Notice of Final Federal Agency Actions on Proposed Highway in California, 66196-66197 [E9-29636]

Download as PDF 66196 Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices Federal Information Relay Service (FIRS) at 1–800–877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR’s filing of a notice of consummation by December 14, 2010, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at: ‘‘https:// www.stb.dot.gov.’’ Decided: December 8, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–29670 Filed 12–11–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–1051X] mstockstill on DSKH9S0YB1PROD with NOTICES Gloster Southern Railroad Company LLC—Discontinuance of Service Exemption—in Amite and Wilkinson Counties, MS and East Feliciana Parish, LA Gloster Southern Railroad Company LLC (GLSR) has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over a 32.7-mile line of railroad between milepost 0.0, at Slaughter, LA, and milepost 32.7, at Gloster, MS, in East Feliciana Parish, LA, and Wilkinson and Amite Counties, MS. The line traverses United States Postal Service Zip Codes 39631, 39638, 70730, 70761, and 70777. GLSR has certified that: (1) No traffic has moved over the line for at least 2 years; (2) any overhead traffic can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of VerDate Nov<24>2008 17:54 Dec 11, 2009 Jkt 220001 complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial 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 January 13, 2010,1 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 December 24, 2009.3 Petitions to reopen must be filed by January 5, 2010, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to GLSR’s representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1920 N Street, NW. (8th floor), Washington, DC 20036. 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: December 8, 2009. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–29638 Filed 12–11–09; 8:45 am] BILLING CODE 4915–01–P 1 GLSR submitted its original notice of exemption on October 27, 2009, without an affidavit certifying newspaper publication as required under 49 CFR 1105.12. On November 24, 2009, GLSR filed such an affidavit. Accordingly, the file date for this notice of exemption is November 24, 2009. 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. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 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, and other Federal agencies, such as U.S. Army Corps of Engineers (USACE) that are using this NEPA document in its decisionmaking. SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, and applicable Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, State Route 152, Los Banos Bypass Project postmiles 16.0 to 24.8 in Merced County, State of California. Those actions grant licenses, permits, and 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 June 14, 2010. 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: For Caltrans: Gail Miller; Acting Environmental Office Chief; Central Region Environmental North Office, 2015 E. Shields Ave, Fresno, CA 93726; 8 a.m.–5 p.m., 559–243–8274, gail_miller@dot.ca.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and Caltrans assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans, has taken final agency actions subject to 23 U.S.C. 139(l)(1) approving the following highway project in the State of California: The Los Banos Bypass Project would build a four-lane freeway within an ultimate six-lane right-of-way. Alternative 3M, the chosen alternative, would proceed northeast from a western interchange and cross Badger Flat Road. The alignment would range from approximately 2,055 to 3,266 feet south of Henry Miller Road. The alignment would then dip southeast to run between the San Luis and Santa Fe canals. An interchange is proposed near E:\FR\FM\14DEN1.SGM 14DEN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices Santa Fe Grade Road post mile 23.5, where the bypass would connect with the existing State Route 152. 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 June 25, 2007, in the FHWA Record of Decision (ROD) issued on September 14, 2009 and in other documents in the FHWA project records. The FEIS, ROD, and other project records are available by contacting Caltrans at the address 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]; 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. 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]. 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.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et seq]; and Native American Graves Protection and Repatriation Act [25 U.S.C. 3001–3013]. 5. 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]; and The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 6. 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 the Cultural Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; and E.O. 13112 Invasive Species. 7. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 300(f)–300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 133(b)(11)]. VerDate Nov<24>2008 17:54 Dec 11, 2009 Jkt 220001 8. AB 32 sets the same overall greenhouse gas emissions reduction goals while further mandating that the California Air Resources Board create a plan, which includes market mechanisms, and implement rules to achieve ‘‘real, quantifiable, costeffective reductions of greenhouse gases.’’ 9. Executive Order S–20–06 directs state agencies to begin implementing AB 32, including the recommendations made by the state’s Climate Action Team. (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: December 8, 2009. Cindy Vigue, Director, State Programs, Federal Highway Administration, Sacramento, California. [FR Doc. E9–29636 Filed 12–11–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA–1999–5578; FMCSA– 1999–6480; FMCSA–2001–9561; FMCSA– 2003–15892; FMCSA–2007–27897; FMCSA– 2007–28695] Qualification of Drivers; Exemption Renewals; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 19 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 66197 Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at https://www.regulations.gov Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period 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.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The comment period ended on November 18, 2009 (74 FR 53581). Discussion of Comments FMCSA received no comments in this proceeding. Conclusion The Agency has not received any adverse evidence on any of these drivers that indicates that safety is being compromised. Based upon its evaluation of the 19 renewal applications, FMCSA renews the Federal vision exemptions for Lauren C. Allen, Tracey A. Ammons, David N. Cleveland, Randy B. Combs, Robert L. Cross, Jr., James D. Davis, Thomas E. Dixon, Edward J. Genovese, Dewayne E. Harms, Mark D. Kraft, David F. LeClerc, Charles D. Oestreich, Carson E. Rohrbaugh, Donald J. Snider, John A. Sortman, Jesse L. Townsend, James A. Welch, Edward W. Yeates, Jr., and Michael E. Yount. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: December 4, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–29701 Filed 12–11–09; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66196-66197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29636]


