Notice of Final Federal Agency Actions on a Proposed Highway Project in California, 61447-61448 [E8-24578]

Download as PDF Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices The Louisville Regional Airport Authority, owner of the Louisville International Airport, is proposing to formally release approximately 1.09 acres of airport property so the property can be converted to use for industrial development. Any person may inspect, by appointment, the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon appointment and request, inspect the request, notice and other documents germane to the request in person at the Louisville Regional Airport Authority, P.O. Box 9129, Louisville, KY 40209– 0129. Issued in Memphis, TN on February 20, 2008. Tommy L. Dupree, Acting Manager, Memphis Airports District Office, Southern Region. Editorial Note: This document was received by the Office of the Federal Register on October 8, 2008. [FR Doc. E8–24260 Filed 10–15–08; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Membership Availability in the National Parks Overflights Advisory Group Aviation; Rulemaking Committee— Representative of Native American Tribes ACTION: Notice. SUMMARY: The National Park Service (NPS) and the Federal Aviation Administration (FAA), as required by the National Parks Air Tour Management Act of 2000, established the National Parks Overflights Advisory Group (NPOAG) in March 2001. The NPOAG was formed to provide continuing advice and counsel with respect to commercial air tour operations over and near national parks. This notice informs the public of a vacancy (due to completion of membership on April 2, 2009) on the NPOAG (now the NPOAG Aviation Rulemaking Committee (ARC)) for a representative of Native American tribal concerns and invites interested persons to apply to fill the vacancy. DATES: Persons interested in serving on the NPOAG ARC should contact Mr. Barry Brayer in writing and postmarked or e-mailed on or before November 14, 2008. FOR FURTHER INFORMATION CONTACT: Barry Brayer, AWP–1SP, Special Programs Staff, Federal Aviation Administration, Western-Pacific Region Headquarters, P.O. Box 92007, Los Angeles, CA 90009–2007, telephone: (310) 725–3800, e-mail: Barry.Brayer@faa.gov. SUPPLEMENTARY INFORMATION: Background The National Parks Air Tour Management Act of 2000 (the Act) was enacted on April 5, 2000, as Public Law 106–181. The Act required the establishment of the advisory group within 1 year after its enactment. The advisory group was established in March 2001, and is comprised of a balanced group of representatives of general aviation, commercial air tour operations, environmental concerns, and Native American tribes. The Administrator of the FAA and the Director of NPS (or their designees) serve as ex officio members of the group. Representatives of the Administrator and Director serve alternating 1-year terms as chairman of the advisory group. The advisory group provides ‘‘advice, information, and recommendations to the Administrator and the Director— (1) On the implementation of this title [the Act] and the amendments made by this title; (2) On commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan; (3) On other measures that might be taken to accommodate the interests of visitors to national parks; and (4) At the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.’’ Members of the advisory group may be allowed certain travel expenses as authorized by section 5703 of Title 5, United States Code, for intermittent Government service. By FAA Order No. 1110–138, signed by the FAA Administrator on October 10, 2003, the NPOAG became an Aviation Rulemaking Committee (ARC). FAA Order No. 1110–138, was amended and became effective as FAA Order No. 1110–138A, on January 20, 2006. The current NPOAG ARC is made up of one member representing general aviation, three members representing the air tour industry, four members representing environmental concerns, and two members representing Native American interests. Current members of the NPOAG ARC are: Melissa Rudinger, Aircraft Owners and Pilots Association; 61447 Alan Stephen, fixed-winged air tour operator representative; Elling Halvorson, Papillon Airways, Inc.; Matthew Zuccaro, Helicopters Association International; Chip Dennerlein, Siskiyou Project; Gregory Miller, American Hiking Society; Kristen Brengel, The Wilderness Society; Don Barger, National Parks Conservation Association; Rory Majenty, Hualapai Nation; and Richard Deertrack, Taos Pueblo. Public Participation in the NPOAG ARC In order to retain balance within the NPOAG ARC, the FAA and NPS invite persons interested in serving on the ARC to represent Native American tribes, to contact Mr. Barry Brayer (contact information is written above in FOR FURTHER INFORMATION CONTACT ). Requests to serve on the ARC must be made to Mr. Brayer in writing and postmarked or e mailed on or before November 14, 2008. The request should indicate whether or not you are a member of an association or group related to Native American tribal issues or concerns or have another affiliation with issues relating to aircraft flights over national parks. The request should also state what expertise you would bring to the NPOAG ARC as related to tribal concerns. The term of service for NPOAG ARC members is 3 years. Issued in Hawthorne, CA on October 6, 2008. Barry Brayer, NPOAG Chairman, Manager, Special Programs Staff, Western-Pacific Region. [FR Doc. E8–24261 Filed 10–15–08; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on a Proposed Highway Project in California Federal Highway Administration (FHWA), U.S. DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA and other Federal agencies. AGENCY: 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(1)(1). These actions relate to a proposed Highway project on these actions grants approval for the project. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(1)(1). A 61448 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before April 14, 2009. 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: Cesar Perez, Senior Transportation Engineer, Federal Highway Administration, 650 Capitol Mall, #4– 100, Sacramento, CA 95814, weekdays between 7 a.m. and 4 p.m., telephone 916–498–5065, cesar.perez@fhwa.dot.gov, or Susanne Glasgow, Deputy Environmental, 4050 Taylor Street, San Diego, California 92110, 619–688–6670. Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing approvals for the State Route 11 and Otay Mesa Port of Entry in project in the State of California. The Federal Highway Administration (FHWA) has selected the Western Alternative for the future State Route (SR–) 11 Corridor and the associated Western Site for future development of the Otay Mesa East Port of Entry (POE) in San Diego County, California. The selection of a corridor and site constitute Tier I of the SR–11 and Otay Mesa East POE program. This will allow for the following decisions/ actions: (1) Corridor adoption by the California Transportation Commission (CTC); (2) consideration and approval of a conditional Presidential Permit for the POE by the U.S. Department of State (DOS); (3) facilitation of land use and circulation planning in the East Otay Mesa Specific Plan (EOMSP) area by local agencies; (4) support of international cooperation efforts to pursue the development of a new Otay Mesa East POE, and (5) possible future designation of right-of-way (R/W) for each facility. FHWA based its decision on the Final Program Environmental Impact Report/Tier I Environmental Impact Statement for the program (PEIR/ PEIS, August 2008) and its supporting studies. With adoption of a Record of Decision (ROD) by FHWA and the California Department of Transportation (Caltrans), and the use of the PEIR/PEIS and its supporting studies by the General Services Administration (GSA) to make its own POE site location NEPA determination, these agencies will proceed with identification and analysis of design and operational alternatives for SR–11 and the POE, and environmental processing of the projects SUPPLEMENTARY INFORMATION: under Tier II, with the knowledge that the overall program has been approved. Actions by the Federal agencies and the laws under which such actions were taken are described in the Final Environmental Assessment for the project. The Record of Decision (ROD) was approved on October 3, 2008. The Final Environmental Impact Statement and other documents in the FHWA administrative record file are available by contacting the FHWA or the California Department of Transportation at the addresses provided above. 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. 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. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]. Migratory Bird Treaty Act [16 U.S.C. 703–712]. 4. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa) 11]; 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]. 5. 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]; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 6. 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). 7. 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. I39(1)(1). Issued on: October 9, 2008. Nancy E. Bobb, Director, State Programs, Federal Highway Administration, Sacramento, California. [FR Doc. E8–24578 Filed 10–15–08; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2005–23112] Motorcyclist Advisory Council to the Federal Highway Administration Federal Highway Administration (FHWA), DOT. ACTION: Notice of meeting of advisory committee and change to membership. AGENCY: SUMMARY: This document announces the fifth meeting of the Motorcyclist Advisory Council to the Federal Highway Administration (MAC– FHWA). The purpose of this meeting is to advise the Secretary of Transportation, through the Administrator of the Federal Highway Administration, on infrastructure issues of concern to motorcyclists, including: (1) Barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies, pursuant to section 1914 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). DATES: The fifth meeting of the MAC– FHWA is scheduled for November 13, 2008, from 9 a.m. until 5 p.m. ADDRESSES: The fifth MAC–FHWA meeting will be held at the Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Mr. Michael Halladay, the Designated Federal Official, Office of Safety, 202– 366–2288, (michael.halladay@dot.gov), or Dr. Morris Oliver, Office of Safety, 202–366–2288, (morris.oliver@dot.gov), Federal Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION:

