Notice of Final Federal Agency Actions on Proposed Light Rail Project in Washington, 81011-81012 [2011-33079]
Download as PDF
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices
and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at (202) 493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
David Staples, (202) 267–4058, Keira
Jones, (202) 267–4025, or Tyneka L.
Thomas, (202) 267–7626, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC on December 20,
2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
sroberts on DSK5SPTVN1PROD with NOTICES
Petition For Exemption
Docket No.: FAA–2011–1044.
Petitioner: Sundance Helicopters, Inc.
Section of 14 CFR Affected: 14 CFR
93.323.
Description of Relief Sought:
Sundance Helicopters, Inc. seeks relief
from the requirement to file VFR flight
plans prior to conducting operations in
the vicinity of Grand Canyon National
Park, AZ.
[FR Doc. 2011–33100 Filed 12–23–11; 8:45 am]
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current light rail system an additional
18 miles from Downtown Seattle to
Federal Highway Administration
Mercer Island and Bellevue along
Interstate 90 (I–90), and then through
Notice of Final Federal Agency Actions Bellevue to Overlake and Redmond in
on Proposed Light Rail Project in
the Puget Sound region of Washington
Washington
State. The light rail extension will cross
Lake Washington in the center lanes of
AGENCY: Federal Highway
Administration (FHWA), Department of Interstate 90 (I–90). Project elements
will affect portions of I–90 in Seattle,
Transportation (DOT).
Mercer Island and Bellevue, Washington
ACTION: Notice of limitation on claims
and portions of I–405 in Bellevue,
for judicial review of actions by FHWA
Washington. The project includes 12
and other Federal agencies.
stations, four park-and-ride lots, and
SUMMARY: This notice announces actions supporting facilities. The project also
includes storage tracks and facilities
taken by FHWA and other Federal
located just north of the Hospital Station
agencies that are final within the
to allow for overnight storage of vehicles
meaning of 23 U.S.C. 139(l)(1). The
actions relate to the East Link Light Rail and daily startup operations. The
actions by the Federal agencies, and the
Transit Project in King County
laws under which such actions were
Washington. These actions grant
taken, are described in the Final
licenses, permits, and approvals for the
Environmental Impact Statement (FEIS)
project.
DATES: By this notice, FHWA is advising for the project, issued in July 2011, and
in the FHWA Record of Decision (ROD)
the public of final agency actions
issued on November 17, 2011. The FEIS
subject to 23 U.S.C. 139(l). A claim
and ROD are available by contacting
seeking judicial review of the Federal
FHWA at the address above or can be
agency actions on the listed highway
downloaded from the project Web site at
project will be barred unless the claim
is filed on or before June 24, 2012. If the https://projects.soundtransit.org.
This notice applies to all Federal
Federal law that authorizes judicial
agency decisions on the project as of the
review of a claim provides a time period
issuance date of this notice and all laws
of less than 180 days for filing such
claim, then that shorter time period still under which such actions were taken.
This notice does not, however, alter or
applies.
extend the limitation period of 180 days
FOR FURTHER INFORMATION CONTACT: Pete
for challenges to final agency actions
Jilek, Urban Area Engineer, Federal
subject to previous notices published in
Highway Administration, 711 S. Capitol
the Federal Register, including notice
Way #501, Olympia, Washington,
given by the Federal Transit
98501; telephone: (360) 753–9550; and
Administration on December 16, 2011
email: pete.jilek@dot.gov. The FHWA
(76 FR 78332).
Washington Division Urban Area
This notice applies to all Federal
Engineer’s regular office hours are
agency decisions, actions, approvals,
between 6 a.m. and 3:30 p.m. (Pacific
licenses and permits on the project as of
Time). You may also contact the
the issuance date of this notice,
following FTA officials: Nancy-Ellen
including but not limited to those
Zusman, Assistant Chief Counsel, Office arising under the following laws, as
of Chief Counsel, (312) 353–2577, or
amended:
Terence Plaskon, Environmental
1. General: National Environmental
Protection Specialist, Office of Human
Policy Act [42 U.S.C. 4321–4347];
and Natural Environment, (202) 366–
Federal-Aid Highway Act [23 U.S.C.
0442. FTA Headquarters is located at
109].
1200 New Jersey Avenue SE.,
2. Air: Clean Air Act, as amended [42
Washington, DC 20590. Office hours are U.S.C. 7401–7671(q)].
from 9 a.m. to 5:30 p.m., EST, Monday
3. Land: Section 4(f) of the
through Friday, except Federal holidays. Department of Transportation Act of
SUPPLEMENTARY INFORMATION: Notice is
1966 [49 U.S.C. 303]; Landscaping and
hereby given that FHWA and other
Scenic Enhancement (Wildflowers) [23
Federal agencies have taken final agency U.S.C. 319].
4. Wildlife: Endangered Species Act
actions by issuing licenses, permits, and
[16 U.S.C. 1531–1544]; Anadromous
approvals for the following project in
the State of Washington: East Link Light Fish Conservation Act [16 U.S.C.
757(a)–757(f)]; Fish and Wildlife
Rail Transit Project, King County, WA.
Coordination Act [16 U.S.C. 661–
Federal Lead Agency: Federal Transit
667(e)]; Magnuson-Stevenson Fishery
Administration (FTA). Project sponsor:
Conservation and Management Act of
Central Puget Sound Regional Transit
1976, as amended [16 U.S.C. 1801 et
Authority (Sound Transit). Project
seq.].
description: The project extends the
DEPARTMENT OF TRANSPORTATION
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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470f]; Archaeological
Resources Protection Act of 1977 [16
U.S.C. 470aa–470mm]; Archaeological
and Historic Preservation Act [16 U.S.C.
