Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50205 

1For this notice and the Federal Register notice 

with the 60-day comment period, the FAA used 

updated figures in its estimate from those used in 

the NPRM. 

2This assumes each formal complaint would 

meet the requirements as laid out in 14 CFR 13.5(b), 

so the FAA could send a copy of the complaint to 

the subject of each complaint to give them an 

opportunity to submit a written answer. 3Source: U.S. Bureau of Labor Statistics, May 

2018 National Occupational Employment and Wage 

Estimates, see Occupational Code #00–0000, All 

Occupations (https://www.bls.gov/oes/2018/may/ 

oes_nat.htm). 4 Derived from the U.S. Bureau of Labor Statistics, 

Employer Costs for Employee Compensation– 

September 2019 (https://www.bls.gov/news.release/ 

archives/ecec_09172019.pdf, September 17, 2019 

release), which indicates that wages and salaries 

were 68.6% of total employee compensation (salary 

and benefits) providing a fringe benefit factor of 

about 1.4577 (=1 ÷ 0.686). The FAA uses this factor 

to estimate the total ‘‘burdened’’ employee 

compensation (salary and benefits) hourly wage rate 

of $36.36 (=$24.98 × 1.4557). 

5https://www.gpo.gov/docs/default-source/ 

gpoexpress-pdf-files/gpo_express_pricelist.pdf. 

6https://www.usps.com/ship/insurance-extraservices.htm. 

7The FAA assumes that 75% of the work would 

be performed by an FAA attorney at a grade level 

14 step five hourly wage of $60.83 and 25% by an 

FAA attorney at a grade level 15 step five hourly 

wage of $71.56 (wages based on U.S. Office of 

Personnel Management General Schedule Salary 

Data). 

8The FAA uses a civilian fringe benefit cost 

factor of 36.25% (or 1.3625) to estimate the total 

‘‘burdened’’ FAA employee compensation (salary 

and benefits) hourly wage rate of $86.54 (=$63.51 

× 1.3625). The civilian fringe benefit cost factor is 

based on guidance from the U.S. Office of 

Management and Budget (https://

www.whitehouse.gov/sites/whitehouse.gov/files/ 

omb/memoranda/2008/m08-13.pdf). 

a formal complaint acceptable under 

§ 13.5. Most of this time would be the 

research required to determine which 

laws the subject of the complaint 

allegedly violated. The second largest 

amount of time would be devoted to 

writing the ‘‘concise but complete’’ 

statement of facts substantiating the 

complaint. After the FAA reviews the 

complaint and confirms it meets the 

requirements, each subject of the 

complaint would have an opportunity to 

submit a written answer. The FAA 

estimates it would take the subject of 

the complaint about four hours to write 

an answer to the complaint. 

The estimated average burden on the 

FAA for each complaint is eight hours, 

broken down as follows: A complaint 

would take the FAA no more than four 

hours to review to confirm it meets the 

requirements as laid out in 14 CFR 

13.5(b). The FAA would take an 

additional hour to send the complaint to 

the subjects of that complaint. The FAA 

would then take another estimated three 

hours to determine if an investigation 

would be necessary. 

Estimated Total Annual Burden: 1 The 

FAA estimates the total annual 

combined (public + FAA) annual 

burden and cost of the information 

requirements to be about 112 hours and 

$7,138. 

For the public, the estimated total 

annual hourly burden would be 56 

hours, and the estimated total annual 

cost burden would be about $2,036. 

This burden to the public is calculated 

as follows: Based on the number of 

formal complaints the FAA received 

during the three years preceding 

preparation of the NPRM, the FAA 

estimates there would be seven 

complaints filed per year by seven 

complainants. Each complaint would 

take no more than four hours to 

complete. The annual hourly burden 

would be 28 hours for the public to 

submit formal complaints (7 complaints 

× 4 hours = 28 hours). After the FAA 

reviews the complaint and confirms it 

meets the requirements, each subject of 

the complaint would have an 

opportunity to submit a written answer. 

