83 FR 63699 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 237 (December 11, 2018)

Page Range		63699-63699
FR Document		2018-26759

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final. The actions relate to the Mount Vernon Avenue Bridge Project, which would replace the existing Mount Vernon Avenue Bridge (Bridge Number 54C-066) over the Burlington Northern Santa Fe (BNSF) rail yard in the City of San Bernardino, San Bernardino County, California. Those actions grant approvals for the project.

Federal Register, Volume 83 Issue 237 (Tuesday, December 11, 2018)

[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Page 63699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26759]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

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 Mount Vernon Avenue Bridge Project, which would replace the 
existing Mount Vernon Avenue Bridge (Bridge Number 54C-066) over the 
Burlington Northern Santa Fe (BNSF) rail yard in the City of San 
Bernardino, San Bernardino County, California. Those actions grant 
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 Off the 
Highway System Project will be barred unless the claim is filed on or 
BEFORE May 10, 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 applies.

FOR FURTHER INFORMATION CONTACT: For Caltrans: Aaron Burton, Senior 
Environmental Planner, Local Assistance-Environmental Support, 
California Department of Transportation District 8, 464 West Fourth 
Street, 6th floor, MS 760, San Bernardino, CA 92401 during regular 
office hours from 8:00 a.m. to 5:00 p.m., Telephone number: (909) 383-
2841, email: [email protected]. For FHWA, contact Larry Vinzant 
at (916) 498-5040 or email [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
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 Mount 
Vernon Avenue Bridge Project in the State of California. The Mount 
Vernon Avenue Bridge Project proposes to replace the existing Mount 
Vernon Avenue Bridge (Bridge Number 54C-066) over the BNSF rail yard in 
the City of San Bernardino, San Bernardino County, California. The 
proposed project covers a distance of approximately 0.5 mile. The 
purpose of the project is to provide a bridge that is structurally safe 
and meets current seismic, design, and roadway standards. A National 
Environmental Policy Act (NEPA) Finding of No Significant Impact 
(FONSI) was adopted for the project in June 2011. Since the NEPA 
document was adopted, it has been noted that additional project 
improvements and refinements are needed that were not included in the 
adopted NEPA document. A Supplemental Environmental Assessment (EA) was 
prepared to focus on impacts that would result from proposed changes to 
the approved project since adoption of the FONSI in 2011.
    Mount Vernon Avenue is considered a Major Arterial per the City of 
San Bernardino General Plan. Thus, it is a connecting link between 
economic centers both within the City and the region as a whole. Mount 
Vernon Avenue Bridge provides an additional access route to rail and 
mass transit (Metrolink) facilities in the immediate area that also 
interface with port and airport facilities. The bridge is currently 
closed to all commercial traffic, including trucks and buses. Any 
permanent long-term closure of the Mount Vernon Avenue Bridge would 
remove an important connection linking communities north and south of 
the BNSF railroad. Implementation of the Mount Vernon Avenue Bridge 
Project would replace the existing bridge to improve seismic 
performance, provide standard vertical clearance over the rail tracks, 
and comply with American Association of State Highway and 
Transportation Officials (AASHTO) roadway cross section standards.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Supplemental EA for the 
project, approved on May 22, 2018 and the FONSI issued on October 9, 
2018 and in other documents in the Caltrans' project records. The EA, 
FONSI and other project records are available by contacting Caltrans at 
the address provided above. The Caltrans EA and FONSI can be viewed and 
downloaded from the project website at http://gosbcta.com/plans-projects/projects/mt-vernon/envi-docs/2018-eval/Mt_Vernon_EA_Final_52218.pdf.
    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. National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351]; 
Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Section 4(f) of the U.S. Department of Transportation Act of 
1966 [49 U.S.C. 303].
    4. Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536], 
Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory 
Bird Treaty Act [16 U.S.C. 703-712].
    5. Section 106 of the National Historic Preservation Act of 1966, 
as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources 
Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archeological and 
Historic Preservation Act [16 U.S.C. 469 469(c)]; Native American Grave 
Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
    6. Clean Water Act 33 U.S.C. 1251-1387.
    7. Farmland Protection Policy Act [7 U.S.C. 4201-4209 and its 
regulations].
    8. 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. 13112 Invasive 
Species.

