83 FR 32707 - Notice of Final Federal Agency Actions on Proposed Highway in North Carolina
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 83, Issue 135 (July 13, 2018)
Federal Highway Administration
Federal Register Volume 83, Issue 135 (July 13, 2018)
| Page Range | 32707-32708 | |
| FR Document | 2018-14805 |
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)] [Notices] [Pages 32707-32708] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14805] ======================================================================= ----------------------------------------------------------------------- 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 are final. This final agency action relates to a proposed highway project, improvements to I-440 (Raleigh Beltline), from Walnut Street in Cary to Wade Avenue in Raleigh, Wake County, State of North Carolina. The FHWA's Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for the proposed improvements. 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 December 10, 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: 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: clarence.coleman@dot.gov. 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): Christopher M. Werner, P. E., Director of Technical Services, North Carolina Department of Transportation (NCDOT), 1 South Wilmington Street (Delivery), 1548 Mail Service Center, Raleigh, North Carolina 27699- 1548; Telephone (919) 707-2540, cmwerner@ncdot.gov, 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 a final agency action by issuing a Finding of No Significant Impact (FONSI) for the following highway project in the State of North Carolina: Improvements to I-440 (Raleigh Beltline), from Walnut Street in the Town of Cary to Wade Avenue in the City of Raleigh, Wake County. The length of the project is approximately 6.0 miles. The project proposes to widen I-440/US 1-64 from four lanes to six lanes, reconstruct interchanges, replace structures, and repair pavement conditions. The project is included in NCDOT's adopted 2018- 2027 State Transportation Improvement Plan (STIP) as project number U- 2719 and is scheduled for right of way acquisition and construction to begin in fiscal year 2019, being let as a design-build contract. The project is also included in the Capital Area Metropolitan Planning Organization Organization's (CAMPO) 2040 Metropolitan Transportation Plan (MTP) (April 2013) and 2045 MTP (February 19, 2018). The FHWA's action, related actions by other Federal agencies and the laws under which such actions were taken, are described in the Environmental Assessment (EA) approved on June 23, 2017, and the Finding of No Significant Impact (FONSI) approved on May 24, 2018, and other documents in the project file. The EA and FONSI are available for review by contacting FHWA or NCDOT at the addresses provided above. In addition, these documents can be viewed and downloaded from the project website at https://www.ncdot.gov/projects/i-440improvements/. 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]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531-1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 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 of 1976, as amended [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013]. 6. 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]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209]. 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, [[Page 32708]] 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); 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. (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: July 3, 2018. Clarence W. Coleman, Preconstruction and Environment Director, Raleigh, North Carolina. [FR Doc. 2018-14805 Filed 7-12-18; 8:45 am] BILLING CODE 4910-RY-P
![Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32707
exhibitions or venues yet to be DATES: By this notice, the FHWA is 2017, and the Finding of No Significant
determined, from on or about July 12, advising the public of final agency Impact (FONSI) approved on May 24,
2018, until on or about December 31, actions subject to 23 U.S.C. 139(l)(1). A 2018, and other documents in the
2019, is in the national interest. I also claim seeking judicial review of the project file. The EA and FONSI are
determine that the exhibition or display Federal agency actions on the highway available for review by contacting
of the second object at the Dallas project will be barred unless the claim FHWA or NCDOT at the addresses
Museum of Art, and at possible is filed on or before December 10, 2018. provided above. In addition, these
additional exhibitions or venues yet to If the Federal law that authorizes documents can be viewed and
be determined, from on or about July 12, judicial review of a claim provides a downloaded from the project website at
2018, until on or about May 16, 2021, time period of less than 150 days for https://www.ncdot.gov/projects/i-
is in the national interest. I have ordered filing such claim, then that shorter time 440improvements/. This notice applies
that Public Notice of these period still applies. to all Federal agency decisions as of the
determinations be published in the FOR FURTHER INFORMATION CONTACT: For issuance date of this notice and all laws
Federal Register. FHWA: Clarence W. Coleman, P. E., under which such actions were taken,
FOR FURTHER INFORMATION CONTACT: Director of Preconstruction and including but not limited to:
Elliot Chiu, Attorney-Adviser, Office of Environment, Federal Highway 1. General: National Environmental
the Legal Adviser, U.S. Department of Administration, North Carolina Policy Act (NEPA) [42 U.S.C. 4321–
State (telephone: 202–632–6471; email: Division, 310 New Bern Avenue, Suite 4351]; Federal-Aid Highway Act [23
section2459@state.gov). The mailing 410, Raleigh, North Carolina, 27601– U.S.C. 109 and 23 U.S.C. 128].