The FAA estimates this would take the 

subject four hours. The annual hourly 

burden to the public would be another 

28 hours for the subject of the complaint 

to provide a written answer (7 written 

answers × 4 hours = 28 hours).2 The 

total annual hourly burden to the public 

would be 56 hours. Since a complainant 

and a subject of a complaint could be 

employed in any occupation, the FAA 

selected a mean hourly wage rate for all 

occupations in the United States. The 

U.S. Bureau of Labor Statistics estimates 

the mean hourly wage rate of all 

occupations was $24.98 in May 2018.3

The FAA estimates the total burdened 

hourly wage rate is $36.36 when 

including full employee benefits.4 The 

total annual cost burden to the public 

would be about $2,036 ($36.36 × 56 

hours). In addition to labor hours, the 

complainants would incur copying and 

mailing costs for seven annual 

complaints estimated at $102.90; or 

$52.15 for complainants [($.50 for a 5- 

page complaint, including attachments, 

at $.10 per page 5 + $6.95 first-class 

certified mail with return receipt 6) × 7] 

and $50.75 for subjects of complaints 

[($.30 for a 3-page response, including 

attachments, at $.10 per page + $6.95 

first-class certified mail with return 

receipt) × 7]. 

For the FAA, the estimated total 

annual hourly burden would be 56 

hours, and the estimated total annual 

cost burden would be about $4,846. 

This burden to the FAA is calculated as 

follows: The complaint would take the 

FAA no more than four hours to review 

to confirm it meets the requirements as 

laid out in 14 CFR 13.5(b), which results 

in an annual time burden of 28 hours (7 

complaints × 4 hours = 28 hours). The 

FAA would take an additional hour to 

send the complaint to the subjects of 

that complaint, which would add seven 

hours (7 complaints × 1 hour = 7 hours). 

The FAA would then take another 

estimated three hours to determine if an 

investigation would be necessary, 

adding 21 hours (7 complaints × 3 hours 

= 21 hours) to the FAA annual burden. 

This results in a total annual burden of 

56 hours (28 hours + 7 hours + 21 hours 

= 56 hours) for the FAA. The FAA 

assumes an FAA hourly wage rate of 

$63.51.7 The FAA estimates the total 

burdened FAA hourly wage rate to be 

$86.54 when including full civilian 

employee benefits.8 The total annual 

cost burden to the FAA to review and 

process the complaint would be $4,846 

($86.54 × 56 = $4,846). In addition to 

labor hours, the FAA would incur 

copying and mailing costs for seven 

annual complaints estimated at $152.95; 

or $52.85 for mailing complaints to 

subjects [($.60 for a 5-page complaint 

with a 1-page cover letter at $.10 per 

page + $6.95 first-class certified mail 

with return receipt) × 7] and $100.10 for 

mailing the agency’s determination to 

both complainants and subjects of 

complaints [2 × ($.20 for a 2-page 

determination letter at $.10 per page + 

$6.95 first-class certified mail with 

return receipt) × 7]. 

Issued in Washington, DC, on September 1, 

2021. 

Cynthia A Dominik, 

Assistant Chief Counsel for Enforcement 

Division. 

[FR Doc. 2021–19271 Filed 9–3–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Intent To Prepare a Draft 

Environmental Impact Statement for 

the Interstate 405 ExpressLanes 

Project, in Los Angeles County, 

California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of intent (NOI) to prepare 

a draft environmental impact statement 

for the Interstate 405 (I–405) 

ExpressLanes project. 

SUMMARY: The FHWA, on behalf of the 

California Department of Transportation 

(Caltrans), is issuing this notice to 

advise the public that a Draft EIS will 

be prepared for the I–405 ExpressLanes 


sradovich on DSKJLST7X2PROD with NOTICES
50206 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 

project, a proposed highway project in 

Los Angeles County, California. 

DATES: The formal scoping period has 

been extended and will occur from 

August 3 through October 1, 2021. The 

deadline for comments is 5:00 p.m. on 

October 1, 2021. Three virtual public 

scoping meetings have been held on: 

• Saturday, August 14, 2021; 10 a.m.–12 

p.m. 

• Tuesday, August 17, 2021; 6–8 p.m. 

• Wednesday, August 18, 2021; 11:30 

a.m.–1:30 p.m. 