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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, and other Federal agencies, such as U.S. Army Corps of 
Engineers (USACE) that are using this NEPA document in its 
decisionmaking.

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

SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, and applicable Federal agencies 
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions 
relate to a proposed highway project, State Route 152, Los Banos Bypass 
Project postmiles 16.0 to 24.8 in Merced County, State of California. 
Those actions grant licenses, permits, and 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 June 14, 
2010. 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: For Caltrans: Gail Miller; Acting 
Environmental Office Chief; Central Region Environmental North Office, 
2015 E. Shields Ave, Fresno, CA 93726; 8 a.m.-5 p.m., 559-243-8274, 
gail_miller@dot.ca.gov.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and Caltrans assumed environmental responsibilities for this project 
pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans, 
has taken final agency actions subject to 23 U.S.C. 139(l)(1) approving 
the following highway project in the State of California: The Los Banos 
Bypass Project would build a four-lane freeway within an ultimate six-
lane right-of-way. Alternative 3M, the chosen alternative, would 
proceed northeast from a western interchange and cross Badger Flat 
Road. The alignment would range from approximately 2,055 to 3,266 feet 
south of Henry Miller Road. The alignment would then dip southeast to 
run between the San Luis and Santa Fe canals. An interchange is 
proposed near

[[Page 66197]]

Santa Fe Grade Road post mile 23.5, where the bypass would connect with 
the existing State Route 152. 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 June 25, 2007, in the FHWA Record of Decision (ROD) issued on 
September 14, 2009 and in other documents in the FHWA project records. 
The FEIS, ROD, and other project records are available by contacting 
Caltrans at the address 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]; 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. 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].
    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.]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa 
et seq]; and Native American Graves Protection and Repatriation Act [25 
U.S.C. 3001-3013].
    5. 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]; and The Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970, as amended.
    6. 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 the Cultural 
Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve 
America; 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; and E.O. 13112 Invasive Species.
    7. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 
300(f)-300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 
133(b)(11)].
    8. AB 32 sets the same overall greenhouse gas emissions reduction 
goals while further mandating that the California Air Resources Board 
create a plan, which includes market mechanisms, and implement rules to 
achieve ``real, quantifiable, cost-effective reductions of greenhouse 
gases.''
    9. Executive Order S-20-06 directs state agencies to begin 
implementing AB 32, including the recommendations made by the state's 
Climate Action Team.

(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: December 8, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E9-29636 Filed 12-11-09; 8:45 am]
BILLING CODE 4910-RY-P