83_FR_5853 83 FR 5825 - Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in California; Statute of Limitations on Claims

83 FR 5825 - Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in California; Statute of Limitations on Claims

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 28 (February 9, 2018)

Page Range5825-5826
FR Document2018-02610

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

Federal Register, Volume 83 Issue 28 (Friday, February 9, 2018)
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5825-5826]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02610]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


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

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327.

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

DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the 
public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim 
seeking judicial review of the Federal Agency Actions on the highway 
project will be barred unless the claim is filed on or before July 9, 
2018. If the Federal law that authorizes judicial review of a claim 
provides a time period of less than 150 days for filing such claim, 
then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: For Caltrans: Brian Gassner, 
Environmental Branch Chief, Office of Environmental Analysis, 
California Department of Transportation--District 4, 111 Grand Avenue, 
Oakland, California, 8 a.m. to 5 p.m., (510) 286-6025, 
brian.gassner@dot.ca.gov.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway

[[Page 5826]]

Administration (FHWA) assigned, and the California Department of 
Transportation (Caltrans) assumed, environmental responsibilities for 
this project pursuant to 23 U.S.C. 327. Notice is hereby given that 
Caltrans, has taken final agency actions subject to 23 U.S.C. 139(l)(1) 
by issuing licenses, permits, and approvals for the following highway 
project in the State of California. Caltrans proposes to construct 
multiple safety improvements at specific site locations along the State 
Route 84 (SR-84) corridor between SR 238 (Mission Boulevard) and the 
SR-84/Interstate 680 Separation. Improvements of the project include, 
but are not limited to, fixed object removal and relocation, the 
installation of a rock drapery system and a rockfall fence, limited 
shoulder widening, widening and barrier replacement on Alameda Creek 
Bridge and Overhead (Bridge 33-0039), and the signalization of the 
Pleasanton-Sunol Road/SR-84 intersection. The purpose of this project 
is to improve safety at spot locations and address structural and 
operational deficiencies on SR-84. The actions by the Federal agencies, 
and the laws under which such actions were taken, are described in the 
Final Environmental Impact Report (EIR)/Environmental Assessment (EA) 
with Finding of No Significant Impact (FONSI) for the project, approved 
on January 18, 2018, and in the Caltrans Finding of No Significant 
Impact (FONSI) issued on January 18, 2018, and in other documents in 
the Caltrans project records. The Final EIR/EA with FONSI, FONSI, and 
other project records are available by contacting Caltrans at the 
address provided above. The Caltrans Final EIR/EA and FONSI can be 
viewed and downloaded from the project website at http://www.dot.ca.gov/d4/envdocs.htm. This notice applies to all Federal 
agency decisions as of the issuance date of this notice and all laws 
under which such actions were taken, including but not limited to:
    (1) Council on Environmental Quality regulations;
    (2) National Environmental Policy Act (NEPA);
    (3) Moving Ahead for Progress in the 21st Century Act (MAP-21);
    (4) Department of Transportation Act of 1966;
    (5) Federal Aid Highway Act of 1970;
    (6) Clean Air Act Amendments of 1990;
    (7) Noise Control Act of 1970;
    (8) 23 CFR part 772 FHWA Noise Standards, Policies and Procedures;
    (9) Department of Transportation Act of 1966, Section 4(f);
    (10) Clean Water Act of 1977 and 1987;
    (11) Endangered Species Act of 1973;
    (12) Migratory Bird Treaty Act;
    (13) National Historic Preservation Act of 1966, as amended;
    (14) Historic Sites Act of 1935;
    (15) Executive Order 13112, Invasive Species;
    (16) Executive Order 11990--Protection of Wetlands; and
    (17) Title VI of the Civil Rights Act of 1964, as amended.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal Programs and activities apply to this program.)

    Authority:  23 U.S.C. 139(l)(1).