ADDRESSES: The virtual meeting link 

was made available on the project 

website at www.metro.net/ 

405expresslanes. A recording of one of 

the public scoping meetings, in English 

and in Spanish, is available for viewing 

via the interactive StoryMap on the 

project website. 

FOR FURTHER INFORMATION CONTACT: For 

Caltrans, contact Ronald Kosinski, 

Deputy District Director, Division of 

Environmental Planning, Caltrans 

District 7, 100 S Main Street, MS 16A, 

Los Angeles, CA, 90012, (213) 507– 

4301, or email ron.kosinski@dot.ca.gov. 

For FHWA, contact David Tedrick, 

telephone (916) 498–5024, or email 

David.tedrick@dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, FHWA assigned, and 

Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Caltrans, as the 

assigned National Environmental Policy 

Act (NEPA) agency, will prepare a Draft 

EIS on a proposal for a highway 

improvement project in Los Angeles 

County, California. 

The Project proposes to improve 

traffic conditions on Interstate 405 (I– 

405) starting in the south at Interstate 10 

(I–10) and terminating in the north at 

U.S. Highway 101 (US–101). The 

proposed Project will reduce 

congestion, encourage carpooling and 

transit, improve trip reliability, reduce 

degradation of the carpool and generalpurpose lanes, increase person 

throughput, and apply technology to 

help manage traffic. The range of 

improvements may include, but not be 

limited to, converting existing HOV 

lanes to ExpressLanes or adding an 

additional Express Lane in each 

direction and converting existing HOV 

lanes to ExpressLanes. 

Currently, the following alternatives 

are being considered, all approximately 

10 miles in length: 

• Alternative 1: The No-Build/No 

Action Alternative does not include 

improvements to the existing lanes 

along I–405 between I–10 and US–101. 

• Alternative 2: Convert Existing 

HOV to One ExpressLane (Standard 

Lane and Shoulder Widths). This build 

alternative would convert the existing 

HOV lane in each direction, along I–405 

between I–10 and US–101, to an 

ExpressLane. The northbound and 

southbound directions of the freeway 

would be restriped within the existing 

footprint to accommodate one 12-foot 

wide ExpressLane with a 4-foot wide 

buffer separating the ExpressLane from 

the 12-foot wide general-purpose lanes. 

Dynamic pricing would be deployed in 

the ExpressLane to ensure trip 

reliability and traffic flow. Installation 

of toll and communication 

infrastructure and modification/ 

installation of overhead signs would be 

required. Alternative 2 proposes to 

widen the freeway, where necessary, to 

accommodate an additional weave lane 

at ExpressLane ingress/egress locations 

and maintain stopping sight distance at 

curves. Non-standard inside shoulders 

would be maintained in a few locations 

where constraints exist, and standard 

10-foot outside shoulders would be 

provided where possible. Retaining 

walls would be provided where 

required to minimize and avoid right-ofway (ROW) acquisition. Other 

improvements include construction of 

retaining walls and sound walls, utility 

improvements, and drainage 

improvements. 

• Alternative 3: Convert Existing 

HOV Lane to Two ExpressLanes (NonStandard Lane and Shoulder Widths). 

This build alternative would convert the 

existing HOV lane to an ExpressLane 

and add a second ExpressLane in each 

direction between I–10 and US–101. 

The freeway would be widened and 

restriped to accommodate the two 

ExpressLanes with a buffer separating 

the ExpressLanes from the generalpurpose lanes. Dynamic pricing would 

be deployed in the ExpressLanes to 

ensure trip reliability and traffic flow. 

Installation of toll and communication 

infrastructure and modification/ 

installation of overhead signs would be 

required. Alternative 3 proposes to 

widen the freeway to the outside in 

order to accommodate the proposed 

two-lane ExpressLane facility as 

described. Non-standard lanes and 

shoulders would be provided to 

accommodate for the addition of the 

new ExpressLanes as part of Alternative 

3. Retaining walls would be provided 

where required to minimize and avoid 

ROW acquisition. The reduction of 

shoulder and lane widths allows for 

accommodation of the proposed twolane ExpressLane facility without 

significant proposed roadway widening. 

