Notice of Final Federal Agency Actions on Proposed Highway in California

Topics:  United States Numbered Highways

Shawn Oliver
Federal Highway Administration
11 December 2018

[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Page 63699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: aaron.burton@dot.ca.gov. For FHWA, contact Larry Vinzant 
at (916) 498-5040 or email larry.vinzant@dot.gov.

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