Notice of Final Federal Agency Actions on Proposed Highway in California, 22631-22632 [E9-11133]

Download as PDF Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on June 12, 2009, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2),2 must be filed by May 26, 2009.3 Petitions to reopen must be filed by June 2, 2009, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to NSR’s representative: John M. Scheib, General Attorney, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA 23510; and NCVA’s representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: May 7, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–11061 Filed 5–12–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327. SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). 3 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively. VerDate Nov<24>2008 18:44 May 12, 2009 Jkt 217001 proposed Avenue 416 Widening Project in the County of Tulare and County of Fresno, State of California. Those actions grant approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, 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 November 9, 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: Kelly Hobbs, Senior Environmental Planner, California Department of Transportation (Caltrans), 2015 E. Shields Avenue #100, Fresno, CA 93726; weekdays 8 a.m. to 5 p.m. (Pacific Time); telephone (559) 243– 8222; e-mail kelly_hobbs@dot.ca.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and the California Department of Transportation (Caltrans) assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing approvals for the following highway project in the State of California. The County of Tulare along with Fresno County and the City of Dinuba, in cooperation with the California Department of Transportation (Caltrans), propose to improve approximately 12 miles of Mountain View Avenue/Avenue 416/El Monte Way by widening from a two-lane to a four-lane roadway and constructing a median and/or median lane. The limits are from Bethel Avenue in Fresno County east to Road 92 in the City of Dinuba in Tulare County. The replacement of the Kings River Bridge in Tulare County with a four-lane structure is also proposed. The project would improve traffic operations and improve regional transportation and circulation. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Assessment (EA)/ Finding of No Significant Impact (FONSI) for the project, approved on April 28, 2009, and in other documents in the FHWA administrative records. The EA/FONSI and other documents are available by contacting FHWA or Caltrans at the addresses provided above. The FHWA EA/FONSI can be viewed at public locations in the project area: Tulare County Resource Management Agency at 5961 South Mooney Boulevard, Visalia, CA 93277; PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 22631 the City of Dinuba City Hall, 405 East El Monte Way, Dinuba, CA 93618; the Dinuba Branch Library, 150 S I St, Dinuba, CA 93618; the Windsor Christian Academy, 5018 Avenue 416, Reedley, CA 93654; or the Fresno Central Library, 2420 Mariposa St, Fresno, CA 93721. 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]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 133(b)(11)]; Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604; Flood Disaster Protection Act, 42 U.S.C. 4001–4128; and Safe Drinking Water Act [42 U.S.C. 300(f)–300(j)(6)]. 5. 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)]; and Migratory Bird Treaty Act [16 U.S.C. 703–712]. 6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470 et seq.]; and Native American Graves Protection and Repatriation Act [25 U.S.C. 3001–3013]. 7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201–4209]; American Indian Religious Freedom Act [42 U.S.C. 1996]; and The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986; and Resource Conservation and Recovery Act [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 E:\FR\FM\13MYN1.SGM 13MYN1 22632 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices Populations; E.O. 11593 Protection and Enhancement of the Cultural Environment; 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; and 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: May 7, 2009. Karen Bobo, Director, Local Agency Programs, Federal Highway Administration, Sacramento, California. [FR Doc. E9–11133 Filed 5–12–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee Public Meeting AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Motor Carrier Safety Advisory Committee meeting, amendment. SUMMARY: FMCSA announces an amendment to its May 5, 2009, notice regarding the May meeting of the Motor Carrier Safety Advisory Committee (MCSAC). The public session scheduled for May 18, from 10 a.m.–11 a.m. will be combined with the public session scheduled on May 20 from 1 p.m. to 4 p.m. DATES: The MCSAC will hold a public session on Wednesday, May 20, 2009, from 1 p.m. to 4 p.m. (EDT). FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey K. Miller, Chief, Strategic Planning and Program Evaluation Division, Office of Policy Plans and Regulation, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 366–5730, mcsac@dot.gov. Background On May 5, 2009, FMCSA announced that its MCSAC will hold a public meeting via teleconference on May 18, 2009, from 10 a.m.–11 a.m. The notice VerDate Nov<24>2008 18:44 May 12, 2009 Jkt 217001 also announced that FMCSA’s MCSAC will hold a public meeting on Wednesday, May 20, 2009, from 1 p.m.– 4 p.m. at the U.S. Department of Transportation, Media Center, West Building, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590. The public meeting scheduled for May 18 is being combined with the public session scheduled for May 20. The May 20 session will now be used to allow all interested parties to listen to the MCSAC members discuss all topics for which the committee will provide recommendations to FMCSA during its May meeting. The Committee will allocate one hour for public comments on May 20, 2009, from 3 p.m. to 4 p.m. Individuals wishing to address the committee should send an e-mail to mcsac@dot.gov by May 13, 2009. The time available will be divided among those who have signed up to address the committee with no one being allotted more than 15 minutes. For a copy of the agenda, please send an e-mail to mcsac@dot.gov. Should you wish to attend the meeting on May 20, 2009, please e-mail mcsac@dot.gov by May 15, 2009, to facilitate the pre-clearance security process and expedite entry into the building. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, please e-mail mcsac@dot.gov by May 15, 2009. Issued on: May 8, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–11177 Filed 5–12–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2009–0045] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel GYPSY VENTURE. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2009– 0045 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in section 388.4 of MARAD’s regulations at 46 CFR part 388. DATES: Submit comments on or before June 12, 2009. ADDRESSES: Comments should refer to docket number MARAD–2009–0045. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel GYPSY VENTURE is: Intended Use: ‘‘sport fishing, dinner tours.’’ Geographic Region: ‘‘Louisiana’’. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22631-22632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11133]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on claims for judicial review of actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327.

