Notice of Final Federal Agency Actions on Proposed Highway in Washington, 43611-43612 [2010-18178]
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Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Notices
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35141]
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U S Rail Corporation—Construction
and Operation Exemption—
Brookhaven Rail Terminal
On August 7, 2008, U S Rail
Corporation (U S Rail), an existing class
III short line common carrier in Toledo,
OH, filed a petition for exemption with
the Surface Transportation Board
(Board) under 49 U.S.C. 10502 seeking
authority to construct and operate
approximately 18,000 feet (3.4 miles) of
new rail line at a 28-acre site (the
Brookhaven Rail Terminal or BRT)
located in the Town of Brookhaven,
Suffolk County, NY. In addition to the
construction and operation of the
approximately 18,000 feet of rail line,
U S Rail also proposes to construct
various facilities on the BRT site. These
facilities include a rail switch (which
would allow the new rail line to connect
with the existing Long Island Rail Road
(LIRR mainline), 200 feet of lead track,
and crushed stone aggregate (aggregate)
handling and storage facilities
consisting of an aggregate storage area,
an intermodal freight storage area, and
a transload area with truck scales.
The proposed rail line would allow
U S Rail to provide an efficient means
for delivering aggregate via rail from
sources in upper New York State to its
primary customer, the Sills Group,
located on Long Island, NY. If approved,
the project would reduce the Sills
Group’s reliance on truck transport of
aggregate through the New York City
metropolitan region and allow Sills
Group to deliver up to 500,000 tons of
aggregate annually for use in road and
building construction on Long Island.
The Sills Group would use 250,000 tons
of the aggregate for its construction
facilities on Long Island (the Scatt
Materials plant and the Empire Asphalt
plant) and would make the remaining
250,000 tons of aggregate available to
currently unidentified customers.
Rail operations would consist of an
average of six trains per week; three
inbound trains, each consisting of
approximately 40 to 50 railcars of
aggregate delivered to the BRT, and
three outbound trains per week
consisting of 40 to 50 empty railcars.
New York & Atlantic Railway would
deliver the aggregate to the BRT over the
LIRR, which would hand the rail cars to
U S Rail for rail movements on the BRT
site.
SEA is seeking public review and
comment during a 15-day comment
period, which is shorter than the time
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16:04 Jul 23, 2010
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SEA usually affords for review and
comment of its Environmental
Assessments. SEA believes that 15 days
for review and comment is appropriate
here because the Town of Brookhaven’s
Division of Environmental Protection
has already conducted an
environmental review of the BRT site,
the site is an industrial area and is
already highly disturbed, and the Town
of Brookhaven and U S Rail have
entered into a Stipulation of Settlement
regarding this proposal. Please send
comments on this Draft EA postmarked
no later than August 10, 2010 to: Troy
Brady, Environmental Protection
Specialist, Surface Transportation
Board, Section of Environmental
Analysis, Suite 1100, 395 E Street, SW.,
Washington, DC 20423–0001, Attn:
Docket No. 35141.
Comments may be file electronically
on the Board’s website, https://
www.stb.dot.gov by clicking on the
‘‘E-Filing’’ link. Please refer to Finance
Docket No. 35141 in correspondence,
including e-filing, addressed to the
Board. If you have questions regarding
this Draft EA, please contact Troy Brady
by phone at (202) 245–0301, by fax at
(202) 245–0454, or by e-mail at
troy.brady@stb.dot.gov.
43611
intersection, constructing new travel
lanes, constructing a median with a
median treatment, constructing
pedestrian and bicycle facilities,
replacing four culverts, removing and
placing fill, removing vegetation, and
providing stormwater treatment for both
new impervious surfaces and some
existing surfaces. The project also
includes extensive mitigation and
restoration actions which are
compatible with land use plans.
DATES: By this notice, 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
within 180 days of publication of this
Federal Register notice. 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:
Yamilee Volcy, Area Engineer, Federal
Highway Administration, 711 S. Capitol
Way, Suite 501, Olympia, WA 98501;
telephone: (360) 753–9552; and e-mail:
Yamilee.Volcy@dot.gov. The FHWA
Washington Division’s Area Engineer’s
regular office hours are between 6 a.m.
and 4 p.m. (Pacific Time). You may also
Decided: July 21, 2010.
contact Barbara Aberle, Project
By the Board, Victoria Rutson, Chief,
Environmental Manager, WSDOT
Section of Environmental Analysis.
