83 FR 53146 - Notice of Final Federal Agency Actions on Transportation Project in Washington State
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 83, Issue 203 (October 19, 2018)
Federal Highway Administration
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 53146-53147 | |
| FR Document | 2018-22471 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Notices] [Pages 53146-53147] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22471] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Transportation Project in Washington State AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by FHWA. ----------------------------------------------------------------------- SUMMARY: This notice announces actions taken by the FHWA that are final. The action relates to the need to close and demolish the Montlake Boulevard Market for construction along State Route (SR) 520 in the City of Seattle, King County, State of Washington. DATES: A claim seeking judicial review of the Federal agency actions on the listed highway project will be barred unless the claim is filed on or before March 18, 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. FOR FURTHER INFORMATION CONTACT: Jeff Horton, Area Engineer, Federal Highway Administration, 711 S Capitol Way, Suite 501, Olympia, WA 98501-1284, 360-753-9411, or [email protected]; or Margaret Kucharski, Mega Projects Environmental Manager, Washington State Department of Transportation, 999 3rd Ave., Suite 2200, Seattle, WA 98104, 206-770-3500, or [email protected]. SUPPLEMENTARY INFORMATION: On September 7, 2011, FHWA published a ``Notice of Final Federal Agency Actions on Proposed Highway in Washington'' in the Federal Register at 76 FR 55459 for the SR 520, I-5 to Medina: Bridge Replacement and HOV Project. Notice is hereby given that, subsequent to the earlier FHWA notice, FHWA has taken final agency actions within the meaning of 23 U.S.C. 139(l)(1) by issuing a NEPA re-evaluation for the SR 520 SR 520, I-5 to Medina: Bridge Replacement and HOV Project: Montlake Market Closure and Demolition (hereafter ``re-evaluation''). The action(s) by FHWA and the laws under which such actions were taken, are described in the re-evaluation and the associated agency records. That information is available by contacting FHWA at the addresses provided above. The project proposed to improve safety and mobility for people and goods across Lake Washington by replacing the SR 520 Portage Bay and Evergreen Point bridges and improve existing roadway between Interstate 5 (I-5) in Seattle and Evergreen Point Road in Medina spanning 5.2 miles. The Final Environmental Impact Statement (EIS) for the project was published in January 2011 and the Record of Decision (ROD) was issued in August 2011. Since issuance of the FHWA ROD, the design and construction approach has been refined such that the Montlake Boulevard Market will need to be closed and demolished as part of construction activities. The re-evaluation considering this refinement was issued on July 18, 2018. It identifies and documents potential effects associated with the refinement. This notice only applies to the re-evaluation. Information about the re-evaluation and associated records are available from FHWA and WSDOT at the [[Page 53147]] addresses provided above and can be found at: https://www.wsdot.wa.gov/Projects/SR520Bridge/Library/I5Medina.htm. This notice applies to all Federal agency decisions related to the re-evaluation 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. 4321-4347]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)]. 3. Land: Section 6(f) of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601]; 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]; Section 7 of the Endangered Species Act [16 U.S.C. 1536]; Anadromous Fish Conservation Act [16 U.S.C. 757(a-757(g)); Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevens 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.]; Archaeological and Historic Preservation Act [16 U.S.C. 469- 469(c)]; Native American Grave Protection and Repatriation Act (25 U.S.C. 3001-3013). 6. Wetlands and Water Resources: Section 7 of the Endangered Species Act [16 U.S.C. 1536); Clean Water Act, (Section 319 [33 U.S.C. 329]); Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]. 7. Navigation: Rivers and Harbors Act of 1899 [33 U.S.C. 403]; General Bridge Act of 1946 [33 U.S.C. 9 and 11]. 8. 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. Authority: 23 U.S.C. 139(1)(1), as amended by Moving Ahead for Progress in the 21st Century Act, (PL 112-141, 126 Stat. 405). Issued on: October 9, 2018. Daniel Mathis, FHWA Division Administrator, Olympia, WA. [FR Doc. 2018-22471 Filed 10-18-18; 8:45 am] BILLING CODE 4910-RY-P
![53146 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
HOV Project: Wireless Communications Act [16 U.S.C. 757(a–757(g)); Fish and A claim seeking judicial review
DATES:
Facility Removal and Relocation Wildlife Coordination Act [16 U.S.C. of the Federal agency actions on the
(hereafter ‘‘re-evaluation’’). The 661–667(d)]; Magnuson-Stevens Fishery listed highway project will be barred
action(s) by FHWA and the laws under Conservation and Management Act of unless the claim is filed on or before
which such actions were taken, are 1976, as amended [16 U.S.C. 1801 et March 18, 2019. If the Federal law that
described in the re-evaluation and the seq.]. authorizes judicial review of a claim
associated agency records. That 5. Historic and Cultural Resources: provides a time period of less than 150
information is available by contacting Section 106 of the National Historic days for filing such claim, then that
FHWA at the addresses provided above. Preservation Act of 1966, as amended shorter time period still applies.
