83_FR_44861 83 FR 44691 - Notice of Final Federal Agency Actions on the Wainiha Bridges Along State Route 560 in the State of Hawaii

83 FR 44691 - Notice of Final Federal Agency Actions on the Wainiha Bridges Along State Route 560 in the State of Hawaii

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 170 (August 31, 2018)

Page Range44691-44692
FR Document2018-18919

This notice announces actions taken by FHWA and other Federal agencies that are final within the meaning of title 23 of the United States Code. The actions relate to the replacement of the temporary Wainiha Bridges along K[umacr]hi[omacr] Highway (State Route 560) at approximate Mileposts 6.4 and 6.7, which is located in the Halele`a District on the island of Kaua`i, State of Hawai`i. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 83 Issue 170 (Friday, August 31, 2018)
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44691-44692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18919]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Wainiha Bridges 
Along State Route 560 in the State of Hawaii

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies that are final within the meaning of title 23 of the United 
States Code. The actions relate to the replacement of the temporary 
Wainiha Bridges along K[umacr]hi[omacr] Highway (State Route 560) at 
approximate Mileposts 6.4 and 6.7, which is located in the Halele`a 
District on the island of Kaua`i, State of Hawai`i. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, 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 January 28, 2019. If the Federal 
law that authorizes judicial review of a claim provides a time period

[[Page 44692]]

of less than 150 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Thomas Parker, Project Manager, 
Federal Highway Administration, Central Federal Lands Highway Division, 
12300 W Dakota Avenue, Suite 380, Lakewood, Colorado 80228, Telephone 
(720) 963-3688, Email [email protected]. Regular office hours are 
8:00 a.m. to 5:00 p.m. (Mountain Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Hawai`i: Project to Replace Temporary Wainiha Bridges (Replacement 
of the Temporary Wainiha Bridges and Rehabilitation of Kaua`i Belt 
Road).
    Project Overview: The project includes the replacement of three 
temporary ``ACROW Panel'' modular steel bridges on K[umacr]hi[omacr] 
Highway (State Route 560) near the mouth of the Wainiha Stream on the 
island of Kaua`i, Hawai`i. The actions by the Federal agencies on the 
project, and the laws under which such actions were taken, are 
described in the Draft Environmental Assessment (DEA) signed on April 
6, 2016, in the Final EA (FEA) and Finding of No Significant Impact 
(FONSI) signed December 21, 2017, and in other key project documents. 
The FEA, FONSI, and other key documents for the project are available 
by contacting FHWA at the addresses provided above. The DEA, FEA and 
FONSI documents can be viewed and downloaded from the project website 
at https://flh.fhwa.dot.gov/projects/hi/wainiha/.
    This notice applies to all Federal agency decisions, actions, 
approvals, licenses and permits on the project as of the issuance date 
of this notice, including but not limited to those arising under the 
following laws, as amended:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4370h]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)] 
(transportation conformity).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(e)]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [54 U.S.C. 306108]); Archaeological 
Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archaeological and Historic Preservation Act [16 U.S.C. 469-469c-2]; 
Native American Grave Protection and Repatriation Act [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]; the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1387] (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund Act [16 U.S.C. 460l-4-460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300f-300j-9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; Transportation Equity Act for the 21st Century (TEA-21) [23 
U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood 
Disaster Protection Act of 1973 [42 U.S.C. 4001-4129].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [PL 99-499]; Resource 
Conservation and Recovery Act [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(1)(1).

    Issued on: August 23, 2018.
Curtis Scott,
Acting Division Director, Lakewood, Colorado.
[FR Doc. 2018-18919 Filed 8-30-18; 8:45 am]
 BILLING CODE 4910-RY-P



                                                                             Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices                                                 44691

