Notice of Final Federal Agency Actions on Proposed Highway in California, 29263-29264 [E9-14408]

Download as PDF Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices for another two years, effective June 12, 2009. The NPAFC was established by the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, signed on February 12, 1992, by Canada, Japan, the Russian Federation, and the United States, and entered into force on February 16, 1993. The U.S. Advisory Panel will continue to work with the U.S. Section to promote the conservation of anadromous fish stocks, particularly salmon, throughout their migratory range in the North Pacific Ocean, as well as ecologically related species. The U.S. Section of the Commission is composed of three Commissioners who are appointed by the President. Each Commissioner is appointed for a term not to exceed 4 years, but is eligible for reappointment. The Secretary of State, in consultation with the Secretary of Commerce, may designate alternate commissioners. The Advisory Panel to the U.S. Section is composed of 14 members, 11 of whom are appointed by the Secretary, in consultation with the Secretary of Commerce. Advisory Panel members serve for a term not to exceed 4 years, and may not serve more than two consecutive terms. The Advisory Panel will continue to follow the procedures prescribed by the Federal Advisory Committee Act (FACA). Meetings will continue to be open to the public unless a determination is made in accordance with Section 10 of the FACA, 5 U.S.C. Secs. 552b(c)(1) and (4), that a meeting or a portion of the meeting should be closed to the public. Notice of each meeting will continue to be provided for publication in the Federal Register as far in advance as possible prior to the meeting. For further information on the renewal of the Advisory Panel, please contact John Field, Office of Marine Conservation in the Department of State, (202) 647–3263. Dated: May 5, 2009. David A. Balton, Deputy Assistant Secretary for Oceans and Fisheries, Department of State. [FR Doc. E9–14343 Filed 6–18–09; 8:45 am] BILLING CODE 4710–09–P mstockstill on PROD1PC66 with NOTICES DEPARTMENT OF TRANSPORTATION Office of the Secretary Application of Air Excursions, LLC for Certificate Authority AGENCY: Department of Transportation. VerDate Nov<24>2008 16:25 Jun 18, 2009 Jkt 217001 ACTION: Notice of Order to Show Cause (Order 2009–6–11), Docket DOT–OST– 2008–0318. 29263 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 SUMMARY: The Department of Federal agency actions on the highway Transportation is directing all interested project will be barred unless the claim persons to show cause why it should is filed on or before December 16, 2009. not issue an order finding Air If the Federal law that authorizes Excursions, LLC, fit, willing, and able to judicial review of a claim provides a engage in interstate scheduled air time period of less than 180 days for transportation of persons, property, and filing such claim, then that shorter time mail. period still applies. DATES: Persons wishing to file FOR FURTHER INFORMATION CONTACT: objections should do so no later than Lanh Phan, Transportation Engineer, June 26, 2009. Federal Highway Administration, 650 ADDRESSES: Objections and answers to Capitol Mall, Suite 4–100, Sacramento, objections should be filed in Docket CA 95814, weekdays between 7 a.m. DOT–OST–2008–0318 and addressed to and 4 p.m., telephone 916–498–5046, U.S. Department of Transportation, lanh.phan@dot.gov. For Forest Service: Docket Operations, (M–30, Room W12– Stacy Smith, Shasta-Trinity National 140), 1200 New Jersey Avenue, SE., Forest, 204 West Alma, Mount Shasta, West Building Ground Floor, CA 96067, Telephone: (530) 926–9643, Washington, DC 20590, and should be e-mail: slsmith01@fs.fed.us. For Bureau served upon the parties listed in of Reclamation: Buford Holt, Bureau of Attachment A to the Order to Show Reclamation, Northern California Area Cause. Office, 16349 Shasta Dam Boulevard, FOR FURTHER INFORMATION CONTACT: Shasta Lake, CA 96019, Telephone: Lauralyn J. Remo, Chief, Air Carrier (530) 276–2047, e-mail: Fitness Division (X–56, Room W86– bholt@mp.usbr.gov. For California 307), U.S. Department of Department of Transportation: Edward Transportation, 1200 New Jersey Espinoza, Chief, Caltrans Environmental Avenue, SE., Washington, DC 20590, Planning Office, 1657 Riverside Drive, (202) 366–9721. Redding, CA 96001, during normal office hours 7:30 a.m.–4:15 p.m. Dated: June 12, 2009. Monday–Friday, Telephone: (530) 225– Christa Fornarotto, 3308, e-mail: ejespino@dot.ca.gov. Acting Assistant Secretary for Aviation and SUPPLEMENTARY INFORMATION: Notice is International Affairs. hereby given that the FHWA and other [FR Doc. E9–14418 Filed 6–18–09; 8:45 am] Federal agencies have taken final agency BILLING CODE P actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals DEPARTMENT OF TRANSPORTATION for the following highway project in the State of California: Replacement of the Federal Highway Administration Antlers Bridge (Bridge No. 06–0089) and realignment of a 0.42-mile segment of Notice of Final Federal Agency Actions Interstate 5, in Shasta County, near the on Proposed Highway in California community of Lakehead. The existing steel truss bridge was constructed in AGENCY: Federal Highway 1941 and exhibits signs of structural Administration (FHWA), U.S. DOT. fatigue. Additionally, the section of ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA highway abutting the south end of the bridge includes a series of curves and and other Federal agencies: ShastaTrinity National Forest (Forest Service), has an accident rate higher than average for similar highways statewide. The and U.S. Bureau of Reclamation, MidPacific