The project proposed to improve [16 U.S.C. 470(f) et seq.]; Archaeological FOR FURTHER INFORMATION CONTACT: Jeff
safety and mobility for people and and Historic Preservation Act [16 U.S.C. Horton, Area Engineer, Federal Highway
goods across Lake Washington by 469–469(c)]; Native American Grave Administration, 711 S Capitol Way,
replacing the SR 520 Portage Bay and Protection and Repatriation Act (25 Suite 501, Olympia, WA 98501–1284,
Evergreen Point bridges and improve U.S.C. 3001–3013). 360–753–9411, or jeff.horton@dot.gov;
existing roadway between Interstate 5 6. Wetlands and Water Resources: or Margaret Kucharski, Mega Projects
(I–5) in Seattle and Evergreen Point Section 7 of the Endangered Species Act Environmental Manager, Washington
Road in Medina spanning 5.2 miles. The [16 U.S.C. 1536]; Clean Water Act, State Department of Transportation, 999
Final Environmental Impact Statement (Section 319 [33 U.S.C. 329]); Safe 3rd Ave., Suite 2200, Seattle, WA
(EIS) for the project was published in Drinking Water Act [42 U.S.C. 300(f)– 98104, 206–770–3500, or
January 2011 and the Record of Decision 300(j)(6)]. Margaret.Kucharski@wsdot.wa.gov.
(ROD) was issued in August 2011. 7. Navigation: Rivers and Harbors Act
Since issuance of the FHWA ROD, the SUPPLEMENTARY INFORMATION: On
of 1899 [33 U.S.C. 403]; General Bridge
design and construction approach has Act of 1946 [33 U.S.C. 9 and 11]. September 7, 2011, FHWA published a
been refined such that wireless 8. Executive Orders: E.O. 11990 ‘‘Notice of Final Federal Agency Actions
communications facilities collocated Protection of Wetlands; E.O. 11988 on Proposed Highway in Washington’’
with the Montlake 76 Service Station Floodplain Management; E.O. 12898 in the Federal Register at 76 FR 55459
and Montlake Boulevard Market Federal Actions to Address for the SR 520, I–5 to Medina: Bridge
property would need to be removed to Environmental Justice in Minority Replacement and HOV Project. Notice is
complete construction of the Montlake Populations and Low Income hereby given that, subsequent to the
Phase. A new temporary wireless Populations; E.O. 11593 Protection and earlier FHWA notice, FHWA has taken
communications facility will be Enhancement of Cultural Resources; final agency actions within the meaning
constructed along Lake Washington E.O. 13007 Indian Sacred Sites; E.O. of 23 U.S.C. 139(l)(1) by issuing a NEPA
Boulevard East near East Miller Street 13287 Preserve America; E.O. 13175 re-evaluation for the SR 520 SR 520, I–
and 26th Avenue East for the duration Consultation and Coordination with 5 to Medina: Bridge Replacement and
of SR 520 construction to replace the Indian Tribal Governments; E.O. 11514 HOV Project: Montlake Market Closure
service provided by the removed Protection and Enhancement of and Demolition (hereafter ‘‘re-
facilities. The re-evaluation considering Environmental Quality; E.O. 13112 evaluation’’). The action(s) by FHWA
this refinement was issued on Invasive Species. and the laws under which such actions
September 4, 2018. It identifies and were taken, are described in the re-
Authority: 23 U.S.C. 139(l)(1), as amended evaluation and the associated agency
documents potential effects associated by Moving Ahead for Progress in the 21st
with the refinement. This notice only records. That information is available by
Century Act, (PL 112–141, 126 Stat. 405).
applies to the re-evaluation. contacting FHWA at the addresses
Issued on: October 9, 2018. provided above.
Information about the re-evaluation
and associated records are available Daniel Mathis, The project proposed to improve
from FHWA and WSDOT at the FHWA Division Administrator, Olympia, WA. safety and mobility for people and
addresses provided above and can be [FR Doc. 2018–22503 Filed 10–18–18; 8:45 am] goods across Lake Washington by
found at: https://www.wsdot.wa.gov/ BILLING CODE 4910–RY–P replacing the SR 520 Portage Bay and
Projects/SR520Bridge/Library/ Evergreen Point bridges and improve
I5Medina.htm. This notice applies to all existing roadway between Interstate 5
Federal agency decisions related to the DEPARTMENT OF TRANSPORTATION (I–5) in Seattle and Evergreen Point
re-evaluation as of the issuance date of Road in Medina spanning 5.2 miles. The
this notice and all laws under which Federal Highway Administration Final Environmental Impact Statement
