Petition for Waiver of Compliance, 60584-60585 [2011-25064]
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tkelley on DSKG8SOYB1PROD with NOTICES
60584
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices
interchanges, grade separations, and
access roads (which include new roads,
road relocations, and realignments). The
FHWA had previously issued a Tier 1
FEIS and ROD for the entire I–69 project
from Evansville to Indianapolis,
Indiana. A Notice of Limitation on
Claims for Judicial Review of Actions by
FHWA and United States Fish and
Wildlife Service (USFWS), DOI, was
published in the Federal Register on
April 17, 2007. A claim seeking judicial
review of the Tier 1 decisions must have
been filed by October 15, 2007, to avoid
being barred under 23 U.S.C. 139(l).
Decisions in the FHWA Tier 1 ROD that
were cited in that Federal Register
notice included, but were not limited to,
the following:
1. Purpose and need for the project.
2. Range of alternatives for analysis.
3. Selection of the Interstate highway
build alternative and highway corridor
for the project, as Alternative 3C.
4. Elimination of other alternatives
from consideration in Tier 2 NEPA
proceedings.
5. Process for completing the Tier 2
alternatives analysis and studies for the
project, including the designation of six
Tier 2 sections and a decision to prepare
a separate environmental impact
statement for each Tier 2 section.
The Tier 1 ROD and Notice
specifically noted that the ultimate
alignment of the highway within the
corridor, and the location and number
of interchanges and rest areas would be
evaluated in the Tier 2 NEPA
proceedings. Those proceedings for
section 4 of the I–69 project from
Evansville to Indianapolis have
culminated in the September 8, 2011,
ROD and this Notice. Interested parties
may consult the Tier 2, section 4 ROD
and FEIS for details about each of the
decisions described above and for
information on other issues decided.
The Tier 2, section 4 ROD can be
viewed and downloaded from the
project Web site at https://
www.i69indyevn.org/. People unable to
access the Web site may contact FHWA
or INDOT at the addresses listed above.
Decisions in the section 4, Tier 2 ROD
that have final approval include, but are
not limited to, the following: 1. National
Environmental Policy Act (NEPA) [42
U.S.C. 4321–4351]. 2. Endangered
Species Act [16 U.S.C. 1531–1544]. 3.
Federal-Aid Highway Act [23 U.S.C. 109
and 23 U.S.C. 128]. 4. Clean Air Act, 42
U.S.C. 7401–7671(q). 5. Section 4(f) of
the Department of Transportation Act of
1966 [49 U.S.C. 303]. 6. Section 106 of
the National Historic Preservation Act of
1966, as amended [16 U.S.C. 470(f) et
seq.]. 7. Bald and Golden Eagle
Protection Act [16 U.S.C. 688–688d].
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Previous actions taken by the USFWS
for the Tier 1, I–69 project, pursuant to
the Endangered Species Act, 16 U.S.C.
1531–1544, included its concurrence
with the FHWA’s determination that the
I–69 project was not likely to adversely
affect the eastern fanshell mussel
(Cyprogenia stegaria) and that the
project was likely to adversely affect,
but not jeopardize, the bald eagle. The
USFWS also concluded that the project
was not likely to jeopardize the
continued existence of the Indiana bat
and was not likely to adversely modify
the bat’s designated Critical Habitat.
These USFWS decisions were described
in the Programmatic Biological Opinion
issued on December 3, 2003, the
Revised Programmatic Biological
Opinion issued on August 24, 2006, and
other documents in the Tier 1 project
records. A Notice of Limitation on
Claims for Judicial Review of these
actions and decisions by the USFWS,
DOI, was published in the Federal
Register on April 17, 2007. The USFWS
affirmed its decisions in the
Amendment to the Revised
Programmatic Biological Opinion issued
on May 25, 2011. A Notice of Limitation
on Claims for Judicial Review of these
actions and decisions by the USFWS,
DOI, was published in the Federal
Register on July 20, 2011. A claim
seeking judicial review of the
Amendment to the Revised
Programmatic Biological Opinion must
be filed by January 17, 2012, to avoid
being barred under 23 U.S.C. 139(l).
