Environmental Impact Statement: Calvert and St. Mary's Counties, MD, 31835-31836 [2010-13399]
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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Notices
environmental documents prepared by
another Federal agency when the
proposed actions are ‘‘substantially the
same’’ and the adopting agency has
concluded that the initial statement
meets the standards for an adequate
statement under the CEQ regulations. 40
CFR 1506.3. Furthermore, the CEQ
regulations state that when the actions
are substantially the same, ‘‘the agency
adopting the agency’s statement is not
required to recirculate it except as a
final statement.’’ Id. FRA has conducted
an independent review of the 2004 EIS
for the purpose of determining whether
FRA could adopt it pursuant to 40 CFR
1506.3. FRA’s review concluded that
FRA’s action in funding the train box is
substantially the same as the action
documented in the 2004 EIS, that the
EIS adequately assessed the
environmental impacts associated with
the train box and meets the standards of
the CEQ NEPA Regulations (40 CFR
parts 1500 through1508), and that the
FRA can adopt the 2004 EIS. CEQ’s
regulations implementing NEPA
strongly encourage agencies to reduce
paperwork and duplication. 40 CFR
1500.4. One of the methods identified
by CEQ to accomplish this goal is
adopting the environmental documents
prepared by other agencies in
appropriate circumstances. 40 CFR
1500.4(n), 1500.5(h), and 1506.3.
In order to comply with its obligations
under Section 106 of the National
Historic Preservation Act, 16 U.S.C. 470
et seq., the FRA also intends to join the
existing Memorandum of Agreement
(MOA) between the FTA and the
California State Historic Preservation
Officer. That MOA describes the roles
and responsibilities of the parties and
will allow FRA to take into account the
potential effect of the FRA’s action on
historic properties pursuant to the
requirements of Section 106. In
addition, the 2004 EIS includes a final
determination according to the
requirements of Section 4(f) of the
Department of Transportation Act of
1966. 49 U.S.C. 303. Section 4(f)
requires that projects undertaken by
DOT must avoid using parks,
recreational areas, wildlife and
waterfowl refuges, or public and private
historical sites unless there is no
feasible and prudent alternative, and the
action includes all possible planning to
minimize harm to the property. By
adopting the 2004 EIS, the FRA is also
adopting the FTA’s Final Section 4(f)
Evaluation and will therefore be in
compliance with the requirements of
that statute.
Furthermore, FRA’s Procedures for
Considering Environmental Impacts (64
FR 28545, May 26, 1999) require the
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reevaluation of a Final EIS if major steps
toward implementation of the proposed
action have not commenced within
three years from the date of approval of
the final EIS. The reevaluation is
required to determine whether the final
EIS is still accurate, adequate and valid.
As described above, the train box was
an element of the 2004 EIS; however,
design modifications to the train box
occurred, and the Environmental
Reevaluation provides an update to
those sections for which new
information is available that is pertinent
to the proposed action in Phase 1 of the
Transbay Terminal project. In
accordance with the Environmental
Protection Agency’s (EPA) requirements
regarding the filing of EISs, FRA has
provided the EPA with a notice of
adoption and five copies of the FTA’s
Final EIS and the Environmental
Reevaluation. EPA will publish a notice
of availability of the Final EIS in the
Federal Register consistent with its
usual practices. Because of the multivolume size of the FEIS and its
continued availability in libraries in the
affected community and on the TJPA’s
and FRA’s Web sites, FRA is not
republishing the document on its own.
This would be costly, defeat CEQ’s goals
of reducing paperwork and duplication
of effort, and be of little or no additional
value to other agencies or the public.
The Environmental Reevaluation is also
available on the TJPA’s Web site
(www.transbaycenter.org), on the FRA’s
Web site (https://www.fra.dot.gov), and at
libraries in San Francisco, San Bruno,
and Oakland, California. FRA has
mailed a notification of FRA’s adoption
and identified places where the 2004
EIS and the Environmental Reevaluation
are available to persons and parties of
record who have participated in the
most recent phase of the 2004 EIS
process, as well as to elected officials,
local transit agencies, regional agencies,
local media, and potentially interested
community organizations. Comments on
the 2004 EIS or the Environmental
Reevaluation may be submitted no later
than June 28, 2010 to Melissa DuMond
at the address noted above.
The final stage in the environmental
review process under NEPA is the
issuance of a Record of Decision by the
agency describing the agency’s decision
and the basis for it. Under the timelines
included in the CEQ regulation (40 CFR
1506.10), a Record of Decision cannot be
issued by an agency earlier than thirty
days after the EPA publishes its Federal
Register notice notifying the public of
the availability of the final EIS. Any
Record of Decision issued by the FRA
will be consistent with 40 CFR 1505.2
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31835
and section 15 of FRA’s Procedures for
Considering Environmental Impacts.
Accordingly, FRA has adopted and is
recirculating the 2004 EIS and has
issued an Environmental Reevaluation.
Issued in Washington, DC, on May 28,
2010.
Joseph C. Szabo,
Administrator.