                                               (202) 395–6974, or mailed to the Office                 training device exclusively to maintain               these certificates and ratings at an
                                               of Information and Regulatory Affairs,                  their instrument currency. For those                  average preparation time of 15 minutes
                                               Office of Management and Budget,                        pilots, this change will reduce the                   (0.25 hrs) each. The average time
                                               Docket Library, Room 10102, 725 17th                    recordkeeping requirements of logging                 estimate of 0.25 hours assumes that
                                               Street NW, Washington, DC 20503.                        time from 6 times a year to two times                 many individual applicants will submit
                                                  Public Comments Invited: You are                     a year, when logging instrument                       an 8710–1 form more than once for
                                               asked to comment on any aspect of this                  currency exclusively in an aviation                   various reasons, and that most of the
                                               information collection, including (a)                   training device. The FAA estimates this               information provided on the form likely
                                               Whether the proposed collection of                      burden reduction to be 6168.8 hours                   will not have changed. For Part 107 we
                                               information is necessary for FAA’s                      annually.                                             estimate that an average of 39,229 forms
                                               performance; (b) the accuracy of the                       Additionally, the final rule amends                are submitted annually that require an
                                               estimated burden; (c) ways for FAA to                   § 135.99 by adding paragraph (c) to                   average preparation time of 0.25 hours
                                               enhance the quality, utility and clarity                allow a certificate holder to receive                 to complete.
                                               of the information collection; and (d)                  approval of a second in command (SIC)                   Estimated Total Annual Burden: The
                                               ways that the burden could be                           professional development program (SIC                 total number of annual responses for the
                                               minimized without reducing the quality                  PDP) via operations specifications (Ops               airman certification program is
                                               of the collected information. The agency                Specs) to allow the certificate holder’s              estimated to be 1,196,653. The FAA
                                               will summarize and/or include your                      pilots to log SIC time in operations                  estimates the total reporting burden
                                               comments in the request for OMB’s                       conducted under part 135 in an airplane               hours to be 43,157 hours. The FAA
                                               clearance of this information collection.               or operation that does not otherwise                  estimates the total recordkeeping
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       require a SIC. Specifically, with this                burden hours to be 311,329 hours. The
                                               Barbara Hall at (940) 594–5913, or by                   final rule, § 61.159(c) allows pilots to              FAA estimates the burden for the
                                               email at: Barbara.L.Hall@faa.gov.                       log SIC time in part 135 operations in                collection of information to be 354,486
                                                                                                       a single engine turbine-powered                       hours annually.
                                               SUPPLEMENTARY INFORMATION:                              airplane or a multi-engine airplane that
                                                  OMB Control Number: 2120–0021.                                                                               Issued in Washington, DC, on August 23,
                                                                                                       otherwise does not require an SIC. This               2018.
                                                  Title: Certification: Pilots and Flight              will require the pilot to obtain a logbook
                                               Instructors.                                            endorsement from the pilot in command                 Barbara Hall,
                                                  Form Numbers: 8710–1, 8710–13.                       for each individual flight to log this time           FAA Information Collection Clearance
                                                  Type of Review: This is a revision of                as SIC. The FAA estimates that of the                 Officer, IT Enterprises Business Services
                                               an existing information collection.                                                                           Division, ASP–110.
                                                                                                       76,957 Commercial Pilots with airplane
                                                  Background: The Federal Register                     and instrument privileges that                        [FR Doc. 2018–18882 Filed 8–30–18; 8:45 am]
                                               Notice with a 60-day comment period                     approximately 10% (7,696) may actively                BILLING CODE 4910–13–P
                                               soliciting comments on the following                    pursue a SIC position with a Part 135
