Notice of Final Federal Agency Actions on Proposed Highway in Washington, 46890-46891 [2011-19558]
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srobinson on DSK4SPTVN1PROD with NOTICES
46890
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
such actions were taken, are described
in the Environmental Assessment (EA)
and Finding of No Significant Impact
(FONSI) issued for the project, approved
on July 11, 2011 and in other documents
in the FHWA project files or the State
of Alaska Department of Transportation
& Public Facilities. The EA, FONSI, and
other documents from the FHWA
project records files are available by
contacting the FHWA or the State of
Alaska Department of Transportation &
Public Facilities at the addresses
provided above.
This notice applies to all FHWA
decisions and approvals on the project
as of the issuance date of this notice and
all laws and Executive Orders 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. Land: Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and
Scenic Enhancement (Wildflowers), 23
U.S.C. 319.
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
1536], Marine Mammal Protection Act
[16 U.S.C. 1361], Fish and Wildlife
Coordination Act [16 U.S.C. 661–
667(d)], 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.]; 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].
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]; Farmland
Protection Policy Act (FPPA) [7 U.S.C.
4201–4209].
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
(LWCF), 16 U.S.C. 4601–4604; Safe
Drinking Water Act (SDWA), 42 U.S.C.
300(f)–300(j)(6); Rivers and Harbors Act
of 1899, 33 U.S.C. 401–406; Wild and
Scenic Rivers Act, 16 U.S.C. 1271–1287;
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.
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16:24 Aug 02, 2011
Jkt 223001
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. 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.
Pete
Jilek, Urban Area Engineer, Federal
Highway Administration, 711 S. Capitol
Way #501, Olympia, Washington,
98501; telephone: (360) 753–9550; and
e-mail: pete.jilek@.dot.gov. The FHWA
Washington Division Urban Area
Engineer’s regular office hours are
between 6 a.m. and 3:30 p.m. (Pacific
Time). You may also contact William
Jordan, I–405 Environmental Manager,
Washington State Department of
Transportation, 600–108th Avenue NE.,
Suite 405, Bellevue, Washington, 98004;
telephone: (425) 457–0642; and e-mail:
william.jordan@i405.wsdot.wa.gov. The
(Catalog of Federal Domestic Assistance
I–405 Corridor Program’s regular office
Program Number 20.205, Highway Planning
hours are between 8 a.m. and 5 p.m.
and Construction. The regulations
(Pacific Time).
implementing Executive Order 12372
regarding intergovernmental consultation on
SUPPLEMENTARY INFORMATION: Notice is
Federal programs and activities apply to this
hereby given that FHWA and other
program.)
Federal agencies have taken final agency
actions by issuing licenses, permits, and
Authority: 23 U.S.C. 139(l)(1).
approvals for the following highway
Issued on: July 25, 2011.
project in the State of Washington: I–
David C. Miller,
405, Bellevue to Lynnwood
Division Administrator, Juneau, Alaska.
Improvement Project. The Project begins
[FR Doc. 2011–19641 Filed 8–2–11; 8:45 am]
on I–405 at NE. 6th Street in Bellevue
BILLING CODE 4910–RY–P
(milepost [MP] 13.5) at the southern
limit, and extends approximately 17
miles to I–5 in Lynnwood (MP 30.0) at
DEPARTMENT OF TRANSPORTATION the northern limit.
This Project complements the I–405,
Federal Highway Administration
SR 520 to SR 522—Kirkland Nickel
Notice of Final Federal Agency Actions Project, the NE. 195th Street to SR 527
Auxiliary Lane Project (opened in 2010);
on Proposed Highway in Washington
and the NE. 8th Street to SR 520 Braided
Ramps Project (scheduled to open in
AGENCY: Federal Highway
2012). The Bellevue to Lynnwood
Administration (FHWA), DOT.
