Notice of Final Federal Agency Actions on Proposed Highway Project in Rhode Island, 2943-2944 [2019-01062]

Download as PDF Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Notices consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by CSXT’s filing of a notice of consummation by February 8, 2020, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: February 5, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–01641 Filed 2–7–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 1252X] amozie on DSK3GDR082PROD with NOTICES1 Eastern Idaho Railroad, L.L.C.— Abandonment Exemption—in Fremont County, Idaho Eastern Idaho Railroad, L.L.C. (EIRR) has filed a verified notice of exemption under 49 CFR pt. 1152 subpart F— Exempt Abandonments to abandon a five-mile rail line located between milepost 28.80 at Egin and milepost 33.80 at Parker, in Fremont County, Idaho (the Line).1 The Line traverses U.S. Postal Service ZIP Codes 83445 and 83438. EIRR has certified that: (1) No local freight traffic has moved over the Line for at least two years; (2) the Line is stub-ended and not capable of handling overhead traffic; (3) no formal complaint filed by a user of rail service on the Line (or a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board or any U.S. District Court or has been decided in favor of a complainant within the twoyear period; and (4) the requirements at 49 CFR 1105.7 and 1105.8 (environmental and historic report), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial 1 Publication of this notice was delayed due to the partial shutdown of the Federal government from December 22, 2018, through January 25, 2019. See 49 CFR 1152.50(d)(3). VerDate Sep<11>2014 17:18 Feb 07, 2019 Jkt 247001 revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received,2 this exemption will be effective on March 12, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by February 15, 2019. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 28, 2019, 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 EIRR’s representative, Karl Morell, Karl Morell and Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. If the verified notice contains false or misleading information, the exemption is void ab initio. EIRR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by February 15, 2019. Interested persons may obtain a copy of the EA by writing to OEA, 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 at (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. 2 The Board modified its OFA procedures effective July 29, 2017. Among other things, the OFA process now requires potential offerors, in their formal expression of intent, to make a preliminary financial responsibility showing based on a calculation using information contained in the carrier’s filing and publicly available information. See Offers of Financial Assistance, EP 729 (STB served June 29, 2017); 82 FR 30997 (July 5, 2017). 3 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. 4 Each OFA must be accompanied by the filing fee, which currently is set at $1,800. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 2943 Pursuant to the provisions of 49 CFR 1152.29(e)(2), EIRR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by EIRR’s filing of a notice of consummation by February 8, 2020, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: February 5, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–01633 Filed 2–7–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway Project in Rhode Island Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by FHWA. AGENCY: This notice announces actions taken by the FHWA that are final pursuant to the statute. The actions relate to a proposed highway project, Toll Locations 3,4 & 6 through 13 in the Cities/Towns of Warwick, Providence, Pawtucket, Cranston, Johnston, Cumberland, East Providence, Lincoln and North Smithfield in the State of Rhode Island, FHWA Project Number T0LL002, Rhode Island Department of Transportation (RIDOT) Contract Number 2017–OT–002. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(1)(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 July 8, 2019. 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: For FHWA: Mr. Carlos E. Padilla-Fresse, MSCE, Program Delivery Supervisor, Federal Highway Administration Rhode Island Division, 380 Westminster Mall, Suite 601, Providence, Rhode Island 02903: telephone: (401) 528–4577; SUMMARY: E:\FR\FM\08FEN1.SGM 08FEN1 2944 Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Notices email: Carlos.Padilla@dot.gov. The FHWA Rhode Island Division Office’s normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time), Monday through Friday, except Federal Holidays. For RIDOT: Mr. David Fish, P.E., Administrator of Project Management, Rhode Island Department of Transportation, Two Capitol Hill, Providence, Rhode Island 02903–1124, telephone: (401) 222–2023, email: david.fish@dot.ri.gov. RIDOT normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time), Monday through Friday, except Federal Holidays. Notice is hereby given that the FHWA has taken final agency actions subject to 23 U.S.C. 139(1)(1) by