Notice of Final Federal Agency Action on PIN 8006.72, New York State Route 17 at Exit 122 Within the Town of Wallkill, Orange County, NY, 4501-4502 [E9-1534]
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Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
The FHWA received no comments in
response to the Steel API 5L, Grade X52
PSL2 wall tubing in New Jersey and the
drive machinery brakes in New York,
which suggested that the Steel API 5L
Grade X52 PSL2 wall tubing and
machinery brakes may not be available
domestically. The FHWA received one
comment in response to four forged
steel sheave hubs in Massachusetts, and
machinery and motor brakes in Florida,
respectively. The comment for the four
forged steel sheave hubs in
Massachusetts recommends that the
certification should be reviewed prior to
material purchase. Massachusetts
Highway Department indicated that it
has a material certification procedure
for their highway construction program.
The comment for the machinery and
motor brakes in Florida suggested that
the design needs be reconsidered to
make it more attractive to domestic
sources. The Florida DOT stated that
alteration in the design of the motor
brakes is not feasible and that the
current design is in compliance with the
capacity of the bridge. Further
investigation and inquiry revealed that
the products are not available
domestically.
During the 15-day comment period,
the FHWA conducted additional
nationwide review to locate potential
domestic manufacturers for the
products. Based 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 Steel
API 5L, Grade X52 PSL2 wall tubing,
drive machinery and brakes, machinery
and motor brakes, and four forged steel
sheave hubs.
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 New
Jersey, New York, Massachusetts and
Florida waiver pages noted above.
(Authority: 23 U.S.C. 313; Pub. L. 110–161,
23 CFR 635.410.)
Issued on: January 15, 2009.
Thomas J. Madison, Jr.,
Federal Highway Administrator.
[FR Doc. E9–1516 Filed 1–23–09; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement:
Essex and Middlesex Counties, MA
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of intent.
SUMMARY: The FHWA is issuing this
notice, in accordance to the National
Environmental Policy Act of 1969
(NEPA) and its implementing
regulations contained in 23 CFR part
771, to advise the public that an
Environmental Impact Statement (EIS)
will be prepared for proposed highway
improvements and an interchange
project on Interstate 93 (I–93) in Essex
and Middlesex Counties, Massachusetts.
FOR FURTHER INFORMATION CONTACT: John
McVann, Director of Project Delivery,
Federal Highway Administration, 55
Broadway Floor, Cambridge,
Massachusetts 02142, Telephone: (617)
494–2416.
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the
Massachusetts Highway Department
(MassHighway), will prepare an
Environmental Impact Statement (EIS)
on a proposal to improve I–93 in Essex
and Middlesex Counties, Massachusetts.
The proposed project would involve
highway improvements to I–93 and the
construction of a new break-in-access
interchange near the Andover/
Tewksbury/Wilmington town borders.
Improvements to the I–93 corridor were
examined in the Route I–93 Corridor
Traffic Study finalized in 2004 and
endorsed by the Merrimack Valley
Metropolitan Planning Organization
(MPO). The proposed break-in-access
was the subject of an Interchange
Justification Report dated July 2006, and
conditionally approved by FHWA
pending the completion of the NEPA
process. Because it is anticipated that
the resulting project may allow for
general economic development
opportunities, the Commonwealth of
Massachusetts Executive Office of
Housing and Economic Development
(EOHED) is a partnering agency with
MassHighway in this project.
The proposed project is to provide
improvements for the existing and
projected traffic demand, as well as to
improve safety in the area where the use
of the breakdown lane is allowed for
regular vehicle travel during morning
and evening peak periods. The proposed
interchange will provide access to all
three towns including potential new
development sites. Alternatives under
consideration include: (1) Taking no
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4501
action; (2) Transportation Demand
Management (TDM); (3) using alternate
travel modes; (4) providing
improvements at other local and
interstate roadway network locations;
and (5) constructing a new interchange.
Design variations of grade, alignment,
and access will be incorporated into and
studied with the various build
alternatives.
A formal scoping meeting will be held
at the Tewksbury Town Hall
Auditorium on March 19, 2009, from 2
p.m. to 4 p.m. (EST) for the participating
agencies, and from 4 p.m. to 8 p.m.
(EST) for the general public. Letters
describing the proposed action and
soliciting comments will be sent to
appropriate Federal, State, and local
agencies, and to private organizations
and citizens who have previously
expressed or are known to have interest
in this proposal. A series of public
meetings will be held in Andover,
Tewksbury and Wilmington,
Massachusetts throughout 2009. In
addition, a public hearing will be held
within 60 days of the availability of the
draft EIS. Public notice will be given of
the time and place of the meetings and
hearing. The draft EIS will be available
for public and agency review and
comment prior to the public hearing.
Comments and suggestions are invited
from all interested parties during the
appropriate step in the NEPA process to
ensure that the full range of issues
related to this proposed action are
addressed and all significant issues
identified. Comments or questions
concerning this proposed action and the
EIS should be directed to the FHWA at
the address provided above.