[FR Doc. 2010–13398 Filed 6–3–10; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement:
Calvert and St. Mary’s Counties, MD
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of withdrawal.
SUMMARY: The FHWA is issuing this
notice to advise the public that a prior
Notice of Intent to prepare an
Environmental Impact Statement (EIS)
for the proposed roadway widening and
bridge replacement project in Calvert
and St. Mary’s Counties, Maryland
(Federal Register Vol. 72, No. 203; FR
Doc. 07–5190) is being withdrawn and
an Environmental Assessment (EA), in
lieu of an EIS, is being prepared for this
proposed highway project.
FOR FURTHER INFORMATION CONTACT: Ms.
Jeanette Mar, Environmental Program
Manager, Federal Highway
Administration, DelMar Division Office,
City Crescent Building, Suite 2450, 10
South Howard Street, Baltimore,
Maryland 21201; Telephone: (410) 779–
7152, e-mail address:
Jeanette.Mar@dot.gov.
SUPPLEMENTARY INFORMATION: The
Federal Highway Administration
(FHWA), in cooperation with the
Maryland State Highway
Administration (SHA), is advising the
general public that SHA conducted
studies of the potential environmental
impacts associated with the proposed
roadway widening and bridge
replacement of MD 4 from MD 2 to MD
235 in Calvert and St. Mary’s Counties,
a distance of approximately 4.1 miles.
Improvements to the corridor are
necessary to improve existing capacity
and traffic operations, and to increase
vehicular, pedestrian and bicycle safety
along MD 4, while supporting existing
and planned development in the area.
Improvements to the bridge are
necessary due to inadequate shoulder
widths, major traffic delays and/or
closures currently occur along the
Thomas Johnson Memorial Bridge
during crashes and maintenance
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31836
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Notices
activities. In addition, the rate on MD 4
from FDR Boulevard to MD 235, as well
as the rear end collision rate across the
Thomas Johnson Memorial Bridge, is
greater than the statewide average.
Alternatives under consideration
include taking no action and widening
existing MD 4 to a four-lane divided
highway, with various options for
bridge improvements and/or
reconstruction. The EA will be available
for public and agency review and
comment prior to a Public Hearing.
Public notice will be given of the
availability of the EA for review and of
the time and place of this hearing. A
Scoping Meeting was held in May 2007,
and two Open House Workshops were
held in June 2008 to solicit opinions
and ideas on proposed improvements
from local citizens.
To ensure that the full range of issues
related to this proposed action are
addressed and all significant issues
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the determination
that an EA is the proper environmental
document should be directed to FHWA
at the address provided above.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Research,
Planning and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Issued on May 27, 2010.
Jeanette Mar,
Environmental Program Manager.
[FR Doc. 2010–13399 Filed 6–3–10; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Tennessee Division: Notice To Rescind
a Notice of Intent (NOI) to Prepare an
Environmental Impact Statement (EIS):
State Route 91 Improvements in
Elizabethton, Carter County, TN
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Rescind NOI to prepare an EIS.
SUMMARY: The FHWA is issuing this
notice to advise the public that the NOI
published on February 22, 2007, at 72
FR 8054, to prepare an EIS for the State
Route 91 Improvements in Elizabethton,
Carter County, Tennessee, is being
rescinded.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles J. O’Neill, Planning and
Program Management Team leader,
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FHWA–Tennessee Division Office, 404
BNA Drive, Suite 508, Nashville, TN
37217.
The
FHWA, in cooperation with the
Tennessee Department of
Transportation (TDOT) is rescinding the
NOI to prepare an EIS for the State
Route 91 Improvements in Elizabethton,
Carter County, Tennessee.
The proposed project calls for
improving the State Route 91 corridor
from west of State Route 362 to just west
of State Route-37 (U.S. 19E), a distance
of approximately four miles. The
purpose of the project is to improve
traffic flow, travel time, and mobility;
reduce the conflicts between vehicles on
State Route 91; and create an easily
navigable route to area businesses along
State Route 91. Since the NOI to prepare
an EIS was published in the Federal
Register on February 22, 2007, TDOT
has conducted public involvement and
agency coordination, developed a
purpose and need for the project, and
developed preliminary alternatives to be
examined in the EIS. The preliminary
alternatives included No-Build, a
Transportation System Management
(TSM) alternative, build alternatives
that would construct a roadway on new
locations to the north and to the south
of the existing roadway, and an upgrade
to existing State Route 91. Preliminary
screenings identified sensitive
environmental features associated with
new location alternatives that could
result in potentially significant adverse
impacts.
FHWA and TDOT have determined
that a combination of TSM and upgrade
improvements along existing State
Route 91 would meet the need and
purpose of the project and could be
accomplished without potentially
significant adverse impacts to sensitive
environmental features. FHWA and
TDOT will evaluate these improvements
of State Route 91 along the existing
route as a Categorical Exclusion.
Comments and questions concerning
the proposed action should be directed
to FHWA at the address provided above.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
SUPPLEMENTARY INFORMATION:
(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
proposed program.)