For the Tier 2, section 4, 26.7 mile I–
69 project in Greene and Monroe
Counties, an individual Biological
Opinion was issued on July 6, 2011, that
concluded that the section 4 project was
not likely to jeopardize the continued
existence of the Indiana bat and was not
likely to adversely modify the bat’s
designated Critical Habitat. In addition,
the USFWS issued an Incidental Take
Statement subject to specified terms and
conditions. The USFWS also issued a
Bald Eagle Take Exempted Under ESA
permit (No. MB218918–0) for the
incidental take of the bald eagles for all
sections of the I–69 project. The permit
was effective as of June 25, 2009, and is
subject to the terms and conditions of
the Endangered Species Act section 7
incidental take statement and the
August 24, 2006, Revised Programmatic
Biological Opinion. The biological
opinions, Bald Eagle permit no.
MB218918–0, and other project records
relating to the USFWS actions, taken
pursuant to the Endangered Species Act,
16 U.S.C. 1531–1544, are available by
contacting the FHWA, INDOT, or
USFWS at the addresses provided
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above. The Tier 2, section 4, Biological
Opinion can be viewed and downloaded
from the project Web site at https://
www.i69indyevn.org/wp-content/
uploads/Sec4_FEIS/Sec4_AppendixJJ2.pdf.
(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)
Robert F. Tally Jr.,
Division Administrator, Indianapolis,
Indiana.
[FR Doc. 2011–25003 Filed 9–28–11; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
TIME AND DATE: October 27, 2011, 12
noon to 3 p.m., Eastern Daylight Time.
PLACE: This meeting will take place
telephonically. Any interested person
may call 877.820.7831, passcode,
908048 to participate in this meeting.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
FOR FURTHER INFORMATION CONTACT: Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
AGENCY:
Issued on: September 26, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–25314 Filed 9–27–11; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2006–25862]
Petition for Waiver of Compliance
In accordance with part 211 of Title
49 of the Code of Federal Regulations
(CFR), this document provides the
public notice that by a document dated
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tkelley on DSKG8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices
August 15, 2011, the Union Pacific
Railroad (UP) has petitioned the Federal
Railroad Administration (FRA) for a
waiver of compliance extension from
certain provisions of the Federal
railroad safety regulations contained at
49 CFR 240.117(e)(1)–(4); 49 CFR
240.305(a)(1)–(4) and (6); and 49 CFR
240.307. FRA assigned the petition
Docket Number FRA–2006–25862.
The Confidential Close Call Reporting
System (C3RS) pilot project for the UP
North Platte Service Unit was initially
approved by FRA on September 12,
2007. The 5-year time limit is expiring
and subject to FRA approval, UP desires
to continue the pilot project until
November 18, 2014.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
https://www.regulations.gov and in
person at the U.S. Department of
Transportation’s (DOT) Docket
Operations Facility, 1200 New Jersey
Ave., SE., W12–140, Washington, DC
20590. The Docket Operations Facility
is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays. If you do not have access to
the Internet, please contact FRA’s
Docket Clerk at 202–493–6030 who will
provide necessary information
concerning the contents of the petition.
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 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.
Communications received within
October 31, 2011 will be considered by
FRA before final action is taken.
Comments received after that date will
be considered as far as practicable.
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Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78), or
online at https://www.dot.gov/
privacy.html.
Issued in Washington, DC, on September
23, 2011.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2011–25064 Filed 9–28–11; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Early Scoping Notice
AGENCY:
Federal Transit Administration,
DOT.
Early Scoping for the Southwest
Corridor Plan in Metropolitan Portland,
OR.