(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.)
Issued on: January 15, 2009.
Lucy Garliauskas,
Division Administrator.
[FR Doc. E9–1422 Filed 1–23–09; 8:45 am]
BILLING CODE 4910–22–M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Action
on PIN 8006.72, New York State Route
17 at Exit 122 Within the Town of
Wallkill, Orange County, NY
AGENCY: Federal Highway
Administration (FHWA), DOT.
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4502
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
in a location closer to the Wallkill River.
Auxiliary ramps will be provided
between Exits 122 and 121 to separate
weaving maneuvers from the mainline
SUMMARY: This notice announces actions NYS Route 17. The project will also
taken by the FHWA and other Federal
include reasonable measures to
agencies that are final within the
minimize environmental impacts, and
meaning of 23 U.S.C. 139(l)(1). The
other landscape and aesthetic
actions relate to a proposed highway
enhancements within the project limits.
project, that involves reconstruction of
The actions by the Federal agencies, and
an interchange and related
the laws under which such actions were
transportation improvements centered
taken, are described in the Final
on the New York State Route 17 Exit
Environmental Impact Statement (FEIS)
122 interchange within the Town of
for the project, approved on July 21,
Wallkill, Orange County, in the State of
2008 and in the FHWA Record of
New York. Those actions grant licenses, Decision (ROD) issued on December 18,
permits, and approvals for the project.
2008. The FEIS, ROD, and other project
DATES: By this notice, the FHWA is
records are available by contacting the
advising the public of final agency
FHWA or the New York State
actions subject to 23 U.S.C. 139(l)(1). A
Department of Transportation at the
claim seeking judicial review of the
addresses provided above.
Federal agency actions on the highway
This notice applies to all Federal
project will be barred unless the claim
agency decisions related to the New
is filed on or before July 27, 2009. If the
York Route 17 Exit 122 project as of the
Federal law that authorizes judicial
issuance date of this notice and all laws
review of a claim provides a time period under which such actions were taken,
of less than 180 days for filing such
include but are not limited to:
claim, then that shorter time period still
1. National Environmental Policy Act
applies.
[42 U.S.C. 4321–4351].
2. Federal-Aid Highway Act [23
FOR FURTHER INFORMATION CONTACT:
U.S.C. 109 and 23 U.S.C. 128].
Jeffrey W. Kolb, P.E., Division
3. Clean Air Act [42 U.S.C. 7401–
Administrator, Federal Highway
Administration, New York Division, Leo 7671(q)].
4. Section 4(f) of the Department of
W. O’Brien Federal Building, 7th Floor,
Transportation Act of 1966 [49 U.S.C.
Clinton Avenue and North Pearl Street,
303].
Albany, New York 12207, Telephone:
5. Endangered Species Act [16 U.S.C.
(518) 431–4127 or Joan Dupont, P.E.,
1531–1544 and Section 1536].
Regional Director, NYSDOT Region 8; 4
6. Fish and Wildlife Coordination Act
Burnett Boulevard, Poughkeepsie, New
[16 U.S.C. 661–667(d)].
York 12603, Telephone: (845) 431–5750.
7. Migratory Bird Treaty Act [16
SUPPLEMENTARY INFORMATION: Notice is
U.S.C. 703–712].
hereby given that the FHWA, and other
8. Section 106 of the National Historic
Federal agencies have taken final agency Preservation Act of 1966, as amended
actions subject to 23 U.S.C. 139(l)(1) by
[16 U.S.C. 470(f) et seq.].
issuing licenses, permits, and approvals
9. Civil Rights Act of 1964 [42 U.S.C.
for the following transportation project
2000(d)–2000(d)(1)].
in the State of New York: New York
10. Farmland Protection Policy Act [7
Route 17 Exit 122 in the Town of
U.S.C. 4201–4209].
Wallkill, Orange County. The project
11. Wetlands and Water Resources:
will reconstruct and rehabilitate the
Clean Water Act (Section 404, Section
existing Exit 122 interchange ramp
401, Section 319) [33 U.S.C. 1251–
configuration to provide for new loop
1377].
and directional ramps connected to
12. Land and Water Conservation
relocated sections of East Main Street
Fund [16 U.S.C. 4601–4604].
and Crystal Run Road to improve safety
13. Rivers and Harbors Act of 1899
and operation and bring it up to current [33 U.S.C. 401–406].
Federal standards for an Urban
14. Executive Order 11990 Protection
Principal Arterial Interstate. Crystal Run of Wetlands.
Road will be realigned to connect to
15. Executive Order 11988 Floodplain
East Main Street. The East Main Street
Management.
extension will not be constructed, but
16. Executive Order 12898, Federal
the project could accommodate future
Actions to Address Environmental
roadway construction of an East Main
Justice in Minority Populations and Low
Street extension if planned and
Income Populations.
approved through the local government
(Catalog of Federal Domestic Assistance
planning process and built by others.
