Notice of Final Federal Agency Actions on Proposed Highway in Wake County, NC, 54970-54971 [E7-19098]

Download as PDF 54970 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices rwilkins on PROD1PC63 with NOTICES Issued On: September 18, 2007. James R. Kabel, Chief, Management Programs and Analysis Division. [FR Doc. E7–19127 Filed 9–26–07; 8:45 am] normal business hours are 8 a.m. to 5 p.m. (Eastern Time). SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and BILLING CODE 4910–22–P approvals for the following highway project in the State of North Carolina: DEPARTMENT OF TRANSPORTATION The Western Wake Freeway, a 12.6-mile long, 6-lane, fully access-controlled, Federal Highway Administration new location roadway that will be part Notice of Final Federal Agency Actions of Raleigh’s Outer Wake Expressway. on Proposed Highway in Wake County, The project is also known as State Transportation Improvement Program NC (STIP) Project R–2635. The project AGENCY: Federal Highway would run generally in a north-south Administration (FHWA), DOT. direction, roughly parallel to and just west of the existing NC 55. ACTION: Notice of limitation on claims On the south, the project begins at NC for judicial review of actions by FHWA 55 at Old Smithfield Road (SR 1172) and other Federal Agencies. between Apex and Holly Springs; on the SUMMARY: This notice announces actions north, it ends at NC 55 near Alston taken by the FHWA and other Federal Avenue north of Cary in Wake County. agencies that are final within the The actions by the Federal agencies, and meaning of 23 U.S.C. 139(I)(1). The the laws under which such actions were actions relate to a proposed highway taken, are described in the Final project, the Western Wake Freeway, Environmental Impact Statement (FEIS) which begins at NC 55 at Old Smithfield for the project, approved on January 21, Road (SR 1172) between Apex and 2004, in the FHWA Record of Decision Holly Springs and ends at NC 55 near (ROD) issued on April 30, 2004 Alston Avenue north of Cary in Wake approving the Western Wake Freeway County. The Western Wake Freeway is project, and in a Reevaluation Report for also known as State Transportation Administrative Action issued on Improvement Program Project R–2635. It September 7, 2007 (‘‘Reevaluation is part of the Outer Wake Expressway, Report’’), determining that a a circumferential freeway around supplemental environmental impact Raleigh, North Carolina. Those actions statement is not required, and in other grant licenses, permits, and approvals documents in the FHWA administrative for the project. record. The FEIS, ROD, Reevaluation DATES: By this notice, the FHWA is Report and other documents in the advising the public of final agency FHWA administrative record file are actions subject to 23 U.S.C. 139(I)(1). A available by contacting the FHWA or claim seeking judicial review of the NCTA at the addresses provided above. Federal agency actions on the highway The FHWA FEIS, ROD, and project will be barred unless the claim Reevaluation Report can be viewed at is filed on or before March 25, 2008. If the offices of the North Carolina the Federal law that authorizes judicial Turnpike Authority, 5400 Glenwood review of a claim provides a time period Avenue, Suite 400, Raleigh, North of less than 180 days for filing such Carolina, 27612. claim, then that shorter time period still This notice applies to all Federal applies. agency actions and decisions as of the issuance date of this notice and all laws FOR FURTHER INFORMATION CONTACT: Mr. under which such actions were taken, George Hoops, P.E., Major Projects including but not limited to: Engineer, Federal Highway 1. General: National Environmental Administration, 310 New Bern Avenue, Policy Act (NEPA) [42 U.S.C. 4321– Suite 410, Raleigh, North Carolina, 27601–1418, Telephone: (919) 856–4350 4351]; Federal-Aid Highway Act [23 U.S.C. 109]. extension 104; e-mail: 2. Air: Clean Air Act [42 U.S.C. 7401– george.hoops@fhwa.dot.gov. FHWA North Carolina Division Office’s normal 7671(q)]. 3. Land: Section 4(f) of the business hours are 8 a.m. to 5 p.m. (Eastern Time). Ms. Jennifer Harris, P.E., Department of Transportation Act of Staff Engineer, North Carolina Turnpike 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 Authority (NCTA), 5400 Glenwood U.S.C. 319]. Avenue, Suite 400, Raleigh, North 4. Wildlife: Endangered Species Act Carolina, 27612, Telephone: (919) 571– [16 U.S.C. 1531–1544 and Section 3004; e-mail: jennifer.harris@ncturnpike.org. NCTA’s 1536], Marine Mammal Protection Act VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 [16 U.S.C. 1361], Anadromous Fish Conservation Act [16 U.S.C. 757(a)– 757(g)], Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712], Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801, et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f), et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; 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. 300(f)–300(j)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287); Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA–21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001–4128]. 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 Research, 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(I)(1). E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices Issued on: September 20, 2007. George Hoops, Major Projects Engineer, Raleigh, North Carolina. [FR Doc. E7–19098 Filed 9–26–07; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–01–9561, FMCSA–03– 15268, FMCSA–05–21711] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 25 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. This decision is effective October 24, 2007. Comments must be received on or before October 29, 2007. ADDRESSES: You may submit comments bearing the Department of Transportation (DOT) Docket Management System (DMS) Docket Numbers FMCSA–01–9561, FMCSA– 03–15268, FMCSA–05–21711, using any of the following methods. • DOT Web site: https://dmses.dot.gov. Follow the on-line instructions for submitting comments. • Fax: 1–202–493–2251. • 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: Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. rwilkins on PROD1PC63 with NOTICES DATES: VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 Each submission must include the Agency name and docket numbers for this Notice. Note that DOT posts all comments received without change to https://dms.dot.gov, including any personal information included. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to https://dms.dot.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The DMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This information is also available at https://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202)–366– 4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. Exemption Decision This notice addresses 25 individuals who have requested a renewal of their exemption in accordance with FMCSA procedures. FMCSA has evaluated these PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 54971 25 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are Calvin D. Atwood Gregory W. Babington William P. Doolittle Jonathan M. Gentry John N. Guilford Benny D. Hatton, Jr. Robert W. Healey, Jr. Nathaniel H. Herbert, Jr. Thomas D. Lambert Thomas W. Markham Raul Martinez Joseph L. Mast David McKinney Kevin L. Moody Charles W. Mullenix Gary S. Partridge Nathan D. Peterson John N. Poland Brent L. Seaux Steven R. Smith James T. Smith Edd J. Stabler, Jr. Gary M. Wolff John C. Young George R. Zenor These exemptions are extended subject to the following conditions: (1) That each individual have a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54970-54971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19098]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Wake County, NC

