Notice of Final Federal Agency Actions on Proposed Highway in Utah, 8559-8560 [2019-04229]

Download as PDF Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices STATE JUSTICE INSTITUTE SJI Board of Directors Meeting, Notice State Justice Institute. Notice of meeting. AGENCY: ACTION: The SJI Board of Directors will be meeting on Monday, April 1, 2019 at 1:00 p.m. The meeting will be held at the National Center for State Courts Headquarters in Williamsburg, Virginia. The purpose of this meeting is to consider grant applications for the 2nd quarter of FY 2019, and other business. All portions of this meeting are open to the public. ADDRESSES: National Center for State Courts Headquarters, 300 Newport Drive, Williamsburg, Virginia, 23185. FOR FURTHER INFORMATION CONTACT: Jonathan Mattiello, Executive Director, State Justice Institute, 11951 Freedom Drive, Suite 1020, Reston, VA 20190, 571–313–8843, contact@sji.gov. SUMMARY: Jonathan D. Mattiello, Executive Director. [FR Doc. 2019–04267 Filed 3–7–19; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD [Docket No. FD 36262] Lake State Railway Company—Lease Exemption With Interchange Commitment—Line of CSX Transportation, Inc. Lake State Railway Company (LSRC), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease a line of railroad owned by CSXT Transportation, Inc. (CSXT), located in the State of Michigan (the Line). The Line, which LSRC refers to as the Plymouth Line, extends from milepost CC 25.98 at Mount Morris, Mich., to approximately milepost CC 78.9 at Middle River (Plymouth), Mich., a distance of approximately 52.92 miles. In the verified notice, LSRC states that LSRC and CSXT will execute a Land and Rail Improvements Lease Agreement and a related Amended and Restated Freight Operating Agreement providing for LSRC’s lease and operation of the Line. According to LSRC, CSXT will retain overhead trackage rights on the portion of the Line extending between McGrew Yard at or near milepost CC 29 and the connection with Grand Trunk Western Railroad Company (GTW) at or near milepost CC 33.1 Additionally, LSRC 1 According to LSRC, CSXT will utilize its overhead trackage rights in connection with its VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 states that it will provide haulage service for CSXT between Flint and Plymouth, and that CSXT will separately retain contingent overhead trackage rights on the Line between Flint and Middle River that can be exercised by CSXT in the future, upon the occurrence of certain events, in lieu of LSRC haulage service. LSRC certifies that its projected revenues resulting from this transaction will not result in the creation of a Class I or Class II rail carrier but it states that its annual revenues exceed $5 million. Accordingly, LSRC is required by Board regulations to send notice of the transaction to the national offices of the labor unions with employees on the affected lines, post a copy of the notice at the workplace of the employees on the affected lines, and certify to the Board that it has done so, at least 60 days before the exemption is to become effective. 49 CFR 1150.42(e). LSRC filed its certification on January 28, 2019.2 LSRC has disclosed in its verified notice that its lease agreement with CSXT contains an interchange commitment that assesses LSRC an additional per carload rental fee for traffic that originates or terminates on the Line and is not interchanged with CSXT.3 LSRC has provided additional information regarding the interchange commitment as required by 49 CFR 1150.43(h). The transaction may be consummated on or after March 29, 2019.4 If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than March 22, 2019 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD existing trackage rights over GTW’s rail line between Flint, Mich., and Port Huron, Mich. See CSX Transp.—Trackage Rights Exemption—Grand Trunk W. R.R., FD 31386 (ICC served Mar. 31, 1989). 2 LSRC states that it electronically submitted its certification to the Board on January 11, 2019. However, because of the partial shutdown of the Federal government, the certification is considered filed on January 28, 2019. See Filings Submitted or Due to Be Submitted During the Partial Fed. Gov’t Shutdown, EP 751 (STB served Jan. 28, 2019). 3 LSRC filed under seal copies of the parties’ agreements with its verified notice of exemption. See 49 CFR 1150.43(h)(1). 4 Although 49 CFR 1150.42(b) provides that the exemption will be effective 30 days after the verified notice is filed, the transaction may not be consummated until 60 days after LSRC certified its compliance with 49 CFR 1150.42(e). PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 8559 36262, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on LSRC’s representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. According to LSRC, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: March 5, 2019. By the Board, Allison C. Davis, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–04287 Filed 3–7–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway 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. These actions relate to a proposed highway project on Interstate 15 (I–15) at and in the vicinity of the Payson Main Street Interchange (exit 250) in the County of Utah, 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 August 5, 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: Naomi Kisen, Environmental Program Manager, UDOT Environmental Services, PO Box 143600, Salt Lake City, UT 