                                               collection of information was published                 operator that is approved for logging SIC
                                               on June 14, 2018 (83 FR 27822). On June                 time as described for this provision.                 DEPARTMENT OF TRANSPORTATION
                                               27, 2018, the FAA published the final                   However, because of the limited number
                                               rule Regulatory Relief, Aviation                                                                              Federal Highway Administration
                                                                                                       of operators (approximately 457
                                               Training devices; Pilot Certification,                  operators as of September 28, 2017) that              Notice of Final Federal Agency Actions
                                               Training, and Pilot Schools; and Other                  would qualify or actually pursue this                 on the Wainiha Bridges Along State
                                               Provisions (83 FR 30232). In that rule,                 authorization, the FAA estimates that                 Route 560 in the State of Hawaii
                                               the FAA is reducing the burden for                      only 15% (1,154 pilots) might actually
                                               instrument currency requirements                        become qualified annually to log SIC                  AGENCY:  Federal Highway
                                               under § 61.57 for those pilots that use                 time under this provision. This                       Administration (FHWA), DOT.
                                               aviation training devices. Prior to that                additional record keeping requirement                 ACTION: Notice of Limitation on Claims
                                               final rule, § 61.57(c)(3) required persons              will be reflected in Section 61.159,                  for Judicial Review of Actions by FHWA
                                               using an aviation training device to                    Aeronautical experience. The FAA                      and Other Federal Agencies.
                                               establish instrument experience to                      estimates this SIC training program
                                               complete the required tasks within the                  burden increase is 1,154 hours annually.              SUMMARY:   This notice announces actions
                                               preceding 2 calendar months. Persons                       Respondents: The total number of                   taken by FHWA and other Federal
                                               using an aircraft, full flight simulator,               respondents in the airman certification               agencies that are final within the
                                               flight training device, or a combination,               program is estimated to be                            meaning of title 23 of the United States
                                               however, were required to establish                     approximately 25 percent of the                       Code. The actions relate to the
                                               instrument experience within the                        population of active certificated pilots              replacement of the temporary Wainiha
                                               preceding 6 calendar months. 14 CFR                     and instructors. Given a population of                Bridges along Kūhiō Highway (State
                                               61.57(c)(1)–(2). The final rule amends                  825,000, the result is approximately                  Route 560) at approximate Mileposts 6.4
                                               § 61.57(c) to allow pilots to accomplish                206,250 respondents providing data on                 and 6.7, which is located in the Halele‘a
                                               instrument experience in aviation                       an annual basis. The total number of                  District on the island of Kaua‘i, State of
                                               training devices by performing the same                 applicants for a remote pilot certificate             Hawai‘i. Those actions grant licenses,
                                               tasks required for flight simulation                    with a small UAS rating is estimated to               permits, and approvals for the project.
                                               training devices and aircraft, and at the               be 39,229 annually.                                   DATES: By this notice, FHWA is advising
                                               same 6-month interval allowed for flight                   Frequency: As needed.                              the public of final agency actions
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                                               simulation training devices and aircraft.                  Estimated Average Burden per                       subject to 23 U.S.C. 139(l)(1). A claim
                                                  The FAA estimates that, of the                       Response: For the hour burdens                        seeking judicial review of the Federal
                                               102,811 active pilots with an instrument                resulting from the application                        agency actions on the highway project
                                               rating, that approximately 50% are                      requirements of the collection of                     will be barred unless the claim is filed
                                               maintaining currency. It is likely that                 information other than remote pilots                  on or before January 28, 2019. If the
                                               only 15% of those pilots (approximately                 with small UAS ratings, the FAA                       Federal law that authorizes judicial
                                               15,422 pilots) are using an aviation                    estimates that forms are submitted for                review of a claim provides a time period


