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]

Download as PDF 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] BILLING CODE 4910–22–P VerDate Nov<24>2008 18:54 Jan 23, 2009 Jkt 217001 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 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26JAN1.SGM 26JAN1 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. VerDate Nov<24>2008 17:20 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26JAN1.SGM 26JAN1

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.

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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]
BILLING CODE 4910-RY-P