Notice of Final Federal Agency Actions on Proposed Highway in North Carolina, 12017-12018 [2019-06006]
Download as PDF
Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices
Currituck Bridge project, which
proposes to create a second crossing of
Currituck Sound—north of the Wright
Memorial Bridge—to help alleviate
[FR Doc. 2019–06117 Filed 3–28–19; 8:45 am]
congestion and improve the flow of
BILLING CODE 4910–13–P
evacuation traffic in the event of a
hurricane or severe storm.
The 7-mile toll project includes a twoDEPARTMENT OF TRANSPORTATION
lane bridge that spans Currituck Sound
and connects the Currituck County
Federal Highway Administration
mainland to the Outer Banks. It also
Notice of Final Federal Agency Actions includes a second two-lane bridge that
on Proposed Highway in North
spans Maple Swamp on the Currituck
Carolina
County mainland, connecting Aydlett to
U.S. 158.
AGENCY: Federal Highway
The actions by the Federal agencies,
Administration (FHWA), DOT.
and the laws under which such actions
ACTION: Notice of limitation on claims
were taken, are described in the Final
for Judicial Review of actions by FHWA Environmental Impact Statement (EIS)
and other Federal Agencies.
for the project, approved on January 12,
SUMMARY: This notice announces actions 2012, and the FHWA ROD issued on
March 7, 2019 approving the Midtaken by FHWA and the other Federal
Currituck Bridge project, and in other
agencies that are final. The actions
documents in the project records. The
relate to a proposed new crossing of
Final EIS, ROD, and other documents in
Currituck Sound along the North
the project file are available by
Carolina Coast in Currituck and Dare
contacting FHWA or the NCDOT
Counties, North Carolina. This project,
Turnpike Authority at the addresses
known as the Mid-Currituck Bridge
provided above. The Final EIS and ROD
Project, is also known as State
along with referenced technical
Transportation Improvement Program
documents can be viewed and
Project R–2576. Those actions grant
downloaded from the project website at
licenses, permits, and approvals for the
https://www.ncdot.gov/projects/midproject.
currituck-bridge/Pages/default.aspx or
DATES: A claim seeking judicial review
viewed at the Turnpike Authority office
of the Federal agency actions on the
at 1 South Wilmington Street, Raleigh,
highway project will be barred unless
North Carolina, 27601.
the claim is filled on or before August
The actions by the Federal agencies,
26, 2019. If the Federal law that
and the laws under which such actions
authorizes judicial review of a claim
were taken, are described in the ROD for
provides a time period of less than 150
the project and in other documents in
days for filing such claim, then that
the project file. The ROD and other
shorter time period still applies.
documents in the project file are
FOR FURTHER INFORMATION CONTACT: Mr.
available by contacting FHWA or
Clarence W. Coleman, P. E.,
NCDOT at the addresses provided
Preconstruction and Environment
above. This notice applies to all Federal
Director, Federal Highway
agency decisions as of the issuance date
Administration, 310 New Bern Avenue, of this notice and all laws under which
Suite 410, Raleigh, North Carolina,
such actions were taken, including but
27601–1418; Telephone: (919) 747–
not limited to:
7014; email: clarence.coleman@dot.gov.
1. General: National Environmental
FHWA North Carolina Division Office’s Policy Act (NEPA) [42 U.S.C. 4321–
normal business hours are 8 a.m. to 5
4351]; Federal-Aid Highway Act [23
p.m. (Eastern Time). Mr. Roger D.
U.S.C. 109].
Rochelle, P.E., Chief Engineer2. Air: Clean Air Act [42 U.S.C. 7401–
Innovative Delivery, North Carolina
7671(q)].
Turnpike Authority (NCTA), 1578 Mail
3. Land: Section 4(f) of the
Service Center, Raleigh, North Carolina
Department of Transportation Act of
27699–1578; Telephone (919) 707–2710, 1966 [49 U.S.C. 303]; Landscaping and
email: rdrochelle@dot.state.nc.us.
Scenic Enhancement (Wildflowers) [23
NCTA’s normal business hours are 8
U.S.C. 319].
a.m. to 5 p.m. (Eastern Time).
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
SUPPLEMENTARY INFORMATION: Notice is
1536], Marine Mammal Protection Act
hereby given that FHWA and other
Federal agencies have taken final agency [16 U.S.C. 1361], Anadromous Fish
Conservation Act [16 U.S.C. 757(a)–
actions subject to 23 U.S.C. 139(l)(1) by
757(g)], Fish and Wildlife Coordination
issuing a Record of Decision (ROD) for
Act [16 U.S.C. 661–667(d)], Migratory
the following highway project in the
Bird Treaty Act [16 U.S.C. 703–712],
State of North Carolina: the Mid-
jbell on DSK30RV082PROD with NOTICES
positioning booster seat, during all
phases of flight while on board a U.S.certificated aircraft.
VerDate Sep<11>2014
17:48 Mar 28, 2019
Jkt 247001
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
12017
Magnuson-Stevenson Fishery
Conservation and Management Act of
1976, as amended [16 U.S.C. 1801 et
seq.].
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)–11]; 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 [33 U.S.C. 1251–1377
(Section 404, Section 401, Section 319)];
Coastal Barrier Resources Act [16 U.S.C.