such actions were taken, including but (EIS) for the project was published in
Notice of Final Federal Agency Actions January 2011 and the Record of Decision
not limited to: on Transportation Project in
1. General: National Environmental (ROD) was issued in August 2011.
Washington State Since issuance of the FHWA ROD, the
Policy Act (NEPA) [42 U.S.C. 4321–
4347]; Federal-Aid Highway Act [23 AGENCY: Federal Highway design and construction approach has
U.S.C. 109]. Administration (FHWA), Department of been refined such that the Montlake
2. Air: Clean Air Act, as amended [42 Transportation (DOT). Boulevard Market will need to be closed
U.S.C. 7401–7671(q)]. ACTION: Notice of limitation on claims and demolished as part of construction
3. Land: Section 6(f) of the Land and for judicial review of actions by FHWA. activities. The re-evaluation considering
Water Conservation Fund Act of 1965 this refinement was issued on July 18,
amozie on DSK3GDR082PROD with NOTICES1
[16 U.S.C. 4601]; Section 4(f) of the SUMMARY: This notice announces actions 2018. It identifies and documents
Department of Transportation Act of taken by the FHWA that are final. The potential effects associated with the
1966 [49 U.S.C. 303]. action relates to the need to close and refinement. This notice only applies to
4. Wildlife: Endangered Species Act demolish the Montlake Boulevard the re-evaluation.
[16 U.S.C. 1531–1544]; Section 7 of the Market for construction along State Information about the re-evaluation
Endangered Species Act [16 U.S.C. Route (SR) 520 in the City of Seattle, and associated records are available
1536]; Anadromous Fish Conservation King County, State of Washington. from FHWA and WSDOT at the
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![Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53147
addresses provided above and can be Issued on: October 9, 2018. a.m. and 5 p.m., ET, Monday through
found at: https://www.wsdot.wa.gov/ Daniel Mathis, Friday, except Federal holidays. The on-
Projects/SR520Bridge/Library/ FHWA Division Administrator, Olympia, WA. line Federal document management
I5Medina.htm. This notice applies to all [FR Doc. 2018–22471 Filed 10–18–18; 8:45 am] system is available 24 hours each day,
Federal agency decisions related to the BILLING CODE 4910–RY–P
365 days each year. The docket number
re-evaluation as of the issuance date of is listed at the beginning of this notice.
this notice and all laws under which SUPPLEMENTARY INFORMATION:
such actions were taken, including but DEPARTMENT OF TRANSPORTATION
not limited to: Background
Federal Motor Carrier Safety FMCSA has authority under 49 U.S.C.
1. General: National Environmental
Administration 31136(e) and 31315 to grant exemptions
Policy Act (NEPA) [42 U.S.C. 4321–
4347]; Federal-Aid Highway Act [23 [Docket No. FMCSA–2018–0142] from certain parts of the Federal Motor
U.S.C. 109]. Carrier Safety Regulations. FMCSA must
Parts and Accessories Necessary for publish a notice of each exemption
2. Air: Clean Air Act, as amended [42 request in the Federal Register (49 CFR
Safe Operation; Application for an
U.S.C. 7401–7671(q)]. 381.315(a)). The Agency must provide
Exemption From Castignoli
3. Land: Section 6(f) of the Land and Enterprises the public an opportunity to inspect the
Water Conservation Fund Act of 1965 information relevant to the application,
[16 U.S.C. 4601]; Section 4(f) of the AGENCY: Federal Motor Carrier Safety including any safety analyses that have
Department of Transportation Act of Administration (FMCSA), DOT. been conducted. The Agency must also
1966 [49 U.S.C. 303]. ACTION: Notice of final disposition. provide an opportunity for public
4. Wildlife: Endangered Species Act comment on the request.
SUMMARY: The Federal Motor Carrier The Agency reviews safety analyses
[16 U.S.C. 1531–1544]; Section 7 of the Safety Administration (FMCSA)
Endangered Species Act [16 U.S.C. and public comments submitted, and
announces its decision to grant determines whether granting the
1536]; Anadromous Fish Conservation Castignoli Enterprises’ (Castignoli)
Act [16 U.S.C. 757(a–757(g)); Fish and exemption would likely achieve a level
application for a limited 5-year of safety equivalent to, or greater than,
Wildlife Coordination Act [16 U.S.C. exemption to allow a sleeper berth to be
661–667(d)]; Magnuson-Stevens Fishery the level that would be achieved by the
installed in the bed of a Ford F350 current regulation (49 CFR 381.305).
