Notice of Final Federal Agency Actions on Proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project Between Exits 51 & 52 (Eastbound) in the Town of Huntington, Suffolk County, New York, 65695-65696 [2016-22700]

Download as PDF Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices sradovich on DSK3GMQ082PROD with NOTICES original new alignment Tier 1 corridors for Segment II/III were deemed not reasonable due to their potential for significant environmental impacts and extensive public controversy. ODOT is moving forward with the project development process to consider alternatives that have the potential for lower overall impacts, focusing on improvements to existing transportation corridors rather than new alignments through this environmentally complex area. Alignment alternatives on existing SR 32, US 50 and other roadways could include: Adding turn lanes, interchange improvements, widening to enhance capacity; minor realignments; improving signal timing and/or coordination; installing new signal(s); and other improvements. If any of these improvements require the preparation of an Environmental Impact Statement, future Notices of Intent may be filed. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by ODOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 11, 2015, and executed by FHWA and ODOT. (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.) actions relate to the proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project between Exits 51 & 52 (eastbound) in the Town of Huntington, Suffolk County, New York (NYSDOT Project Identification Number: 0229.14). Those actions rescind the Record of Decision (ROD) and the Final Environmental Impact Statement (FEIS) dated May 21, 2007. The ROD was signed by FHWA on August 6, 2007. By this notice, 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 150 days after publication of this notice in the Federal Register. DATES: FOR FURTHER INFORMATION CONTACT: Peter Osborn, Division Administrator, Federal Highway Administration, New York Division, Leo W. O’Brien Federal Building, Suite 719, Clinton Avenue and North Pearl Street, Albany, New York 12207. Telephone (518) 431–4127 Notice is hereby given that FHWA has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing a Rescission of the Record of Decision and a Rescission of the Final Environmental Impact Statement (FEIS) for the proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project between Exits 51 & 52 (eastbound) in the Town of Huntington, Suffolk County, New York. The FHWA, as the lead Federal agency, in cooperation with the New York State Department of Transportation Issued on: September 6, 2016. (NYSDOT) signed a ROD on August 6, Robert L. Griffith, 2007, for the proposed Interstate 495 Acting Division Administrator, Federal (Long Island Expressway) Rest Area Highway Administration, Columbus, Ohio. Upgrade Project between Exits 51 & 52 [FR Doc. 2016–22910 Filed 9–22–16; 8:45 am] (eastbound). The proposed project BILLING CODE 4910–22–P evaluated alternatives for upgrading the existing rest area for cars and trucks DEPARTMENT OF TRANSPORTATION located on I–495/LIE eastbound between Exits 51 and 52. Since the ROD was signed, NYSDOT notified FHWA that Federal Highway Administration Federal funds will not be utilized Notice of Final Federal Agency Actions during the final design and construction on Proposed Interstate 495 (Long of the project. Therefore, FHWA has Island Expressway) Rest Area Upgrade determined that the ROD and the Final Project Between Exits 51 & 52 Environmental Impact Statement dated (Eastbound) in the Town of May 21, 2007, will be rescinded since Huntington, Suffolk County, New York there will be no Federal action, and the requirements of the National AGENCY: Federal Highway Environmental Policy Act pursuant to Administration (FHWA), DOT. 42 U.S.C. 4321, et seq. and 23 Code of ACTION: Notice of Limitation on Claims Federal Regulations 771 no longer for Judicial Review of Actions by apply. FHWA. This notice applies to all Federal SUMMARY: This notice announces actions agency decisions as of the issuance date of this notice and all laws under which taken by FHWA and other Federal such actions were taken, including but agencies that are final within the not limited to: meaning of 23 U.S.C. 139(l)(1). The VerDate Sep<11>2014 18:22 Sep 22, 2016 Jkt 238001 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 65695 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. Air: Clean Air Act [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 and Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)]; 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, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–470(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [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 (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1377]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe 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]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster Protection Act, 42 U.S.C. 4001–4128. 8. 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 E:\FR\FM\23SEN1.SGM 23SEN1 65696 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1) Issued on: September 12, 2016. Peter Osborn, Division Administrator, Federal Highway Administration, Albany, New York. [FR Doc. 2016–22700 Filed 9–22–16; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0480] Commercial Driver’s License Standards: Application for Exemption; CRST Expedited Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: Notice of final disposition; grant of application for exemption. ACTION: FMCSA announces its decision to grant CRST Expedited (CRST) an exemption from the regulation that requires a commercial learner’s permit (CLP) holder to be accompanied by a commercial driver’s license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle (CMV) for CRST without being accompanied by a CDL holder in the front seat of the vehicle. The exemption enables CLP holders to drive as part of a team and have the same regulatory flexibility as CRST team drivers with CDLs. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. SUMMARY: The exemption is effective from September 23, 2016 through September 24, 2018. sradovich on DSK3GMQ082PROD with NOTICES DATES: Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (614) 942–6477. Email: MCPSD@dot.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:22 Sep 22, 2016 Jkt 238001 Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from some of 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 determines whether granting 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, and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Request for Exemption CRST is one of the nation’s largest transportation companies with a fleet of more than 4,500 CMVs. CRST seeks an exemption from 49 CFR 383.25(a)(1) that would allow CLP holders who have successfully passed a CDL skills test and are thus eligible to receive a CDL, to drive a truck without a CDL holder being present in the front seat of the vehicle. CRST indicates that the CDL holder will remain in the vehicle at all times while the CLP holder is driving— just not in the front seat. This would allow a CLP holder to participate in a revenue-producing trip back to his or her State of domicile to obtain the CDL document, as the CDL can only be issued by the State of domicile in accordance with 49 CFR part 383. CRST noted the trucking industry’s need for qualified and well-trained drivers to meet increasing shipping demands. CRST believes that 49 CFR 383.25(a)(1) limits its ability to efficiently recruit, train, and employ new entrants to the industry. Prior to the implementation of section 385.25(a)(1), States routinely issued temporary CDLs to drivers who passed the CDL skills test. The temporary CDL allowed CRST time to route the new driver to his or her State of domicile to PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 obtain the permanent CDL and place the new driver into an on-the-job training position with a driver-trainer. The driver-trainer supervised and observed the new driver, but was not required to be on duty and in the front seat at all times. Thus, the new driver became productive immediately, allowing more freight movement for CRST and compensation for the new driver. CRST contends that compliance with the CDL rule places them in a very difficult position regarding how they return CLP holders who have passed their skills testing to their State of domicile to obtain their CDL. According to CRST, the two possible courses of action in this scenario are simple, yet costly: (1) CRST sends CLP holders to their home State by public transportation to obtain the CDL and hopes the drivers return to CRST for employment; or (2) CRST sends CLP holders back to their home State as passengers on one of its trucks. Granting the exemption would allow the CLP holder to drive as part of a team on that trip, resulting in reduced costs and increased productivity. CRST asserts that the exemption would be consistent with the Agency’s comments in the preamble to the final rule adopting § 383.25 that ‘‘FMCSA does not believe that it is safe to permit inexperienced drivers who have not passed the CDL skills test to drive unaccompanied.’’ (76 FR 26854, 26861 May 9, 2011). The exemption sought would apply only to those CRST drivers who have passed the CDL skills test and hold a CLP. CRST believes that the exemption would result in a level of safety that is equivalent to or greater than the level of safety provided under the rule. The only difference between a CLP holder who has passed the CDL skills test and a CDL holder is that the latter has received the actual CDL document from a State driver licensing agency. Public Comments On January 5, 2016, FMCSA published notice of this application and requested public comment (81 FR 291). The Agency received 56 comments. Most of the comments opposed to the CRST request were from truck drivers, driver-trainers, and other individuals. These respondents do not believe that it is safe for a CLP holder to operate a CMV without the supervision of a CDL driver-trainer in the front seat of the truck. The Iowa Motor Truck Association (IMTA) supported the exemption request, commenting that if CLP holders are properly trained and tested, the fact that they have not yet obtained their E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65695-65696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22700]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Interstate 495 
(Long Island Expressway) Rest Area Upgrade Project Between Exits 51 & 
52 (Eastbound) in the Town of Huntington, Suffolk County, New York

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.

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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 proposed Interstate 495 (Long Island Expressway) 
Rest Area Upgrade Project between Exits 51 & 52 (eastbound) in the Town 
of Huntington, Suffolk County, New York (NYSDOT Project Identification 
Number: 0229.14). Those actions rescind the Record of Decision (ROD) 
and the Final Environmental Impact Statement (FEIS) dated May 21, 2007. 
The ROD was signed by FHWA on August 6, 2007.

DATES: By this notice, 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 150 days after publication of 
this notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Peter Osborn, Division Administrator, 
Federal Highway Administration, New York Division, Leo W. O'Brien 
Federal Building, Suite 719, Clinton Avenue and North Pearl Street, 
Albany, New York 12207. Telephone (518) 431-4127

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing a 
Rescission of the Record of Decision and a Rescission of the Final 
Environmental Impact Statement (FEIS) for the proposed Interstate 495 
(Long Island Expressway) Rest Area Upgrade Project between Exits 51 & 
52 (eastbound) in the Town of Huntington, Suffolk County, New York. The 
FHWA, as the lead Federal agency, in cooperation with the New York 
State Department of Transportation (NYSDOT) signed a ROD on August 6, 
2007, for the proposed Interstate 495 (Long Island Expressway) Rest 
Area Upgrade Project between Exits 51 & 52 (eastbound). The proposed 
project evaluated alternatives for upgrading the existing rest area for 
cars and trucks located on I-495/LIE eastbound between Exits 51 and 52. 
Since the ROD was signed, NYSDOT notified FHWA that Federal funds will 
not be utilized during the final design and construction of the 
project. Therefore, FHWA has determined that the ROD and the Final 
Environmental Impact Statement dated May 21, 2007, will be rescinded 
since there will be no Federal action, and the requirements of the 
National Environmental Policy Act pursuant to 42 U.S.C. 4321, et seq. 
and 23 Code of Federal Regulations 771 no longer apply.
    This notice applies to all Federal agency decisions 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. Air: Clean Air Act [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 and 
Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; 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, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation 
Act (NAGPRA) [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 (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Land and Water 
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe 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]; Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    8. 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

[[Page 65696]]

Federal programs and activities apply to this program.)

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

    Issued on: September 12, 2016.
Peter Osborn,
Division Administrator, Federal Highway Administration, Albany, New 
York.
[FR Doc. 2016-22700 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-RY-P