Notice of Limitation on Claims Against Proposed Public Transportation Project, 55470-55471 [2011-22797]

Download as PDF 55470 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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(e) and 31315. emcdonald on DSK5VPTVN1PROD with NOTICES Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 13 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (70 FR 17504; 70 FR 30997; 72 FR 27624; 72 FR 39879; 72 FR 46261; 72 FR 52419; 72 FR 54972; 74 FR 18437; 74 FR 41971; 74 FR 43223). Each of these 13 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by October 7, 2011. VerDate Mar<15>2010 17:37 Sep 06, 2011 Jkt 223001 FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and if needed, evaluating, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 13 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: August 29, 2011. Larry W. Minor, Associate Administrator Office of Policy. [FR Doc. 2011–22756 Filed 9–6–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Notice of Limitation on Claims Against Proposed Public Transportation Project Federal Transit Administration (FTA), DOT. ACTION: Notice. AGENCY: This notice announces a final environmental action taken by the Federal Transit Administration (FTA) for the following project: Woodward Avenue Light Rail Transit Project, City of Detroit, Detroit, MI. The purpose of this notice is to announce publicly the environmental decision by FTA on the subject project and to activate the limitation on any claims that may SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 challenge this final environmental action. DATES: By this notice, FTA is advising the public of final agency action subject to Section 139(l) of Title 23, United States Code (U.S.C.). A claim seeking judicial review of the FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before March 5, 2012. FOR FURTHER INFORMATION CONTACT: Carl Bausch, Director, Office of Human and Natural Environment, (202) 366–1626, or Christopher Van Wyk, AttorneyAdvisor, Office of Chief Counsel, (202) 366–1733. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9 a.m. to 5:30 p.m., E.S.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken final agency action by issuing certain approvals for the public transportation project listed below. The action on this project, as well as the laws under which such action was taken, are described in the documentation issued in connection with the project to comply with the National Environmental Policy Act (NEPA) and in other documents in the FTA administrative record for the project. Interested parties may contact either the project sponsor or the relevant FTA Regional Office for more information on the project. Contact information for FTA’s Regional Offices may be found at https://www.fta.dot.gov. This notice applies to all FTA decisions on the listed project as of the issuance date of this notice and all laws under which such actions were taken, including, but not limited to, NEPA [42 U.S.C. 4321–4375], Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401–7671q]. This notice does not, however, alter or extend the limitation period of 180 days for challenges of project decisions subject to previous notices published in the Federal Register. The project and action that are the subject of this notice are: Project name and location: Woodward Avenue Light Rail Transit Project, City of Detroit, Detroit, MI. Project sponsor: City of Detroit. Project description: The project consists of a 9.3-mile Light Rail Transit line along Woodward Avenue from the Central Business District in downtown Detroit to the Michigan State Fairgrounds at 8 Mile Road. The project includes a total of 19 stations. Ancillary facilities include eight traction power sub- E:\FR\FM\07SEN1.SGM 07SEN1 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices stations, one park and ride lot, one possible temporary vehicle storage and maintenance facility, and one permanent vehicle storage and maintenance facility. The project is mostly within the cities of Detroit and Highland Park. Final agency actions: Section 106 Memorandum of Agreement dated June 2011; no use of Section 4(f) resources; project-level air quality conformity; Record of Decision, dated August 2011. Supporting documentation: Final Environmental Impact Statement, dated June 2011. Issued on: August 31, 2011 Elizabeth Day, Acting Deputy Associate Administrator for Planning and Environment, Washington, DC. [FR Doc. 2011–22797 Filed 9–6–11; 8:45 am] BILLING CODE 4910–17–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1086X; Docket No. AB 227 (Sub-No. 12X)] Pittsburgh & West Virginia Railroad— Abandonment Exemption—in Allegheny County, PA; Wheeling & Lake Erie Railway Company— Discontinuance of Service Exemption—in Allegheny County, PA Pittsburgh & West Virginia Railroad (PWV) and Wheeling & Lake Erie Railway Company (WLE) (collectively, applicants), have jointly filed a verified notice of exemption under 49 CFR pt. 1152 subpart F—Exempt Abandonments and Discontinuances of Service for PWV to abandon, and for WLE to discontinue its sublease rights over, approximately 1.82 miles of railroad (the West End Branch) between milepost .58, near Green Tree, and milepost 2.4, near McKees Rocks, in Allegheny County, Pa. The line traverses United States Postal Service Zip Code 15220. Currently, PWV leases the line to Norfolk Southern Railway Company (NSR), which in turn subleases the line to WLE, which operates it.1 emcdonald on DSK5VPTVN1PROD with NOTICES 1 Citing Wheeling Acquisition Corp.—Acquisition & Operation Exemption—Lines of Norfolk & Western Railway, FD 31591 et al. (ICC served Dec. 28, 1990), applicants assert that it is not necessary VerDate Mar<15>2010 17:37 Sep 06, 2011 Jkt 223001 Applicants have certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic that needs to be rerouted; and (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 Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period. Applicants have further certified that the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 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 Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 October 7, 2011, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by September 19, 2011. Petitions to reopen or requests for public use conditions under 49 CFR for NSR, as the current lessee of the line from PWV, to seek discontinuance authority as it is no longer a common carrier on the line. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00127 Fmt 4703 Sfmt 9990 55471 1152.28 must be filed by September 27, 2011, 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’ representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 N. Wacker Dr., Suite 920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. PWV has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by September 12, 2011. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, 395 E Street, SW., 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), PWV 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 PWV’s filing of a notice of consummation by September 7, 2012, 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: September 1, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2011–22840 Filed 9–6–11; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55470-55471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22797]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Notice of Limitation on Claims Against Proposed Public 
Transportation Project

