Environmental Impact Statement in Seattle, WA, 26917-26918 [E9-12988]
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices
of the proposed information collection;
ways to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Issued on: May 7, 2009.
Marilena Amoni,
Associate Administrator, National Center for
Statistics and Analysis, National Highway
Traffic Safety Administration, U.S.
Department of Transportation, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
[FR Doc. E9–13076 Filed 6–3–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0106]
Petition for Declaratory Order by
Fullington Trailways, LLC
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of petition for
declaratory order; request for comments.
SUMMARY: FMCSA invites all interested
persons to comment on a petition
submitted by Fullington Trailways, LLC
(Fullington) for a declaratory order
requesting that FMCSA find that certain
regularly scheduled passenger bus
service provided by Fullington is in
interstate commerce and not subject to
the jurisdiction of the Pennsylvania
Public Utilities Commission.
DATES: Initial comments are due on or
before August 3, 2009. In order to allow
adequate time and notice for
commenters to prepare reply comments,
initial comments received after the
deadline will not be considered.
Reply comments are due on or before
September 2, 2009. The Agency will
only consider reply comments
responding directly to issues raised in
the initial round of comments.
Commenters may not use reply
comments to raise new issues.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2009–0106, by any of the
following methods. Do not submit the
same comments by more than one
method. However, to allow effective
public participation before the comment
period deadline, the Agency encourages
use of the FDMS Web site that is listed
first. It will provide the most efficient
VerDate Nov<24>2008
15:16 Jun 03, 2009
Jkt 217001
and timely method of receiving and
processing your comments.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations (M–
30), Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• Courier or in person: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
Instructions: All submissions must
include the Agency name and docket
number for this regulatory action. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Refer to
the Privacy Act heading on https://
www.regulations.gov for further
information.
Public Participation: The FDMS is
available 24 hours each day, 365 days
each year. You can find electronic
submission and retrieval help and
guidelines under the ‘‘help’’ section of
the Web site. For confirmation that
FMCSA received your comments, please
include a self-addressed, stamped
envelope or postcard, or print the
acknowledgement page that appears
after submitting comments on-line.
Copies or abstracts of all documents
referenced in this notice are in the
Docket No. FMCSA–2009–0106. To read
background documents or comments
received in the docket, go to https://
www.regulations.gov at any time, or
visit Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. All
comments received before the close of
business on the comment closing dates
indicated above will be considered and
will be available for examination in the
docket at the above address. Initial
comments received after the initial
comment closing date will not be
considered.
FOR FURTHER INFORMATION CONTACT:
Genevieve D. Sapir, (202) 366–7056,
Office of the Chief Counsel (MC–CCR),
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Fullington
Trailways, LLC currently provides
passenger bus service along various
routes in Pennsylvania. Along two such
routes, Lewistown to Harrisburg and
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26917
State College to Harrisburg, Fullington
held intrastate authority from the
Pennsylvania Public Utilities
Commission (PPUC) and then
subsequently obtained interstate
authority along these same routes from
the FMCSA. Fullington seeks to
discontinue early morning service on
the State College/Harrisburg route and
raise rates for early morning service on
the Lewistown/Harrisburg route. A
regular passenger on Fullington’s routes
filed a complaint with the PPUC
opposing these changes.
The PPUC concluded that, to the
extent the State College/Harrisburg and
Lewistown/Harrisburg routes were
properly characterized as operations in
interstate commerce under Federal law,
it did not have jurisdiction over the
complaint. However, the PPUC further
concluded that it lacked jurisdiction to
make this determination and that
FMCSA had primary jurisdiction to
determine whether the routes at issue
were in fact interstate.
The PPUC instructed Fullington to
seek a determination from FMCSA on
the following three issues with respect
to its State College/Harrisburg and
Lewistown/Harrisburg routes: (1)
Whether its operations are within the
scope of its Federal operating authority;
(2) whether PPUC regulation as to rates
and schedules is preempted; and (3)
whether Fullington’s operations qualify
as a ‘‘special operation’’ or ‘‘intrastate
commuter bus operation’’ under 49
U.S.C. 13902.
On September 17, 2008, Fullington
submitted a Petition for Declaratory
Order to FMCSA seeking a
determination on these issues. This
Petition is available for review in the
docket for this proceeding. Before
making its determination on the matters
raised in the Petition, the Agency
invites public comment on these issues.
Issued on May 28, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9–13043 Filed 6–3–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement in
Seattle, WA
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of intent.
SUMMARY: The FHWA is issuing this
Notice to advise the public, Tribes, and
agencies that it intends to prepare a
E:\FR\FM\04JNN1.SGM
04JNN1
26918
Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices
Second Supplemental Draft
Environmental Impact Statement
(SSDEIS) for a proposed highway
project to replace the Alaskan Way
Viaduct (SR 99) in Seattle, King County,
Washington. This Notice revises a
Notice of Intent for the Alaskan Way
Viaduct and Seawall Replacement
Project, which was published on August
3, 2005 (70 FR 44716). Furthermore, this
Notice rescinds the Notice of Intent
published on July 16, 2008 (73 FR
40908). The 2008 Notice of Intent
anticipated the preparation of an
Environmental Impact Statement that
would evaluate various transportation
modes and systems between the south
Seattle city limits and N. 85th Street and
Elliott Bay and Lake Washington, in
addition to replacing the Alaskan Way
Viaduct and Seawall. Rather than
pursuing this more broad, multi-agency
proposal, this Notice re-establishes
FHWA’s intent to continue the process
begun with the publication of a Notice
of Intent on June 22, 2001 (66 FR
33602), as revised on September 26,
2003 (68 FR 55712), and again in 2005.
That process has resulted in the
issuance of a Draft Environmental
Impact Statement in March 2004, and a
Supplemental Draft Environmental
Impact Statement in July 2006. The
planned SSDEIS will build on these
earlier documents and the alternatives
evaluated therein. However, there are
some important changes to the earlier
proposal. The major change is that this
proposal will now consider one or more
alternatives that no longer include the
seawall along the Elliott Bay shoreline,
known as the Alaskan Way Seawall. The
Seawall was the subject of a Notice of
Intent issued by the U.S. Army Corps of
Engineers on March 31, 2006 (71 FR
16293). The SSDEIS will also set forth
a revised Purpose and Need for the
proposed project, re-evaluate previous
Viaduct replacement alternatives in
light of the revised Purpose and Need,
and introduce and evaluate at least one
new build alternative—a bored tunnel.
FOR FURTHER INFORMATION CONTACT:
Randy Everett, Major Projects Oversight
Manager, Federal Highway
Administration, Jackson Federal
Building, 915 2nd Avenue, Room 3142,
Seattle, WA 98174; telephone: (206)
220–7538; and e-mail:
Randolph.Everett@dot.gov. The FHWA
Washington Division’s Oversight
Manager’s regular office hours are
between 8 a.m. and 4:30 p.m. (Pacific
Time).
SUPPLEMENTARY INFORMATION: FHWA,
Washington State Department of
Transportation (WSDOT), and the City
of Seattle (City) will prepare a SSDEIS
VerDate Nov<24>2008
15:16 Jun 03, 2009
Jkt 217001
to document the environmental
consequences of alternatives for the
proposed replacement of the Alaskan
Way Viaduct located in downtown
Seattle, King County, Washington. The
intent of the proposed project is to
improve public safety by replacing the
existing Alaskan Way Viaduct with a
transportation facility with improved
earthquake resistance that provides for
the efficient movement of people and
goods through downtown Seattle. The
Alaskan Way Viaduct is at the end of its
useful life and must be replaced to
protect public safety. Mobility through
downtown Seattle is vital to
maintaining local, regional, and
statewide economic health.
In March 2004 a draft EIS was
published evaluating five build
alternatives; rebuild, aerial, cut and
cover tunnel, bypass tunnel, and surface
(https://www.wsdot.wa.gov/Projects/
Viaduct/libraryenvironmental.htm#deis). A
supplemental draft EIS was published
in July 2006 extending the project north
of Battery Street Tunnel (https://
www.wsdot.wa.gov/Projects/Viaduct/
library-environmental.htm#sdeis). This
document reduced the number of
alternatives from five to two, a cut-andcover tunnel and an elevated structure,
based on information presented in the
Draft EIS, public comments, and further
study and design, and also evaluated
different approaches to construction and
their likely impacts.
In an advisory ballot measure in
March 2007, Seattle voters rejected both
a cut-and-cover tunnel and an elevated
structure. The vote caused the agencies
to reassess the problem of replacing the
aging Viaduct, and in doing so, they
hoped they would find a solution that
had not yet emerged. Therefore,
WSDOT, the City and King County
Department of Transportation with
support from FHWA took a fresh look at
the transportation systems surrounding
the Viaduct, and considered whether a
systems-level solution could be found.
