Notice of Final Federal Agency Actions on Proposed Highway in Minnesota, 33583-33584 [2015-14080]

Download as PDF Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices Agencies that are final in the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project corridor connecting Trunk Highway 169 and United States Highway 212 in the vicinity of Trunk Highway 41 in the Counties of Scott and Carver, State of Minnesota. The Federal decisions of a tiered environmental review process under the National Environmental Policy Act, 42 U.S.C. 4321–4351 (NEPA), and implementing regulations on tiering, 40 CFR 1502.20 and 40 CFR 1508.28, determined certain issues relating to the proposed action. Those Tier I decisions will be used by Federal agencies in subsequent proceedings, including decisions whether to grant licenses, permits, and approvals for highway project(s). DATES: By this notice, FHWA is advising the public of the final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before November 9, 2015. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For FHWA: Philip Forst, Environmental Specialist, FHWA, Minnesota Division, 380 Jackson Street, Suite 500, Saint Paul, MN 55101, phil.forst@dot.gov, Phone: (651) 291–6100. For the Minnesota Department of Transportation, Diane Langenbach, Project Manager, Minnesota Department of Transportation, Metro District, 1500 West County Road B2, Roseville, MN 55113, Phone: (651) 234–7721. SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has issued at Tier I Record of Decision (ROD) in Issued in Jamaica, New York, June 4, 2015. connection with a proposed highway Eleanor Scorcia, project in the State of Minnesota: Construction of a new Trunk Highway Acting Manager, Planning and Programming Branch, Airports Division, Eastern Region. (TH) 41 Minnesota River crossing connecting Trunk Highway 169 and [FR Doc. 2015–14202 Filed 6–11–15; 8:45 am] United States (US) Highway 212 in the BILLING CODE 4910–13–P vicinity of the existing Trunk Highway 41. A modified Alternative C–2 corridor DEPARTMENT OF TRANSPORTATION was the selected alternative in the Tier I FEIS. The selected alternative is an Federal Highway Administration approximately 3 mile long, 300-foot wide corridor to accommodate a new Notice of Final Federal Agency Actions four-lane east-west regional freeway on Proposed Highway in Minnesota connection between US 169 and US 212 that will improve regional accessibility AGENCY: Federal Highway and alleviate traffic congestion. Administration (FHWA), DOT. Approximately six corridor alternatives ACTION: Notice of limitations on claims were evaluated in the Tier I process. for Judicial Reviews by FHWA. The selected alternative is the only SUMMARY: This notice announces actions corridor build alternative to be carried forward into a future Tier II EIS. taken by FHWA and other Federal mstockstill on DSK4VPTVN1PROD with NOTICES newspapers that have general circulation in the project area. The newspaper notice will notify members of the public that open house style Scoping Meetings will be held to provide the opportunity for the public to offer its input concerning the proposed project. The Public Scoping Meetings are scheduled for the evenings of July 22 & 23, 2015 from 5 p.m. to 8 p.m. at the following locations in Southside Hampton Roads: • July 22, 2015, 5 p.m.–8 p.m.: Bayside High School, 4960 Haygood Road, Virginia Beach, VA • July 23, 2015, 5 p.m.–8 p.m.: Holiday Inn Norfolk Airport, 1570 N. Military Highway, Norfolk, Virginia The Public Scoping Meetings will be open house format with project information displayed and representatives from the FAA and the Airport available to answer questions. Written and oral comments will be accepted at each of the meetings. The public comment period on this Scoping phase of the EIS will end on August 3, 2015. The purpose of the Scoping Process, as stated above, is to receive input from the public, as well as from Federal, state, and local agencies, that have legal jurisdiction and/or special expertise with respect to any potential environmental impacts associated with the proposed project. During this process, questions regarding the scope and process related to the EIS will be answered. More information about the sponsor’s proposed project and the scoping meetings can be found at: www.orf-eis.com. Comments should be addressed to the listed contact person, or by email to orfeis@vhb.com. The Scoping comment period is from June 12, 2015 through August 3, 2015. VerDate Sep<11>2014 19:05 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 33583 The Tier I final Federal agency decisions, and the laws under which such actions were taken, are described in the Tier I Final Environmental Impact Statement (FEIS), approved on November 12, 2014, in the Record of Decision (ROD) issued on March 16, 2015, and in other documents in the project records. The FEIS, ROD, and other documents in the project file are available by contacting the Minnesota Division of the FHWA or the Minnesota Department of Transportation at the addresses provided above. The FEIS and ROD can be viewed on the project Web site at https://www.dot.state.mn.us/ metro/projects/hwy41bridge/ documents.html, or obtained by contacting the individuals listed above. This notice applies to all Federal agency decisions that are final in the meaning of 23 U.S.C. 139(l)(1) 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 (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303; 23 U.S.C. 138]. 3. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa– 470mm]; Archeological and Historic Preservation Act [16 U.S.C. 469– 469c]. 4. Social and Economic: Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209] 5. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1387]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Wetlands Mitigation [23 U.S.C. 119(g) and 133(b)(14)]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287]. 6. 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. (Catalog of 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.) E:\FR\FM\12JNN1.SGM 12JNN1 33584 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices Authority: 23 U.S.C. 139(l)(1). Issued on: May 26, 2015. Arlene Kocher, Division Administrator. [FR Doc. 2015–14080 Filed 6–11–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION [4910–EX–P] Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0283] Hours of Service of Drivers: Agricultural and Food Transporters Conference (AFTC); Granting of Renewal of Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: FMCSA announces its decision to renew an exemption from the 30-minute rest break provision of the Agency’s hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers transporting livestock. The Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations (ATA) requested that the exemption, granted on behalf of several associations of agricultural transporters, be renewed to enable these drivers to continue to safeguard the health of certain livestock during long-haul deliveries by not having to take the rest break. The Agency has determined that it is appropriate to renew this exemption for a period of two years to ensure the wellbeing of the Nation’s livestock during interstate transportation by CMV. The exemption, subject to the terms and conditions imposed, will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. DATES: This exemption is effective June 12, 2015, through June 12, 2017. Comments must be received on or before July 13, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2013–0283 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:18 Jun 11, 2015 Jkt 235001 • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The online FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 202–366–2718. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments, and PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 determines whether granting or renewal of the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Background On December 27, 2011, FMCSA published a final rule amending its HOS regulations for drivers of propertycarrying CMVs. The final rule included a provision requiring drivers to take a rest break during the workday under certain circumstances. Drivers may drive a CMV only if a period of 8 hours or less has passed since the end of their last off-duty or sleeper-berth period of at least 30 minutes. FMCSA did not specify when drivers must take the minimum 30-minute break, but the rule requires that they wait no longer than 8 hours after the last off-duty or sleeperberth period of that length or longer to take the break. This new requirement, as amended by a subsequent decision of the United States Court of Appeals for the DC Circuit,1 is codified at 49 CFR 395.3(a)(3)(ii). Exemption On June 19, 2013, the National Pork Producers Council (NPPC) on behalf of itself and 12 trade associations, including ATA’s Agricultural and Food Transporters Conference, requested a limited two-year exemption from the rest-break requirement for drivers of CMVs engaged in the transportation of livestock. A copy of the request is included in the docket referenced at the beginning of this notice. The NPPC stated that complying with the 30-minute rest break rule would cause livestock producers and their drivers irreparable harm, place the health and welfare of the livestock at risk, and provide no apparent benefit to public safety, while forcing the livestock industry and its drivers to choose 1 American Trucking Associations, Inc., v. Federal Motor Carrier Safety Administration, 724 F.3d 243 (D.C. Cir. 2013). E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33583-33584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14080]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Minnesota