Program Number 20.205, Highway Planning
The Crystal Run Road Bridge over NYS
and Construction. The regulations
Route 17 will be removed and replaced
implementing Executive Order 12372
ACTION: Notice of limitation on claims
for judicial review of actions by FHWA
and other federal agencies.
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regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: January 6, 2009.
Jeffrey W. Kolb,
Division Administrator, Federal Highway
Administration. Albany, New York.
[FR Doc. E9–1534 Filed 1–23–09; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket Number: FTA–2009–0005]
Notice of Availability of Discussion
Paper on the Evaluation of Economic
Development
AGENCY: Federal Transit Administration
(FTA), DOT.
ACTION: Notice of availability; request
for comments.
SUMMARY: This notice announces the
availability of the Federal Transit
Administration’s (FTA) discussion
paper on the Evaluation of Economic
Development and requests your
comments on it. The paper describes
one possible approach that could be
used to evaluate economic development
impacts of projects seeking New Starts
funding. Economic development is one
of the criteria that FTA uses to assess
project justification, which, along with
local financial commitment, informs
FTA funding decisions for New Starts
projects.
DATES: Comments must be received
within 60 days after publication in the
Federal Register. Late filed comments
will be considered to the extent
practicable.
ADDRESSES: You may submit comments
[identified by the Docket Number FTA–
2008–0053] by any of the following
methods:
Web site: https://regulations.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
Fax: 202–493–2251.
Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Ave., SE.,
Washington, DC 20590.
Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Ave., SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
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Agencies
[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4501-4502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1534]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Action on PIN 8006.72, New York
State Route 17 at Exit 122 Within the Town of Wallkill, Orange County,
NY
AGENCY: Federal Highway Administration (FHWA), DOT.
[[Page 4502]]
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(l)(1). The actions relate to a proposed highway project, that
involves reconstruction of an interchange and related transportation
improvements centered on the New York State Route 17 Exit 122
interchange within the Town of Wallkill, Orange County, in the State of
New York. 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(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 July 27, 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: Jeffrey W. Kolb, P.E., Division
Administrator, Federal Highway Administration, New York Division, Leo
W. O'Brien Federal Building, 7th Floor, Clinton Avenue and North Pearl
Street, Albany, New York 12207, Telephone: (518) 431-4127 or Joan
Dupont, P.E., Regional Director, NYSDOT Region 8; 4 Burnett Boulevard,
Poughkeepsie, New York 12603, Telephone: (845) 431-5750.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, and
other Federal agencies have taken final agency actions subject to 23
U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the
following transportation project in the State of New York: New York
Route 17 Exit 122 in the Town of Wallkill, Orange County. The project
will reconstruct and rehabilitate the existing Exit 122 interchange
ramp configuration to provide for new loop and directional ramps
connected to relocated sections of East Main Street and Crystal Run
Road to improve safety and operation and bring it up to current Federal
standards for an Urban Principal Arterial Interstate. Crystal Run Road
will be realigned to connect to East Main Street. The East Main Street
extension will not be constructed, but the project could accommodate
future roadway construction of an East Main Street extension if planned
and approved through the local government planning process and built by
others. The Crystal Run Road Bridge over NYS Route 17 will be removed
and replaced in a location closer to the Wallkill River. Auxiliary
ramps will be provided between Exits 122 and 121 to separate weaving
maneuvers from the mainline NYS Route 17. The project will also include
reasonable measures to minimize environmental impacts, and other
landscape and aesthetic enhancements within the project limits. 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 July 21, 2008 and in the FHWA
Record of Decision (ROD) issued on December 18, 2008. The FEIS, ROD,
and other project records are available by contacting the FHWA or the
New York State Department of Transportation at the addresses provided
above.
This notice applies to all Federal agency decisions related to the
New York Route 17 Exit 122 project as of the issuance date of this
notice and all laws under which such actions were taken, include but
are not limited to:
1. National Environmental Policy Act [42 U.S.C. 4321-4351].
2. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
3. Clean Air Act [42 U.S.C. 7401-7671(q)].
4. Section 4(f) of the Department of Transportation Act of 1966 [49
U.S.C. 303].
5. Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536].
6. Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)].
7. Migratory Bird Treaty Act [16 U.S.C. 703-712].
8. Section 106 of the National Historic Preservation Act of 1966,
as amended [16 U.S.C. 470(f) et seq.].
9. Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)].
10. Farmland Protection Policy Act [7 U.S.C. 4201-4209].
11. Wetlands and Water Resources: Clean Water Act (Section 404,
Section 401, Section 319) [33 U.S.C. 1251-1377].
12. Land and Water Conservation Fund [16 U.S.C. 4601-4604].
13. Rivers and Harbors Act of 1899 [33 U.S.C. 401-406].
14. Executive Order 11990 Protection of Wetlands.
15. Executive Order 11988 Floodplain Management.
16. Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low Income Populations.
(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 6, 2009.
Jeffrey W. Kolb,
Division Administrator, Federal Highway Administration. Albany, New
York.
[FR Doc. E9-1534 Filed 1-23-09; 8:45 am]
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