43282 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 

(I–405) and Interstate 5 (I–5) in the 

County of Orange, 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 February 12, 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: Charles Baker, Branch Chief— 

Specialist Unit, Division of 

Environmental Analysis, California 

Department of Transportation—District 

12, 1750 East 4th Street, Santa Ana, 

California, 8 a.m. to 5 p.m., (657) 328– 

6139, charles_baker@dot.ca.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 

highway project in the State of 

California. Caltrans proposes to add one 

general-purpose lane in the northbound 

and southbound directions, construct a 

second high-occupancy lane (HOV) in 

each direction between the I–405 and I– 

5 HOV direct connectors, and restore 

existing auxiliary lanes. Additionally, 

northbound auxiliary lanes will be 

constructed between the MacArthur 

Boulevard and Dyer Road, and the Dyer 

Road and Edinger Avenue interchanges. 

The restored auxiliary lane between the 

Edinger Avenue and McFadden Avenue 

interchanges would be extended to the 

northbound I–5 connector and the 

northbound McFadden Avenue onramp 

would be restricted to the northbound I– 

5 connector only. As a result, access 

from the McFadden Avenue on-ramp to 

northbound SR–55 and southbound I–5 

would be eliminated. In the southbound 

direction, the existing auxiliary lane 

between the McFadden Avenue and 

Edinger Avenue interchanges would be 

restored to match the existing condition. 

The actions by the Federal agencies, and 

the laws under which such actions were 

taken, are described in the Final Initial 

Study (IS) with Negative Declaration 

(ND)/Environmental Assessment (EA) 

with Finding of No Significant Impact 

(FONSI), approved on August 31, 2017. 

The Final IS/EA with ND/FONSI, and 

other project records are available by 

contacting Caltrans at the addresses 

provided above. The Caltrans Final IS/ 

EA with ND/FONSI can be viewed and 

downloaded from the project Web site 

at: http://www.dot.ca.gov/d12/DEA/55/ 

0J340/index.html. 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; and, 

(15) Executive Order 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) 

Tashia J. Clemons, 

Director of Program Development, Federal 

Highway Administration, Sacramento, CA. 

[FR Doc. 2017–19518 Filed 9–13–17; 8:45 am] 

BILLING CODE 4910–RY–P 

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, 

U.S. Environmental Protection Agency 

(USEPA), and U.S. Fish and Wildlife 

Service (FWS). 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans, 

U.S. Environmental Protection Agency 

(USEPA), and U.S. Fish and Wildlife 

Service (FWS) that are final. The actions 

relate to a proposed highway project on 

the Interstate 5 (I–5) and State Route 56 

(SR 56) from postmile (PM) I–5: R32.7 

to R34.8 and SR 56: 0.00 to 2.5 in the 

County of San Diego, 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 February 12, 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: Mr. Bruce April, Deputy 

District Director, Division of 

Environmental Analysis, California 

Department of Transportation, 4050 

Taylor Street, MS 242, San Diego, CA 

92110, Regular Office Hours: 8:00 a.m. 

to 5:00 p.m., Telephone number (619) 

688–0100, email Bruce.April@

dot.ca.gov. For FHWA: Ms. Lismary 

Gavilla ́n, Senior Transportation 

Engineer, 888 S. Figueroa, Ste 750, Los 

Angeles, CA 90017 Regular Office 

Hours: 6:00 a.m. to 4:00 p.m., Telephone 

number (213) 894–6697, email 

Lismary.Gavillan@dot.gov. For the U.S. 

Fish and Wildlife Service, Ms. Sally 

Brown, Caltrans Liaison, 2177 Salk 

Avenue, Ste 250, Suite 101, Carlsbad, 

CA 92011, Regular Office Hours 8:00 

a.m. to 5:00 p.m., Telephone number 

(760) 431–9440, email Sally_Brown@

fws.gov, the Biological Opinion was 

received on December 12, 2012. 

SUPPLEMENTARY INFORMATION: FHWA’s 

responsibility for environmental review, 

consultation, and any other action 

required in accordance with applicable 

federal laws for this project is being, or 

was, carried out by Caltrans under its 

assumption of responsibility pursuant to 

Fixing America’s Surface Transportation 

(FAST) Act amended 23 U.S.C. 327. 