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitations on claims for Judicial Reviews by FHWA.

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SUMMARY: This notice announces actions taken by FHWA and other Federal 
Agencies that are final in the meaning of 23 U.S.C. 139(l)(1). The 
actions relate to a proposed highway project corridor connecting Trunk 
Highway 169 and United States Highway 212 in the vicinity of Trunk 
Highway 41 in the Counties of Scott and Carver, State of Minnesota. The 
Federal decisions of a tiered environmental review process under the 
National Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), and 
implementing regulations on tiering, 40 CFR 1502.20 and 40 CFR 1508.28, 
determined certain issues relating to the proposed action. Those Tier I 
decisions will be used by Federal agencies in subsequent proceedings, 
including decisions whether to grant licenses, permits, and approvals 
for highway project(s).

DATES: By this notice, FHWA is advising the public of the final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before November 9, 2015. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such a claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Philip Forst, Environmental 
Specialist, FHWA, Minnesota Division, 380 Jackson Street, Suite 500, 
Saint Paul, MN 55101, phil.forst@dot.gov, Phone: (651) 291-6100. For 
the Minnesota Department of Transportation, Diane Langenbach, Project 
Manager, Minnesota Department of Transportation, Metro District, 1500 
West County Road B2, Roseville, MN 55113, Phone: (651) 234-7721.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has issued 
at Tier I Record of Decision (ROD) in connection with a proposed 
highway project in the State of Minnesota: Construction of a new Trunk 
Highway (TH) 41 Minnesota River crossing connecting Trunk Highway 169 
and United States (US) Highway 212 in the vicinity of the existing 
Trunk Highway 41. A modified Alternative C-2 corridor was the selected 
alternative in the Tier I FEIS. The selected alternative is an 
approximately 3 mile long, 300-foot wide corridor to accommodate a new 
four-lane east-west regional freeway connection between US 169 and US 
212 that will improve regional accessibility and alleviate traffic 
congestion. Approximately six corridor alternatives were evaluated in 
the Tier I process. The selected alternative is the only corridor build 
alternative to be carried forward into a future Tier II EIS.
    The Tier I final Federal agency decisions, and the laws under which 
such actions were taken, are described in the Tier I Final 
Environmental Impact Statement (FEIS), approved on November 12, 2014, 
in the Record of Decision (ROD) issued on March 16, 2015, and in other 
documents in the project records. The FEIS, ROD, and other documents in 
the project file are available by contacting the Minnesota Division of 
the FHWA or the Minnesota Department of Transportation at the addresses 
provided above. The FEIS and ROD can be viewed on the project Web site 
at https://www.dot.state.mn.us/metro/projects/hwy41bridge/documents.html, or obtained by contacting the individuals listed above.
    This notice applies to all Federal agency decisions that are final 
in the meaning of 23 U.S.C. 139(l)(1) 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 (NEPA) [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
2. Land: Section 4(f) of the Department of Transportation Act of 1966 
[49 U.S.C. 303; 23 U.S.C. 138].
3. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469c].
4. Social and Economic: Farmland Protection Policy Act (FPPA) [7 U.S.C. 
4201-4209]
5. Wetlands and Water Resources: Clean Water Act (Section 404, Section 
401, Section 319) [33 U.S.C. 1251-1387]; Land and Water Conservation 
Fund (LWCF) [16 U.S.C. 4601-4604]; Wetlands Mitigation [23 U.S.C. 
119(g) and 133(b)(14)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-
1287].
6. 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.

(Catalog of 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.)



[[Page 33584]]


    Authority: 23 U.S.C. 139(l)(1).

    Issued on: May 26, 2015.
Arlene Kocher,
Division Administrator.
[FR Doc. 2015-14080 Filed 6-11-15; 8:45 am]
 BILLING CODE 4910-22-P