Notice of Final Federal Agency Actions on Proposed Highway in Indiana, 72862-72863 [2010-29805]

Download as PDF 72862 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 16, 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 applicants’ representatives: For MCRR, Sandra L. Brown, Thompson Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036; for CMR, Lon Van Gemert, Chief Executive Officer, Central Midland Railway, c/o Progressive Rail Incorporated, 21778 Highview Avenue, Lakeville, MN 55044. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuances on the environment and historic resources. OEA will issue an environmental assessment (EA) by December 3, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA, at (202) 245–0305. Assistance for the hearing impaired is available through the 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), MCRR 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 MCRR’s filing of a notice of consummation by November 26, 2011, 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: November 19, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2010–29712 Filed 11–24–10; 8:45 am] BILLING CODE 4915–01–P VerDate Mar<15>2010 16:32 Nov 24, 2010 Jkt 223001 Daviess and Greene Counties. Notice is hereby given that, subsequent to the Federal Highway Administration earlier FHWA notice, the USACE has taken final agency actions within the Notice of Final Federal Agency Actions meaning of 23 U.S.C. 139(l)(1) by on Proposed Highway in Indiana issuing permits and approvals for the highway project. The actions by the AGENCY: Federal Highway USACE, related final actions by other Administration (FHWA), DOT. Federal agencies, and the laws under ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA which such actions were taken, are described in the USACE decisions and and United States Army Corps of its project records, referenced as Section Engineers (USACE), DoD. 404 Water Quality Permit, Number SUMMARY: This notice announces actions LRL–2010–39-djd. That information is taken by the FHWA and the USACE that available by contacting the USACE at the address provided above. are final within the meaning of 23 As part of the Section 3 project, which U.S.C. 139(l)(1). The actions relate to begins at the terminus of the Section 2 proposed highway projects for a 25.73 project, there are six crossings of water mile segment of I–69 in the Counties of resources requiring individual permits Daviess and Greene, State of Indiana, from the USACE, including streams, and grant licenses, permits, and open water and emergent, scrub-shrub approvals for the project. and forested wetlands. Subject to the DATES: By this notice, the FHWA is permit conditions, INDOT is permitted advising the public of final agency actions subject to 23 U.S.C. 139(l)(1) and to discharge fill material below the are final within the meaning of that law. Ordinary Highway Water mark of 8,925 A claim seeking judicial review of those linear feet of Doan’s Creek and intermittent and ephemeral tributaries Federal agency actions that are covered of Eagan Ditch and Doan’s Creek, and to by this notice will be barred unless the claim is filed on or before May 25, 2011. discharge fill material into 4.64 acres of open water and emergent, scrub-shrub If the Federal law that authorizes and forested wetlands adjacent to First judicial review of a claim provides a Creek and Doan’s Creek in constructing time period of less than 180 days for these crossings. In addition, in two filing such claim, then the shorter time letters dated January 20, 2010 and May period applies. 4, 2010, the USACE has authorized FOR FURTHER INFORMATION CONTACT: For impacts at 32 other sites under their the FHWA: Ms. Michelle Allen, Federal jurisdiction within Section 3 of the I–69 Highway Administration, Indiana project in Daviess and Greene Counties Division, 575 North Pennsylvania via the Regional General Permit No. 1 Street, Room 254, Indianapolis, IN issued jointly by the Louisville and 46204–1576; telephone: (317) 226–7344; Chicago Districts on December 15, 2009. e-mail: Michelle.Allen@dot.gov. The On January 7, 2010, INDOT filed an FHWA Indiana Division Office’s normal application with the USACE for business hours are 7:30 a.m. to 4 p.m., authorization under Section 404 of the e.t. For the USACE: Mr. Greg Mckay, Clean Water Act, 33 U.S.C. 1344, to Chief, North Section Regulatory Branch, construct the 25.73 mile Section 3 I–69 Louisville District, United States Army project. On July 14, 2010, the USACE Corps of Engineers, P.O. Box 59, took final action in issuing the Section Louisville, KY 40201–0059; telephone: 404 Water Quality Permit for the (502) 315–6685; e-mail: Section 3 I–69 project, Number LRL– gregory.a.mckay@usace.army.mil. 2010–39-djd, as described in the USACE Normal business hours are 8 a.m. to 5 decision and its administrative record p.m., e.t. You may also contact Mr. for the project. A Notice of Limitation Thomas Seeman, Project Manager, on Claims for Judicial Review of Actions Indiana Department of Transportation by FHWA, United States Fish and (INDOT), 100 North Senate Avenue, Wildlife Service (USFWS), DOI, and Indianapolis, IN 46204; telephone: (317) USACE was published in the Federal 232–5336; e-mail: Register on August 13, 2010 (75 FR TSeeman@indot.IN.gov. Normal 49547). On September 7, 2010, the business hours for the Indiana USACE suspended the Section 404 Department of Transportation are: 8 a.m. Water Quality Permit, Number LRL– to 4:30 p.m., e.t. 2010–39-djd, after a review of the SUPPLEMENTARY INFORMATION: On August permit file revealed that the procedural 13, 2010, the FHWA published a ‘‘Notice requirements of 33 CFR 327.4, the of Final Federal Agency Actions on USACE regulation regarding public hearing determinations, had not been Proposed Highway in Indiana’’ in the Federal Register at (75 FR 49547) for the followed prior to issuance of the permit. On September 15, 2010, after ensuring Section 3, 25.73 mile I–69 project in DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\26NON1.SGM 26NON1 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices that all necessary procedural requirements had been complied with, the USACE reinstated the Section 404 Water Quality Permit, Number LRL– 2010–39-djd. The actions by the Federal agencies on the project, and the laws under which such actions were taken, are described in the Section 404 Water Quality Permit and Regional General Permit letters, and in other documents in the FHWA administrative record for the project. The ROD and other documents from the FHWA administrative record files for the Section 3 project are available by contacting FHWA, USACE or INDOT at the addresses provided above. Project information may also be available through the INDOT I–69 Project Web site at https://www.i69indyevn.org/. This notice applies to all USACE and other Federal agency final actions taken after the issuance date of the FHWA Federal Register notice described above. The laws under which actions were taken include, but are not limited to: 1. 1. National Environmental Policy Act (NEPA) [42 U.S.C. 4321–4351]. 2. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 3. Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 402, Section 401, Section 319). (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: November 19, 2010. Robert F. Tally Jr., Division Administrator, Indianapolis, Indiana. [FR Doc. 2010–29805 Filed 11–24–10; 8:45 am] BILLING CODE P December 8, 2010. The meeting will be open to the public for its duration. TIME AND DATES: The meeting will be held on Monday and Tuesday, December 6–7, 2010, from 8:30 a.m. to 4 p.m., Eastern Standard Time (E.S.T.), and on Wednesday, December 8, from 8:30 a.m. to 2 p.m., E.S.T. The last hour of each day will be reserved for public comment. MATTERS TO BE CONSIDERED: The MCSAC will complete action on Task 10–02, regarding Fatigue Management Plans for Commercial Motor Vehicle Drivers. Additionally, the MCSAC will commence work on Task 11–01, regarding Patterns of Safety Violations by Motor Carrier Management. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Management Analyst, Strategic Planning and Program Evaluation Division, Office of Policy Plans and Regulation, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 385–2395, mcsac@dot.gov. SUPPLEMENTARY INFORMATION: I. Background MCSAC Section 4144 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59, 119 Stat. 1144, August 10, 2005) required the Secretary of Transportation to establish a Motor Carrier Safety Advisory Committee. The committee provides advice and recommendations to the FMCSA Administrator on motor carrier safety programs and regulations, and operates in accordance with the Federal Advisory Committee Act (5 U.S.C. App 2). Patterns of Safety Violations Task DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee Public Meeting Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of Motor Carrier Safety Advisory Committee Meeting. srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: FMCSA announces that the Agency’s Motor Carrier Safety Advisory Committee (MCSAC) will hold a committee meeting from Monday, December 6 through Wednesday, SUMMARY: VerDate Mar<15>2010 16:32 Nov 24, 2010 Jkt 223001 SAFETEA–LU Section 4133 allows the Secretary to suspend, amend, or revoke any part of a motor carrier’s registration if the Secretary finds that an officer of a motor carrier engages, or has engaged, in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations, while serving as an officer of any motor carrier. The section defines an officer as ‘‘an owner, director, chief executive officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of title attached to these functions, and any person, however designated, exercising PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 72863 controlling influence over the operations of a motor carrier.’’ Following presentations from experts on this issue and the deliberations of the Committee, the MCSAC will submit written recommendations in the form of a report to the FMCSA Administrator on this topic following its March 2011 meeting. II. Meeting Participation Oral comments from the public will be heard during the last hour of each day of this meeting. Members of the public may submit written comments on this topic by Wednesday, December 1, 2010, to Federal Docket Management System (FDMC) Docket Number FMCSA–2006–26367 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Room WI2–140, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room WI2–140, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Issued on: November 22, 2010. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2010–29767 Filed 11–24–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0354] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 46 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard. SUMMARY: Comments must be received on or before December 27, 2010. DATES: E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72862-72863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29805]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Indiana