Under NEPA Assignment, FHWA 

assigned and Caltrans assumed all of the 

USDOT Secretary’s responsibilities 

under NEPA. FHWA and Caltrans 

executed NEPA Assignment MOU dated 

December 23, 2016 that identifies 

FHWA’s and Caltrans’ roles and 

responsibilities, describes NEPA 

Assignment requirements, and officially 

extends Caltrans’ use of the 23 U.S.C. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43283 

327. Notice is hereby given that the 

Caltrans, U.S. Environmental Protection 

Agency (USEPA), and U.S. Fish and 

Wildlife Service (FWS) 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: The 

project is located in San Diego County 

at the I–5/SR 56 Interchange near 

Carmel Valley Road in San Diego from 

postmile (PM) I–5: R32.7 to R34.8 and 

SR 56: 0.00 to 2.5. The proposed project 

includes improvements to maintain or 

improve the existing and future traffic 

operations on the I–5 and SR 56 

corridors. The preferred alternative 

consists adding the two missing 

connectors (I–5 Southbound to SR 56 

Eastbound and SR 56 Westbound to I– 

5 Northbound). The Del Mar Heights 

Overcrossing will be replaced with 

pedestrian enhancements and improved 

lighting. The Carmel Valley Road will 

be widened from three to four lanes by 

the I–5 off-ramp and will be widened 

from six lanes to eight lanes from I–5 

and El Camino Real. Relocation of the 

AT&T-owned transcontinental fiberoptic line that currently parallels I–5 

between Carmel Valley Road and Del 

Mar Heights Road to within High Bluff 

Drive and El Camino Real. In addition 

the project includes: Auxiliary lanes; 

sound walls; retaining walls, barriers, 

guard rails/end treatments, crash 

cushions, bridge rails, drainage 

improvements, detention basins, 

replacement of existing fences, potential 

installation of fencing for right-of-way, 

visual and community enhancements; 

ramp improvements; and appurtenant 

structures including signage. The 

actions by the Federal agencies, and the 

laws under which such actions were 

taken, are described in the Final 

Environmental Statement (FEIS) for the 

project, approved on June 26, 2017, in 

the Record of Decision (ROD) issued on 

August 13, 2017, and in other 

documents in the FHWA project 

records. The FEIS, ROD, and other 

project records are available by 

contacting Caltrans at the addresses 

provided above. 

The Caltrans Final FEIS and ROD can 

be viewed and downloaded from the 

project Web site at http://

www.dot.ca.gov/d11/environmental/. 

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. Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU); 

4. Department of Transportation Act 

of 1966; 

5. Federal Aid Highway Act of 1970; 

6. Clean Air Act (CAA) Amendments 

of 1990; 

7. Clean Water Act (CWA) of 1977 and 

1987; 

8. Federal Water Pollution Control 

Act of 1972; 

9. Endangered Species Act of 1973; 

10. Migratory Bird Treaty Act; 

11. Farmland Protection Policy Act of 

1981; 

12. Title VI of the Civil Rights Act of 

1964; 

13. Uniform Relocation Assistance 

and Real Property Acquisition Act of 

1970; 

14. National Historic Preservation Act 

(NHPA) of 1966; 

15. Historic Sites Act of 1935; 

16. Resource Conservation and 

Recovery Act of 1976; 

17. Community Environmental 

Response Facilitation Act (CERFA) of 

1992; 

18. Executive Order 11990, Protection 

of Wetlands; 

19. Executive Order 13112, Invasive 

Species; 

20. Executive Order 11988, 

Floodplain Management; and, 

21. Executive Order 12898, 

Environmental Justice. 

(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 Project Development, Federal 

Highway Administration, Sacramento, 

California. 

[FR Doc. 2017–19517 Filed 9–13–17; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0243] 

Hours of Service of Drivers: 

Application for Exemption; Power and 

Communication Contractors 

Association (PCCA) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that the 

Power and Communication Contractors 

Association (PCCA) has requested an 

exemption from the requirement that a 

motor carrier install and require each of 

its drivers to use an electronic logging 

device (ELD) to record the driver’s 

hours-of-service (HOS) no later than 

December 18, 2017. PCCA requests the 

exemption for all operators of a 

commercial motor vehicle (CMV) in the 

power and communications 

construction industry. Construction 

contractors spend considerable time 

working off-road on varying jobsites, 

and a single CMV may have several 

different drivers over the course of a 

day, moving the vehicle short distances 

around the jobsite. Because of the 

limited time within a workday that their 

drivers spend driving on public roads, 

PCCA states that ELD and record of duty 

status (RODS) requirements for drivers 

in their industries do not result in a 

significant safety benefit. PCCA’s 

drivers would remain subject to the 

standard HOS limits and maintain a 

paper RODS for HOS compliance. PCCA 

believes that the exemption, if granted, 

will achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent the 

exemption. FMCSA requests public 

comment on PCCA’s application for 

exemption. 

DATES: Comments must be received on 

or before October 16, 2017. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2017–0243 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Fax: 1–202–493–2251. 

• Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 


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