Charles J. O’Neill,
Planning and Program Management Team
Leader, Nashville, TN.
[FR Doc. 2010–13428 Filed 6–3–10; 8:45 am]
BILLING CODE 4910–22–P
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Withdrawal of Regulatory Guidance
Concerning the Federal Motor Carrier
Safety Regulations
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; withdrawal of regulatory
guidance.
SUMMARY: FMCSA announces the
withdrawal of a number of items of
regulatory guidance concerning the
Federal Motor Carrier Safety
Regulations (FMCSRs) that are now
obsolete as a result of rules published by
FMCSA and found in 49 CFR part 393,
‘‘Parts and accessories necessary for safe
operation.’’ All prior interpretations and
regulatory guidance concerning the
applicability of the obsolete FMCSRs
that were published in the Federal
Register, as well as memoranda and
letters concerning those regulations,
may no longer be relied upon as
authoritative if they are inconsistent
with the revised and/or amended
regulations.
DATES: Effective Date: This regulatory
guidance is effective on June 4, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah M. Freund, Vehicle and
Roadside Operations Division, Office of
Bus and Truck Standards and
Operations, (202) 366–5370, Federal
Motor Carrier Safety Administration,
1200 New Jersey Ave., SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Motor Carrier Safety Act of 1984
(Pub. L. 98–554, Title II, 98 Stat. 2832,
October 30, 1984) (the 1984 Act)
provides authority to regulate drivers,
motor carriers, and vehicle equipment.
It requires the Secretary of
Transportation (Secretary) to prescribe
regulations on minimum safety
standards for commercial motor vehicle
(CMV) safety. At a minimum, the
regulations shall ensure that: (1) CMVs
are maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of CMVs do not
impair their ability to operate the
vehicles safely; (3) the physical
condition of operators of CMVs is
adequate to enable them to operate the
vehicles safely; and (4) the operation of
CMVs does not have a deleterious effect
on the physical condition of the
operators (49 U.S.C. 31136(a)). Section
211 of the 1984 Act also grants the
Secretary broad power, in carrying out
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Agencies
[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Notices]
[Pages 31835-31836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13399]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement: Calvert and St. Mary's Counties,
MD
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of withdrawal.
-----------------------------------------------------------------------
SUMMARY: The FHWA is issuing this notice to advise the public that a
prior Notice of Intent to prepare an Environmental Impact Statement
(EIS) for the proposed roadway widening and bridge replacement project
in Calvert and St. Mary's Counties, Maryland (Federal Register Vol. 72,
No. 203; FR Doc. 07-5190) is being withdrawn and an Environmental
Assessment (EA), in lieu of an EIS, is being prepared for this proposed
highway project.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Mar, Environmental
Program Manager, Federal Highway Administration, DelMar Division
Office, City Crescent Building, Suite 2450, 10 South Howard Street,
Baltimore, Maryland 21201; Telephone: (410) 779-7152, e-mail address:
Jeanette.Mar@dot.gov.
SUPPLEMENTARY INFORMATION: The Federal Highway Administration (FHWA),
in cooperation with the Maryland State Highway Administration (SHA), is
advising the general public that SHA conducted studies of the potential
environmental impacts associated with the proposed roadway widening and
bridge replacement of MD 4 from MD 2 to MD 235 in Calvert and St.
Mary's Counties, a distance of approximately 4.1 miles.
Improvements to the corridor are necessary to improve existing
capacity and traffic operations, and to increase vehicular, pedestrian
and bicycle safety along MD 4, while supporting existing and planned
development in the area. Improvements to the bridge are necessary due
to inadequate shoulder widths, major traffic delays and/or closures
currently occur along the Thomas Johnson Memorial Bridge during crashes
and maintenance
[[Page 31836]]
activities. In addition, the rate on MD 4 from FDR Boulevard to MD 235,
as well as the rear end collision rate across the Thomas Johnson
Memorial Bridge, is greater than the statewide average.
Alternatives under consideration include taking no action and
widening existing MD 4 to a four-lane divided highway, with various
options for bridge improvements and/or reconstruction. The EA will be
available for public and agency review and comment prior to a Public
Hearing. Public notice will be given of the availability of the EA for
review and of the time and place of this hearing. A Scoping Meeting was
held in May 2007, and two Open House Workshops were held in June 2008
to solicit opinions and ideas on proposed improvements from local
citizens.
To ensure that the full range of issues related to this proposed
action are addressed and all significant issues identified, comments
and suggestions are invited from all interested parties. Comments or
questions concerning this proposed action and the determination that an
EA is the proper environmental document should be directed to FHWA at
the address provided above.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Research, Planning and Construction. The regulations
implementing Executive Order 12372 regarding intergovernmental
consultation on Federal programs and activities apply to this
program.)
Issued on May 27, 2010.
Jeanette Mar,
Environmental Program Manager.
[FR Doc. 2010-13399 Filed 6-3-10; 8:45 am]
BILLING CODE 4910-22-P