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

SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans and other Federal agencies that are 
final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to 
a proposed Avenue 416 Widening Project in the County of Tulare and 
County of Fresno, State of California. Those actions grant approvals 
for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, 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 November 
9, 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: Kelly Hobbs, Senior Environmental 
Planner, California Department of Transportation (Caltrans), 2015 E. 
Shields Avenue 100, Fresno, CA 93726; weekdays 8 a.m. to 5 
p.m. (Pacific Time); telephone (559) 243-8222; e-mail kelly_hobbs@dot.ca.gov.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and the California Department of Transportation (Caltrans) assumed 
environmental responsibilities for this project pursuant to 23 U.S.C. 
327. Notice is hereby given that Caltrans has taken final agency 
actions subject to 23 U.S.C. 139(l)(1) by issuing approvals for the 
following highway project in the State of California. The County of 
Tulare along with Fresno County and the City of Dinuba, in cooperation 
with the California Department of Transportation (Caltrans), propose to 
improve approximately 12 miles of Mountain View Avenue/Avenue 416/El 
Monte Way by widening from a two-lane to a four-lane roadway and 
constructing a median and/or median lane. The limits are from Bethel 
Avenue in Fresno County east to Road 92 in the City of Dinuba in Tulare 
County. The replacement of the Kings River Bridge in Tulare County with 
a four-lane structure is also proposed. The project would improve 
traffic operations and improve regional transportation and circulation. 
The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Assessment 
(EA)/Finding of No Significant Impact (FONSI) for the project, approved 
on April 28, 2009, and in other documents in the FHWA administrative 
records. The EA/FONSI and other documents are available by contacting 
FHWA or Caltrans at the addresses provided above. The FHWA EA/FONSI can 
be viewed at public locations in the project area: Tulare County 
Resource Management Agency at 5961 South Mooney Boulevard, Visalia, CA 
93277; the City of Dinuba City Hall, 405 East El Monte Way, Dinuba, CA 
93618; the Dinuba Branch Library, 150 S I St, Dinuba, CA 93618; the 
Windsor Christian Academy, 5018 Avenue 416, Reedley, CA 93654; or the 
Fresno Central Library, 2420 Mariposa St, Fresno, CA 93721.
    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]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 
128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 
319].
    4. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Wetlands Mitigation [23 
U.S.C. 103(b)(6)(m) and 133(b)(11)]; Land and Water Conservation Fund 
(LWCF), 16 U.S.C. 4601-4604; Flood Disaster Protection Act, 42 U.S.C. 
4001-4128; and Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)].
    5. 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)]; and Migratory Bird Treaty Act [16 U.S.C. 703-712].
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470 
et seq.]; and Native American Graves Protection and Repatriation Act 
[25 U.S.C. 3001-3013].
    7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201-
4209]; American Indian Religious Freedom Act [42 U.S.C. 1996]; and The 
Uniform Relocation Assistance and Real Property Acquisition Act of 
1970, as amended.
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986; and Resource Conservation 
and Recovery Act [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

[[Page 22632]]

Populations; E.O. 11593 Protection and Enhancement of the Cultural 
Environment; 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; and 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: May 7, 2009.
Karen Bobo,
Director, Local Agency Programs, Federal Highway Administration, 
Sacramento, California.
[FR Doc. E9-11133 Filed 5-12-09; 8:45 am]
BILLING CODE 4910-RY-P