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

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

Shawn Oliver,
Environmental Team Leader, Federal Highway Administration, Sacramento, 
California.
[FR Doc. 2018-26759 Filed 12-10-18; 8:45 am]
 BILLING CODE 4910-RY-P

Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices 63699

3. This decision is effective on the project pursuant to 23 U.S.C. 327. provided above. The Caltrans EA and
date of service. Notice is hereby given that Caltrans has FONSI can be viewed and downloaded
By the Board, Scott M. Zimmerman, Acting taken final agency actions subject to 23 from the project website at http://
Director, Office of Proceedings. U.S.C. 139(l)(1) by issuing licenses, gosbcta.com/plans-projects/projects/mt-
Jeffrey Herzig, permits, and approvals for the following vernon/envi-docs/2018-eval/Mt_
Mount Vernon Avenue Bridge Project in Vernon_EA_Final_52218.pdf.
Clearance Clerk.
the State of California. The Mount
[FR Doc. 2018–26785 Filed 12–10–18; 8:45 am]
Vernon Avenue Bridge Project proposes This notice applies to all Federal
BILLING CODE 4915–01–P
to replace the existing Mount Vernon agency decisions as of the issuance date
Avenue Bridge (Bridge Number 54C– of this notice and all laws under which
066) over the BNSF rail yard in the City such actions were taken, including but
DEPARTMENT OF TRANSPORTATION of San Bernardino, San Bernardino not limited to:
County, California. The proposed 1. National Environmental Policy Act
Federal Highway Administration project covers a distance of (NEPA) [42 U.S.C. 4321–4351]; Federal-
Notice of Final Federal Agency Actions approximately 0.5 mile. The purpose of Aid Highway Act [23 U.S.C. 109 and 23
on Proposed Highway in California the project is to provide a bridge that is U.S.C. 128].
structurally safe and meets current
AGENCY: Federal Highway seismic, design, and roadway standards. 2. Clean Air Act [42 U.S.C. 7401–
Administration (FHWA), DOT. A National Environmental Policy Act 7671(q)].
ACTION: Notice of limitation on claims (NEPA) Finding of No Significant 3. Section 4(f) of the U.S. Department
for judicial review of actions by the Impact (FONSI) was adopted for the of Transportation Act of 1966 [49 U.S.C.
California Department of Transportation project in June 2011. Since the NEPA 303].
(Caltrans), pursuant to 23 U.S.C. 327. document was adopted, it has been 4. Endangered Species Act [16 U.S.C.
noted that additional project
SUMMARY: The FHWA, on behalf of 1531–1544 and Section 1536], Fish and
improvements and refinements are
Caltrans, is issuing this notice to Wildlife Coordination Act [16 U.S.C.
needed that were not included in the
announce actions taken by Caltrans, that adopted NEPA document. A 661–667(d)], Migratory Bird Treaty Act
are final. The actions relate to the Supplemental Environmental [16 U.S.C. 703–712].
Mount Vernon Avenue Bridge Project, Assessment (EA) was prepared to focus 5. Section 106 of the National Historic
which would replace the existing Mount on impacts that would result from Preservation Act of 1966, as amended
Vernon Avenue Bridge (Bridge Number proposed changes to the approved [16 U.S.C. 470(f) et seq.]; Archeological
54C–066) over the Burlington Northern project since adoption of the FONSI in Resources Protection Act of 1977 [16
Santa Fe (BNSF) rail yard in the City of 2011. U.S.C. 470(aa)–11]; Archeological and
San Bernardino, San Bernardino Mount Vernon Avenue is considered Historic Preservation Act [16 U.S.C. 469
County, California. Those actions grant a Major Arterial per the City of San 469(c)]; Native American Grave
approvals for the project. Bernardino General Plan. Thus, it is a Protection and Repatriation Act
DATES: By this notice, the FHWA, on connecting link between economic (NAGPRA) [25 U.S.C. 3001–3013].
behalf of Caltrans, is advising the public centers both within the City and the
of final agency actions subject to 23 region as a whole. Mount Vernon 6. Clean Water Act 33 U.S.C. 1251–
U.S.C. 139(l)(1). A claim seeking Avenue Bridge provides an additional 1387.
judicial review of the Federal agency access route to rail and mass transit 7. Farmland Protection Policy Act [7
actions on the Off the Highway System (Metrolink) facilities in the immediate U.S.C. 4201–4209 and its regulations].
Project will be barred unless the claim area that also interface with port and
8. E.O. 11990 Protection of Wetlands;
is filed on or BEFORE May 10, 2019. If airport facilities. The bridge is currently
closed to all commercial traffic, E.O. 11988 Floodplain Management;
the Federal law that authorizes judicial E.O. 12898 Federal Actions to Address
review of a claim provides a time period including trucks and buses. Any
permanent long-term closure of the Environmental Justice in Minority
of less than 150 days for filing such
Mount Vernon Avenue Bridge would Populations and Low-Income
claim, then that shorter time period
remove an important connection linking Populations; E.O. 11593 Protection and
applies.
communities north and south of the Enhancement of Cultural Resources;
FOR FURTHER INFORMATION CONTACT: For BNSF railroad. Implementation of the E.O. 13112 Invasive Species.
Caltrans: Aaron Burton, Senior Mount Vernon Avenue Bridge Project
Environmental Planner, Local (Catalog of Federal Domestic Assistance
would replace the existing bridge to Program Number 20.205, Highway Planning
Assistance-Environmental Support, improve seismic performance, provide and Construction. The regulations
California Department of Transportation standard vertical clearance over the rail implementing Executive Order 12372
District 8, 464 West Fourth Street, 6th tracks, and comply with American regarding intergovernmental consultation on
floor, MS 760, San Bernardino, CA Association of State Highway and Federal programs and activities apply to this
92401 during regular office hours from Transportation Officials (AASHTO) program.)
8:00 a.m. to 5:00 p.m., Telephone roadway cross section standards.
number: (909) 383–2841, email: The actions by the Federal agencies, Authority: 23 U.S.C. 139(l)(1).
aaron.burton@dot.ca.gov. For FHWA, and the laws under which such actions Shawn Oliver,
contact Larry Vinzant at (916) 498–5040 were taken, are described in the
amozie on DSK3GDR082PROD with NOTICES1