84114; telephone: (801) 965–4005; email: nkisen@utah.gov. UDOT’s normal business hours are 8:00 a.m. to 5:00 p.m. (Mountain Standard Time), Monday SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1 8560 Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices 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 UDOT has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the I–15; Payson Main Street Interchange project in the State of Utah. This project proposes to address current and future travel demand and improve safety at the Payson Main Street Interchange. The project includes reconfiguring the Main Street Interchange to increase capacity and realigning Main Street to connect to 900 North. A new interchange would be constructed northeast of the existing Main Street Interchange, connecting Nebo Beltway to I–15. Nebo Beltway— a new five lane arterial road—would connect I–15 to Main Street (SR–115) and SR–198. Braided ramps (i.e., ramps that cross over each other) would connect the Main Street and Nebo Beltway interchanges. Finally, the railroad west of I–15 would be realigned to accommodate interchange improvements and provide grade separation at surface streets. These improvements were identified in the Environmental Impact Statement (EIS) as Alternative C1. The actions by UDOT, and the laws under which such actions were taken, are described in the EIS and UDOT Record of Decision (ROD) for the project (Record of Decision, Environmental Impact Statement, 1–15; Payson Main Street Interchange in Utah County, Utah, Project No. F–I15– 6(214)251), issued on February 8, 2019, and in other documents in the UDOT project records. The EIS and ROD, and other project records are available by contacting UDOT at the address provided above. The EIS and ROD can also be viewed and downloaded from the project website at https:// www.udot.utah.gov/paysoneis/ index.php. This notice applies to the EIS, the ROD, the Section 4(f) determination, the NHPA Section 106 review, the noise assessment, the Endangered Species Act determination, and all other UDOT decisions and other actions with respect to the project as of the issuance date of this notice and all laws under which such actions were taken, including but VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 not limited to the following laws (including their implementing regulations): 1. General: National Environmental Policy Act,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– 7671q. 3. Land: Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303; 23 U.S.C. 138; Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. 4. Wildlife: Endangered Species Act, 16 U.S.C. 1531–1544 and Section 1536; Fish and Wildlife Coordination Act, 16 U.S.C. 661–667d; Migratory Bird Treaty Act, 16 U.S.C. 703–712. 5. Water: Section 404 of the Clean Water Act, 33 U.S.C. 1344; E.O. 11990, Protection of Wetlands; Section 402 of the Clean Water Act, 33 U.S.C. 1342. 6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, 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. 7. Noise: Federal-Aid Highway Act of 1970, Public Law 91–605, 84 Stat. 1713. 8. Executive Orders: E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13287 Preserve America; E.O. 12898, Federal Actions to Address Environmental Justice and Low-Income Populations. 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: Dated: March 1, 2019. Ivan Marrero, Division Administrator, Federal Highway Administration, Salt Lake City, Utah. [FR Doc. 2019–04229 Filed 3–7–19; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2019–0001] Surface Transportation Project Delivery Program; Ohio Department of Transportation Audit Report Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice; request for comment. AGENCY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 The Moving Ahead for Progress in the 21st Century Act (MAP– 21) established the Surface Transportation Project Delivery Program that allows a State to assume FHWA’s environmental responsibilities for environmental review, consultation, and compliance under the National Environmental Policy Act (NEPA) for Federal highway projects. When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed, in lieu of FHWA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements. This notice announces and solicits comments on the third audit report for the Ohio Department of Transportation (ODOT). DATES: Comments must be received on or before April 8, 2019. ADDRESSES: Mail or hand deliver comments to Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590. You may also submit comments electronically at www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a selfaddressed, stamped postcard, or may print the acknowledgment page that appears after submitting comments electronically. Anyone can search the electronic form of all comments in any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). The DOT posts these comments, without edits, 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. James G. Gavin, Office of Project Development and Environmental Review, (202) 366–1473, James.Gavin@ dot.gov, Federal Highway Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, or Mr. David Sett, Office of the Chief Counsel, (404) 562–3676, david.sett@ dot.gov, Federal Highway SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8559-8560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04229]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Utah

AGENCY: 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.

