Notice of Final Federal Agency Actions on Proposed Highways in Colorado, 79131-79132 [2015-31487]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices assured of consideration, comments should be submitted by February 1, 2016. In order to ensure the timely receipt and consideration of comments, USTR strongly encourages commenters to make on-line submissions, using the www.regulations.gov Web site. To submit comments via www.regulations.gov, enter docket number USTR–2015–0021 on the home page and click ‘‘search.’’ The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice and click on the link entitled ‘‘Comment Now!’’ (For further information on using the www.regulations.gov Web site, please consult the resources provided on the Web site by clicking on ‘‘How to Use This Site’’ on the left side of the home page). The www.regulations.gov Web site allows users to provide comments by filling in a ‘‘Type Comment’’ field, or by attaching a document using an ‘‘Upload File’’ field. USTR prefers that comments be provided in an attached document. USTR prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the submission is in an application other than those two, please indicate the name of the application in the ‘‘Type Comment’’ field. For any comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC’’. Any page containing business confidential information must be clearly marked ‘‘BUSINESS CONFIDENTIAL’’ on the top of that page. Filers of submissions containing business confidential information must also submit a public version of their comments. The file name of the public version should begin with the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be followed by the name of the person or entity submitting the comments. Filers submitting comments containing no business confidential information should name their file using the name of the person or entity submitting the comments. Please do not attach separate cover letters to electronic submissions; rather, include any information that might appear in a cover letter in the submission itself. Similarly, to the extent possible, please include any exhibits, annexes, or other attachments in the same file as the submission itself, not as separate files. As noted, USTR strongly urges submitters to file comments through the www.regulations.gov Web site if at all possible. Any alternative arrangements must be made with Ms. Jamison in VerDate Sep<11>2014 19:20 Dec 17, 2015 Jkt 238001 advance of transmitting a comment. Ms. Jamison may be contacted at (202) 395– 3475. General information concerning USTR is available at www.ustr.gov. Comments will be placed in the docket and open to public inspection, except business confidential information. Comments may be viewed on the www.regulations.gov Web site by entering the relevant docket number in the search field on the home page. 79131 business hours are 8:00 a.m. to 4:30 p.m. (Mountain time). SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing approvals for the following highway project in the State of Colorado: C–470, Kipling Parkway to I–25 project, also known as the C–470 Express Lanes project. Project Overview: The project involves adding one managed, tolled express lane in each Edward Gresser, direction between I–25 and Kipling Acting Chair, Trade Policy Staff Committee. Parkway, and a second managed lane as [FR Doc. 2015–31781 Filed 12–17–15; 8:45 am] follows: westbound, I–25 to Lucent BILLING CODE 3290–F6–P Boulevard, and eastbound, Broadway to I–25. The purpose of the project is to provide congestion relief, decrease DEPARTMENT OF TRANSPORTATION travel delay, and improve corridor reliability between Kipling Parkway and Federal Highway Administration I–25 on the C–470 corridor. The actions Notice of Final Federal Agency Actions by the Federal agencies on the project, and the laws under which such actions on Proposed Highways in Colorado were taken, are described in the Revised AGENCY: Federal Highway Environmental Assessment (EA) signed Administration (FHWA), Department of on July 24, 2015, in the Finding of No Transportation (DOT). Significant Impact (FONSI) signed ACTION: Notice of Limitation on Claims November 20, 2015 and in other key for Judicial Review of Actions by FHWA project documents. The Revised EA, and Other Federal Agencies. FONSI, and other key documents for the project are available by contacting the SUMMARY: This notice announces actions FHWA or the Colorado Department of taken by the FHWA and other Federal Transportation at the addresses agencies that are final within the provided above. The Revised EA and meaning of 23 U.S.C. 139(l)(1). The FONSI documents can be viewed and actions relate to the Colorado State downloaded from the project Web site at Highway 470 (C–470) Corridor, Kipling https://www.codot.gov/projects/c470. Parkway to I–25 project located in the This notice applies to all Federal southern portion of the Denver agency decisions, actions, approvals, metropolitan area in Colorado. Those licenses, and permits on the project as actions grant approvals for the project. of the issuance date of this notice, DATES: By this notice, the FHWA is including but not limited to those advising the public of final agency arising under the following laws, as actions subject to 23 U.S.C. 139(l)(1). A amended: claim seeking judicial review of the 1. General: National Environmental Federal agency actions on the highway Policy Act [42 U.S.C. 4321–4370h]; project will be barred unless the claim Federal-Aid Highway Act [23 U.S.C. is filed on or before May 16, 2016. If the 109]. Federal law that authorizes judicial 2. Air: Clean Air Act, as amended [42 review of a claim provides a time period U.S.C. 7401–7671(q)] (transportation of less than 150 days for filing such conformity). claim, then that shorter time period still 3. Land: Section 4(f) of the applies. Department of Transportation Act of 1966 [49 U.S.C. 303]. Landscaping and FOR FURTHER INFORMATION CONTACT: Scenic Enhancement (Wildflowers) [23 Stephanie Gibson, Environmental U.S.C. 319]. Program Manager, Federal Highway 4. Wildlife: Endangered Species Act Administration Colorado Division, [16 U.S.C. 1531–1544]; Fish and 12300 W. Dakota Avenue, Lakewood, Wildlife Coordination Act [16 U.S.C. Colorado 80228, 720–963–3013, 661–667(e)]; Migratory Bird Treaty Act Stephanie.gibson@dot.gov normal business hours are 8:30 a.m. to 5:00 p.m. [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: (Mountain time); or Jon Chesser, Environmental Program Manager, Office Section 106 of the National Historic Preservation Act of 1966 [54 U.S.C. of Major Projects, Colorado Department 306108] Archaeological Resources of Transportation, 4201 E. Arkansas Protection Act of 1977 [16 U.S.C. 470aa– Avenue, Shumate Building, Denver, 470mm]; Archaeological and Historic Colorado 80222, 303–757–9936, Preservation Act [16 U.S.C. 469–469c– Jonathon.chesser@state.co.us, normal PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1 79132 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 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]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 61]. Farmland Protection Policy Act [7 U.S.C. 4201– 4209]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251–1387] (Section 404, Section 401, Section 319); Land and Water Conservation Fund Act [16 U.S.C. 460l–4—460l–11]; Safe Drinking Water Act [42 U.S.C. 300f— 300j–9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Transportation Equity Act for the 21st Century (TEA– 21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood Disaster Protection Act of 1973 [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. Authority: 23 U.S.C. 139(l)(1). Issued on: December 7, 2015. John M. Cater, Division Administrator, Lakewood, Colorado. [FR Doc. 2015–31487 Filed 12–17–15; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 4910–22–P VerDate Sep<11>2014 19:20 Dec 17, 2015 Jkt 238001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 567 (Sub-No. 2X); Docket No. AB 568 (Sub-No. 2X)] Rutherford Railroad Development Corporation—Abandonment Exemption—in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a Thermal Belt Railway—Discontinuance Exemption—in Rutherford County, NC Rutherford Railroad Development Corporation (RRDC) and Southeast Shortlines, Inc. d/b/a Thermal Belt Railway (TBRY) (collectively, applicants), have jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F–Exempt Abandonments and Discontinuances of Service for RRDC to abandon, and for TBRY to discontinue service over, approximately 4.97 miles of rail line, between milepost SB 175.5 near Alexander Mills and milepost SB 180.47 in Spindale, together with a portion of the Bostic Spur, which runs from approximately the northern right of way line of U.S. 74 Business, a distance of approximately 2,441.4′ westerly to a point at or near Rail Milepost SF–407.40 and Rail Valuation Station 5343+22, in Rutherford County, N.C. (the Lines). The Lines traverse United States Postal Service Zip Codes 28043 and 28160. Applicants have certified that: (1) No local traffic has moved over the Lines for at least two years; (2) there is no overhead traffic on the Lines that would have to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Lines (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Lines 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 two-year period; and (4) 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 these exemptions, any employee adversely affected by the abandonment or discontinuance 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. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on January 19, 2016, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 28, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 7, 2016, 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: Jeffrey A. Bandini, Parker Poe Adams & Bernstein LLP, P.O. Box 389, Raleigh, NC 27602. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have 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 December 24, 2015. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, 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), RRDC shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Lines. If consummation has not been effected by RRDC’s filing of a notice of consummation by December 18, 2016, 1 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. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). E:\FR\FM\18DEN1.SGM 18DEN1