469–469c–2]; 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. 460l–4–
460l–11]; Safe Drinking Water Act [42
U.S.C. 300f et seq.]; 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. 4001–4129].
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).
Daniel M. Mathis,
Division Administrator, Olympia,
Washington.
[FR Doc. 2011–33079 Filed 12–23–11; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2011–0094]
Petition for Waiver of Compliance
In accordance with part 211 of title 49
of the Code of Federal Regulations
(CFR), this document provides public
notice that by a document dated October
28, 2011, the Maryland Transit
Administration (MTA) has petitioned
the Federal Railroad Administration
(FRA) for a waiver of compliance from
certain provisions of the Federal
railroad safety regulations contained at
49 CFR Section 213.329, Curves,
elevation and speed limitations; Section
213.333, Automated vehicle inspection
systems; and Section 213.345, Vehicle
qualification testing. FRA assigned the
petition Docket Number FRA–2011–
0094.
MTA seeks a permanent waiver of
compliance from the provisions of 49
CFR Sections 213.329, 213.333, and
213.345 as part of its recent purchase of
26 new model MP36PH–3C
locomotives. These locomotives are
intended for operation by MTA’s
Maryland Area Regional Commuter
(MARC) train service on the National
Railroad Passenger Corporation’s
(Amtrak) Northeast Corridor (NEC) at
100 mph and 4 inches cant deficiency.
In MTA’s previous waiver request,
dated January 22, 2009, MTA sought
relief from 49 CFR Section 213.345(b),
which references 49 CFR Section
213.333. The waiver would allow MTA
to test the MP36 locomotives with
accelerometers, instead of instrumented
wheelsets. MTA also indicated that it
would use computer simulations to
evaluate the wheel/rail forces for speeds
and track geometry of the MARC route
over the NEC.
In December 2010, during route
testing in Maryland, the MP36PH–3C
sustained carbody yaw oscillations that
exceeded the carbody lateral
acceleration limits described in FRA’s
Notice of Proposed Rulemaking
(NPRM), as found in Docket Number
FRA–2009–0036. In February 2011,
MTA rescinded that waiver petition
until a solution to the carbody yaw issue
could be developed and implemented.
In its current waiver petition, MTA
indicated that it has developed and
implemented a solution to the sustained
carbody yaw issue by modifying the
MP36PH–3C locomotive truck, as
detailed in Attachment 2 to the waiver
petition. It also indicated that computer
simulations using a valid computer
model demonstrated that the modified
MP36PH–3C locomotive complies with
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the wheel/rail forces and the truck and
carbody acceleration limits contained in
the NPRM for 49 CFR section 213.333.
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.
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 by
February 10, 2012 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.
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[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 81011-81012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33079]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Light Rail
Project in Washington
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (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 East Link Light Rail Transit Project in King
County 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(l). 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 June 24, 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 email:
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 the following FTA officials: Nancy-Ellen Zusman,
Assistant Chief Counsel, Office of Chief Counsel, (312) 353-2577, or
Terence Plaskon, Environmental Protection Specialist, Office of Human
and Natural Environment, (202) 366-0442. FTA Headquarters is located at
1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from
9 a.m. to 5:30 p.m., EST, Monday through Friday, except Federal
holidays.
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 project in the State of
Washington: East Link Light Rail Transit Project, King County, WA.
Federal Lead Agency: Federal Transit Administration (FTA). Project
sponsor: Central Puget Sound Regional Transit Authority (Sound
Transit). Project description: The project extends the current light
rail system an additional 18 miles from Downtown Seattle to Mercer
Island and Bellevue along Interstate 90 (I-90), and then through
Bellevue to Overlake and Redmond in the Puget Sound region of
Washington State. The light rail extension will cross Lake Washington
in the center lanes of Interstate 90 (I-90). Project elements will
affect portions of I-90 in Seattle, Mercer Island and Bellevue,
Washington and portions of I-405 in Bellevue, Washington. The project
includes 12 stations, four park-and-ride lots, and supporting
facilities. The project also includes storage tracks and facilities
located just north of the Hospital Station to allow for overnight
storage of vehicles and daily startup operations. The actions by the
Federal agencies, and the laws under which such actions were taken, are
described in the Final Environmental Impact Statement (FEIS) for the
project, issued in July 2011, and in the FHWA Record of Decision (ROD)
issued on November 17, 2011. The FEIS and ROD are available by
contacting FHWA at the address above or can be downloaded from the
project Web site at https://projects.soundtransit.org.
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. This notice does not, however, alter or extend the
limitation period of 180 days for challenges to final agency actions
subject to previous notices published in the Federal Register,
including notice given by the Federal Transit Administration on
December 16, 2011 (76 FR 78332).
This notice applies to all Federal agency decisions, actions,
approvals, licenses and permits on the project as of the issuance date
of this notice, including but not limited to those arising under the
following laws, as amended:
1. General: National Environmental Policy Act [42 U.S.C. 4321-
4347]; 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(f)]; Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(e)]; Magnuson-Stevenson
Fishery Conservation and Management Act of 1976, as amended [16 U.S.C.
1801 et seq.].
[[Page 81012]]
5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f];
Archaeological Resources Protection Act of 1977 [16 U.S.C. 470aa-
470mm]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469c-2]; 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.
460l-4-460l-11]; Safe Drinking Water Act [42 U.S.C. 300f et seq.];
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. 4001-4129].
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).
Daniel M. Mathis,
Division Administrator, Olympia, Washington.
[FR Doc. 2011-33079 Filed 12-23-11; 8:45 am]
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