Conservation and Management Act of pickup truck that, when operated in
1976, as amended [16 U.S.C. 1801 et The decision of the Agency must be
combination with certain trailers, is a published in the Federal Register (49
seq.]. commercial motor vehicle (CMV) under CFR 381.315(b)) with the reasons for
5. Historic and Cultural Resources: the Federal Motor Carrier Safety denying or granting the application and,
Section 106 of the National Historic Regulations (FMCSRs). A sleeper berth if granted, the name of the person or
Preservation Act of 1966, as amended installed in the bed of the pickup truck class of persons receiving the
[16 U.S.C. 470(f) et seq.]; Archaeological does not meet the access, location, exit, exemption, and the regulatory provision
and Historic Preservation Act [16 U.S.C. communication, or occupant restraint from which the exemption is granted.
469–469(c)]; Native American Grave requirements for sleeper berths as The notice must also specify the
Protection and Repatriation Act (25 prescribed in the FMCSRs. The Agency effective period and explain the terms
U.S.C. 3001–3013). has determined that allowing the and conditions of the exemption. The
6. Wetlands and Water Resources: sleeper berth to be installed in the bed exemption may be renewed (49 CFR
Section 7 of the Endangered Species Act of the pickup would not have an 381.300(b)).
[16 U.S.C. 1536); Clean Water Act, adverse impact on safety and that
adherence to the terms and conditions Castignoli’s Application for Exemption
(Section 319 [33 U.S.C. 329]); Safe
Drinking Water Act [42 U.S.C. 300(f)– of the exemption will likely achieve a Castignoli applied for an exemption
300(j)(6)]. level of safety equivalent to or greater from 49 CFR 393.76(a)(3), (b)(2), (c), (d),
than the level of safety provided by the and (h) to allow a sleeper berth to be
7. Navigation: Rivers and Harbors Act regulation.
of 1899 [33 U.S.C. 403]; General Bridge installed in the bed of a Ford F350
DATES: This exemption is applicable pickup truck. A copy of the application
Act of 1946 [33 U.S.C. 9 and 11].
October 19, 2018 and ending Thursday, is included in the docket referenced at
8. Executive Orders: E.O. 11990 October 19th, 2023. the beginning of this notice.
Protection of Wetlands; E.O. 11988 FOR FURTHER INFORMATION CONTACT: Mr. Section 393.76 of the FMCSRs
Floodplain Management; E.O. 12898 Luke Loy, Vehicle and Roadside provides various requirements for
Federal Actions to Address Operations Division, Office of Carrier, sleeper berths installed in in CMVs.
Environmental Justice in Minority Driver, and Vehicle Safety, MC–PSV, Specific to Castignoli’s exemption
Populations and Low Income (202) 366–0676, Federal Motor Carrier application:
Populations; E.O. 11593 Protection and Safety Administration, 1200 New Jersey 1. Section 393.76(a)(3), ‘‘Access,’’
Enhancement of Cultural Resources; Avenue SE, Washington, DC 20590– requires a sleeper berth to be
E.O. 13007 Indian Sacred Sites; E.O. 0001. constructed so that an occupant’s ready
13287 Preserve America; E.O. 13175 Docket: For access to the docket to entrance to, and exit from the sleeper
Consultation and Coordination with read background documents or berth is not unduly hindered.
amozie on DSK3GDR082PROD with NOTICES1
Indian Tribal Governments; E.O. 11514 comments submitted to notice 2. Section 393.76(b)(2), ‘‘Location,’’
Protection and Enhancement of requesting public comments on the requires a sleeper berth located within
Environmental Quality; E.O. 13112 exemption application, go to the cargo space of a motor vehicle to be
Invasive Species. www.regulations.gov at any time or visit securely compartmentalized from the
Authority: 23 U.S.C. 139(1)(1), as amended Room W12–140 on the ground level of remainder of the cargo space.
by Moving Ahead for Progress in the 21st the West Building, 1200 New Jersey 3. Section 393.76(c), ‘‘Exit from the
Century Act, (PL 112–141, 126 Stat. 405). Avenue SE, Washington, DC, between 9 berth,’’ requires a direct and ready
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Document Created: 2018-10-19 01:25:41
Document Modified: 2018-10-19 01:25:41
| 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 FHWA. | |
| Dates | A claim seeking judicial review of the Federal agency actions on the listed highway project will be barred unless the claim is filed on or before March 18, 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. | |
| Contact | Jeff Horton, Area Engineer, Federal Highway Administration, 711 S Capitol Way, Suite 501, Olympia, WA 98501-1284, 360-753-9411, or [email protected]; or Margaret Kucharski, Mega Projects Environmental Manager, Washington State Department of Transportation, 999 3rd Ave., Suite 2200, Seattle, WA 98104, 206-770-3500, or Margare[email protected] | |
| FR Citation | 83 FR 53146 |
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