However, in locations with the 

following conditions, additional 

roadway widening may be required: 

• 12-foot wide weaving lane at 

ExpressLane ingress/egress locations. 

• Widening of inside/outside 

shoulders to maintain sight distance. 

Other improvements include 

construction of retaining walls and 

sound walls, utility improvements, and 

drainage improvements. 

• Alternative 4: Convert Existing 

HOV Lane to Two ExpressLanes 

(Standard Lanes and Shoulder Widths). 

This build alternative would convert the 

existing HOV lane, between I–10 and 

US–101, to an ExpressLane in each 

direction, and a second ExpressLane in 

each direction would also be added, 

while providing standard lane widths, 

shoulder widths and stopping sight 

distances. The freeway would be 

widened and restriped to accommodate 

the two ExpressLanes with a buffer 

separating the ExpressLanes from the 

general-purpose lanes. Dynamic pricing 

would be deployed in the ExpressLanes 

to ensure trip reliability and traffic flow. 

Installation of toll and communication 

infrastructure and modification/ 

installation of overhead signs would be 

required. Alternative 4 proposes to 

widen the freeway to the outside in 

order to accommodate the proposed 

standard two-lane ExpressLane facility 

as described. Retaining walls would be 

provided where required to minimize 

and avoid ROW acquisition. 

Reconstruction of some existing freeway 

structures would be required to 

implement Alternative 4’s standard 

roadway cross-section. Other 

improvements include construction of 

retaining walls and sound walls, utility 

improvements, and drainage 

improvements. 

• Alternative 5: Add an Additional 

HOV Lane (Non-standard Lane and 

Shoulder Widths). This build alternative 

would add an additional HOV lane, 

between I–10 and US–101, in each 

direction. The freeway would be 

widened and restriped to accommodate 

the two HOV lanes with a buffer 

separating the HOV lanes from the 

general-purpose lanes. Alternative 5 

proposes to widen the freeway to the 

outside in order to accommodate the 

proposed two-lane HOV facility as 

described. Non-standard lanes and 

shoulders would be provided in order to 

accommodate for the addition of the 

new HOV lane as part of Alternative 5. 

Retaining walls would be provided 

where required to minimize and avoid 

ROW acquisition. The reduction of 

shoulder and lane widths allows for 

accommodation of the proposed twolane HOV facility without significant 

proposed roadway widening. However, 


sradovich on DSKJLST7X2PROD with NOTICES
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50207 

in locations with the following 

conditions, additional roadway 

widening may be required: 

• 12-foot wide weaving lane at HOV 

ingress/egress locations. 

• Widening of inside/outside 

shoulder to maintain sight distance. 

Other improvements include 

construction of retaining walls and 

sound walls, utility improvements, and 

drainage improvements. 

Anticipated Federal and State 

approvals include permits under the 

National Pollutant Discharge 

Elimination System (NPDES), Clean 

Water Act (CWA) Section 401 Water 

Quality, CWA Section 404 Nationwide 

Permit from the United States Army 

Corps of Engineers (USACE), California 

Fish and Game Code Section 1602 Lake 

or Streambed Alteration Agreement 

from the California Department of Fish 

and Wildlife (CDFW), Section 7 

Consultation with the United States 

Fish and Wildlife Service (USFWS) for 

listed species under the Federal 

Endangered Species Act (FESA), and 

CDFW 2080.1 Consistency 

Determination for listed species under 

the California Endangered Species Act 

(CESA). 

Letters describing the proposed action 

and soliciting comments have been sent 

to appropriate Federal, State, 

Participating Agencies, Tribal 

governments and groups, local agencies, 

and to private organizations and citizens 

who have previously expressed or are 

known to have interest in this proposal. 

The public scoping process officially 

began in August 2021. Virtual public 

scoping meetings were held in August 

2021. Comments may be submitted 

during the public scoping period via 

mail, email, the project website 

comment form, or the project hotline. 

Submit comments by mail to the 

following address: Ron Kosinski, 

Deputy District Director, Caltrans 

District 7, 100 S Main Street, MS 16A, 

Los Angeles, CA 90012. Submit 

comments by email to 405expresslanes@

metro.net. Submit comments via 

comment form on the project website at 

www.metro.net/405expresslanes. 