Concurrently, FHWA determined the
portion of the Viaduct south of King
Street was an independent project. A
Finding of No Significant Impact for
improvements to this portion of SR 99
was published in February 2009. (https://
www.wsdot.wa.gov/Projects/Viaduct/
library-environmental.htm)
As part of the reassessment, the
agencies considered improvements to
SR 99, Interstate 5, Seattle streets,
transit service, and transportation
demand and systems management
programs. An advisory group of
stakeholders representing a wide range
of interests was formed to provide input
to the agencies. Public meetings were
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
also held periodically throughout the
reassessment process. During the
reassessment process a bored tunnel
emerged as an alternative that merited
further consideration.
This SSDEIS will focus on evaluating
the bored tunnel alternative. In
addition, other alternatives that emerged
during the reassessment process will be
reviewed. Further, the Purpose and
Need for the project will be revised
based on comments received on the
previous environmental documents, and
the issues that emerged during the
reassessment process—providing
through capacity for vehicles, avoiding
extensive construction impacts, and
reconnecting the waterfront with the
downtown. In light of the revised
Purpose and Need, previous alternatives
considered will be re-evaluated. Finally,
the southern terminus will be revised to
connect to the Holgate to King Street
project, which has completed its
separate, independent environmental
review, and is under construction.
DATES: Scoping meetings will be held on
June 8, 2009, at Seattle City Hall, Bertha
Knight Landes Room, 600 Fourth
Avenue, Seattle, WA, from 5 to 7 p.m.;
June 10, 2009, at Madison Middle
School, 3429 45th Ave., SW., Seattle,
WA from 6 to 8 p.m.; and June 11, 2009,
at Leif Erikson Hall, 2245 NW. 57th St.,
Seattle, WA from 6 to 8 p.m. FHWA
invites agencies, Tribes, and the public
to comment on the process that has been
conducted up to now, the revised
Purpose and Need, the bored tunnel
alternative, and any potentially
reasonable alternatives not previously
considered to replace the aging Viaduct
structure.
In lieu of, or in addition to, providing
comments at any of the scoping
meetings, comments and questions
concerning this action and the SSDEIS
may be submitted to FHWA at the
address provided above or provided via
e-mail to SDEIS2scopingcomments
@wsdot.wa.gov. FHWA requests that
written comments be received by July
10, 2009.
Authority: 23 U.S.C. 771.
(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.)
Randy Everett,
Major Projects Oversight Manager.
[FR Doc. E9–12988 Filed 6–3–09; 8:45 am]
BILLING CODE 4910–RY–P
E:\FR\FM\04JNN1.SGM
04JNN1
Agencies
[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26917-26918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12988]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement in Seattle, WA
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: The FHWA is issuing this Notice to advise the public, Tribes,
and agencies that it intends to prepare a
[[Page 26918]]
Second Supplemental Draft Environmental Impact Statement (SSDEIS) for a
proposed highway project to replace the Alaskan Way Viaduct (SR 99) in
Seattle, King County, Washington. This Notice revises a Notice of
Intent for the Alaskan Way Viaduct and Seawall Replacement Project,
which was published on August 3, 2005 (70 FR 44716). Furthermore, this
Notice rescinds the Notice of Intent published on July 16, 2008 (73 FR
40908). The 2008 Notice of Intent anticipated the preparation of an
Environmental Impact Statement that would evaluate various
transportation modes and systems between the south Seattle city limits
and N. 85th Street and Elliott Bay and Lake Washington, in addition to
replacing the Alaskan Way Viaduct and Seawall. Rather than pursuing
this more broad, multi-agency proposal, this Notice re-establishes
FHWA's intent to continue the process begun with the publication of a
Notice of Intent on June 22, 2001 (66 FR 33602), as revised on
September 26, 2003 (68 FR 55712), and again in 2005. That process has
resulted in the issuance of a Draft Environmental Impact Statement in
March 2004, and a Supplemental Draft Environmental Impact Statement in
July 2006. The planned SSDEIS will build on these earlier documents and
the alternatives evaluated therein. However, there are some important
changes to the earlier proposal. The major change is that this proposal
will now consider one or more alternatives that no longer include the
seawall along the Elliott Bay shoreline, known as the Alaskan Way
Seawall. The Seawall was the subject of a Notice of Intent issued by
the U.S. Army Corps of Engineers on March 31, 2006 (71 FR 16293). The
SSDEIS will also set forth a revised Purpose and Need for the proposed
project, re-evaluate previous Viaduct replacement alternatives in light
of the revised Purpose and Need, and introduce and evaluate at least
one new build alternative--a bored tunnel.
