Laveen and Estrella villages in the west and will border both the Desert Foothills and Ahwatukee communities in the East. The Project includes approximately 15 interchanges, including two direct connections to Interstate 10 East and Loop 202 (Santan Freeway), in addition to a shared-use path, multi-use underpass crossings, a pedestrian bridge near Elwood Street, and two 2,700 foot long bridge crossings of the Salt River, as well as widening and improvements to Interstate 10 East. Final agency actions: Department of the Army permit issued pursuant to Section 404 Clean Water Act effective November 9, 2017. Supporting documentation: USACE Record of Decision issued November 9, 2017. The USACE decision and permit No. SPL-2202-00055 are available by contacting USACE at the address provided above, and can be viewed and downloaded from http://www.spl.usace.army.mil/Missions/Regulatory/Projects-Programs/. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which the final action was taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351]. 2. Air: Clean Air Act [42 U.S.C. 7506(c)]. [[Page 55153]] 3. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661- 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712]. 4. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 306108 et seq.]. 5. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]. 6. Water: Clean Water Act [33 U.S.C. 1251-1387]. 7. 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. (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: November 14, 2017. Karla S. Petty, Division Administrator. [FR Doc. 2017-25069 Filed 11-17-17; 8:45 am] BILLING CODE P
![55152 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices
West Building Ground Floor at 1200 (AZDOT) to discharge dredged or fill Project decisions subject to the Federal
New Jersey Avenue SE., Washington, material into Waters of the United States Highway Administration notice
DC, between 9 a.m. and 5 p.m., Monday at specified locations related to the regarding the Project published in the
through Friday, except Federal holidays. Project. Federal Register on March 5, 2015
FOR FURTHER INFORMATION CONTACT: Jake DATES: By this notice the FHWA is pursuant to Section 139 of Title 23
Troutman (202) 683–7788, Office of advising the public of final agency United States Code.
Rulemaking, Federal Aviation actions subject to 23 U.S.C. 139(l)(1). A The Project and actions that are the
Administration, 800 Independence claim seeking judicial review of the subject of this notice are:
Avenue SW., Washington, DC 20591. identified Federal agency action related Project name and location: South
This notice is published pursuant to to the Project will be barred unless the Mountain Freeway/Loop 202, Maricopa
14 CFR 11.85. claim is filed on or before April 19, County, AZ.
2018. If the Federal law that authorizes Project Sponsor: The Arizona
Issued in Washington, DC, on November Department of Transportation (AZDOT).
13, 2017. judicial review of a claim provides a
time period of less than 150 days for Project description: The Project
Lirio Liu,
filing such claim, then that shorter time includes the construction and operation
Director, Office of Rulemaking. of a 22-mile, eight-lane highway
period still applies.
Petition for Exemption FOR FURTHER INFORMATION CONTACT: connecting Interstate 10 (Papago
Docket No.: FAA–2017–0540. For FHWA: Mr. Alan Hansen, Team Freeway) to Interstate 10 (Maricopa
Petitioner: Bell Helicopter Textron. Leader Planning, Environment, Air Freeway). The Project begins in the
Section(s) of 14 CFR Affected: Quality, and Realty Team, Federal Eastern portion at the intersection of
§§ 61.113(a) and (b), 91.121, 91.151(a), Highway Administration, 4000 N. Interstate 10 and State Route 202 near
91.119(c). Central Avenue, Suite 1500, Phoenix, 41st Street in Chandler Arizona and
Description of Relief Sought: The Arizona 85012–3500; telephone: (602) continues generally westward along the
petitioner is seeking an exemption in 379–3646, fax: (602) 382–8998, email: existing Pecos Road, bordering the Gila
conjunction with obtaining a Special Alan.Hansen@dot.gov. The FHWA River Indian Community’s lands. The
Airworthiness Certificate Arizona Division Office’s normal Project continues through a portion of
(Experimental—Research and business hours are 7:30 a.m. to 4 p.m. the South Mountain Park/Preserve, as it
Development) for the Model SFV (Mountain Standard Time). turns north, roughly following 59th
Unmanned Aircraft System (UAS) for For USACE: Department of the Army, Avenue until it connects to Interstate 10
research and development purposes and Los Angeles District, U.S. Army Corps just north of Van Buren Street. Portions
subsequently for marketing purposes. of Engineers Regulatory Division, Attn: of the Project will pass through Laveen
Bell intends to operate the SFV UAS in David Castanon, Regulatory Division and Estrella villages in the west and will
Class G airspace with an altitude Chief, 915 Wilshire Blvd., Los Angeles, border both the Desert Foothills and
envelope of not greater than 400 feet CA 90017; email: david.j.castanon@ Ahwatukee communities in the East.
above ground level (AGL) above an area usace.army.mil; telephone: (213) 452– The Project includes approximately 15
of Palo Pinto County, Texas, with 3406. interchanges, including two direct
ground elevation above mean sea level For AZDOT: Julie Gadsby, Asst. connections to Interstate 10 East and
(MSL) of approximately 1,050 feet. District Engineer, Arizona Department Loop 202 (Santan Freeway), in addition
[FR Doc. 2017–25048 Filed 11–17–17; 8:45 am] of Transportation, 2140 Hilton Ave., to a shared-use path, multi-use
Phoenix, AZ 85009; email: jgadsby@ underpass crossings, a pedestrian bridge
BILLING CODE 4910–13–P
azdot.gov; telephone: (602) 712–7677. near Elwood Street, and two 2,700 foot
SUPPLEMENTARY INFORMATION: Notice is long bridge crossings of the Salt River,
DEPARTMENT OF TRANSPORTATION hereby given that USACE has taken final as well as widening and improvements
agency action by issuing certain to Interstate 10 East.