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and United States Army Corps of Engineers (USACE), DoD.

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SUMMARY: This notice announces actions taken by the FHWA and the USACE 
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions 
relate to proposed highway projects for a 25.73 mile segment of I-69 in 
the Counties of Daviess and Greene, State of Indiana, and 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) and are final within the meaning 
of that law. A claim seeking judicial review of those Federal agency 
actions that are covered by this notice will be barred unless the claim 
is filed on or before May 25, 2011. 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 the shorter time period applies.

FOR FURTHER INFORMATION CONTACT: For the FHWA: Ms. Michelle Allen, 
Federal Highway Administration, Indiana Division, 575 North 
Pennsylvania Street, Room 254, Indianapolis, IN 46204-1576; telephone: 
(317) 226-7344; e-mail: Michelle.Allen@dot.gov. The FHWA Indiana 
Division Office's normal business hours are 7:30 a.m. to 4 p.m., e.t. 
For the USACE: Mr. Greg Mckay, Chief, North Section Regulatory Branch, 
Louisville District, United States Army Corps of Engineers, P.O. Box 
59, Louisville, KY 40201-0059; telephone: (502) 315-6685; e-mail: 
gregory.a.mckay@usace.army.mil. Normal business hours are 8 a.m. to 5 
p.m., e.t. You may also contact Mr. Thomas Seeman, Project Manager, 
Indiana Department of Transportation (INDOT), 100 North Senate Avenue, 
Indianapolis, IN 46204; telephone: (317) 232-5336; e-mail: 
TSeeman@indot.IN.gov. Normal business hours for the Indiana Department 
of Transportation are: 8 a.m. to 4:30 p.m., e.t.

SUPPLEMENTARY INFORMATION: On August 13, 2010, the FHWA published a 
``Notice of Final Federal Agency Actions on Proposed Highway in 
Indiana'' in the Federal Register at (75 FR 49547) for the Section 3, 
25.73 mile I-69 project in Daviess and Greene Counties. Notice is 
hereby given that, subsequent to the earlier FHWA notice, the USACE has 
taken final agency actions within the meaning of 23 U.S.C. 139(l)(1) by 
issuing permits and approvals for the highway project. The actions by 
the USACE, related final actions by other Federal agencies, and the 
laws under which such actions were taken, are described in the USACE 
decisions and its project records, referenced as Section 404 Water 
Quality Permit, Number LRL-2010-39-djd. That information is available 
by contacting the USACE at the address provided above.
    As part of the Section 3 project, which begins at the terminus of 
the Section 2 project, there are six crossings of water resources 
requiring individual permits from the USACE, including streams, open 
water and emergent, scrub-shrub and forested wetlands. Subject to the 
permit conditions, INDOT is permitted to discharge fill material below 
the Ordinary Highway Water mark of 8,925 linear feet of Doan's Creek 
and intermittent and ephemeral tributaries of Eagan Ditch and Doan's 
Creek, and to discharge fill material into 4.64 acres of open water and 
emergent, scrub-shrub and forested wetlands adjacent to First Creek and 
Doan's Creek in constructing these crossings. In addition, in two 
letters dated January 20, 2010 and May 4, 2010, the USACE has 
authorized impacts at 32 other sites under their jurisdiction within 
Section 3 of the I-69 project in Daviess and Greene Counties via the 
Regional General Permit No. 1 issued jointly by the Louisville and 
Chicago Districts on December 15, 2009.
    On January 7, 2010, INDOT filed an application with the USACE for 
authorization under Section 404 of the Clean Water Act, 33 U.S.C. 1344, 
to construct the 25.73 mile Section 3 I-69 project. On July 14, 2010, 
the USACE took final action in issuing the Section 404 Water Quality 
Permit for the Section 3 I-69 project, Number LRL-2010-39-djd, as 
described in the USACE decision and its administrative record for the 
project. A Notice of Limitation on Claims for Judicial Review of 
Actions by FHWA, United States Fish and Wildlife Service (USFWS), DOI, 
and USACE was published in the Federal Register on August 13, 2010 (75 
FR 49547). On September 7, 2010, the USACE suspended the Section 404 
Water Quality Permit, Number LRL-2010-39-djd, after a review of the 
permit file revealed that the procedural requirements of 33 CFR 327.4, 
the USACE regulation regarding public hearing determinations, had not 
been followed prior to issuance of the permit. On September 15, 2010, 
after ensuring

[[Page 72863]]

that all necessary procedural requirements had been complied with, the 
USACE reinstated the Section 404 Water Quality Permit, Number LRL-2010-
39-djd.
    The actions by the Federal agencies on the project, and the laws 
under which such actions were taken, are described in the Section 404 
Water Quality Permit and Regional General Permit letters, and in other 
documents in the FHWA administrative record for the project. The ROD 
and other documents from the FHWA administrative record files for the 
Section 3 project are available by contacting FHWA, USACE or INDOT at 
the addresses provided above. Project information may also be available 
through the INDOT I-69 Project Web site at https://www.i69indyevn.org/.
    This notice applies to all USACE and other Federal agency final 
actions taken after the issuance date of the FHWA Federal Register 
notice described above. The laws under which actions were taken 
include, but are not limited to: 1. 1. National Environmental Policy 
Act (NEPA) [42 U.S.C. 4321-4351]. 2. Federal-Aid Highway Act [23 U.S.C. 
109 and 23 U.S.C. 128]. 3. Clean Water Act, 33 U.S.C. 1251-1377 
(Section 404, Section 402, Section 401, Section 319).

(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: November 19, 2010.
Robert F. Tally Jr.,
Division Administrator, Indianapolis, Indiana.
[FR Doc. 2010-29805 Filed 11-24-10; 8:45 am]
BILLING CODE P

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