Agencies

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79131-79132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31487]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highways in 
Colorado

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.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to the Colorado State Highway 470 (C-470) 
Corridor, Kipling Parkway to I-25 project located in the southern 
portion of the Denver metropolitan area in Colorado. Those actions 
grant approvals for the project.

DATES: By this notice, the FHWA is advising the public of 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 May 16, 2016. If the Federal law 
that authorizes judicial review of a claim provides a time period of 
less than 150 days for filing such claim, then that shorter time period 
still applies.

FOR FURTHER INFORMATION CONTACT: Stephanie Gibson, Environmental 
Program Manager, Federal Highway Administration Colorado Division, 
12300 W. Dakota Avenue, Lakewood, Colorado 80228, 720-963-3013, 
Stephanie.gibson@dot.gov normal business hours are 8:30 a.m. to 5:00 
p.m. (Mountain time); or Jon Chesser, Environmental Program Manager, 
Office of Major Projects, Colorado Department of Transportation, 4201 
E. Arkansas Avenue, Shumate Building, Denver, Colorado 80222, 303-757-
9936, Jonathon.chesser@state.co.us, normal business hours are 8:00 a.m. 
to 4:30 p.m. (Mountain time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
approvals for the following highway project in the State of Colorado: 
C-470, Kipling Parkway to I-25 project, also known as the C-470 Express 
Lanes project. Project Overview: The project involves adding one 
managed, tolled express lane in each direction between I-25 and Kipling 
Parkway, and a second managed lane as follows: westbound, I-25 to 
Lucent Boulevard, and eastbound, Broadway to I-25. The purpose of the 
project is to provide congestion relief, decrease travel delay, and 
improve corridor reliability between Kipling Parkway and I-25 on the C-
470 corridor. The actions by the Federal agencies on the project, and 
the laws under which such actions were taken, are described in the 
Revised Environmental Assessment (EA) signed on July 24, 2015, in the 
Finding of No Significant Impact (FONSI) signed November 20, 2015 and 
in other key project documents. The Revised EA, FONSI, and other key 
documents for the project are available by contacting the FHWA or the 
Colorado Department of Transportation at the addresses provided above. 
The Revised EA and FONSI documents can be viewed and downloaded from 
the project Web site at https://www.codot.gov/projects/c470.
    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-
4370h]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)] 
(transportation conformity).
    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]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(e)]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [54 U.S.C. 306108] Archaeological 
Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archaeological and Historic Preservation Act [16 U.S.C. 469-469c-

[[Page 79132]]

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]; the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 61]. Farmland Protection Policy Act [7 
U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1387] (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund Act [16 U.S.C. 460l-4--460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300f--300j-9.]; Rivers and Harbors Act of 1899 [33 
U.S.C. 401-406]; Transportation Equity Act for the 21st Century (TEA-
21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); 
Flood Disaster Protection Act of 1973 [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.

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

    Issued on: December 7, 2015.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2015-31487 Filed 12-17-15; 8:45 am]
 BILLING CODE 4910-22-P