Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46881 

from approximate milepost (MP) 142.1 

to MP 136, in the Counties of Summit 

and Salt Lake, State of Utah. Those 

actions grant licenses, permits and 

approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of UDOT, 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 March 5, 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 

UDOT: Brandon Weston, Director of 

Environmental Services, UDOT 

Environmental Services, P.O. Box 

148380, Salt Lake City, UT 84114; 

telephone: (801) 965–4603; email: 

brandonweston@utah.gov. UDOT’s 

normal business hours are 8:00 a.m. to 

5:00 p.m. (Mountain Standard Time), 

Monday through Friday, except State 

and Federal holidays. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2008 and renewed on July 1, 

2011, June 30, 2014, and June 23, 2017, 

FHWA assigned, and UDOT assumed, 

all environmental responsibilities for 

this project pursuant to 23 U.S.C. 326 

Categorical Exclusion Assignment 

Memorandum of Understanding. Notice 

is hereby given that UDOT has taken 

final agency actions subject to 23 U.S.C. 

139(l)(1) by issuing licenses, permits, 

and approvals for the I–80; Parleys 

Summit to Jeremy Ranch Westbound 

Truck Lane project in the State of Utah. 

This project proposes to improve I–80 

from approximate MP 136 to 

approximate MP 142.1 to address safety 

issues associated with semi-truck 

congestion, reduce the potential for 

wildlife/motorists incidents, and 

address deficient pavement conditions 

located in the counties of Salt Lake and 

Summit, Utah. The project consists of 

the following elements: (1) Add an 

additional westbound truck climbing 

lane from approximate MP 138.3 to 

141.8; (2) constructing a wildlife bridge 

over I–80 at approximate MP 139 and 

installing exclusionary wildlife fencing 

and escape ramps through the project; 

and (3) pavement rehabilitation along 

all east- and westbound lanes 

throughout the corridor. These 

improvements were identified in the 

Categorical Exclusion for the project. 

The actions by UDOT and the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Categorical Exclusion (CE) for the 

project (I–80; Parleys Summit to Jeremy 

Ranch Westbound Truck Lane in Salt 

Lake and Summit Counties, Utah, 

Project No. F–I80–4(151)139), approved 

on June 26, 2017, and in other 

documents in the UDOT project records. 

The CE and other project records are 

available by contacting UDOT at the 

address provided above. 

This notice applies to the CE, the 

Section 4(f) Determination, the NHPA 

Section 106 Review, the ESA Section 7 

Effects Determination, the Noise 

Assessment, and all other UDOT and 

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 the 

following laws (including their 

implementing regulations): 

1. General: National Environmental 

Policy Act (NEPA), 42 U.S.C. 4321– 

4370; Federal-Aid Highway Act, 23 

U.S.C. 109. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671q. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966, 49 U.S.C. 303; 23 U.S.C. 138; 

Landscaping and Scenic Enhancement 

(Wildflowers), 23 U.S.C. 319. 

4. Wildlife: Endangered Species Act, 

16 U.S.C. 1531–1544 and Section 1536; 

Fish and Wildlife Coordination Act, 16 

U.S.C. 661–667d; Migratory Bird Treaty 

Act, 16 U.S.C. 703–712. 

5. Water: Section 404 of the Clean 

Water Act, 33 U.S.C. 1344; E.O. 11990, 

Protection of Wetlands. 

6. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, 16 U.S.C. 470f; 

Archeological Resources Protection Act 

of 1977, 16 U.S.C. 470aa–470mm; 

Archeological and Historic Preservation 

Act, 16 U.S.C. 469–469c. 

7. Noise: Federal-Aid Highway Act of 

1970, Public Law 91–605, 84 Stat. 1713. 

8. Executive Orders: E.O. 11593 

Protection and Enhancement of Cultural 

Resources; E.O. 13287 Preserve 

America; E.O. 12898, Federal Actions to 

Address Environmental Justice and 

Low-Income Populations. 

(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) 

Issued on: September 28, 2017. 

Ivan Marrero, 

Division Administrator, Federal Highway 

Administration, Salt Lake City, Utah. 

[FR Doc. 2017–21562 Filed 10–5–17; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on the West Davis Corridor Project, 

Davis and Weber County, Utah 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA. 

SUMMARY: This notice announces actions 

taken by the FHWA. The actions relate 

to a proposed highway project, West 

Davis Corridor (Project S–0067(14)0) 

starting in Centerville, Utah and ending 

in West Point, Utah in Davis County, 

Utah. Those actions grant licenses, 

permits, and approvals for the project. 

DATES: By this notice, the FHWA 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 March 5, 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 

FHWA contact Paul Ziman, Area 

Manager, Federal Highway 

Administration, 2520 West 4700 South, 

Suite 9A, Salt Lake City, UT 84118, 

Telephone: (801) 955–3525, Email: 

Paul.Ziman@dot.gov. The Utah 

Department of Transportation (UDOT) 

contact is Randy Jefferies, Project 

Manager, 166 Southwell Street Ogden, 

UT 84404, Telephone: (801) 620–1690, 

Email: rjefferies@utah.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA has taken final 

agency action subject to 23 U.S.C. 