Improvement Project description
ACTION: Notice of limitation on claims
assumes full completion of the Kirkland
for judicial review of actions by FHWA
Nickel Project, the first stage of which
and other Federal agencies.
was opened to traffic in late 2007. The
SUMMARY: This notice announces actions Bellevue to Lynnwood Improvement
Project will provide:
taken by FHWA and other Federal
• One additional northbound lane
agencies that are final within the
between NE. 124th Street and SR 522;
meaning of 23 U.S.C. 139(l)(1). The
• Braided ramps between the I–405
actions relate to the I–405, Bellevue to
northbound on-ramp from NE. 160th
Lynnwood Improvement Project,
Street and the northbound I–405 offlocated in the cities of Bellevue;
ramp to SR 522;
Kirkland, Bothell, Lynnwood, and the
• Southbound transit shoulders
counties of King and Snohomish along
between SR 522 and NE. 160th Street
Interstate (I)–405 in the State of
and between SR 527 and NE. 195th
Washington. These actions grant
Street;
licenses, permits, and approvals for the
• New northbound and southbound
project.
structures over NE. 132nd Street and a
DATES: By this notice, FHWA is advising new northbound structure over the
the public of final agency actions
railroad for the I–405 northbound offsubject to 23 U.S.C. 139(1). A claim
ramp to NE. 124th Street;
seeking judicial review of the Federal
• Small amounts of additional
agency actions on the listed highway
widening, between four and eight feet,
project will be barred unless the claim
at several locations for buffers, wider
is filed on or before January 30, 2012.
shoulders, tolling equipment,
If the Federal law that authorizes
Washington State Patrol enforcement
judicial review of a claim provides a
areas, and WSDOT maintenance pulltime period of less than 180 days for
outs; and
• Minor upgrades to pedestrian
filing such claim, then that shorter time
facilities in some interchange areas.
period still applies.
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Frm 00170
Fmt 4703
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FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\03AUN1.SGM
03AUN1
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
WSDOT will also implement an
express toll lane system. The system
will provide two express toll lanes in
each direction between NE. 6th Street
and SR 522 and one express toll lane in
each direction between SR 522 and I–5.
These actions by the Federal agencies,
and the laws under which such actions
were taken, are described in the May
2011 Environmental Assessment (EA)
and in the July 20, 2011, Finding of No
Significant Impact (FONSI), and in other
documents in the FHWA administrative
record. The EA, FONSI and other
documents in the FHWA administrative
record are available by contacting
FHWA or WSDOT at the addresses
provided above. The EA can be viewed
and downloaded from the project Web
site at https://www.wsdot.wa.gov/
projects/i405 or viewed at public
libraries in the project area.
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. 4321–4351];
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]; Landscaping and
Scenic Enhancement (Wildflowers) [23
U.S.C. 319].
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.].
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]; Farmland
Protection Policy Act [7 U.S.C. 4201–
4209]; 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);
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
Coastal Zone Management Act [16
U.S.C. 1451–1465]; Land and Water
Conservation Fund [16 U.S.C. 4601–
4604]; Safe Drinking Water Act [42
U.S.C. 300(f)–300(j)(6)]; Rivers and
Harbors Act of 1899 [33 U.S.C. 401–
406]; 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 [PL 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.
(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 27, 2011.
Peter A. Jilek,
Urban Area Engineer, Olympia, Washington.
[FR Doc. 2011–19558 Filed 8–2–11; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
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Frm 00171
Fmt 4703
Sfmt 4703
46891
West Texas & Lubbock Railway
[Waiver Petition Docket Number FRA–2011–
0019]
The West Texas & Lubbock Railway
(WTLC) seeks a waiver of compliance
from certain provisions of the Safety
Glazing Standards, specifically 49 CFR
Section 223.13, Requirements for
existing cabooses. WTLC has petitioned
for one caboose, built in 1960 for the
Great Northern Railroad, as their X–40.
There have been no accidents and/or
incidents attributed directly or
indirectly to window glazing failures in
this equipment while under current
ownership. WTLC states that Caboose
WTLC X–40 is operated as a shove
platform on freight and excursion
passenger trains where a run-around
track is unavailable. This improves
safety, as it eliminates the need for
railroad employees to ride the side of
freight equipment on long shoving or
backup movements. Specifically, this
car operates on WTLC’s 106.64 miles of
track from Lubbock to Seagraves and to
Whiteface, TX.
WTLC also states that the caboose will
not be interchanged with any other
railroad, and will be operated at a speed
limit of 25 mph for freight and 30 mph
for excursion passenger trains. It
typically operates no more than 40
miles in a day. WTLC has issued a
Special Notice informing all personnel
of the 49 CFR 215.13 condition of this
caboose.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2011–
0019) and may be submitted by any of
the following methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
E:\FR\FM\03AUN1.SGM
03AUN1
Agencies
[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46890-46891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19558]
-----------------------------------------------------------------------
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 and other Federal agencies.