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                                               44692                         Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices

                                               of less than 150 days for filing such                     5. Historic and Cultural Resources:                 DEPARTMENT OF TRANSPORTATION
                                               claim, then that shorter time period still              Section 106 of the National Historic
                                               applies.                                                Preservation Act of 1966 [54 U.S.C.                   Federal Railroad Administration
                                               FOR FURTHER INFORMATION CONTACT:                        306108]); Archaeological Resources                    [Docket No. FRA–2017–0002–N–5]
                                               Thomas Parker, Project Manager,                         Protection Act of 1977 [16 U.S.C. 470aa–
                                               Federal Highway Administration,                         470mm]; Archaeological and Historic                   Proposed Agency Information
                                               Central Federal Lands Highway                           Preservation Act [16 U.S.C. 469–469c–                 Collection Activities; Comment
                                               Division, 12300 W Dakota Avenue,                        2]; Native American Grave Protection                  Request
                                               Suite 380, Lakewood, Colorado 80228,                    and Repatriation Act [25 U.S.C. 3001–
                                                                                                       3013].                                                AGENCY:  Federal Railroad
                                               Telephone (720) 963–3688, Email
                                                                                                         6. Social and Economic: Civil Rights                Administration (FRA), Department of
                                               Thomas.W.Parker@dot.gov. Regular
                                                                                                       Act of 1964 [42 U.S.C. 2000(d)–                       Transportation (DOT).
                                               office hours are 8:00 a.m. to 5:00 p.m.
                                               (Mountain Time).                                        2000(d)(1)]; American Indian Religious                ACTION: Notice of Information
                                                                                                       Freedom Act [42 U.S.C. 1996]; the                     Collection; request for comment.
                                               SUPPLEMENTARY INFORMATION: Notice is
                                               hereby given that FHWA and other                        Uniform Relocation Assistance and Real
                                                                                                                                                             SUMMARY:   Under the Paperwork
                                               Federal agencies have taken final agency                Property Acquisition Policies Act of
                                                                                                                                                             Reduction Act of 1995 (PRA), this notice
                                               actions by issuing licenses, permits, and               1970 [42 U.S.C. 61].
                                                                                                                                                             announces that FRA is forwarding the
                                               approvals for the following highway                       7. Wetlands and Water Resources:
                                                                                                                                                             Information Collection Request (ICR)
                                               project in the State of Hawai‘i: Project                Clean Water Act [33 U.S.C. 1251–1387]
                                                                                                                                                             abstracted below to the Office of
                                               to Replace Temporary Wainiha Bridges                    (Section 404, Section 401, Section 319);
                                                                                                                                                             Management and Budget (OMB) for
                                               (Replacement of the Temporary Wainiha                   Land and Water Conservation Fund Act
                                                                                                                                                             review and comment. The ICR describes
                                               Bridges and Rehabilitation of Kaua‘i                    [16 U.S.C. 460l–4–460l–11]; Safe
                                                                                                                                                             the information collections and their
                                               Belt Road).                                             Drinking Water Act [42 U.S.C. 300f–
                                                                                                                                                             expected burden. On July 2, 2018, FRA
                                                  Project Overview: The project                        300j–9.]; Rivers and Harbors Act of 1899
                                                                                                                                                             published a notice providing a 60-day
                                               includes the replacement of three                       [33 U.S.C. 401–406]; Transportation
                                                                                                                                                             period for public comment on the ICR.
                                               temporary ‘‘ACROW Panel’’ modular                       Equity Act for the 21st Century (TEA–
                                                                                                                                                             DATES: Interested persons are invited to
                                               steel bridges on Kūhiō Highway (State                 21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)]
                                                                                                       (wetlands mitigation banking); Flood                  submit comments on or before October
                                               Route 560) near the mouth of the                                                                              1, 2018.
                                               Wainiha Stream on the island of Kaua‘i,                 Disaster Protection Act of 1973 [42
                                                                                                       U.S.C. 4001–4129].                                    ADDRESSES: Submit written comments
                                               Hawai‘i. The actions by the Federal
                                               agencies on the project, and the laws                     8. Hazardous Materials:                             on the ICR to the Office of Information