or email larry.vinzant@dot.gov. Environmental Team Leader, Federal
Supplemental EA for the project, Highway Administration, Sacramento,
SUPPLEMENTARY INFORMATION: Effective approved on May 22, 2018 and the California.
July 1, 2007, the Federal Highway FONSI issued on October 9, 2018 and in
[FR Doc. 2018–26759 Filed 12–10–18; 8:45 am]
Administration (FHWA) assigned, and other documents in the Caltrans’ project
BILLING CODE 4910–RY–P
the California Department of records. The EA, FONSI and other
Transportation (Caltrans) assumed, project records are available by
environmental responsibilities for this contacting Caltrans at the address

VerDate Sep<11>2014 17:51 Dec 10, 2018 Jkt 247001 PO 00000 Frm 00088 Fmt 4703 Sfmt 9990 E:\FR\FM\11DEN1.SGM 11DEN1

Document Created: 2018-12-11 01:06:44
Document Modified: 2018-12-11 01:06:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327.
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 Off the Highway System Project will be barred unless the claim is filed on or BEFORE May 10, 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 applies.
Contact		For Caltrans: Aaron Burton, Senior Environmental Planner, Local Assistance-Environmental Support, California Department of Transportation District 8, 464 West Fourth Street, 6th floor, MS 760, San Bernardino, CA 92401 during regular office hours from 8:00 a.m. to 5:00 p.m., Telephone number: (909) 383- 2841, email: [email protected] For FHWA, contact Larry Vinzant at (916) 498-5040 or email [email protected]
FR Citation		83 FR 63699

83 FR 63699 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 83, Issue 237 (December 11, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration