Surface Transportation Project Delivery Pilot Program; Caltrans Audit Report, 26355-26356 [2012-10616]

Download as PDF Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices 102.63 acres of additional right of way and would not result in residential or Federal Highway Administration commercial displacements. Some properties will require reconfiguration Notice of Final Federal Agency Actions to remain functional under the changed on Avenida Rio Salado/Broadway Road roadway conditions. The actions by the Federal agencies, AGENCY: Federal Highway and the laws under which such actions Administration (FHWA), DOT. were taken, are described in the ACTION: Notice of limitation on claims Avenida Rio Salado/Broadway Road for judicial review of actions by FHWA Final Environmental Assessment and and other Federal Agencies. Section 4(f) Evaluation (Final EA) for SUMMARY: This notice announces actions the project, approved on January 5, 2012, in the FHWA Finding of No taken by the FHWA and other Federal Significant Impact (FONSI) issued on agencies that are final within the January 5, 2012, and in other documents meaning of 23 U.S.C. 139(l)(1). The in the FHWA administrative record. The actions relate to the extension and FONSI, Final EA, and other documents reconstruction of Broadway Road in the FHWA administrative record file between 67th Avenue and 7th Street are available by contacting the FHWA or within the city of Phoenix, Maricopa the Arizona Department of County, Arizona. Those actions grant Transportation at the addresses licenses, permits, and approvals for the provided above. The FONSI and Final project. EA including the Public Hearing DATES: By this notice, the FHWA is Summary are available online at: https:// advising the public of final agency avenidariosalado.com/ actions subject to 23 U.S.C. 139(l)(1). A environmental_assessment.php. This claim seeking judicial review of the notice applies to all Federal agency Federal agency actions on the highway decisions as of the issuance date of this project will be barred unless the claim notice and all laws under which such is filed on or before October 30, 2012. actions were taken, including but not If the Federal law that authorizes limited to: judicial review of a claim provides a 1. General: National Environmental time period of less than 180 days for Policy Act (NEPA) [42 U.S.C. 4321– filing such claim, then that shorter time 4351]; Federal-Aid Highway Act [23 period still applies. U.S.C. 109]. FOR FURTHER INFORMATION CONTACT: Mr. 2. Air: Clean Air Act [42 U.S.C. 7401– Tom Deitering, Area Engineer, Federal 7671(q)]. Highway Administration, 4000 N. 3. Land: Section 4(f) of the Central Avenue, Suite 1500, Phoenix, Department of Transportation Act of Arizona 85012–3500; telephone: (602) 1966 [49 U.S.C. 303]; Landscaping and 379-3646, fax: (602) 382-8998, email: Scenic Enhancement (Wildflowers) [23 Thomas.Deitering@dot.gov. U.S.C. 319]. The FHWA Arizona Division Office’s 4. Wildlife: Endangered Species Act normal business hours are 8 a.m. to 5 [16 U.S.C. 1531–1544 and Section p.m. (Mountain Standard Time). You may also contact: Mr. Ken Davis, 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Senior Engineering Manager, Federal Coordination Act [16 U.S.C. 661– Highway Administration, 4000 N. 667(d)], Migratory Bird Treaty Act [16 Central Avenue, Suite 1500, Phoenix, U.S.C. 703–712]. Arizona 85012–3500; telephone: (602) 5. Historic and Cultural Resources: 379-3646, fax: (602) 382-8998, email: Section 106 of the National Historic Ken.Davis@dot.gov. Preservation Act of 1966, as amended SUPPLEMENTARY INFORMATION: Notice is [16 U.S.C. 470(f) et seq.]; Archeological hereby given that the FHWA and other Resources Protection Act of 1977 [16 Federal agencies have taken final agency U.S.C. 470(aa)–11]; Archeological and actions by issuing licenses, permits, and Historic Preservation Act [16 U.S.C. approvals for the following project in 469–469(c)]; Native American Grave the State of Arizona: Avenida Rio Protection and Repatriation Act Salado/Broadway Road. The (NAGPRA) [25 U.S.C. 3001–3013]. improvements include extending 6. Social and Economic: Civil Rights Broadway Road by constructing a new Act of 1964 [42 U.S.C. 2000(d)– 6-lane roadway between 67th and 43rd 2000(d)(1)]; American Indian Religious avenues, widening the existing Freedom Act [42 U.S.C. 1996]; Farmland Broadway Road to 6-lanes between 43rd Protection Policy Act (FPPA) [7 U.S.C. and 17th avenues, and improving the 4201–4209]. 7. Wetlands and Water Resources: Broadway Road intersections at 15th, 7th, and Central avenues and 7th Street. Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe The project will require approximately wreier-aviles on DSK7SPTVN1PROD with NOTICES DEPARTMENT OF TRANSPORTATION VerDate Mar<15>2010 15:32 May 02, 2012 Jkt 226001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 26355 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]; Flood Disaster Protection Act [42 U.S.C. 4001– 4128]. 8. Water: Clean Water Act 33 U.S.C. 1251–1387. 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: April 25, 2012. Karla S. Petty, Division Administrator, Phoenix, Arizona. [FR Doc. 2012–10574 Filed 5–2–12; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2012–0005] Surface Transportation Project Delivery Pilot Program; Caltrans Audit Report Federal Highway Administration (FHWA), DOT. ACTION: Final report. AGENCY: Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) established the Surface Transportation Project Delivery Pilot Program, codified at 23 U.S.C. 327. To ensure compliance by each State participating in the Pilot Program, 23 U.S.C. 327(g) mandates semiannual audits during each of the first 2 years of State participation. This final report presents the findings from the sixth FHWA audit of the California Department of Transportation (Caltrans) under the pilot program. SUMMARY: E:\FR\FM\03MYN1.SGM 03MYN1 26356 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices Ms. Ruth Rentch, Office of Project Development and Environmental Review, (202) 366–2034, Ruth.Rentch@dot.gov, or Mr. Michael Harkins, Office of the Chief Counsel, (202) 366–4928, Michael.Harkins@dot.gov, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: a Federal Register Notice published on February 22, 2012, at 77 FR 10599. The FHWA received one