issuing a Finding of No Significant Impact (FONSI) for the following highway project in the State of Rhode Island: Toll Locations 3, 4 & 6 through 13 in the Cities/Towns of Warwick, Providence, Pawtucket, Cranston, Johnston, Cumberland, East Providence, Lincoln and North Smithfield. RIDOT proposes to construct and operate electronic toll systems at ten locations along Interstates 95, 195 and 295, and Route 146 and US Route 6 (Proposed Action). Revenue from Toll Locations 3, 4 & 6 through 13 would be generated and used in accordance with The Rhode Island Bridge Replacement, Reconstruction and Maintenance Fund Act of 2016. The proposed toll systems would be used to collect toll revenue from a tractor or truck tractor as defined in 23 CFR 658.5, pulling a trailer or trailers traveling across select bridges associated with the toll locations. Each toll system would be comprised of one or more gantries with communication and electrical connections, a roadside cabinet on a concrete pad, and additional safety guardrail. The actions by the FHWA, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) for the project approved on November 8, 2018, and a Finding of No Significant Impact (FONSI) issued on December 14, 2018, and in other documents in the project records. The EA, FONSI, and other project records are available by contacting the FHWA or the Rhode Island Department of Transportation at the addresses provided above. The EA and FONSI can be viewed and downloaded from the project website at https://www.dot.ri.gov/rhodeworks/. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which amozie on DSK3GDR082PROD with NOTICES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:18 Feb 07, 2019 Jkt 247001 such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4370h]; Federal-Aid Highway Act [Title 23] and associated regulations [CFR part 23]. 2. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986 [P.L. 99–499]; Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]; Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.). 3. Air: Clean Air Act, [42 U.S.C. 7401– 7671(q)] (transportation conformity). 4. Noise: 23 U.S.C. 109(i) (P.L. 91– 605) (P.L. 93–87). 5. 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]. Plant Protection Act [7 U.S.C. 7701 et seq.]. 6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, [54 U.S.C. 306108]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–470(mm)]; Archeological and Historic Preservation Act [16 U.S.C. 469–469 c–2]; Native American Grave Protection and Repatriation Act [25 U.S.C. 3001–3013]. 7. Land: Section 4(f) of The Department of Transportation Act: [49 U.S.C. 303; 23 U.S.C. 138] Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 8. Wetlands and Water Resources: Clean Water Act [33 U.S.C 1251–1387 (Sections 319, 401, and 404)); Flood Disaster Protection Act (42 U.S.C.4012a 4106). 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11988 Floodplain Management; E.O. 13175 Consultation and Coordination with Indian Tribal Governments. (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(/)(1). PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 Issued on: December 20, 2018. Carlos C. Machado, FHWA Rhode Island Division Administrator, Providence, Rhode Island. [FR Doc. 2019–01062 Filed 2–7–19; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in Utah Utah Department of Transportation (UDOT), Federal Highway Administration (FHWA), Department of Transportation. ACTION: Notice of limitation on claims for judicial review of actions taken by UDOT on behalf of FHWA. AGENCY: This notice announces certain actions taken by UDOT that are final Federal agency actions within the meaning of 23 U.S.C. 139(l)(1). These actions relate to a proposed highway project on Interstate 15 (I–15) Northbound, from Bangerter Highway to Interstate 215 (I–215), in the County of Salt Lake, State of Utah. Those actions grant licenses, permits and/or approvals for the project. DATES: By this notice, the FHWA, on behalf of UDOT, is advising the public of final Federal 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 July 8, 2019. 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: Brandon Weston, Director of Environmental Services, UDOT Environmental Services, PO Box 143600, Salt Lake City, UT 84114; telephone: (801) 965–4603; email: brandonweston@utah.gov. UDOT’s normal business hours are 8:00 a.m. to 5:00 p.m. (Mountain Standard Time), Monday through Friday, except State and Federal holidays. SUPPLEMENTARY INFORMATION: Effective January 17, 2017, FHWA assigned to UDOT certain responsibilities of FHWA for environmental review, consultation, and other actions required by applicable Federal environmental laws and regulations for highway projects in Utah, pursuant to 23 U.S.C. 327. Actions taken by UDOT on FHWA’s behalf pursuant to 23 U.S.C. 327 constitute Federal agency actions for purposes of Federal law. Notice is hereby given that SUMMARY: E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2943-2944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01062]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway 
Project in Rhode Island