Region (Bureau of Reclamation). proposed project entails construction of a new bridge on an alignment SUMMARY: This notice announces actions immediately east of the existing bridge. The existing bridge will be removed taken by the FHWA and other Federal once the new bridge is operational. A agencies that are final within the 0.42-mile section of highway south of meaning of 23 U.S.C. 139(l)(1). These the bridge will be reconstructed to actions relate to a proposed highway improve the alignment. The actions by project, replacement of the Antlers the Federal agencies, and the laws Bridge (Bridge No. 06–0089) and under which such actions were taken, realignment of a 0.42-mile segment of are described in the Final Interstate 5, in the County of Shasta, Environmental Assessment (EA) for the State of California. Those actions grant project, approved on September 29, licenses, permits, and approvals for the 2006, in the FHWA Finding of No project. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\19JNN1.SGM 19JNN1 mstockstill on PROD1PC66 with NOTICES 29264 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices Significant Impact (FONSI) issued on January 19, 2007, and in other documents in the FHWA project records. The EA, FONSI, and other project records are available by contacting Caltrans at the address provided above. The FHWA EA and FONSI can be viewed and downloaded from the project Web site at https:// www.dot.ca.gov/dist3/departments/ envinternet/antler/antler.htm. The Forest Service and Bureau of Reclamation decisions and permits are available by contacting the Forest Service and Bureau of Reclamation at the addresses provided above. 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]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, 42 U.S.C. 7401– 7671(q). 3. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Anadromous Fish Conservation Act [16 U.S.C. 757(a)– 757(g)], Migratory Bird Treaty Act [16 U.S.C. 703–712], Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 4. 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]. 5. 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]. 6. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); 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; Rivers and Harbors Act of 1899, 33 U.S.C. 401–406. 7. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901–6992(k). VerDate Nov<24>2008 16:25 Jun 18, 2009 Jkt 217001 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. 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(I)(1). Issued on: June 15, 2009. Cindy Vigue, Director, State Programs, Federal Highway Administration, Sacramento, California. [FR Doc. E9–14408 Filed 6–18–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–28043] Hours of Service (HOS) of Drivers; Renewal of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA previously announced its decision to renew the American Pyrotechnics Association (APA) exemption for 61 member motor carriers from FMCSA’s regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty. No comments were submitted to the public docket; consequently, the Agency confirms the renewal of the exemption. DATES: This exemption is effective during the periods of June 28, 2009, through July 8, 2009, and June 28, 2010, through July 8, 2010, inclusive. FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations; Telephone: 202–366–4325, E-mail: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 Background Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption from the hours of service (HOS) requirements in 49 CFR 395.3(a)(2) for up to two years if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption’’ (49 CFR 381.305(a)). APA, a trade association representing the domestic fireworks industry, applied for renewal of a limited exemption from the HOS rules on behalf of 61 of its member motor carriers, and approximately 3,000 of their CMV drivers for an eleven-day period surrounding Independence Day in 2009, and a similar period in 2010, as previously announced in the Federal Register (74 FR 24069, May 22, 2009). A copy of the application is included in the docket referenced at the beginning of this notice. The list of APA member companies covered by the exemption from 49 CFR 395.3(a)(2) is included as an Appendix to this notice. The HOS rules prohibit a propertycarrying CMV driver from driving after the 14th hour after coming on duty following 10 consecutive hours off duty (49 CFR 395.3(a)(2)). During the periods June 28–July 8, 2009, and June 28–July 8, 2010, inclusive, the companies named in the Appendix and approximately 3,000 CMV drivers employed by them, will be exempt from section 395.3(a)(2) if they are operating in conjunction with the staging of fireworks shows celebrating Independence Day. These CMV drivers hold a commercial driver’s license with hazardous materials endorsement. They also are trained pyrotechnicians. They transport fireworks and set up and stage fireworks shows. Section 49 CFR 395.3(a)(2) prohibits a driver from driving after the 14th hour after coming on duty and does not permit off-duty periods to extend the 14-hour limit. This exemption permits CMV drivers engaged in these operations to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour duty period. These drivers must continue to obtain 10 consecutive hours off duty prior to the 14-hour period, and remain subject to the 11-hour driving time limit, the 60- and 70-hour on-duty limits, and all other HOS rules. APA sought renewal of this exemption because compliance by its members with the current 14-hour rule would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member companies, with regard to their Independence Day celebrations. APA E:\FR\FM\19JNN1.SGM 19JNN1