comment from Caltrans. This notice provides the final draft of the sixth FHWA audit report for Caltrans under the pilot program. Electronic Access This document, the notice and request for comment, and all comments received may be viewed online through the Federal eRulemaking portal at: https://www.regulations.gov. Electronic submission and retrieval help and guidelines are available on the Web site. It is available 24 hours each day, 366 days this year. Please follow the instructions. An electronic copy of this notice may be downloaded from the Office of the Federal Register’s home page at https://www.archives.gov and the Government Printing Office’s Web site at https://www.access.gpo.gov. DEPARTMENT OF TRANSPORTATION wreier-aviles on DSK7SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Background Section 6005 of SAFETEA–LU (codified at 23 U.S.C. 327) established a pilot program to allow up to five States to assume the Secretary of Transportation’s responsibilities for environmental review, consultation, or other actions under any Federal environmental law pertaining to the review or approval of highway projects. In order to be selected for the pilot program, a State must submit an application to the Secretary. On June 29, 2007, Caltrans and FHWA entered into a Memorandum of Understanding (MOU) that established the assignments to and assumptions of responsibility to Caltrans. Under the MOU, Caltrans assumed the majority of FHWA’s responsibilities under the National Environmental Policy Act, as well as the FHWA’s responsibilities under other Federal environmental laws for most highway projects in California. To ensure compliance by each State participating in the Pilot Program, 23 U.S.C. 327(g) requires the Secretary to conduct semiannual audits during each of the first 2 years of State participation; and annual audits during each subsequent year of State participation. The results of each audit must be presented in the form of an audit report and be made available for public comment. The FHWA solicited comments on the sixth audit report in VerDate Mar<15>2010 15:32 May 02, 2012 Jkt 226001 Authority: Section 6005 of Pub. L. 109–59; 23 U.S.C. 315 and 327; 49 CFR 1.48. Issued on: April 26, 2012. Victor M. Mendez, Administrator. [FR Doc. 2012–10616 Filed 5–2–12; 8:45 am] BILLING CODE 4910–22–P Federal Railroad Administration [Docket Number FRA–2010–0060] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated March 12, 2012, the Norfolk Southern Railway (NS) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations. FRA assigned the petition to Docket Number FRA–2010–0060. Pursuant to the requirements of 49 CFR Section 236.1035 (Field testing requirements), NS has submitted the Interoperable Electronic Train Management System (I–ETMS) Positive Train Control (PTC) test waiver request, Version 1.1, dated March 12, 2012, along with associated required documents for request of relief from select parts of Subparts A–G. In conjunction with those requests, per 49 CFR Section 236.1035, the NS test waiver includes requests for relief from regulations other than those contained in Subparts A–G. I–ETMS is a vital overlay system as defined in 49 CFR Part 236, Subpart I, Section 236.1015(e)(2) and fully described in the NS I–ETMS PTC Development Plan (FRA–2010–0060– 0002) found in Appendix A, and for which FRA Type Approval FRA–TA– 2011–02 was issued on August 26, 2011. The I–ETMS system is designed to support different railroads and their individual methods of operation and is intended to be implementable across a broad spectrum of railroads without significant modification. This design approach supports interoperability across railroads as I–ETMS-equipped locomotives apply consistent warning and enforcement functionality regardless of trackage ownership. PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 NS seeks a waiver of compliance from certain sections of 49 CFR, including Parts 216, Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment; 217, Railroad Operating Rules; 218, Railroad Operating Practices; 229, Railroad Locomotive Safety Standards; 233, Signal Systems Reporting Requirements; 235, Instructions Governing Applications for Approval of a Discontinuance or Material Modification of a Signal System or Relief from the Requirements of Part 236; and 240, Qualification and Certification of Locomotive Engineers. NS also seeks a waiver of compliance from 49 CFR Section 211.51 (Tests) to allow them to test I–ETMS, on nonrevenue trains, on the Charleston District from Charleston, SC, milepost (MP) SC 7.0, to Andrews Yard, Columbia, SC, MP SC 128.9; and on the Columbia District from Andrews Yard, Columbia, SC, MP R 108.5, to Charolette Junction, MP R0.0. The following are the waiver requests and their justifications: Section 216.13, Special Notice for Repairs—Locomotive Waiver is requested for I–ETMSequipped locomotives to the extent that non-operation of I–ETMS equipment installed on board, whether through malfunction or deactivation, shall not be construed as an unsafe condition requiring special notice for repairs. Waiver is also sought for non-I–ETMSequipped locomotives operating in I– ETMS territory to the extent that the absence of I–ETMS equipment on board shall not be construed as an unsafe condition requiring special notice for repairs. Justification: With or without I–ETMS equipment operating on board the controlling locomotive, a train remains subject to existing operating rules. I– ETMS tests require flexibility in installing, removing, turning on, and turning off the equipment. Section 217.9, Program of Operational Tests and Inspections; Recordkeeping Waiver is requested, exempting operation of I–ETMS equipment and procedures from the requirements for operational tests and inspections, and associated recordkeeping. Justification: During the I–ETMS test phase, procedures for using I–ETMS equipment and functions will be refined and modified. Until such procedures are defined in the PTC Safety Plan (PTCSP), or associated documentation, they cannot be addressed in NS operating rules. I–ETMS is expected to have minimal impact on existing operating E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26355-26356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10616]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2012-0005]


