Notice of Final Federal Agency Actions on Proposed Highway Project in Rhode Island

Carlos C. Machado
Federal Highway Administration
8 February 2019

[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2943-2944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01062]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway 
Project in Rhode Island

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA.

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SUMMARY: This notice announces actions taken by the FHWA that are final 
pursuant to the statute. The actions relate to a proposed highway 
project, Toll Locations 3,4 & 6 through 13 in the Cities/Towns of 
Warwick, Providence, Pawtucket, Cranston, Johnston, Cumberland, East 
Providence, Lincoln and North Smithfield in the State of Rhode Island, 
FHWA Project Number T0LL002, Rhode Island Department of Transportation 
(RIDOT) Contract Number 2017-OT-002.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(1)(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 8, 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: For FHWA: Mr. Carlos E. Padilla-
Fresse, MSCE, Program Delivery Supervisor, Federal Highway 
Administration Rhode Island Division, 380 Westminster Mall, Suite 601, 
Providence, Rhode Island 02903: telephone: (401) 528-4577;

[[Page 2944]]

email: Carlos.Padilla@dot.gov. The FHWA Rhode Island Division Office's 
normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard 
Time), Monday through Friday, except Federal Holidays. For RIDOT: Mr. 
David Fish, P.E., Administrator of Project Management, Rhode Island 
Department of Transportation, Two Capitol Hill, Providence, Rhode 
Island 02903-1124, telephone: (401) 222-2023, email: 
david.fish@dot.ri.gov. RIDOT normal business hours are 8:00 a.m. to 
4:30 p.m. (Eastern Standard Time), Monday through Friday, except 
Federal Holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions subject to 23 U.S.C. 139(1)(1) by issuing a 
Finding of No Significant Impact (FONSI) for the following highway 
project in the State of Rhode Island: Toll Locations 3, 4 & 6 through 
13 in the Cities/Towns of Warwick, Providence, Pawtucket, Cranston, 
Johnston, Cumberland, East Providence, Lincoln and North Smithfield. 
RIDOT proposes to construct and operate electronic toll systems at ten 
locations along Interstates 95, 195 and 295, and Route 146 and US Route 
6 (Proposed Action). Revenue from Toll Locations 3, 4 & 6 through 13 
would be generated and used in accordance with The Rhode Island Bridge 
Replacement, Reconstruction and Maintenance Fund Act of 2016. The 
proposed toll systems would be used to collect toll revenue from a 
tractor or truck tractor as defined in 23 CFR 658.5, pulling a trailer 
or trailers traveling across select bridges associated with the toll 
locations. Each toll system would be comprised of one or more gantries 
with communication and electrical connections, a roadside cabinet on a 
concrete pad, and additional safety guardrail.
    The actions by the FHWA, and the laws under which such actions were 
taken, are described in the Environmental Assessment (EA) for the 
project approved on November 8, 2018, and a Finding of No Significant 
Impact (FONSI) issued on December 14, 2018, and in other documents in 
the project records. The EA, FONSI, and other project records are 
available by contacting the FHWA or the Rhode Island Department of 
Transportation at the addresses provided above. The EA and FONSI can be 
viewed and downloaded from the project website at http://www.dot.ri.gov/rhodeworks/.
    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. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4370h]; Federal-Aid Highway Act [Title 23] and associated 
regulations [CFR part 23].
    2. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [P.L. 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)]; Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976 (42 U.S.C. 6901, et seq.).
    3. Air: Clean Air Act, [42 U.S.C. 7401-7671(q)] (transportation 
conformity).
    4. Noise: 23 U.S.C. 109(i) (P.L. 91-605) (P.L. 93-87).
    5. 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]. Plant Protection Act [7 U.S.C. 7701 et seq.].
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, [54 U.S.C. 306108]; Archeological 
Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(mm)]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469 c-2]; 
Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-
3013].
    7. Land: Section 4(f) of The Department of Transportation Act: [49 
U.S.C. 303; 23 U.S.C. 138] Farmland Protection Policy Act (FPPA) [7 
U.S.C. 4201-4209].
    8. Wetlands and Water Resources: Clean Water Act [33 U.S.C 1251-
1387 (Sections 319, 401, and 404)); Flood Disaster Protection Act (42 
U.S.C.4012a 4106).
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low Income Populations; E.O. 11988 Floodplain 
Management; E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments.

(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).


    Issued on: December 20, 2018.
Carlos C. Machado,
FHWA Rhode Island Division Administrator, Providence, Rhode Island.
[FR Doc. 2019-01062 Filed 2-7-19; 8:45 am]
 BILLING CODE 4910-22-P