address is U.S. Department of State, L/ 2. Air: Clean Air Act [42 U.S.C. 7401–
1418; Telephone: (919) 747–7014; email:
PD, SA–5, Suite 5H03, Washington, DC 7671(q)].
clarence.coleman@dot.gov. FHWA 3. Land: Section 4(f) of the
20522–0505. North Carolina Division Office’s normal Department of Transportation Act of
SUPPLEMENTARY INFORMATION: The business hours are 8 a.m. to 5 p.m. 1966 [49 U.S.C. 303]; Landscaping and
foregoing determinations were made (Eastern Time). For the North Carolina Scenic Enhancement (Wildflowers) [23
pursuant to the authority vested in me Department of Transportation (NCDOT): U.S.C. 319].
by the Act of October 19, 1965 (79 Stat. Christopher M. Werner, P. E., Director of 4. Wildlife: Endangered Species Act
985; 22 U.S.C. 2459), E.O. 12047 of Technical Services, North Carolina (ESA) [16 U.S.C. 1531–1544 and Section
March 27, 1978, the Foreign Affairs Department of Transportation (NCDOT), 1536], Marine Mammal Protection Act
Reform and Restructuring Act of 1998 1 South Wilmington Street (Delivery), [16 U.S.C. 1361], Anadromous Fish
(112 Stat. 2681, et seq.; 22 U.S.C. 6501 1548 Mail Service Center, Raleigh, Conservation Act [16 U.S.C. 757(a)–
note, et seq.), Delegation of Authority North Carolina 27699–1548; Telephone 757(g)], Fish and Wildlife Coordination
No. 234 of October 1, 1999, Delegation (919) 707–2540, cmwerner@ncdot.gov, Act [16 U.S.C. 661–667(d)], Migratory
of Authority No. 236–3 of August 28, NCDOT Technical Services Division Bird Treaty Act [16 U.S.C. 703–712],
2000, and Delegation of Authority No. Office’s normal business hours are 8 Magnuson-Stevenson Fishery
236–10 of July 6, 2018. a.m. to 5 p.m. (Eastern Time). Conservation and Management Act of
Jennifer Z. Galt, SUPPLEMENTARY INFORMATION: Notice is 1976, as amended [16 U.S.C. 1801 et
Principal Deputy Assistant Secretary for hereby given that FHWA has taken a seq.].
Educational and Cultural Affairs, Department final agency action by issuing a Finding 5. Historic and Cultural Resources:
of State. of No Significant Impact (FONSI) for the Section 106 of the National Historic
[FR Doc. 2018–14988 Filed 7–12–18; 8:45 am] following highway project in the State Preservation Act of 1966, as amended
BILLING CODE 4710–05–P of North Carolina: Improvements to I– [16 U.S.C. 470(f) et seq.]; Archeological
440 (Raleigh Beltline), from Walnut Resources Protection Act of 1977 [16
Street in the Town of Cary to Wade U.S.C. 470(aa)–470(ll)]; Archeological
DEPARTMENT OF TRANSPORTATION Avenue in the City of Raleigh, Wake and Historic Preservation Act [16 U.S.C.
County. The length of the project is 469–469(c)]; Native American Grave
Federal Highway Administration approximately 6.0 miles. Protection and Repatriation Act
The project proposes to widen I–440/ (NAGPRA) [25 U.S.C. 3001–3013].
Notice of Final Federal Agency Actions US 1–64 from four lanes to six lanes, 6. Social and Economic: Civil Rights
on Proposed Highway in North reconstruct interchanges, replace Act of 1964 [42 U.S.C. 2000(d)–
Carolina structures, and repair pavement 2000(d)(1)]; American Indian Religious
AGENCY: Federal Highway conditions. The project is included in Freedom Act [42 U.S.C. 1996]; Farmland
Administration (FHWA), DOT. NCDOT’s adopted 2018–2027 State Protection Policy Act (FPPA) [7 U.S.C.
ACTION: Notice of limitations on claims
Transportation Improvement Plan 4201–4209].