Federal Highway Administration approval related to the Project. The Final agency actions: Department of
action related the Project, as well as the the Army permit issued pursuant to
Notice of Final Federal Agency Action laws under which such actions were Section 404 Clean Water Act effective
on Proposed Highway in Arizona taken, are described in the Department November 9, 2017.
AGENCY: Federal Highway of the Army Permit and related Supporting documentation: USACE
Administration (FHWA); DOT; U.S. documents in the USACE administrative Record of Decision issued November 9,
Army Corps of Engineers (USACE). record for the permit action. Interested 2017.
ACTION: Notice of limitation on claims parties may contact the USACE Los The USACE decision and permit No.
for judicial review of actions by the Angeles District Regulatory Division SPL–2202–00055 are available by
USACE. Office for more information on the contacting USACE at the address
USACE’s permit decision. Contact provided above, and can be viewed and
SUMMARY: The FHWA is issuing this information for the appropriate USACE downloaded from http://
notice to announce action taken by the representative is above. www.spl.usace.army.mil/Missions/
USACE that are final within the This notice applies to all claims Regulatory/Projects-Programs/.
meaning of the United States Code. The seeking judicial review of the This notice applies to all Federal
action relates to the construction of the Department of the Army permit, and all agency decisions as of the issuance date
South Mountain Freeway/Loop 202 laws under which such action was of this notice and all laws under which
nshattuck on DSK9F9SC42PROD with NOTICES
Project (Project) in Maricopa County, in taken, including, but not limited to the the final action was taken, including but
the Phoenix Metropolitan Area, in the National Environmental Policy Act [42 not limited to:
State of Arizona. The USACE granted a U.S.C. 4321–4375], the Clean Water Act 1. General: National Environmental
Department of the Army permit, and the Federal Water Pollution Control Policy Act (NEPA) [42 U.S.C. 4321–
pursuant to Section 404 of the Clean Act [33 U.S.C. 1251–1388]. This notice 4351].
Water Act, as amended, authorizing the does not, however, alter or extend the 2. Air: Clean Air Act [42 U.S.C.
Arizona Department of Transportation limitations period for challenges of 7506(c)].
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![Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55153
3. Wildlife: Endangered Species Act DATES: The effective date of the waiver items are not manufactured in the U.S.
[16 U.S.C. 1531–1544 and Section is November 21, 2017. in manner that the iron and steel
1536], Fish and Wildlife Coordination FOR FURTHER INFORMATION CONTACT: For complies with FHWA’s Buy America
Act [16 U.S.C. 661–667(d)], Migratory questions about this notice, please requirements: gantry motor, gantry
Bird Treaty Act [16 U.S.C. 703–712]. contact Mr. Gerald Yakowenko, FHWA motor brake, gantry gearbox couplings,
4. Historic and Cultural Resources: Office of Program Administration, (202) gantry gearbox, gantry wheel, gantry
Section 106 of the National Historic 366–1562, or via email at guide and thrust roller assembly, gantry
Preservation Act of 1966, as amended Gerald.Yakowenko@dot.gov. For legal rail brake hydraulic pump, gantry rail
[54 U.S.C. 306108 et seq.]. questions, please contact Mr. Jomar brake hydraulic solenoid, gantry oleo
5. Social and Economic: Civil Rights Maldonado, FHWA Office of the Chief bumper, trolley motor, trolley motor
Act of 1964 [42 U.S.C. 2000(d)– Counsel, 202–366–1373, or via email at brake, trolley motor gearbox coupling,
2000(d)(1)]; American Indian Religious Jomar.Maldonado@dot.gov. Office hours trolley motor gearbox, trolley wheel,
Freedom Act [42 U.S.C. 1996]. for the FHWA are from 8:00 a.m. to 4:30 trolley guide thrust roller assembly,
6. Water: Clean Water Act [33 U.S.C. p.m., E.T., Monday through Friday, trolley oleo bumper, hoist motor, hoist
1251–1387]. except Federal holidays. motor gearbox coupling, hoist gearbox,
7. Executive Orders: E.O. 11990 hoist gearbox hoist drum coupling, hoist
Protection of Wetlands; E.O. 11988 SUPPLEMENTARY INFORMATION:
brake thruster, hoist sheave, hoist
Floodplain Management; E.O. 12898, Electronic Access headblock sheave, slew motor, slew
Federal Actions to Address
An electronic copy of this document motor brake, slew motor gearbox
Environmental Justice in Minority
may be downloaded from the Federal coupling, slew gearbox, gantry cable
Populations and Low Income
Register’s home page at: http:// rear motor, gantry cable reel gearbox,
Populations; E.O. 11593 Protection and
www.archives.gov and the Government gantry cable reel brake assembly, gantry
Enhancement of Cultural Resources;
Publishing Office’s database at: http:// cable reel slip ring assembly, load cell
E.O. 13007 Indian Sacred Sites; E.O.