Agencies

[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Notices]
[Pages 61447-61448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24578]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on a Proposed Highway 
Project in California

AGENCY: Federal Highway Administration (FHWA), U.S. 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(1)(1). These actions relate to a proposed Highway project on these 
actions grants approval for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(1)(1). A

[[Page 61448]]

claim seeking judicial review of the Federal agency actions on the 
highway project will be barred unless the claim is filed on or before 
April 14, 2009. 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: Cesar Perez, Senior Transportation 
Engineer, Federal Highway Administration, 650 Capitol Mall, 4-
100, Sacramento, CA 95814, weekdays between 7 a.m. and 4 p.m., 
telephone 916-498-5065, cesar.perez@fhwa.dot.gov, or Susanne Glasgow, 
Deputy Environmental, 4050 Taylor Street, San Diego, California 92110, 
619-688-6670.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
approvals for the State Route 11 and Otay Mesa Port of Entry in project 
in the State of California. The Federal Highway Administration (FHWA) 
has selected the Western Alternative for the future State Route (SR-) 
11 Corridor and the associated Western Site for future development of 
the Otay Mesa East Port of Entry (POE) in San Diego County, California. 
The selection of a corridor and site constitute Tier I of the SR-11 and 
Otay Mesa East POE program. This will allow for the following 
decisions/actions: (1) Corridor adoption by the California 
Transportation Commission (CTC); (2) consideration and approval of a 
conditional Presidential Permit for the POE by the U.S. Department of 
State (DOS); (3) facilitation of land use and circulation planning in 
the East Otay Mesa Specific Plan (EOMSP) area by local agencies; (4) 
support of international cooperation efforts to pursue the development 
of a new Otay Mesa East POE, and (5) possible future designation of 
right-of-way (R/W) for each facility. FHWA based its decision on the 
Final Program Environmental Impact Report/Tier I Environmental Impact 
Statement for the program (PEIR/PEIS, August 2008) and its supporting 
studies. With adoption of a Record of Decision (ROD) by FHWA and the 
California Department of Transportation (Caltrans), and the use of the 
PEIR/PEIS and its supporting studies by the General Services 
Administration (GSA) to make its own POE site location NEPA 
determination, these agencies will proceed with identification and 
analysis of design and operational alternatives for SR-11 and the POE, 
and environmental processing of the projects under Tier II, with the 
knowledge that the overall program has been approved.
    Actions by the Federal agencies and the laws under which such 
actions were taken are described in the Final Environmental Assessment 
for the project. The Record of Decision (ROD) was approved on October 
3, 2008. The Final Environmental Impact Statement and other documents 
in the FHWA administrative record file are available by contacting the 
FHWA or the California Department of Transportation at the addresses 
provided above.
    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. 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. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]. Migratory Bird Treaty Act [16 U.S.C. 703-712].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa) 11]; 
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].
    5. 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]; The 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970, as amended.
    6. 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).
    7. 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. I39(1)(1).

    Issued on: October 9, 2008.
Nancy E. Bobb,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E8-24578 Filed 10-15-08; 8:45 am]
BILLING CODE 4910-22-P
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