Tashia J. Clemons,
Director of Program Development, Federal Highway Administration, 
Sacramento, CA.
[FR Doc. 2018-02610 Filed 2-8-18; 8:45 am]
 BILLING CODE 4910-RY-P



                                                                               Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices                                                 5825

                                                SUMMARY:   FHWA, on behalf of the Utah                  the interchange operate efficiently; (3)              www.udot.utah.gov/parleysEIS.
                                                Department of Transportation (UDOT),                    using alternate travel modes; (4) using               Information requests or comments can
                                                is issuing this notice to advise the                    transportation demand management to                   also be provided by email to
                                                public that an Environmental Impact                     improve the efficiency of the existing                parleysEIS@utah.gov. (Catalog of
                                                Statement (EIS) will be prepared for                    road network; (5) combinations of any of              Federal and Domestic Assistance
                                                proposed transportation improvements                    the above; and (6) other reasonable                   Program Number 20.205, Highway
                                                to the I–80/I–215 Parleys Interchange in                alternatives if identified during the                 Research, Planning and Construction.
                                                Salt Lake County, Utah.                                 scoping process. Alternatives that do                 The regulations implementing Executive
                                                FOR FURTHER INFORMATION CONTACT:                        not meet the project purpose and need                 Order 12372 regarding
                                                Naomi Kisen, Environmental Program                      or that are otherwise not reasonable will             intergovernmental consultation on
                                                Manager, Environmental Services                         not be carried forward for detailed                   Federal programs and activities apply to
                                                Division, UDOT 4501 South 2700 West,                    consideration.                                        this program.)
                                                P.O. Box 141265, Salt Lake City, Utah                      A Coordination Plan is being prepared                Dated: January 31, 2018.
                                                84114–1265 Telephone: (801) 965–4603,                   to define the agency and public
                                                                                                                                                              Ivan Marrero,
                                                email: nkisen@utah.gov. Rebecka                         participation procedure for the
                                                                                                                                                              Division Administrator, Federal Highway
                                                Stromness, Parley’s Interchange Project                 environmental review process. The plan                Administration, Salt Lake City, Utah.
                                                Manager, UDOT Region 2, 2010 South                      will outline (1) how agencies and the
                                                                                                                                                              [FR Doc. 2018–02609 Filed 2–8–18; 8:45 am]
                                                2760 West, Salt Lake City, UT 84104–                    public will provide input during the
                                                                                                                                                              BILLING CODE 4910–22–P
                                                4592; Telephone: (801) 887–3470,                        scoping process; (2) the development of
                                                Email: rstromness@utah.gov.                             the purpose and need; and (3)
                                                                                                        alternatives development.
                                                SUPPLEMENTARY INFORMATION: The
                                                                                                           Letters describing the proposed action             DEPARTMENT OF TRANSPORTATION
                                                environmental review, consultation, and                 and soliciting comments will be sent to
                                                other actions required by applicable                                                                          Federal Highway Administration
                                                                                                        appropriate Federal, state, and local
                                                federal environmental laws for this                     agencies as well as to Native American                Notice of Final Federal Agency Actions
                                                project are being or have been carried                  tribes and to private organizations and               of Proposed Highway/Interchange
                                                out by UDOT pursuant to 23 U.S.C. 327                   citizens who have previously expressed,               Improvement in California; Statute of
                                                and a Memorandum of Understanding                       or who are known to have, an interest                 Limitations on Claims
                                                dated January 17, 2017, and executed by                 in this proposal. A public scoping
                                                FHWA and UDOT. UDOT, as the                             meeting will be held in the study area                AGENCY:  Federal Highway
                                                assigned National Environmental Policy                  from 4:00 p.m. to 7:00 p.m. on March 6,               Administration (FHWA), DOT.
                                                Act (NEPA) agency, will prepare an EIS                  2018 at Highland High School, 2166 S                  ACTION: Notice of Limitation on Claims
                                                for a proposal to address safety and                    1700 E, Salt Lake City, Utah. Public                  for Judicial Review of Actions by the
                                                current and projected traffic demand on                 notices announcing the meeting will be                California Department of Transportation
                                                the I–80/I–215 Parley’s interchange in                  published in the region. Information                  (Caltrans), pursuant to 23 U.S.C. 327.
                                                Salt Lake County, Utah. The proposed                    regarding this meeting and the project
                                                project study area extends on I–80 from                                                                       SUMMARY:    The FHWA, on behalf of
                                                                                                        may also be obtained through a public