Southwest Region Office, 11018 NE 51st
Jeffrey Herzig,
Circle, Vancouver, WA 98682;
Clearance Clerk.
telephone: (360) 905–2186; and e-mail:
[FR Doc. 2010–18243 Filed 7–23–10; 8:45 am]
AberleB@wa.wsdot.gov. The WSDOT
BILLING CODE 4915–01–P
Southwest Region Office regular office
hours are between 8 a.m. and 5 p.m.
DEPARTMENT OF TRANSPORTATION (Pacific Time).
SUPPLEMENTARY INFORMATION: Notice is
Federal Highway Administration
hereby given that FHWA has taken final
agency actions by issuing approval for
Notice of Final Federal Agency Actions the following highway project: SR 502
on Proposed Highway in Washington
Corridor Widening Project. The purpose
of the project is to improve safety and
AGENCY: Federal Highway
mobility along the SR 502 corridor
Administration (FHWA), DOT.
between NE 15th Avenue and NE 102nd
ACTION: Notice of limitation on claims
for judicial review of actions by FHWA. Avenue, and to improve regional
connectivity between Battle Ground,
SUMMARY: This notice announces actions north Clark County, and Interstate 5 (I–
taken by FHWA that are final within the 5). The project is located in Clark
County, Washington. The actions by
meaning of 23 U.S.C. 139(l)(1). The
FHWA on this project, and the laws
actions relate to a proposed highway
under which such actions were taken,
project, the SR 502 Corridor Widening
are described in the March 2010 Final
Project, in the State of Washington.
Environmental Impact Statement (EIS),
Those actions grant approval for the
June 2010 Record of Decision (ROD),
project. The project will widen the
existing two-lane roadway to four travel and in other documents in the FHWA
administrative record for the project.
lanes with a median for a 5-mile
The EIS, ROD, and other documents in
segment of SR 502 between NE 15th
the FHWA administrative record are
Avenue and NE 102nd Avenue in Clark
available by contacting FHWA or the
County, Washington. Specific actions
Washington State Department of
include acquiring additional right-ofTransportation at the addresses
way, signalizing three intersections,
provided above. The EIS and ROD can
upgrading one existing signalized
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jlentini on DSKJ8SOYB1PROD with NOTICES
43612
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Notices
be viewed and downloaded from the
project Web site at https://
www.wsdot.wa.gov/Projects/SR502/
Widening. Copies are also available for
review at the following locations:
FHWA, WSDOT Southwest Region
Office, Battle Ground Community
Library, Fort Vancouver Regional
Library, Ridgefield Community Library,
Washington State University Vancouver
Library, Woodland Community Library,
Clark College Library—Cannell Library,
Washington State Library, Battle Ground
Chamber of Commerce, and Greater
Vancouver Chamber of Commerce. This
notice applies to all Federal agency
decisions on the project 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 (42 U.S.C. 4321- 43471);
Federal-Aid Highway Act (23 U.S.C.
109).
2. Air: Clean Air Act, as amended (42
U.S.C. 7401–7671(q)).
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 (49 U.S.C. 303); Farmland
Protection Policy Act (7 U.S.C. 4201–
4209).
4. Wildlife: Endangered Species Act
(16 U.S.C. 1531–1544); Anadromous
Fish Conservation Act (16 U.S.C.
757(a)–757(g)); Fish and Wildlife
Coordination Act (16 U.S.C. 661–
667(d)); Magnuson-Stevenson Fishery
Conservation and Management Act of
1976, as amended (16 U.S.C. 1801 et
seq.]); Migratory Bird Treaty Act (16
U.S.C. 703–712).
5. 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
Resources Protection Act of 1977 (16
U.S.C. 470(aa)–11); Archaeological and
Historic Preservation Act (16 U.S.C.
469–469(c)); Native American Grave
Protection and Repatriation Act (25
U.S.C. 3001–3013).
6. 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); the
Uniform Relocation Assistance and Real
Property Acquisition Policies Act of
1970, as amended (42 U.S.C. 61).
7. Wetlands and Water Resources:
Clean Water Act, 33 U.S.C. 1251–1377
(section 404, section 401, section 319);
Land and Water Conservation Fund (16
U.S.C. 4601–4604); Safe Drinking Water
Act (42 U.S.C. 300(f)–300(j)(6)); 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).
8. Hazardous Materials:
Comprehensive Environmental
VerDate Mar<15>2010
16:04 Jul 23, 2010
Jkt 220001
Response, Compensation, and Liability
Act (42 U.S.C. 9601–9675); Superfund
Amendments and Reauthorization Act
of 1986 (Pub. L. 99–499); 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
Populations; E.O. 11593 Protection and
Enhancement of Cultural Resources;
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; E.O. 13112
Invasive Species.
Final actions taken under: NEPA
Final EIS issuance and Record of
Decision by FHWA; Biological Opinion
issued by the United States Department
of Commerce National Oceanic and
Atmospheric Administration—National
Marine Fisheries Service on January 14,
2010.
FHWA NEPA documents: Final EIS
(March 2010) published April 2, 2010
and Record of Decision issued June 24,
2010. These documents are available for
viewing on the WSDOT Web site, at the
agency offices, or at the libraries and
chambers of commerce listed above.
(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: July 20, 2010.
Daniel M. Mathis,
Division Administrator, Olympia,
Washington.
[FR Doc. 2010–18178 Filed 7–23–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2010–0042]
Pipeline Safety: Request for Special
Permit
Pipeline and Hazardous
Materials Safety Administration
(PHMSA); DOT.
ACTION: Notice.
AGENCY:
Pursuant to the Federal
Pipeline Safety Laws, PHMSA is
publishing this notice of a special
SUMMARY:
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Frm 00128
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permit request we have received from
Dominion Transmission, Inc., a natural
gas pipeline operator, seeking relief
from compliance with certain
requirements in the Federal Pipeline
Safety Regulations. This notice seeks
public comments on this request,
including comments on any safety or
environmental impacts. At the
conclusion of the 30-day comment
period, PHMSA will evaluate the
request and determine whether to grant
or deny a special permit.
DATES: Submit any comments regarding
this special permit request by August
25, 2010.
ADDRESSES: Comments should reference
the docket number for this specific
special permit request and may be
submitted in the following ways:
• E-Gov Web Site: https://
www.Regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
• Fax: 1–202–493–2251.
• Mail: Docket Management System:
U.S. Department of Transportation
(DOT), Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: DOT Docket
Management System: U.S. Department
of Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: You should identify the
docket number for the special permit
request you are commenting on at the
beginning of your comments. If you
submit your comments by mail, please
submit two copies. To receive
confirmation that PHMSA has received
your comments, please include a selfaddressed stamped postcard. Internet
users may submit comments at https://
www.Regulations.gov.
Note: Comments are posted without
changes or edits to https://
www.Regulations.gov, including any
personal information provided. There is a
privacy statement published on https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
General: Dana Register by telephone at
202–366–0490; or, e-mail at
dana.register@dot.gov.
Technical: Joshua Johnson by
telephone at 816–329–3825; or, e-mail at
joshua.johnson@dot.gov.
SUPPLEMENTARY INFORMATION: PHMSA
has received this request for a special
permit from Dominion Transmission
Inc., seeking relief from compliance
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Agencies
[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Notices]
[Pages 43611-43612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18178]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
Washington
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitation on claims for judicial review of actions
by FHWA.
-----------------------------------------------------------------------
SUMMARY: This notice announces actions taken by FHWA that are final
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a
proposed highway project, the SR 502 Corridor Widening Project, in the
State of Washington. Those actions grant approval for the project. The
project will widen the existing two-lane roadway to four travel lanes
with a median for a 5-mile segment of SR 502 between NE 15th Avenue and
NE 102nd Avenue in Clark County, Washington. Specific actions include
acquiring additional right-of-way, signalizing three intersections,
upgrading one existing signalized intersection, constructing new travel
lanes, constructing a median with a median treatment, constructing
pedestrian and bicycle facilities, replacing four culverts, removing
and placing fill, removing vegetation, and providing stormwater
treatment for both new impervious surfaces and some existing surfaces.
The project also includes extensive mitigation and restoration actions
which are compatible with land use plans.