Agencies

[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29263-29264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14408]


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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), U.S. DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and other Federal agencies: Shasta-Trinity National Forest 
(Forest Service), and U.S. Bureau of Reclamation, Mid-Pacific Region 
(Bureau of Reclamation).

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

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). These actions relate to a proposed highway project, 
replacement of the Antlers Bridge (Bridge No. 06-0089) and realignment 
of a 0.42-mile segment of Interstate 5, in the County of Shasta, State 
of California. 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 December 16, 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: Lanh Phan, Transportation Engineer, 
Federal Highway Administration, 650 Capitol Mall, Suite 4-100, 
Sacramento, CA 95814, weekdays between 7 a.m. and 4 p.m., telephone 
916-498-5046, lanh.phan@dot.gov. For Forest Service: Stacy Smith, 
Shasta-Trinity National Forest, 204 West Alma, Mount Shasta, CA 96067, 
Telephone: (530) 926-9643, e-mail: slsmith01@fs.fed.us. For Bureau of 
Reclamation: Buford Holt, Bureau of Reclamation, Northern California 
Area Office, 16349 Shasta Dam Boulevard, Shasta Lake, CA 96019, 
Telephone: (530) 276-2047, e-mail: bholt@mp.usbr.gov. For California 
Department of Transportation: Edward Espinoza, Chief, Caltrans 
Environmental Planning Office, 1657 Riverside Drive, Redding, CA 96001, 
during normal office hours 7:30 a.m.-4:15 p.m. Monday-Friday, 
Telephone: (530) 225-3308, e-mail: ejespino@dot.ca.gov.

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 highway project in the State of California: Replacement of 
the Antlers Bridge (Bridge No. 06-0089) and realignment of a 0.42-mile 
segment of Interstate 5, in Shasta County, near the community of 
Lakehead. The existing steel truss bridge was constructed in 1941 and 
exhibits signs of structural fatigue. Additionally, the section of 
highway abutting the south end of the bridge includes a series of 
curves and has an accident rate higher than average for similar 
highways statewide. The proposed project entails construction of a new 
bridge on an alignment immediately east of the existing bridge. The 
existing bridge will be removed once the new bridge is operational. A 
0.42-mile section of highway south of the bridge will be reconstructed 
to improve the alignment. The actions by the Federal agencies, and the 
laws under which such actions were taken, are described in the Final 
Environmental Assessment (EA) for the project, approved on September 
29, 2006, in the FHWA Finding of No

[[Page 29264]]

Significant Impact (FONSI) issued on January 19, 2007, and in other 
documents in the FHWA project records. The EA, FONSI, and other project 
records are available by contacting Caltrans at the address provided 
above. The FHWA EA and FONSI can be viewed and downloaded from the 
project Web site at https://www.dot.ca.gov/dist3/departments/envinternet/antler/antler.htm. The Forest Service and Bureau of 
Reclamation decisions and permits are available by contacting the 
Forest Service and Bureau of Reclamation at the addresses provided 
above. 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]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Migratory 
Bird Treaty Act [16 U.S.C. 703-712], Magnuson-Stevens Fishery 
Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et 
seq.].
    4. 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].
    5. 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].
    6. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); 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; Rivers and Harbors Act of 1899, 33 U.S.C. 401-406.
    7. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k).
    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. 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(I)(1).

    Issued on: June 15, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E9-14408 Filed 6-18-09; 8:45 am]
BILLING CODE 4910-RY-P

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