                                                1300 East to the Mt. Aire Canyon Road                                                                         Caltrans, is issuing this notice to
                                                                                                        website maintained by UDOT at
                                                interchange, on I–215 from the I–80/-                                                                         announce actions taken by Caltrans, that
                                                                                                        www.udot.utah.gov/parleysEIS.
                                                215 interchange to 3900 South, on                                                                             are final. The actions relate to the
                                                                                                           During the NEPA process, other
                                                Foothill Drive from the I–80/-215                                                                             proposed highway project, Niles Canyon
                                                                                                        public meetings will be held as
                                                interchange to Stringham Avenue, and                                                                          Safety Improvements Project on State
                                                                                                        appropriate to allow the public, as well
                                                on Parley’s Way from the I–80/I–215                                                                           Route 84 (SR–84) between the City of
                                                                                                        as Federal, state, and local agencies, and
                                                interchange to Wilshire Drive. Safety                                                                         Fremont and the town of Sunol in
                                                                                                        tribes, to provide comments on the
                                                and transportation improvements are                                                                           southern Alameda County, State of
                                                                                                        purpose of and need for the project,
                                                needed to address current identified                                                                          California. Those actions grant licenses,
                                                                                                        potential alternatives, and social,
                                                design deficiencies and current and                                                                           permits, and approvals for the project.
                                                                                                        economic, and environmental issues of
                                                projected 2050 travel demand at the                     concern.                                              DATES: By this notice, the FHWA, on
                                                interchange. To address these needs,                       In addition, a public hearing will be              behalf of Caltrans, is advising the public
                                                UDOT is proposing to upgrade the                        held following the release of the Draft               of final agency actions subject to 23
                                                interchange, including potentially                      EIS. Public notice advertisements and                 U.S.C. 139(l)(1). A claim seeking
                                                adding capacity to the interchange and                  direct mailings will notify interested                judicial review of the Federal Agency
                                                the surrounding road network to make                    parties of the time and place of the                  Actions on the highway project will be
                                                the interchange operate efficiently. If                 public meetings and the public hearing.               barred unless the claim is filed on or
                                                implemented as proposed, the project                    The Draft EIS will be available for                   before July 9, 2018. If the Federal law
                                                will require FHWA to approve an                         public and agency review and comment                  that authorizes judicial review of a
                                                Interchange Access Change Request                       prior to the public hearing.                          claim provides a time period of less
                                                from UDOT for modifications to the                         To ensure that the full range of issues            than 150 days for filing such claim, then
                                                interchange.                                            related to this proposed action is                    that shorter time period still applies.
                                                   UDOT will consider a range of                        addressed and all significant issues are              FOR FURTHER INFORMATION CONTACT: For
                                                alternatives based on the purpose of and                identified, comments and suggestions                  Caltrans: Brian Gassner, Environmental
                                                need for the project and taking into                    are invited from all interested parties.              Branch Chief, Office of Environmental
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                                                account agency and public input. The                    Written comments or questions                         Analysis, California Department of
                                                currently contemplated alternatives                     concerning this proposed action and the               Transportation—District 4, 111 Grand
                                                include: (1) Taking no action (no-build);               EIS should be directed to UDOT                        Avenue, Oakland, California, 8 a.m. to
                                                (2) the proposed action, i.e., upgrading                representatives at the mail or email                  5 p.m., (510) 286–6025, brian.gassner@
                                                the interchange, including potentially                  addresses provided above by March 30,                 dot.ca.gov.
                                                adding capacity to the interchange and                  2018. For additional information please               SUPPLEMENTARY INFORMATION: Effective
                                                the surrounding road network to make                    visit the project website at                          July 1, 2007, the Federal Highway


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                                                5826                           Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices

                                                Administration (FHWA) assigned, and                       (10) Clean Water Act of 1977 and                    New Jersey Avenue SE, West Building
                                                the California Department of                            1987;                                                 Ground Floor, Room W12–140,
                                                Transportation (Caltrans) assumed,                        (11) Endangered Species Act of 1973;                Washington, DC 20590–0001.
                                                environmental responsibilities for this                   (12) Migratory Bird Treaty Act;                        • Hand Delivery or Courier: West
                                                project pursuant to 23 U.S.C. 327.                        (13) National Historic Preservation                 Building Ground Floor, Room W12–140,
                                                Notice is hereby given that Caltrans, has               Act of 1966, as amended;                              1200 New Jersey Avenue SE, between 9
                                                taken final agency actions subject to 23                  (14) Historic Sites Act of 1935;                    a.m. and 5 p.m. ET, Monday through
                                                U.S.C. 139(l)(1) by issuing licenses,                     (15) Executive Order 13112, Invasive                Friday, except Federal holidays.
                                                permits, and approvals for the following                Species;                                                 • Fax: 202–493–2251.
                                                highway project in the State of                           (16) Executive Order 11990—                            Instructions: Comments must be
                                                California. Caltrans proposes to                        Protection of Wetlands; and                           written in the English language, and be
                                                construct multiple safety improvements                    (17) Title VI of the Civil Rights Act of            no greater than 15 pages in length,
                                                at specific site locations along the State              1964, as amended.                                     although there is no limit to the length
                                                Route 84 (SR–84) corridor between SR                    (Catalog of Federal Domestic Assistance               of necessary attachments to the
                                                238 (Mission Boulevard) and the SR–84/                  Program Number 20.205, Highway Planning               comments. If comments are submitted
                                                Interstate 680 Separation. Improvements                 and Construction. The regulations                     in hard copy form, please ensure that
                                                of the project include, but are not                     implementing Executive Order 12372                    two copies are provided. If you wish to
                                                limited to, fixed object removal and                    regarding intergovernmental consultation on           receive confirmation that your
                                                relocation, the installation of a rock                  Federal Programs and activities apply to this
                                                                                                                                                              comments were received, please enclose
                                                                                                        program.)
                                                drapery system and a rockfall fence,                                                                          a stamped, self-addressed postcard with
                                                limited shoulder widening, widening                       Authority: 23 U.S.C. 139(l)(1).                     the comments. Note that all comments
                                                and barrier replacement on Alameda                      Tashia J. Clemons,                                    received will be posted without change
                                                Creek Bridge and Overhead (Bridge 33–                   Director of Program Development, Federal              to https://www.regulations.gov,
                                                0039), and the signalization of the                     Highway Administration, Sacramento, CA.               including any personal information
                                                Pleasanton-Sunol Road/SR–84                             [FR Doc. 2018–02610 Filed 2–8–18; 8:45 am]
                                                                                                                                                              provided. Please see the Privacy Act
                                                intersection. The purpose of this project                                                                     heading below.
                                                                                                        BILLING CODE 4910–RY–P
                                                is to improve safety at spot locations                                                                           Privacy Act: Anyone is able to search
                                                and address structural and operational                                                                        the electronic form of all comments
                                                deficiencies on SR–84. The actions by                   DEPARTMENT OF TRANSPORTATION                          received into any of our dockets by the
                                                the Federal agencies, and the laws                                                                            name of the individual submitting the
                                                under which such actions were taken,                    National Highway Traffic Safety                       comment (or signing the comment, if
                                                are described in the Final                              Administration                                        submitted on behalf of an association,
                                                Environmental Impact Report (EIR)/                                                                            business, labor union, etc.). You may
                                                                                                        [Docket No. NHTSA–2018–0006; Notice 1]
                                                Environmental Assessment (EA) with                                                                            review DOT’s complete Privacy Act
                                                Finding of No Significant Impact                        Notice of Receipt of Petition for                     Statement in the Federal Register