www.access.gpo.gov/nara. pin, and main power transformer. Based
13287 Preserve America; E.O. 13175
on all the information available to the
Consultation and Coordination with Background agency, FHWA concludes that there are
Indian Tribal Governments; E.O. 11514
The FHWA’s Buy America policy in no domestic manufacturers for these 33
Protection and Enhancement of
23 CFR 635.410 requires a domestic components of RMG cranes for use by
Environmental Quality; E.O. 13112
manufacturing process for any steel or the Georgia Ports Authority.
Invasive Species.
iron products (including protective Accordingly, the FHWA waives the Buy
(Catalog of Federal Domestic Assistance coatings) that are permanently America requirements for these 33
Program Number 20.205, Highway Planning incorporated in a Federal-aid components. This limited waiver does
and Construction. The regulations construction project. The regulation also
implementing Executive Order 12372
not include steel and iron components
regarding intergovernmental consultation on
provides for a waiver of the Buy of the RMG cranes that are available
Federal programs and activities apply to this America requirements when satisfactory with steel and iron produced
program.) quality domestic steel and iron products domestically, including the steel gantry
are not sufficiently available (non- structure.
Authority: 23 U.S.C. 139(l)(1).
availability). This notice provides This project will be completed under
Issued on: November 14, 2017. information regarding FHWA’s finding a Fostering Advancements in Shipping
Karla S. Petty, that a Buy America waiver is and Transportation for the Long-term
Division Administrator. appropriate for twenty-eight iron and Achievement of National Efficiencies,
[FR Doc. 2017–25069 Filed 11–17–17; 8:45 am] steel components of eight RMG cranes Significant Freight, and Highway
BILLING CODE P that will be procured by the Georgia Projects FY 2016 grant award
Ports Authority to increase intermodal (commonly referred to as FASTLANE
capacity at the Garden City Terminal in grants).
DEPARTMENT OF TRANSPORTATION Garden City, Georgia due to non-
availability. In accordance with the provisions of
Federal Highway Administration In accordance with the Consolidated section 117 of the SAFETEA–LU
Appropriations Act of 2017 (Pub. L. Technical Corrections Act of 2008
Buy America Waiver Notification 115–31), FHWA published a notice (Pub. L. 110–244, 122 Stat. 1572),
seeking comments on whether a waiver FHWA is providing this notice as its
AGENCY: Federal Highway
is appropriate on its Web site, https:// finding that a waiver of Buy America
Administration (FHWA), DOT.
www.fhwa.dot.gov/construction/ requirements is appropriate. The FHWA
ACTION: Notice.
contracts/waivers.cfm?id=150 on May 9. invites public comment on this finding
SUMMARY: This notice provides The FHWA received no comments in for an additional 15 days following the
information regarding FHWA’s finding response to the publication. effective date of the finding. Comments
that a Buy America waiver is The Georgia Ports Authority may be submitted to FHWA’s Web site
appropriate for 33 iron and steel commissioned an independent study via the link provided to the waiver page
components of Georgia Ports Authority- demonstrating that RMG cranes could noted above.
procured Rail Mounted Gantry (RMG) not be produced domestically. These Authority: 23 U.S.C. 313; Pub. L. 110–161,
cranes that will increase intermodal findings are consistent with past studies 23 CFR 635.410
nshattuck on DSK9F9SC42PROD with NOTICES
capacity at the Garden City Terminal in demonstrating that no RMG cranes
Issued on: November 13, 2017.
Garden City, Georgia. These iron and using 100 percent domestic steel and
steel components are not manufactured iron are reasonably available. Based on Brandye L. Hendrickson,
(from melting to coating) in the United vendor responses to the port’s Acting Administrator, Federal Highway
States in sufficient and reasonably procurement solicitation, some crane Administration.
available quantities and of a satisfactory components could be manufactured in [FR Doc. 2017–25074 Filed 11–17–17; 8:45 am]
quality. the U.S. However, the following 33 BILLING CODE 4910–22–P
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Document Created: 2018-10-25 10:40:54
Document Modified: 2018-10-25 10:40:54
| 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 the USACE. | |
| 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 identified Federal agency action related to the Project will be barred unless the claim is filed on or before April 19, 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 | For FHWA: Mr. Alan Hansen, Team Leader Planning, Environment, Air Quality, and Realty Team, Federal Highway Administration, 4000 N. Central Avenue, Suite 1500, Phoenix, Arizona 85012-3500; telephone: (602) 379-3646, fax: (602) 382-8998, email: [email protected] The FHWA Arizona Division Office's normal business hours are 7:30 a.m. to 4 p.m. (Mountain Standard Time). | |
| FR Citation | 82 FR 55152 |
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