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SUMMARY: This notice announces certain actions taken by UDOT that are 
final Federal agency actions. These actions relate to a proposed 
highway project on Interstate 15 (I-15) at and in the vicinity of the 
Payson Main Street Interchange (exit 250) in the County of Utah, 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 
August 5, 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: Naomi Kisen, Environmental Program 
Manager, UDOT Environmental Services, PO Box 143600, Salt Lake City, UT 
84114; telephone: (801) 965-4005; email: nkisen@utah.gov. UDOT's normal 
business hours are 8:00 a.m. to 5:00 p.m. (Mountain Standard Time), 
Monday

[[Page 8560]]

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 UDOT has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the I-15; Payson Main Street 
Interchange project in the State of Utah. This project proposes to 
address current and future travel demand and improve safety at the 
Payson Main Street Interchange. The project includes reconfiguring the 
Main Street Interchange to increase capacity and realigning Main Street 
to connect to 900 North. A new interchange would be constructed 
northeast of the existing Main Street Interchange, connecting Nebo 
Beltway to I-15. Nebo Beltway--a new five lane arterial road--would 
connect I-15 to Main Street (SR-115) and SR-198. Braided ramps (i.e., 
ramps that cross over each other) would connect the Main Street and 
Nebo Beltway interchanges. Finally, the railroad west of I-15 would be 
realigned to accommodate interchange improvements and provide grade 
separation at surface streets. These improvements were identified in 
the Environmental Impact Statement (EIS) as Alternative C1. The actions 
by UDOT, and the laws under which such actions were taken, are 
described in the EIS and UDOT Record of Decision (ROD) for the project 
(Record of Decision, Environmental Impact Statement, 1-15; Payson Main 
Street Interchange in Utah County, Utah, Project No. F-I15-6(214)251), 
issued on February 8, 2019, and in other documents in the UDOT project 
records. The EIS and ROD, and other project records are available by 
contacting UDOT at the address provided above. The EIS and ROD can also 
be viewed and downloaded from the project website at https://www.udot.utah.gov/paysoneis/index.php.
    This notice applies to the EIS, the ROD, the Section 4(f) 
determination, the NHPA Section 106 review, the noise assessment, the 
Endangered Species Act determination, and all other UDOT decisions and 
other actions with respect to the project as of the issuance date of 
this notice and all laws under which such actions were taken, including 
but not limited to the following laws (including their implementing 
regulations):
    1. General: National Environmental Policy Act,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. 7401-7671q.
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966, 49 U.S.C. 303; 23 U.S.C. 138; Landscaping and Scenic Enhancement 
(Wildflowers), 23 U.S.C. 319.
    4. Wildlife: Endangered Species Act, 16 U.S.C. 1531-1544 and 
Section 1536; Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d; 
Migratory Bird Treaty Act, 16 U.S.C. 703-712.
    5. Water: Section 404 of the Clean Water Act, 33 U.S.C. 1344; E.O. 
11990, Protection of Wetlands; Section 402 of the Clean Water Act, 33 
U.S.C. 1342.
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, 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.
    7. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605, 84 
Stat. 1713.
    8. Executive Orders: E.O. 11593 Protection and Enhancement of 
Cultural Resources; E.O. 13287 Preserve America; E.O. 12898, Federal 
Actions to Address Environmental Justice and Low-Income Populations.

(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: Dated: March 1, 2019.
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City, 
Utah.
[FR Doc. 2019-04229 Filed 3-7-19; 8:45 am]
 BILLING CODE 4910-RY-P