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (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 the FHWA that are final 
pursuant to the statute. The actions relate to a proposed highway 
project, Toll Locations 3,4 & 6 through 13 in the Cities/Towns of 
Warwick, Providence, Pawtucket, Cranston, Johnston, Cumberland, East 
Providence, Lincoln and North Smithfield in the State of Rhode Island, 
FHWA Project Number T0LL002, Rhode Island Department of Transportation 
(RIDOT) Contract Number 2017-OT-002.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(1)(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 July 8, 2019. 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: For FHWA: Mr. Carlos E. Padilla-
Fresse, MSCE, Program Delivery Supervisor, Federal Highway 
Administration Rhode Island Division, 380 Westminster Mall, Suite 601, 
Providence, Rhode Island 02903: telephone: (401) 528-4577;

[[Page 2944]]

email: Carlos.Padilla@dot.gov. The FHWA Rhode Island Division Office's 
normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard 
Time), Monday through Friday, except Federal Holidays. For RIDOT: Mr. 
David Fish, P.E., Administrator of Project Management, Rhode Island 
Department of Transportation, Two Capitol Hill, Providence, Rhode 
Island 02903-1124, telephone: (401) 222-2023, email: 
david.fish@dot.ri.gov. RIDOT normal business hours are 8:00 a.m. to 
4:30 p.m. (Eastern Standard Time), Monday through Friday, except 
Federal Holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions subject to 23 U.S.C. 139(1)(1) by issuing a 
Finding of No Significant Impact (FONSI) for the following highway 
project in the State of Rhode Island: Toll Locations 3, 4 & 6 through 
13 in the Cities/Towns of Warwick, Providence, Pawtucket, Cranston, 
Johnston, Cumberland, East Providence, Lincoln and North Smithfield. 
RIDOT proposes to construct and operate electronic toll systems at ten 
locations along Interstates 95, 195 and 295, and Route 146 and US Route 
6 (Proposed Action). Revenue from Toll Locations 3, 4 & 6 through 13 
would be generated and used in accordance with The Rhode Island Bridge 
Replacement, Reconstruction and Maintenance Fund Act of 2016. The 
proposed toll systems would be used to collect toll revenue from a 
tractor or truck tractor as defined in 23 CFR 658.5, pulling a trailer 
or trailers traveling across select bridges associated with the toll 
locations. Each toll system would be comprised of one or more gantries 
with communication and electrical connections, a roadside cabinet on a 
concrete pad, and additional safety guardrail.
    The actions by the FHWA, and the laws under which such actions were 
taken, are described in the Environmental Assessment (EA) for the 
project approved on November 8, 2018, and a Finding of No Significant 
Impact (FONSI) issued on December 14, 2018, and in other documents in 
the project records. The EA, FONSI, and other project records are 
available by contacting the FHWA or the Rhode Island Department of 
Transportation at the addresses provided above. The EA and FONSI can be 
viewed and downloaded from the project website at https://www.dot.ri.gov/rhodeworks/.
    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. 
4321-4370h]; Federal-Aid Highway Act [Title 23] and associated 
regulations [CFR part 23].
    2. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [P.L. 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)]; Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976 (42 U.S.C. 6901, et seq.).
    3. Air: Clean Air Act, [42 U.S.C. 7401-7671(q)] (transportation 
conformity).
    4. Noise: 23 U.S.C. 109(i) (P.L. 91-605) (P.L. 93-87).
    5. 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]. Plant Protection Act [7 U.S.C. 7701 et seq.].
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, [54 U.S.C. 306108]; Archeological 
Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(mm)]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469 c-2]; 
Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-
3013].
    7. Land: Section 4(f) of The Department of Transportation Act: [49 
U.S.C. 303; 23 U.S.C. 138] Farmland Protection Policy Act (FPPA) [7 
U.S.C. 4201-4209].
    8. Wetlands and Water Resources: Clean Water Act [33 U.S.C 1251-
1387 (Sections 319, 401, and 404)); Flood Disaster Protection Act (42 
U.S.C.4012a 4106).
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low Income Populations; E.O. 11988 Floodplain 
Management; E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments.

(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(/)(1).


    Issued on: December 20, 2018.
Carlos C. Machado,
FHWA Rhode Island Division Administrator, Providence, Rhode Island.
[FR Doc. 2019-01062 Filed 2-7-19; 8:45 am]
 BILLING CODE 4910-22-P