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: This notice announces a final environmental action taken by 
the Federal Transit Administration (FTA) for the following project: 
Woodward Avenue Light Rail Transit Project, City of Detroit, Detroit, 
MI. The purpose of this notice is to announce publicly the 
environmental decision by FTA on the subject project and to activate 
the limitation on any claims that may challenge this final 
environmental action.

DATES: By this notice, FTA is advising the public of final agency 
action subject to Section 139(l) of Title 23, United States Code 
(U.S.C.). A claim seeking judicial review of the FTA actions announced 
herein for the listed public transportation project will be barred 
unless the claim is filed on or before March 5, 2012.

FOR FURTHER INFORMATION CONTACT: Carl Bausch, Director, Office of Human 
and Natural Environment, (202) 366-1626, or Christopher Van Wyk, 
Attorney-Advisor, Office of Chief Counsel, (202) 366-1733. FTA is 
located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office 
hours are from 9 a.m. to 5:30 p.m., E.S.T., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken 
final agency action by issuing certain approvals for the public 
transportation project listed below. The action on this project, as 
well as the laws under which such action was taken, are described in 
the documentation issued in connection with the project to comply with 
the National Environmental Policy Act (NEPA) and in other documents in 
the FTA administrative record for the project. Interested parties may 
contact either the project sponsor or the relevant FTA Regional Office 
for more information on the project. Contact information for FTA's 
Regional Offices may be found at https://www.fta.dot.gov.
    This notice applies to all FTA decisions on the listed project as 
of the issuance date of this notice and all laws under which such 
actions were taken, including, but not limited to, NEPA [42 U.S.C. 
4321-4375], Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation 
Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401-7671q]. 
This notice does not, however, alter or extend the limitation period of 
180 days for challenges of project decisions subject to previous 
notices published in the Federal Register. The project and action that 
are the subject of this notice are:
    Project name and location: Woodward Avenue Light Rail Transit 
Project, City of Detroit, Detroit, MI. Project sponsor: City of 
Detroit. Project description: The project consists of a 9.3-mile Light 
Rail Transit line along Woodward Avenue from the Central Business 
District in downtown Detroit to the Michigan State Fairgrounds at 8 
Mile Road. The project includes a total of 19 stations. Ancillary 
facilities include eight traction power sub-

[[Page 55471]]

stations, one park and ride lot, one possible temporary vehicle storage 
and maintenance facility, and one permanent vehicle storage and 
maintenance facility. The project is mostly within the cities of 
Detroit and Highland Park. Final agency actions: Section 106 Memorandum 
of Agreement dated June 2011; no use of Section 4(f) resources; 
project-level air quality conformity; Record of Decision, dated August 
2011. Supporting documentation: Final Environmental Impact Statement, 
dated June 2011.

    Issued on: August 31, 2011
Elizabeth Day,
Acting Deputy Associate Administrator for Planning and Environment, 
Washington, DC.
[FR Doc. 2011-22797 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-17-P
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