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal Agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(I)(1). The actions relate to a proposed highway project, the 
Western Wake Freeway, which begins at NC 55 at Old Smithfield Road (SR 
1172) between Apex and Holly Springs and ends at NC 55 near Alston 
Avenue north of Cary in Wake County. The Western Wake Freeway is also 
known as State Transportation Improvement Program Project R-2635. It is 
part of the Outer Wake Expressway, a circumferential freeway around 
Raleigh, North Carolina. 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(I)(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 25, 2008. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 180 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. George Hoops, P.E., Major Projects 
Engineer, Federal Highway Administration, 310 New Bern Avenue, Suite 
410, Raleigh, North Carolina, 27601-1418, Telephone: (919) 856-4350 
extension 104; e-mail: george.hoops@fhwa.dot.gov. FHWA North Carolina 
Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern 
Time). Ms. Jennifer Harris, P.E., Staff Engineer, North Carolina 
Turnpike Authority (NCTA), 5400 Glenwood Avenue, Suite 400, Raleigh, 
North Carolina, 27612, Telephone: (919) 571-3004; e-mail: 
jennifer.harris@ncturnpike.org. NCTA's normal business hours are 8 a.m. 
to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of North Carolina: The Western Wake Freeway, a 12.6-mile long, 6-lane, 
fully access-controlled, new location roadway that will be part of 
Raleigh's Outer Wake Expressway. The project is also known as State 
Transportation Improvement Program (STIP) Project R-2635. The project 
would run generally in a north-south direction, roughly parallel to and 
just west of the existing NC 55.
    On the south, the project begins at NC 55 at Old Smithfield Road 
(SR 1172) between Apex and Holly Springs; on the north, it ends at NC 
55 near Alston Avenue north of Cary in Wake County. The actions by the 
Federal agencies, and the laws under which such actions were taken, are 
described in the Final Environmental Impact Statement (FEIS) for the 
project, approved on January 21, 2004, in the FHWA Record of Decision 
(ROD) issued on April 30, 2004 approving the Western Wake Freeway 
project, and in a Reevaluation Report for Administrative Action issued 
on September 7, 2007 (``Reevaluation Report''), determining that a 
supplemental environmental impact statement is not required, and in 
other documents in the FHWA administrative record. The FEIS, ROD, 
Reevaluation Report and other documents in the FHWA administrative 
record file are available by contacting the FHWA or NCTA at the 
addresses provided above. The FHWA FEIS, ROD, and Reevaluation Report 
can be viewed at the offices of the North Carolina Turnpike Authority, 
5400 Glenwood Avenue, Suite 400, Raleigh, North Carolina, 27612.
    This notice applies to all Federal agency actions and decisions 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].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801, et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f), et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; 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. 
300(f)-300(j)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287); 
Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA-21 
Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood 
Disaster Protection Act [42 U.S.C. 4001-4128].
    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 Research, 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(I)(1).



[[Page 54971]]


    Issued on: September 20, 2007.
George Hoops,
Major Projects Engineer, Raleigh, North Carolina.
 [FR Doc. E7-19098 Filed 9-26-07; 8:45 am]
BILLING CODE 4910-RY-P

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