Surface Transportation Project Delivery Pilot Program; Caltrans 
Audit Report

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final report.

-----------------------------------------------------------------------

SUMMARY: Section 6005 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established 
the Surface Transportation Project Delivery Pilot Program, codified at 
23 U.S.C. 327. To ensure compliance by each State participating in the 
Pilot Program, 23 U.S.C. 327(g) mandates semiannual audits during each 
of the first 2 years of State participation. This final report presents 
the findings from the sixth FHWA audit of the California Department of 
Transportation (Caltrans) under the pilot program.

[[Page 26356]]


FOR FURTHER INFORMATION CONTACT: Ms. Ruth Rentch, Office of Project 
Development and Environmental Review, (202) 366-2034, 
Ruth.Rentch@dot.gov, or Mr. Michael Harkins, Office of the Chief 
Counsel, (202) 366-4928, Michael.Harkins@dot.gov, Federal Highway 
Administration, Department of Transportation, 1200 New Jersey Avenue 
SE., Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This document, the notice and request for comment, and all comments 
received may be viewed online through the Federal eRulemaking portal 
at: https://www.regulations.gov. Electronic submission and retrieval 
help and guidelines are available on the Web site. It is available 24 
hours each day, 366 days this year. Please follow the instructions. An 
electronic copy of this notice may be downloaded from the Office of the 
Federal Register's home page at https://www.archives.gov and the 
Government Printing Office's Web site at https://www.access.gpo.gov.

Background

    Section 6005 of SAFETEA-LU (codified at 23 U.S.C. 327) established 
a pilot program to allow up to five States to assume the Secretary of 
Transportation's responsibilities for environmental review, 
consultation, or other actions under any Federal environmental law 
pertaining to the review or approval of highway projects. In order to 
be selected for the pilot program, a State must submit an application 
to the Secretary.
    On June 29, 2007, Caltrans and FHWA entered into a Memorandum of 
Understanding (MOU) that established the assignments to and assumptions 
of responsibility to Caltrans. Under the MOU, Caltrans assumed the 
majority of FHWA's responsibilities under the National Environmental 
Policy Act, as well as the FHWA's responsibilities under other Federal 
environmental laws for most highway projects in California.
    To ensure compliance by each State participating in the Pilot 
Program, 23 U.S.C. 327(g) requires the Secretary to conduct semiannual 
audits during each of the first 2 years of State participation; and 
annual audits during each subsequent year of State participation. The 
results of each audit must be presented in the form of an audit report 
and be made available for public comment. The FHWA solicited comments 
on the sixth audit report in a Federal Register Notice published on 
February 22, 2012, at 77 FR 10599. The FHWA received one comment from 
Caltrans. This notice provides the final draft of the sixth FHWA audit 
report for Caltrans under the pilot program.

    Authority: Section 6005 of Pub. L. 109-59; 23 U.S.C. 315 and 
327; 49 CFR 1.48.

    Issued on: April 26, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2012-10616 Filed 5-2-12; 8:45 am]
BILLING CODE 4910-22-P