139(l)(1) by issuing an approval for the 

following highway project in the State 

of Utah. The primary purposes of the 

West Davis Corridor project are to 

reduce delay and congestion in western 

Davis and Weber Counties. As proposed 

the project is about 19 miles and would 

be a four-lane divided highway with a 

250-foot right-of-way width from I–15 in 

Farmington to Antelope Drive in Davis 

County. From Antelope Drive to 1800 

North in West Point, the B Alternatives 

would be a 146-foot-wide, limitedaccess, two-lane highway. The action of 

approval by FHWA and the laws under 

which such actions were taken, are 

described in the Final Environmental 

Impact Statement (FEIS) for the project, 

approved on June 23, 2017, in the 

FHWA Record of Decision (ROD) issued 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
46882 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

on September 29, 2017, and in other 

documents in the project records. The 

FEIS and ROD and other project records 

are available by contacting FHWA and 

UDOT at the addresses provided above. 

The FEIS and ROD can be viewed and 

downloaded from the project Web site at 

http://www.udot.utah.gov/westdavis/, or 

obtained from any contact listed above. 

This notice applies to all Federal 

agency decisions that are final 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– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109 and 23 U.S.C. 128]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671q]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303; 23 U.S.C. 138]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Marine Mammal Protection Act 

[16 U.S.C. 1361–1423h]; Fish and 

Wildlife Coordination Act [16 U.S.C. 

661–667d]; Migratory Bird Treaty Act 

[16 U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470f]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470aa–470mm]; Archeological 

and Historic Preservation Act [16 U.S.C. 

469–469c]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe 

Drinking Water Act (SDWA) [42 U.S.C. 

300f–300j–26)]; Wild and Scenic Rivers 

Act [16 U.S.C. 1271–1287]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) [42 U.S.C. 9601–9675]; 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery 

Act (RCRA) [42 U.S.C. 6901–6992(k)] 

9. Executive Orders: 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. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; 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). 

Issued on: October 2, 2017. 

Ivan Marrero, 

Division Administrator, Federal Highway 

Administration, Salt Lake City, Utah. 

[FR Doc. 2017–21561 Filed 10–5–17; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding FHWA’s finding 

that a Buy America waiver is 

appropriate for the obligation of 

Federal-aid funds for 4 California 

projects involving the acquisition of 

vehicles under the Congestion 

Mitigation and Air Quality 

Improvement program on the condition 

that they be assembled in the U.S., on 

the basis that there are no domestic 

manufacturers that produce the vehicles 

identified in this notice in such a way 

that all their steel and iron elements are 

manufactured domestically. 

DATES: The effective date of the waiver 

is October 10, 2017. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, 202– 

366–1562, or via email at 

Gerald.Yakowenko@dot.gov. For legal 

questions, please contact Mr. Jomar 

Maldonado, FHWA Office of the Chief 

Counsel, 202–366–1373, or via email at 

Jomar.Maldonado@dot.gov. Office hours 

for the FHWA are from 8:00 a.m. to 4:30 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at http://

www.archives.gov and the Government 

Publishing Office’s database. 

Background 

This notice provides information 

regarding FHWA’s finding that a Buy 

America waiver is appropriate for the 

obligation of Federal-aid funds for 4 

California projects involving the 

acquisition of vehicles under the 

Congestion Mitigation and Air Quality 

Improvement (CMAQ) program. The 

waiver would apply to approximately 

29 vehicle acquisitions on the condition 

that they be assembled in the United 

States. These involve 17 compressed 

natural gas solid waste trucks for the 

City of Visalia (CMLNI–5044(117)), 1 

propane powered school bus for the City 

of Visalia (CMLNI–5044(119)), 6 diesel 

refuse trucks for the City of Tulare 

(CMLNI–5072(061)), and 5 compressed 

natural gas refuse trucks for the City of 

Porterville (CMLNI–5122(086)). 

Title 23, Code of Federal Regulations 

(CFR), section 635.410 requires that 

steel or iron materials (including 

protective coatings) that will be 

permanently incorporated in a Federalaid project must be domestically 

manufactured. For FHWA, this means 

that all the processes that modified the 

chemical content, physical shape or 

size, or final finish of the material (from 

initial melting and mixing, continuing 

through the bending and coating) 

occurred in the United States. The 

statute and regulations create a process 

for granting waivers from the Buy 

America requirements when its 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. In 1983, 

FHWA determined that it was both in 

the public interest and consistent with 

the legislative intent to waive Buy 

America for manufactured products 

other than steel manufactured products. 

However, FHWA’s national waiver for 

manufactured products does not apply 

to the requests in this notice because 

they involve predominately steel and 

iron manufactured products. The 

FHWA’s Buy America requirements do 

not have special provisions for applying 

Buy America to ‘‘rolling stock’’ such as 

vehicles or vehicle components (see 49 

U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and 

49 U.S.C. 24405(a)(2)(C) for examples of 

Buy America rolling stock provisions for 

other DOT agencies). 

Based on all the information available 

to the agency, FHWA concludes that 

there are no manufacturers that produce 

the vehicles identified in this notice in 

such a way that all their steel and iron 

elements are manufactured 

domestically. The FHWA’s Buy America 


asabaliauskas on DSKBBXCHB2PROD with NOTICES