[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76101-76102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26870]


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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, U.S Environmental Protection Agency (USEPA), and U.S. 
Fish and Wildlife Service (FWS).

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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. The 
action is to provide the amended record of decision (ROD) identifying 
the Hybrid Alternative (Alternative 4) as the new Selected Alternative 
to move forward in construction. Alternative 4 is a different 
alternative than the preferred alternative identified in the Final 
Environmental Impact Report/Environmental Impact Statement (EIR/EIS) 
approved for the project on June 26th, 2017]. 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 May 11, 
2023. 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 would apply.

FOR FURTHER INFORMATION CONTACT: For Caltrans: Mr. Stefan Galvez-
Abadia, 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) 606-4670, email [email protected]. For 
FHWA: Mr. Shawn Oliver, Environmental Program Manager, at telephone 
number (916) 498-5048, email [email protected]. 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 
[email protected].

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. 327. Notice is hereby given that Caltrans, U.S. Fish and 
Wildlife Service (FWS) have 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

[[Page 76102]]

on the I-5 and SR 56 corridors. Caltrans is amending the ROD to 
identify the Hybrid Alternative (Alternative 4) as the new Selected 
Alternative to move forward in construction. Alternative 4 is a 
different alternative than the preferred alternative identified in the 
Final Environmental Impact Report/Environmental Impact Statement (EIR/
EIS) approved June 26th, 2017. This Amended ROD documents the approval 
of the Selected Alternative to provide construction of a westbound SR 
56 to northbound I-5 direct connector having two general-purpose lanes 
and an auxiliary lane along southbound I-5 between the southbound on-
ramp at Del Mar Heights Road and the southbound off-ramp at Carmel 
Valley Road to reduce merging traffic at two missing freeway connectors 
of an existing interchange. Relocation of the AT&T-owned 
transcontinental fiber-optic 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; 
soundwalls; 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, the Amended Record of Decision (ROD) issued 
on October 25, 2022 to replace the previous ROD issued on September 7, 
2017. The FEIS, Amended ROD, and other project records are available by 
contacting Caltrans at the addresses provided above. The Caltrans Final 
FEIS and Amended ROD can be viewed and downloaded from the project 
website 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).

Antonio Johnson,
Director for Planning, Environmental, and Right of Way, Federal Highway 
Administration, Sacramento, California.
[FR Doc. 2022-26870 Filed 12-9-22; 8:45 am]
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