(STIP) as project number U–2719 and is 7. Wetlands and Water Resources:
for judicial review of actions by FHWA,
scheduled for right of way acquisition Clean Water Act (Section 404, Section
and other federal agencies.
and construction to begin in fiscal year 401, Section 319)[33 U.S.C. 1251–1377];
SUMMARY: This notice announces action 2019, being let as a design-build Coastal Barrier Resources Act [16 U.S.C.
taken by the FHWA and other Federal contract. The project is also included in 3501–3510]; Coastal Zone Management
agencies that are final. This final agency the Capital Area Metropolitan Planning Act [16 U.S.C. 1451–1465]; Land and
action relates to a proposed highway Organization Organization’s (CAMPO) Water Conservation Fund (LWCF) [16
U.S.C. 4601–4604]; Safe Drinking Water
sradovich on DSK3GMQ082PROD with NOTICES
project, improvements to I–440 (Raleigh 2040 Metropolitan Transportation Plan
Beltline), from Walnut Street in Cary to (MTP) (April 2013) and 2045 MTP Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)];
Wade Avenue in Raleigh, Wake County, (February 19, 2018). Rivers and Harbors Act of 1899 [33
State of North Carolina. The FHWA’s The FHWA’s action, related actions U.S.C. 401–406]; Wild and Scenic
Finding of No Significant Impact by other Federal agencies and the laws Rivers Act [16 U.S.C. 1271–1287];
(FONSI) provides details on the under which such actions were taken, Emergency Wetlands Resources Act [16
Selected Alternative for the proposed are described in the Environmental U.S.C. 3921, 3931]; TEA–21 Wetlands
improvements. Assessment (EA) approved on June 23, Mitigation [23 U.S.C. 103(b)(6)(M,
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![32708 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
133(b)(11)]; Flood Disaster Protection because they are substantially similar to pursuant to the authority indicated at
Act [42 U.S.C. 4001–4128]. vehicles that were originally the end of this notice.
8. Hazardous Materials: manufactured for sale in the United All comments, background
Comprehensive Environmental States and that were certified by their documentation, and supporting
Response, Compensation, and Liability manufacturer as complying with the materials submitted to the docket may
Act (CERCLA) [42 U.S.C. 9601–9675]; safety standards (the U.S.-certified be viewed by anyone at the address and
Superfund Amendments and version of the 2014 BMW X3 MPV) and times given above. The documents may
Reauthorization Act of 1986 (SARA); they are capable of being readily altered also be viewed on the internet at https://
Resource Conservation and Recovery to conform to the standards. www.regulations.gov by following the
Act (RCRA) [42 U.S.C. 6901–6992(k)]. DATES: The closing date for comments online instructions for accessing the
9. Executive Orders: E.O. 11990 on the petition is August 13, 2018. dockets. The docket ID number for this
Protection of Wetlands; E.O. 11988 ADDRESSES: Interested persons are
petition is shown in the heading of this
Floodplain Management; E.O. 12898, invited to submit written data, views, notice.
Federal Actions to Address and arguments on this petition. DOT’s complete Privacy Act
Environmental Justice in Minority Comments must refer to the docket and Statement is available for review in a
Populations and Low-Income notice number cited in the title of this Federal Register notice published on
Populations; E.O. 11593 Protection and notice and may be submitted by any of April 11, 2000, (65 FR 19477–78).
Enhancement of Cultural Resources; the following methods: FOR FURTHER INFORMATION CONTACT:
E.O. 13007 Indian Sacred Sites; E.O. • Mail: Send comments by mail George Stevens, Office of Vehicle Safety
13287 Preserve America; E.O. 13175 addressed to U.S. Department of Compliance, NHTSA (202–366–5308).
Consultation and Coordination with Transportation, Docket Operations, M– SUPPLEMENTARY INFORMATION:
Indian Tribal Governments; E.O. 11514 30, West Building Ground Floor, Room I. History: Under 49 U.S.C.
