Notice of Final Federal Agency Actions on Proposed Highway in Utah, 2152-2153 [E9-566]

Download as PDF 2152 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices transportation between the European Community and the Member States of the European Union and the United States, consistent with the U.S.-EU Air Transport Agreement. Docket Number: DOT–OST–1998– 3876. Date Filed: December 11, 2008. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: January 2, 2009. Description: Application of Shuttle America Corporation (‘‘Shuttle America’’) requesting an amendment of its certificate of public convenience and necessity to remove the restriction which currently limits Shuttle America’s scheduled passenger authority using large aircraft to operations conducted under fee-forservice agreements with U.S. air carriers. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E9–696 Filed 1–13–09; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for certain steel products used in Federal-aid construction projects in Oregon and Washington. DATES: The effective date of the waiver is January 15, 2009. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, michael.harkins@dot.gov. Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: sroberts on PROD1PC70 with NOTICES Electronic Access An electronic copy of this document may be downloaded from the Federal Register’s home page at: https:// www.archives.gov and the Government Printing Office’s database at: https:// www.access.gpo.gov/ nara. VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 Background The FHWA’s Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for two specific cases. In accordance with section 130 of Division K of the ‘‘Consolidated Appropriations Act, 2008’’ (Pub. L. 110– 161), the FHWA published on its Web site two notices of intent to issue Buy America waivers: (1) A waiver for 1’’ diameter hollow-core threaded anchor rod in Oregon https://www.fhwa.dot.gov/ construction/contracts/ waivers.cfm?id=23 on November 6, 2008, and (2) a waiver for CIPEC WP 250 Steel expansion joint system in Washington https://www.fhwa.dot.gov/ construction/contracts/ waivers.cfm?id=22 on October 23, 2008. The FHWA received no comments in response to the 1″ diameter hollow-core threaded anchor rod which suggested that the 1″ diameter hollow-core threaded anchor rod may not be available domestically. Further investigation and inquiry revealed that the product is not available domestically. The FHWA received six comments in response to the CIPEC WP 250 Steel expansion joint system. The comments suggested that there are other alternative domestic joint systems available: Finger joint, Elastomeric strip seal joints, Modular expansion joints, and WaboFlex bolt-down panel joint. Washington State has used the WaboFlex in a number of projects, but discontinued using it over 10 years ago as a result of failure modes and poor performance that posed safety hazards to the travelling public. The Finger joint, Elastomeric, and modular expansion joints were disallowed due to subsequent failures and not meeting the specification of 9 inch tolerable movement range that would satisfy the American Association of State Highway and Transportation Officials loading requirements for high capacity high volume roadway system. During the 15day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for the products. Based PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 on all the information available to the Agency, including the responses received to the notices as well as the Agency’s nationwide review, the FHWA concludes that there are no domestic manufacturers for the 1″ diameter hollow-core threaded anchor rod and the CIPEC WP250 steel expansion joint system. In accordance with the provisions of section 117 of the ‘‘SAFETEA—LU Technical Corrections Act of 2008’’ (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate pursuant to 23 CFR 635.410(c)(1). The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the links above to the Oregon and Washington waiver pages noted above. (Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410.) Issued on: January 7, 2009. Thomas J. Madison, Jr., Federal Highway Administrator. [FR Doc. E9–557 Filed 1–13–09; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in Utah 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 that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed Layton Interchange project in Davis County in the State of Utah. Those actions grant approvals for the highway 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 FHWA actions on the highway project will be barred unless the claim is filed on or before July 13, 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: Mr. Edward Woolford, Project Manager, Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt Lake E:\FR\FM\14JAN1.SGM 14JAN1 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices City, Utah 84118; telephone: (801) 963– 0182; e-mail: Edward.Woolford@dot.gov. The FHWA Utah Division Office’s normal business hours are 7:45 a.m. to 4:15 p.m. (Mountain Standard Time). You may also contact Mr. Charles Mace, Utah Department of Transportation, 166 West Southwell Street, Ogden, Utah 84404–4194; telephone: (801) 620–1685. Notice is hereby given that the FHWA has taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of Utah: Layton Interchange on Interstate 15 in Davis County, Utah. The project will include a new full interchange over Interstate 15 at milepost #330; a grade separated railroad overpass over the Union Pacific Railroad as part of the new interchange; a new five lane roadway from Fort Lane to Flint Street (750 South connection); removing the existing partial South Layton Interchange; and removing the existing at-grade railroad crossing at 900 South. The actions by the FHWA, and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS) for the project, approved on September 24, 2008, in the FHWA Record of Decision (ROD) issued on December 24, 2008, and in other documents in the FHWA project files. The FEIS, ROD, and other project records are available by contacting the FHWA or the Utah Department of Transportation at the addresses provided above. The FHWA FEIS and ROD can be viewed and downloaded from the project Web site at https://www.udot.utah.gov/ laytoninterchange/ or viewed at public libraries in the project area. This notice applies to all FHWA decisions as of the issuance date of this notice and all laws under which such actions were taken. Laws generally applicable to such actions include but are 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]; 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712]. sroberts on PROD1PC70 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 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: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); 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); Rivers and Harbors Act of 1899, 33 U.S.C. 401–406; 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. 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: January 5, 2009. Bryan Cawley, Acting Division Administrator, Salt Lake City. [FR Doc. E9–566 Filed 1–13–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2009–0001–N–1] Notice and Request for Comments AGENGY: Federal Railroad Administration, DOT. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 2153 ACTION: Notice and Request For Comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on November 3, 2008 (73 FR 65441). DATES: Comments must be submitted on or before February 13, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS– 21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493–6292), or Ms. Nakia Jackson, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6073). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, Section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On November 3, 2008, FRA published a 60-day notice in the Federal Register soliciting comment on ICRs that the agency was seeking OMB approval. 73 FR 65441. FRA received no comments after issuing this 60-day notice. Accordingly, DOT announces that these information collection activities have been reevaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c). Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30 day notice is published. 44 U.S.C. 3507 (b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2152-2153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-566]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Utah