                                               under which such actions were taken,                    Comprehensive Environmental                           and Regulatory Affairs, Office of
                                               are described in the Draft                              Response, Compensation, and Liability                 Management and Budget, 725 17th
                                               Environmental Assessment (DEA)                          Act [42 U.S.C. 9601–9675]; Superfund                  Street NW, Washington, DC 20503,
                                               signed on April 6, 2016, in the Final EA                Amendments and Reauthorization Act                    Attention: FRA Desk Officer. Comments
                                               (FEA) and Finding of No Significant                     of 1986 [PL 99–499]; Resource                         may also be sent via email to OMB at
                                               Impact (FONSI) signed December 21,                      Conservation and Recovery Act [42                     the following address: oira_
                                               2017, and in other key project                          U.S.C. 6901–6992(k)].                                 submissions@omb.eop.gov.
                                               documents. The FEA, FONSI, and other                      9. Executive Orders: E.O. 11990                     FOR FURTHER INFORMATION CONTACT: Mr.
                                               key documents for the project are                       Protection of Wetlands; E.O. 11988                    Michael Jones, Information Collection
                                               available by contacting FHWA at the                     Floodplain Management; E.O. 12898                     Clearance Officer, Office of Railroad
                                               addresses provided above. The DEA,                      Federal Actions to Address                            Policy & Development, Human Factors
                                               FEA and FONSI documents can be                          Environmental Justice in Minority                     Division, RPD–34, Federal Railroad
                                               viewed and downloaded from the                          Populations and Low Income                            Administration, 1200 New Jersey
                                               project website at https://                             Populations; E.O. 11593 Protection and                Avenue SE, Room W38–119,
                                               flh.fhwa.dot.gov/projects/hi/wainiha/.                  Enhancement of Cultural Resources;                    Washington, DC 20590 (telephone: (202)
                                                  This notice applies to all Federal                   E.O. 13007 Indian Sacred Sites; E.O.                  493–6106); or Ms. Kim Toone,
                                               agency decisions, actions, approvals,                   13287 Preserve America; E.O. 13175                    Information Collection Clearance
                                               licenses and permits on the project as of               Consultation and Coordination with                    Officer, Office of Administration, Office
                                               the issuance date of this notice,                       Indian Tribal Governments; E.O. 11514                 of Information Technology, RAD–20,
                                               including but not limited to those                      Protection and Enhancement of                         Federal Railroad Administration, 1200
                                               arising under the following laws, as                    Environmental Quality; E.O. 13112                     New Jersey Avenue SE, Room W34–212,
                                               amended:                                                Invasive Species.                                     Washington, DC 20590 (telephone: (202)
                                                  1. General: National Environmental                                                                         493–6132).
                                                                                                       (Catalog of Federal Domestic Assistance
                                               Policy Act [42 U.S.C. 4321–4370h];                      Program Number 20.205, Highway Planning               SUPPLEMENTARY INFORMATION: The PRA,
                                               Federal-Aid Highway Act [23 U.S.C.                      and Construction. The regulations                     44 U.S.C. 3501–3520, and its
                                               109].                                                   implementing Executive Order 12372                    implementing regulations, 5 CFR part
                                                  2. Air: Clean Air Act, as amended [42                regarding intergovernmental consultation on           1320, require Federal agencies to issue
                                               U.S.C. 7401–7671(q)] (transportation                    Federal programs and activities apply to this         two notices seeking public comment on
                                               conformity).                                            program.)                                             information collection activities before
                                                  3. Land: Section 4(f) of the                                                                               OMB may approve paperwork packages.
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                                                                                                         Authority: 23 U.S.C. 139(1)(1).
                                               Department of Transportation Act of                                                                           See 44 U.S.C. 3506, 3507; 5 CFR 1320.8–
                                               1966 [49 U.S.C. 303].                                     Issued on: August 23, 2018.                         12. On July 2, 2018, FRA published a
                                                  4. Wildlife: Endangered Species Act                  Curtis Scott,                                         60-day notice in the Federal Register
                                               [16 U.S.C. 1531–1544]; Fish and                         Acting Division Director, Lakewood,                   soliciting comment on the ICR for which
                                               Wildlife Coordination Act [16 U.S.C.                    Colorado.                                             it is now seeking OMB approval. See 83
                                               661–667(e)]; Migratory Bird Treaty Act                  [FR Doc. 2018–18919 Filed 8–30–18; 8:45 am]           FR 31030. FRA received no comments
                                               [16 U.S.C. 703–712].                                    BILLING CODE 4910–RY–P                                in response to this notice.


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Document Created: 2018-08-31 00:52:45
Document Modified: 2018-08-31 00:52:45
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 FHWA and Other Federal Agencies.
DatesBy this notice, 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 January 28, 2019. 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.
ContactThomas Parker, Project Manager, Federal Highway Administration, Central Federal Lands Highway Division, 12300 W Dakota Avenue, Suite 380, Lakewood, Colorado 80228, Telephone (720) 963-3688, Email [email protected]t.gov. Regular office hours are 8:00 a.m. to 5:00 p.m. (Mountain Time).
FR Citation83 FR 44691 

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