FOR FURTHER INFORMATION CONTACT: Randy Everett, Major Projects
Oversight Manager, Federal Highway Administration, Jackson Federal
Building, 915 2nd Avenue, Room 3142, Seattle, WA 98174; telephone:
(206) 220-7538; and e-mail: Randolph.Everett@dot.gov. The FHWA
Washington Division's Oversight Manager's regular office hours are
between 8 a.m. and 4:30 p.m. (Pacific Time).
SUPPLEMENTARY INFORMATION: FHWA, Washington State Department of
Transportation (WSDOT), and the City of Seattle (City) will prepare a
SSDEIS to document the environmental consequences of alternatives for
the proposed replacement of the Alaskan Way Viaduct located in downtown
Seattle, King County, Washington. The intent of the proposed project is
to improve public safety by replacing the existing Alaskan Way Viaduct
with a transportation facility with improved earthquake resistance that
provides for the efficient movement of people and goods through
downtown Seattle. The Alaskan Way Viaduct is at the end of its useful
life and must be replaced to protect public safety. Mobility through
downtown Seattle is vital to maintaining local, regional, and statewide
economic health.
In March 2004 a draft EIS was published evaluating five build
alternatives; rebuild, aerial, cut and cover tunnel, bypass tunnel, and
surface (https://www.wsdot.wa.gov/Projects/Viaduct/library-environmental.htm#deis). A supplemental draft EIS was published in July
2006 extending the project north of Battery Street Tunnel (https://www.wsdot.wa.gov/Projects/Viaduct/library-environmental.htm#sdeis).
This document reduced the number of alternatives from five to two, a
cut-and-cover tunnel and an elevated structure, based on information
presented in the Draft EIS, public comments, and further study and
design, and also evaluated different approaches to construction and
their likely impacts.
In an advisory ballot measure in March 2007, Seattle voters
rejected both a cut-and-cover tunnel and an elevated structure. The
vote caused the agencies to reassess the problem of replacing the aging
Viaduct, and in doing so, they hoped they would find a solution that
had not yet emerged. Therefore, WSDOT, the City and King County
Department of Transportation with support from FHWA took a fresh look
at the transportation systems surrounding the Viaduct, and considered
whether a systems-level solution could be found. Concurrently, FHWA
determined the portion of the Viaduct south of King Street was an
independent project. A Finding of No Significant Impact for
improvements to this portion of SR 99 was published in February 2009.
(https://www.wsdot.wa.gov/Projects/Viaduct/library-environmental.htm)
As part of the reassessment, the agencies considered improvements
to SR 99, Interstate 5, Seattle streets, transit service, and
transportation demand and systems management programs. An advisory
group of stakeholders representing a wide range of interests was formed
to provide input to the agencies. Public meetings were also held
periodically throughout the reassessment process. During the
reassessment process a bored tunnel emerged as an alternative that
merited further consideration.
This SSDEIS will focus on evaluating the bored tunnel alternative.
In addition, other alternatives that emerged during the reassessment
process will be reviewed. Further, the Purpose and Need for the project
will be revised based on comments received on the previous
environmental documents, and the issues that emerged during the
reassessment process--providing through capacity for vehicles, avoiding
extensive construction impacts, and reconnecting the waterfront with
the downtown. In light of the revised Purpose and Need, previous
alternatives considered will be re-evaluated. Finally, the southern
terminus will be revised to connect to the Holgate to King Street
project, which has completed its separate, independent environmental
review, and is under construction.
DATES: Scoping meetings will be held on June 8, 2009, at Seattle City
Hall, Bertha Knight Landes Room, 600 Fourth Avenue, Seattle, WA, from 5
to 7 p.m.; June 10, 2009, at Madison Middle School, 3429 45th Ave.,
SW., Seattle, WA from 6 to 8 p.m.; and June 11, 2009, at Leif Erikson
Hall, 2245 NW. 57th St., Seattle, WA from 6 to 8 p.m. FHWA invites
agencies, Tribes, and the public to comment on the process that has
been conducted up to now, the revised Purpose and Need, the bored
tunnel alternative, and any potentially reasonable alternatives not
previously considered to replace the aging Viaduct structure.
In lieu of, or in addition to, providing comments at any of the
scoping meetings, comments and questions concerning this action and the
SSDEIS may be submitted to FHWA at the address provided above or
provided via e-mail to SDEIS2scopingcomments@wsdot.wa.gov. FHWA
requests that written comments be received by July 10, 2009.
Authority: 23 U.S.C. 771.
(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.)
Randy Everett,
Major Projects Oversight Manager.
[FR Doc. E9-12988 Filed 6-3-09; 8:45 am]
BILLING CODE 4910-RY-P