ACTION:
The Federal Transit
Administration (FTA) and the Metro
(Oregon) regional government issue this
early scoping notice to advise other
agencies and the public that they intend
to explore alternatives for improving
transit service between downtown
Portland and Sherwood, in Multnomah
and Washington counties. The early
scoping is occurring within the context
of the Council on Environmental
Quality’s regulations for complying with
the National Environmental Policy Act
(NEPA). Several alternatives will be
examined to explore their potential for
implementation of a major transit
capital investment under the New Starts
funding program including light rail,
bus rapid transit, rapid streetcar, high
occupancy vehicle lanes, high
occupancy toll lanes and a
transportation system management
(TSM) alternative. Public workshops
have been planned and are described
below. The FTA Alternatives Analysis
(AA) process, as described in 49 U.S.C.
5309 (a) (1), will assess a wide range of
public transportation alternatives
designed to address the transportation
problems within the corridor. This
process will involve a more robust and
detailed level of alternatives and will
ultimately lead to the selection of a
locally preferred alternative.
SUMMARY:
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60585
The initial phase of AA will provide
adequate information to determine
which alternative(s) to pursue for
further analysis for implementation and
what level of environmental analysis
would be necessary for project
implementation. In the second phase,
the project may solicit [or obtain]
additional public, agency, and tribal
input to identify the nature and scope
of the environmental issues that should
be addressed during NEPA review,
following appropriate public notice
(anticipated in 2013). This NEPA
scoping process will vary depending on
whether the project requires an
environmental assessment or an
environmental impact statement. Metro
and FTA will notify the public of NEPA
scoping after that decision has been
made.
Information about upcoming public
meetings and about the project’s
purpose is set forth below.
DATES: Six public events will be held to
accept comments on the following dates
and locations:
SW Corridor Plan/Tigard Open House/
Barbur Concept Plan, 6:30 to 8:30
p.m., September 28, 2011, Tigard
Library, Tigard.
PSU Farmers’ Market, 8:30 a.m. to 2
p.m., October 8, 2011, West Park
Avenue and Southwest Montgomery
Street, Portland.
King City/Tigard Area Farmers’ Market,
9 a.m. to 2 p.m., October 16, 2011,
11831 SW., Pacific Hwy @ Hwy 99 &
217.
24th Annual Great Onion Festival, 9
a.m. to 4 p.m, October 16, 2011,
Archer Glen Elementary School,
16155 SW Sunset Blvd. Sherwood.
8th Annual West Coast Giant Pumpkin
Regatta, 10 a.m. to 4 p.m., October 22,
2011, Tualatin Commons, Tualatin.
The public meetings will have
information and staff available to
discuss the project and answer
questions, and there will be
opportunities for spoken and written
comments. Information is also available
on the Metro Web site at: https://
www.swcorridorplan.org. Written
scoping comments are requested by
October 28, 2011 and can be sent or
emailed to the address below, submitted
at the public meetings, or provided via
the online comment form available at
https://www.swcorridorplan.org.
Any individual who requires special
assistance, such as a sign language
interpreter, to participate in a public
workshop should contact Jenn Tuerk at
(503) 797–1756 or
trans@oregonmetro.gov.
Interagency and Tribal Coordination
Meetings:
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Agencies
[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60584-60585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25064]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2006-25862]
Petition for Waiver of Compliance
In accordance with part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated
[[Page 60585]]
August 15, 2011, the Union Pacific Railroad (UP) has petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance
extension from certain provisions of the Federal railroad safety
regulations contained at 49 CFR 240.117(e)(1)-(4); 49 CFR
240.305(a)(1)-(4) and (6); and 49 CFR 240.307. FRA assigned the
petition Docket Number FRA-2006-25862.
The Confidential Close Call Reporting System (C3RS) pilot project
for the UP North Platte Service Unit was initially approved by FRA on
September 12, 2007. The 5-year time limit is expiring and subject to
FRA approval, UP desires to continue the pilot project until November
18, 2014.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at https://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Ave., SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays. If you do not have access to the Internet, please
contact FRA's Docket Clerk at 202-493-6030 who will provide necessary
information concerning the contents of the petition.
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 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.
Communications received within October 31, 2011 will be considered
by FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at https://www.dot.gov/privacy.html.
Issued in Washington, DC, on September 23, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-25064 Filed 9-28-11; 8:45 am]
BILLING CODE 4910-06-P