                                                (FONSI) for the project, approved on                    Decision That Nonconforming Model                     published on April 11, 2000 (65 FR
                                                January 18, 2018, and in the Caltrans                   Year 2017 UKANG FT–200 Trailers Are                   19477–78).
                                                Finding of No Significant Impact                        Eligible for Importation                                 How to Read Comments submitted to
                                                (FONSI) issued on January 18, 2018, and                                                                       the Docket: You may read the comments
                                                in other documents in the Caltrans                      AGENCY:  National Highway Traffic                     received by Docket Management at the
                                                project records. The Final EIR/EA with                  Safety Administration (NHTSA),                        address and times given above. You may
                                                FONSI, FONSI, and other project                         Department of Transportation (DOT).                   also view the documents from the
                                                records are available by contacting                     ACTION: Receipt of petition.                          internet at http://www.regulations.gov.
                                                Caltrans at the address provided above.                                                                       Follow the online instructions for
                                                The Caltrans Final EIR/EA and FONSI                     SUMMARY:   This document announces                    accessing the dockets. The docket ID
                                                can be viewed and downloaded from                       receipt by NHTSA of a petition for a                  number and title of this notice are
                                                the project website at http://                          decision that model year (MY) 2017                    shown at the heading of this document
                                                www.dot.ca.gov/d4/envdocs.htm. This                     UKANG FT–200 trailers that were not                   notice. Please note that even after the
                                                notice applies to all Federal agency                    originally manufactured to comply with                comment closing date, we will continue
                                                decisions as of the issuance date of this               all applicable Federal Motor Vehicle                  to file relevant information in the
                                                notice and all laws under which such                    Safety Standards (FMVSS) are eligible                 Docket as it becomes available. Further,
                                                actions were taken, including but not                   for importation into the United States                some people may submit late comments.
                                                limited to:                                             because they have safety features that                Accordingly, we recommend that you
                                                   (1) Council on Environmental Quality                 comply with, or are capable of being                  periodically search the Docket for new
                                                regulations;                                            altered to comply with, all such                      material.
                                                   (2) National Environmental Policy Act                standards.                                            FOR FURTHER INFORMATION CONTACT:
                                                (NEPA);                                                 DATE:  The closing date for comments on               George Stevens, Office of Vehicle Safety
                                                   (3) Moving Ahead for Progress in the                 the petition is February 9, 2018.                     Compliance, NHTSA (202–366–5308).
                                                21st Century Act (MAP–21);
                                                   (4) Department of Transportation Act                 ADDRESSES: Comments should refer to                   SUPPLEMENTARY INFORMATION:
                                                of 1966;                                                the docket and notice numbers above
                                                                                                                                                              Background
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                                                   (5) Federal Aid Highway Act of 1970;                 and be submitted by any of the
                                                   (6) Clean Air Act Amendments of                      following methods:                                      Under 49 U.S.C. 30141(a)(1)(B), a
                                                1990;                                                     • Federal eRulemaking Portal: Go to                 motor vehicle that was not originally
                                                   (7) Noise Control Act of 1970;                       http://www.regulations.gov. Follow the                manufactured to conform to all
                                                   (8) 23 CFR part 772 FHWA Noise                       online instructions for submitting                    applicable FMVSS, and has no
                                                Standards, Policies and Procedures;                     comments.                                             substantially similar U.S.-certified
                                                   (9) Department of Transportation Act                   • Mail: Docket Management Facility:                 counterpart, shall be refused admission
                                                of 1966, Section 4(f);                                  U.S. Department of Transportation, 1200               into the United States unless NHTSA


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Document Created: 2018-02-09 00:12:00
Document Modified: 2018-02-09 00:12:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327.
DatesBy this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal Agency Actions on the highway project will be barred unless the claim is filed on or before July 9, 2018. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.
ContactFor Caltrans: Brian Gassner, Environmental Branch Chief, Office of Environmental Analysis, California Department of Transportation--District 4, 111 Grand Avenue, Oakland, California, 8 a.m. to 5 p.m., (510) 286-6025, [email protected]
FR Citation83 FR 5825 

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