Protection and Enhancement of W12–140, 1200 New Jersey Avenue SE, 30141(a)(1)(A), a motor vehicle that was
Environmental Quality; E.O. 13112 Washington, DC 20590. not originally manufactured to conform
Invasive Species. • Hand Delivery: Deliver comments to all applicable FMVSS shall be refused
(Catalog of Federal Domestic Assistance by hand to U.S. Department of admission into the United States unless
Program Number 20.205, Highway Planning Transportation, Docket Operations, M– NHTSA has decided that the motor
and Construction. The regulations 30, West Building Ground Floor, Room vehicle is substantially similar to a
implementing Executive Order 12372 W12–140, 1200 New Jersey Avenue SE, motor vehicle originally manufactured
regarding intergovernmental consultation on
Washington, DC 20590. The Docket for importation into and sale in the
Federal programs and activities apply to this
program.) Section is open on weekdays from 10 United States, certified under 49 U.S.C.
a.m. to 5 p.m. except Federal Holidays. 30115, and of the same model year as
Authority: 23 U.S.C. 139(l)(1) • Electronically: Submit comments the model of the motor vehicle to be
Issued on: July 3, 2018. electronically by logging onto the compared, and is capable of being
Federal Docket Management System readily altered to conform to all
Clarence W. Coleman,
(FDMS) website at https:// applicable FMVSS.
Preconstruction and Environment Director,
www.regulations.gov/. Follow the online Petitions for eligibility decisions may
Raleigh, North Carolina.
instructions for submitting comments. be submitted by either manufacturers or
[FR Doc. 2018–14805 Filed 7–12–18; 8:45 am]
• Comments may also be faxed to importers who have registered with
BILLING CODE 4910–RY–P
(202) 493–2251. NHTSA pursuant to 49 CFR part 592. As
Comments must be written in the specified in 49 CFR 593.7, NHTSA
English language, and be no greater than publishes notice in the Federal Register
DEPARTMENT OF TRANSPORTATION
15 pages in length, although there is no of each petition that it receives, and
National Highway Traffic Safety limit to the length of necessary affords interested persons an
Administration attachments to the comments. If opportunity to comment on the petition.
comments are submitted in hard copy At the close of the comment period,
[Docket No. NHTSA–2017–0029; Notice 1] form, please ensure that two copies are NHTSA decides, on the basis of the
provided. If you wish to receive petition and any comments that it has
Notice of Receipt of Petition for confirmation that comments you have received, whether the vehicle is eligible
Decision That Nonconforming Model submitted by mail were received, please for importation. The agency then
Year 2014 BMW X3 Multipurpose enclose a stamped, self-addressed publishes this decision in the Federal
Passenger Vehicles Are Eligible for postcard with the comments. Note that Register.
Importation all comments received will be posted II. Summary of Petition: Wallace
AGENCY: National Highway Traffic without change to https:// Environmental Testing Laboratories Inc.
Safety Administration (NHTSA), www.regulations.gov, including any (WETL) of Houston, Texas (Registered
Department of Transportation (DOT). personal information provided. Importer R–90–005) has petitioned
ACTION: Receipt of petition. All comments and supporting NHTSA to decide whether
materials received before the close of nonconforming 2014 BMW X3 MPVs are
SUMMARY: This document announces business on the closing date indicated eligible for importation into the United
receipt by the National Highway Traffic above will be filed in the docket and States. The vehicles which WETL
Safety Administration (NHTSA) of a will be considered. All comments and believes are substantially similar are MY
sradovich on DSK3GMQ082PROD with NOTICES
petition for a decision that model year supporting materials received after the 2014 BMW X3 MPVs sold in the United
(MY) 2014 BMW X3 multipurpose closing date will also be filed and will States and certified by their
passenger vehicles (MPVs) that were not be considered to the fullest extent manufacturer as conforming to all
originally manufactured to comply with possible. applicable FMVSS.
all applicable Federal motor vehicle When the petition is granted or The petitioner claims that it compared
safety standards (FMVSS), are eligible denied, notice of the decision will also non-U.S.-certified MY 2014 BMW X3
for importation into the United States be published in the Federal Register MPVs to their U.S.-certified
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Document Created: 2018-07-13 01:04:47
Document Modified: 2018-07-13 01:04:47
| 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 December 10, 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: 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: clarence.colem[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): Christopher M. Werner, P. E., Director of Technical Services, North Carolina Department of Transportation (NCDOT), 1 South Wilmington Street (Delivery), 1548 Mail Service Center, Raleigh, North Carolina 27699- 1548; Telephone (919) 707-2540, [email protected], NCDOT Technical Services Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). | |
| FR Citation | 83 FR 32707 |
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