-----------------------------------------------------------------------
SUMMARY: This notice announces actions taken by FHWA and other Federal
agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The
actions relate to the I-405, Bellevue to Lynnwood Improvement Project,
located in the cities of Bellevue; Kirkland, Bothell, Lynnwood, and the
counties of King and Snohomish along Interstate (I)-405 in the State of
Washington. These actions grant licenses, permits, and approvals for
the project.
DATES: By this notice, FHWA is advising the public of final agency
actions subject to 23 U.S.C. 139(1). A claim seeking judicial review of
the Federal agency actions on the listed highway project will be barred
unless the claim is filed on or before January 30, 2012. 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: Pete Jilek, Urban Area Engineer,
Federal Highway Administration, 711 S. Capitol Way 501,
Olympia, Washington, 98501; telephone: (360) 753-9550; and e-mail:
pete.jilek@.dot.gov. The FHWA Washington Division Urban Area Engineer's
regular office hours are between 6 a.m. and 3:30 p.m. (Pacific Time).
You may also contact William Jordan, I-405 Environmental Manager,
Washington State Department of Transportation, 600-108th Avenue NE.,
Suite 405, Bellevue, Washington, 98004; telephone: (425) 457-0642; and
e-mail: william.jordan@i405.wsdot.wa.gov. The I-405 Corridor Program's
regular office hours are between 8 a.m. and 5 p.m. (Pacific Time).
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other
Federal agencies have taken final agency actions by issuing licenses,
permits, and approvals for the following highway project in the State
of Washington: I-405, Bellevue to Lynnwood Improvement Project. The
Project begins on I-405 at NE. 6th Street in Bellevue (milepost [MP]
13.5) at the southern limit, and extends approximately 17 miles to I-5
in Lynnwood (MP 30.0) at the northern limit.
This Project complements the I-405, SR 520 to SR 522--Kirkland
Nickel Project, the NE. 195th Street to SR 527 Auxiliary Lane Project
(opened in 2010); and the NE. 8th Street to SR 520 Braided Ramps
Project (scheduled to open in 2012). The Bellevue to Lynnwood
Improvement Project description assumes full completion of the Kirkland
Nickel Project, the first stage of which was opened to traffic in late
2007. The Bellevue to Lynnwood Improvement Project will provide:
One additional northbound lane between NE. 124th Street
and SR 522;
Braided ramps between the I-405 northbound on-ramp from
NE. 160th Street and the northbound I-405 off-ramp to SR 522;
Southbound transit shoulders between SR 522 and NE. 160th
Street and between SR 527 and NE. 195th Street;
New northbound and southbound structures over NE. 132nd
Street and a new northbound structure over the railroad for the I-405
northbound off-ramp to NE. 124th Street;
Small amounts of additional widening, between four and
eight feet, at several locations for buffers, wider shoulders, tolling
equipment, Washington State Patrol enforcement areas, and WSDOT
maintenance pull-outs; and
Minor upgrades to pedestrian facilities in some
interchange areas.
[[Page 46891]]
WSDOT will also implement an express toll lane system. The system
will provide two express toll lanes in each direction between NE. 6th
Street and SR 522 and one express toll lane in each direction between
SR 522 and I-5.
These actions by the Federal agencies, and the laws under which
such actions were taken, are described in the May 2011 Environmental
Assessment (EA) and in the July 20, 2011, Finding of No Significant
Impact (FONSI), and in other documents in the FHWA administrative
record. The EA, FONSI and other documents in the FHWA administrative
record are available by contacting FHWA or WSDOT at the addresses
provided above. The EA can be viewed and downloaded from the project
Web site at https://www.wsdot.wa.gov/projects/i405 or viewed at public
libraries in the project area.
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-
4351]; 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]; Landscaping and Scenic Enhancement (Wildflowers)
[23 U.S.C. 319].
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.].
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]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; 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); Coastal Zone Management
Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund [16 U.S.C.
4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)];
Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; 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 [PL 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.
(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 27, 2011.
Peter A. Jilek,
Urban Area Engineer, Olympia, Washington.
[FR Doc. 2011-19558 Filed 8-2-11; 8:45 am]
BILLING CODE 4910-22-P