Submit oral comments by calling (213) 

922–4860 to leave a voice recording. All 

comments must be received no later 

than October 1, 2021 at 5:00 p.m. In 

addition, a public hearing will be held 

once the Draft EIS is completed. Public 

notice will be given of the time and 

place of the meeting and hearing. The 

Draft EIS will be available for public 

and agency review and comment prior 

to the public hearing. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments, and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the EIS should be 

directed to Caltrans at the address 

provided above. 

(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.) 

Issued on: September 1, 2021. 

Rodney Whitfield, 

Director, Financial Services, Federal Highway 

Administration, California Division. 

[FR Doc. 2021–19314 Filed 9–3–21; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[PHMSA–2019–0098] 

Lithium Battery Air Safety Advisory 

Committee; Notice of Public Meeting 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT). 

ACTION: Notice of public meeting. 

SUMMARY: This notice announces a 

meeting of the Lithium Battery Air 

Safety Advisory Committee. 

DATES: The meeting will be held on 

September 22, 2021, from 10:00 a.m. to 

5:30 p.m. Eastern Standard Time. 

Requests to attend the meeting must be 

sent by September 8, 2021 to the point 

of contact identified in the FOR FURTHER

INFORMATION CONTACT section. Persons 

requesting to speak during the meeting 

must submit a written copy of their 

remarks to DOT by September 8, 2021. 

Requests to submit written materials to 

be reviewed during the meeting must be 

received no later than September 8, 

2021. 

ADDRESSES: The meeting will be held 

virtually. Details to access the virtual 

meeting will be posted on the 

Committee website located at: https://

www.phmsa.dot.gov/hazmat/ 

rulemakings/lithium-battery-safetyadvisory-committee. If the guidelines 

concerning the global health emergency 

change, PHMSA may hold a hybrid 

meeting. Detail on a hybrid meeting will 

also be posted on the Committee 

website. The E-Gov website is located at 

https://www.regulations.gov. Mailed 

written comments intended for the 

Committee should be sent to Docket 

Management Facility; U.S. Department 

of Transportation (DOT), 1200 New 

Jersey Avenue SE, West Building, Room 

W12–140, Washington, DC 20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Constantino or Steven Webb, 

PHMSA, U.S. Department of 

Transportation. Telephone: (202)–366– 

8553. Email: lithiumbatteryFACA@

dot.gov. Any committee related request 

should be sent to the person listed in 

this section. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Lithium Battery Air Safety 

Advisory Committee was created under 

the Federal Advisory Committee Act 

(FACA, Pub. L. 92–463), in accordance 

with Section 333(d) of the FAA 

Reauthorization Act of 2018 (Pub. L. 

115–254). 

II. Agenda 

At the meeting, the agenda will cover 

the following topics as specifically 

outlined in section 333(d) of Public Law 

115–254: 

(a) Facilitate communication amongst 

manufactures of lithium batteries and 

products containing lithium batteries, 

air carriers, and the Federal government. 

(b) Discuss the effectiveness, and the 

economic and social impacts of lithium 

battery transportation regulations. 

(c) Provide the Secretary with 

information regarding new technologies 

and transportation safety practices. 

(d) Provide a forum to discuss 

Departmental activities related to 

lithium battery transportation safety. 

(e) Advise and recommend activities 

to improve the global enforcement of air 

transportation of lithium batteries, and 

the effectiveness of those regulations. 

(f) Provide a forum for feedback on 

potential U.S. positions to be taken at 

international forums. 

(g) Guide activities to increase 

awareness of relevant requirements. 

(h) Review methods to decrease the 

risk posed by undeclared hazardous 

materials. 

A final agenda will be posted on the 

Lithium Battery Air Safety Advisory 

Committee website at least one week in 

advance of the meeting. 

III. Public Participation 

The meeting will be open to the 

public. DOT is committed to providing 

equal access to this meeting for all 

participants. If you need alternative 

formats or services because of a 

disability, such as sign language, 

interpretation, or other ancillary aids, 

please contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section no later than September 8, 2021. 


sradovich on DSKJLST7X2PROD with NOTICES