DATES: By this notice, 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 within 180 days of publication of this
Federal Register notice. 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: Yamilee Volcy, Area Engineer, Federal
Highway Administration, 711 S. Capitol Way, Suite 501, Olympia, WA
98501; telephone: (360) 753-9552; and e-mail: Yamilee.Volcy@dot.gov.
The FHWA Washington Division's Area Engineer's regular office hours are
between 6 a.m. and 4 p.m. (Pacific Time). You may also contact Barbara
Aberle, Project Environmental Manager, WSDOT Southwest Region Office,
11018 NE 51st Circle, Vancouver, WA 98682; telephone: (360) 905-2186;
and e-mail: AberleB@wa.wsdot.gov. The WSDOT Southwest Region Office
regular office hours are between 8 a.m. and 5 p.m. (Pacific Time).
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken
final agency actions by issuing approval for the following highway
project: SR 502 Corridor Widening Project. The purpose of the project
is to improve safety and mobility along the SR 502 corridor between NE
15th Avenue and NE 102nd Avenue, and to improve regional connectivity
between Battle Ground, north Clark County, and Interstate 5 (I-5). The
project is located in Clark County, Washington. The actions by FHWA on
this project, and the laws under which such actions were taken, are
described in the March 2010 Final Environmental Impact Statement (EIS),
June 2010 Record of Decision (ROD), and in other documents in the FHWA
administrative record for the project. The EIS, ROD, and other
documents in the FHWA administrative record are available by contacting
FHWA or the Washington State Department of Transportation at the
addresses provided above. The EIS and ROD can
[[Page 43612]]
be viewed and downloaded from the project Web site at https://www.wsdot.wa.gov/Projects/SR502/Widening. Copies are also available for
review at the following locations: FHWA, WSDOT Southwest Region Office,
Battle Ground Community Library, Fort Vancouver Regional Library,
Ridgefield Community Library, Washington State University Vancouver
Library, Woodland Community Library, Clark College Library--Cannell
Library, Washington State Library, Battle Ground Chamber of Commerce,
and Greater Vancouver Chamber of Commerce. This notice applies to all
Federal agency decisions on the project 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 (42 U.S.C. 4321-
43471); Federal-Aid Highway Act (23 U.S.C. 109).
2. Air: Clean Air Act, as amended (42 U.S.C. 7401-7671(q)).
3. Land: Section 4(f) of the Department of Transportation Act of
1966 (49 U.S.C. 303); Farmland Protection Policy Act (7 U.S.C. 4201-
4209).
4. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544);
Anadromous Fish Conservation Act (16 U.S.C. 757(a)-757(g)); Fish and
Wildlife Coordination Act (16 U.S.C. 661-667(d)); Magnuson-Stevenson
Fishery Conservation and Management Act of 1976, as amended (16 U.S.C.
1801 et seq.]); Migratory Bird Treaty Act (16 U.S.C. 703-712).
5. 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 Resources Protection Act of 1977 (16 U.S.C.
470(aa)-11); Archaeological and Historic Preservation Act (16 U.S.C.
469-469(c)); Native American Grave Protection and Repatriation Act (25
U.S.C. 3001-3013).
6. 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); the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (42 U.S.C. 61).
7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (section 404, section 401, section 319); Land and Water
Conservation Fund (16 U.S.C. 4601-4604); Safe Drinking Water Act (42
U.S.C. 300(f)-300(j)(6)); 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).
8. Hazardous Materials: Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601-9675); Superfund
Amendments and Reauthorization Act of 1986 (Pub. L. 99-499); 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
Populations; E.O. 11593 Protection and Enhancement of Cultural
Resources; 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; E.O. 13112 Invasive Species.
Final actions taken under: NEPA Final EIS issuance and Record of
Decision by FHWA; Biological Opinion issued by the United States
Department of Commerce National Oceanic and Atmospheric
Administration--National Marine Fisheries Service on January 14, 2010.
FHWA NEPA documents: Final EIS (March 2010) published April 2, 2010
and Record of Decision issued June 24, 2010. These documents are
available for viewing on the WSDOT Web site, at the agency offices, or
at the libraries and chambers of commerce listed above.
(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: July 20, 2010.
Daniel M. Mathis,
Division Administrator, Olympia, Washington.
[FR Doc. 2010-18178 Filed 7-23-10; 8:45 am]
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