Department of Transportation October 27, 2008 – Federal Register Recent Federal Regulation Documents

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement is being prepared for a proposed highway improvement project on State Trunk Highway 15 in Outagamie County, Wisconsin, to be conducted by the Wisconsin Department of Transportation. The Notice of Intent (NOI) was originally prepared in 2003 but was inadvertently overlooked for submittal to the Federal Register for publication. Environmental activities, including involvement of state and federal agencies and other stakeholders, proceeded since the initiation of the project in 2003. Over five years have passed, and the process is now at the final Environmental Impact Statement stage. FHWA acknowledges the oversight and has now begun activities to recover from the inadvertent omission. The Environmental process will be brought up to date and made compliant with the 2005 SAFETEA-LU Environmental Review process, including development of a coordination plan and impact assessment methodologies. In the event other items in the process need to be updated to comply with SAFETEA- LU, the FHWA and the Wisconsin Department of Transportation will ensure those items are revised, as well.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed Interstate 90 (I-90) Snoqualmie Pass East Project, located between Hyak and Easton (Milepost 55.1 to 70.3) in the County of Kittitas, within the State of Washington. Those actions grant licenses, permits, and approvals for the project. The project will add one additional lane eastbound and westbound within a 15-mile section of I-90. Specific actions include acquiring additional easement and right-of-way, replacing the existing snowshed, replacing and adding new bridges and culverts, adding snow support structures (avalanche control), extending chain up/off areas, adding wildlife overcrossings, removing and placing fill, removing vegetations and trees, and providing stormwater treatment for both new and existing surfaces. The project also includes extensive mitigation and restoration actions which are compatible with land use plans.

FRA hereby gives notice that it is seeking emergency approval processing from the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35) for the information collection request (ICR) listed below. FRA requests that OMB authorize the collection of information identified below on or before October 31, 2008, for a period of 180 days after the date of issuance of this notice in the Federal Register. On October 7, 2008, in response to the September 12, 2008, Chatsworth, California, collision of a Union Pacific (UP) freight train and a Metrolink commuter train, which resulted in the deaths of 25 people and numerous injuries, as well as other recent accidents/incidents involving cell phone use and use of electronic/electrical devices, FRA published in the Federal Register Emergency Order No. 26 (E.O. 26) (see 73 FR 58702) restricting on-duty railroad operating employees' use of cell phones and other distracting electronic and electronic devices. Because E.O. 26 goes into effect on October 27, 2008, and because E.O. 26 imposes information collection requirements that must be fulfilled by the nation's railroads, FRA is seeking emergency approval for the proposed collection of information to enforce compliance with E.O. 26 and to ensure the safety of affected railroad employees and the general public during train operations throughout the United States.