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 that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the 
proposed Layton Interchange project in Davis County in the State of 
Utah. Those actions grant approvals for the highway 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 FHWA actions on the highway project will be barred unless the 
claim is filed on or before July 13, 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: Mr. Edward Woolford, Project Manager, 
Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt 
Lake

[[Page 2153]]

City, Utah 84118; telephone: (801) 963-0182; e-mail: 
Edward.Woolford@dot.gov. The FHWA Utah Division Office's normal 
business hours are 7:45 a.m. to 4:15 p.m. (Mountain Standard Time). You 
may also contact Mr. Charles Mace, Utah Department of Transportation, 
166 West Southwell Street, Ogden, Utah 84404-4194; telephone: (801) 
620-1685.


SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Utah:
    Layton Interchange on Interstate 15 in Davis County, Utah. The 
project will include a new full interchange over Interstate 15 at 
milepost 330; a grade separated railroad overpass over the 
Union Pacific Railroad as part of the new interchange; a new five lane 
roadway from Fort Lane to Flint Street (750 South connection); removing 
the existing partial South Layton Interchange; and removing the 
existing at-grade railroad crossing at 900 South. The actions by the 
FHWA, and the laws under which such actions were taken, are described 
in the Final Environmental Impact Statement (FEIS) for the project, 
approved on September 24, 2008, in the FHWA Record of Decision (ROD) 
issued on December 24, 2008, and in other documents in the FHWA project 
files. The FEIS, ROD, and other project records are available by 
contacting the FHWA or the Utah Department of Transportation at the 
addresses provided above. The FHWA FEIS and ROD can be viewed and 
downloaded from the project Web site at https://www.udot.utah.gov/
laytoninterchange/ or viewed at public libraries in the project area.
    This notice applies to all FHWA decisions as of the issuance date 
of this notice and all laws under which such actions were taken. Laws 
generally applicable to such actions include but are 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];
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], 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. 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: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); 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); Rivers and Harbors Act of 1899, 33 
U.S.C. 401-406; 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. 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: January 5, 2009.
Bryan Cawley,
Acting Division Administrator, Salt Lake City.
[FR Doc. E9-566 Filed 1-13-09; 8:45 am]
BILLING CODE 4910-RY-P