3501–3510]; Coastal Zone Management
Act [16 U.S.C. 1451–1465]; 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]; TEA–21 Wetlands
Mitigation [23 U.S.C. 103(b)(6)(m),
133(b)(11)]; Flood Disaster Protection
Act [42 U.S.C. 4001–4128].
8. Hazardous Materials:
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) [42 U.S.C. 9601–9675];
Superfund Amendments and
Reauthorization Act of 1986 (SARA);
Resource Conservation and Recovery
Act (RCRA) [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.
(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)
E:\FR\FM\29MRN1.SGM
29MRN1
12018
Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices
Issued on: March 20, 2019.
Clarence W. Coleman,
Preconstruction and Environment Director,
Raleigh, North Carolina.
[FR Doc. 2019–06006 Filed 3–28–19; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0079]
Hours of Service of Drivers: PJ
Helicopters, Inc.; Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received an application from PJ
Helicopters, Inc. (PJH) requesting an
exemption from two provisions of the
hours-of-service (HOS) regulations for
its ground support equipment operators.
PJH requested relief from the 14-hour
rule and the requirement that drivers
have 10 consecutive hours off-duty at
the end of the work shift. The
exemption would allow PJH’s ground
support equipment operators a 16-hour
window within which to complete all
driving, and enable these operators to
use an 8-consecutive hour off duty
break, combined with at least two other
off duty hours during the 16-hour
window within which driving would be
completed, in lieu of taking 10
consecutive hours off duty. If granted,
the exemption would cover PJH’s CMV
operators only when they are
responding to or returning from an
active incident as requested by an
officer of a public agency or public
utility. PJH believes that granting these
exemptions will have no adverse safety
impacts while its ground support
equipment operators are responding to
said incidents. FMCSA requests public
comment on PJH’s application for
exemptions.
SUMMARY:
Comments must be received on
or before April 29, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2019–0079 by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
jbell on DSK30RV082PROD with NOTICES
DATES:
VerDate Sep<11>2014
17:48 Mar 28, 2019
Jkt 247001
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., 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 on-line FDMS is available
24 hours each day, 365 days each year.
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: For
information concerning this notice,
please contact Mr. Richard Clemente,
FMCSA Driver and Carrier Operations
Division; Telephone: (202) 366–2722;
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:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2019–0079), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2019–0079’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period
and may grant or not grant this
application based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain Federal Motor Carrier
Safety Regulations (FMCSRs). 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 safety analyses
and public comments submitted, 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 reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
The exemption application from PJ
Helicopters, Inc. (PJH) states that the
company has been serving the utility
helicopter industry as an emergency
response company for over 45 years.
Most of its customers are firefighting
E:\FR\FM\29MRN1.SGM
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Agencies
[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 12017-12018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06006]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
North Carolina
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitation on claims for Judicial Review of actions
by FHWA and other Federal Agencies.
-----------------------------------------------------------------------
SUMMARY: This notice announces actions taken by FHWA and the other
Federal agencies that are final. The actions relate to a proposed new
crossing of Currituck Sound along the North Carolina Coast in Currituck
and Dare Counties, North Carolina. This project, known as the Mid-
Currituck Bridge Project, is also known as State Transportation
Improvement Program Project R-2576. Those actions grant licenses,
permits, and approvals for the project.
DATES: A claim seeking judicial review of the Federal agency actions on
the highway project will be barred unless the claim is filled on or
before August 26, 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: Mr. Clarence W. Coleman, P. E.,
Preconstruction and Environment Director, Federal Highway
Administration, 310 New Bern Avenue, Suite 410, Raleigh, North
Carolina, 27601-1418; Telephone: (919) 747-7014; email:
[email protected]. FHWA North Carolina Division Office's normal
business hours are 8 a.m. to 5 p.m. (Eastern Time). Mr. Roger D.
Rochelle, P.E., Chief Engineer-Innovative Delivery, North Carolina
Turnpike Authority (NCTA), 1578 Mail Service Center, Raleigh, North
Carolina 27699-1578; Telephone (919) 707-2710, email:
[email protected]. NCTA's normal business hours are 8 a.m. to
5 p.m. (Eastern Time).
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other
Federal agencies have taken final agency actions subject to 23 U.S.C.
139(l)(1) by issuing a Record of Decision (ROD) for the following
highway project in the State of North Carolina: the Mid-Currituck
Bridge project, which proposes to create a second crossing of Currituck
Sound--north of the Wright Memorial Bridge--to help alleviate
congestion and improve the flow of evacuation traffic in the event of a
hurricane or severe storm.
The 7-mile toll project includes a two-lane bridge that spans
Currituck Sound and connects the Currituck County mainland to the Outer
Banks. It also includes a second two-lane bridge that spans Maple Swamp
on the Currituck County mainland, connecting Aydlett to U.S. 158.
The actions by the Federal agencies, and the laws under which such
actions were taken, are described in the Final Environmental Impact
Statement (EIS) for the project, approved on January 12, 2012, and the
FHWA ROD issued on March 7, 2019 approving the Mid-Currituck Bridge
project, and in other documents in the project records. The Final EIS,
ROD, and other documents in the project file are available by
contacting FHWA or the NCDOT Turnpike Authority at the addresses
provided above. The Final EIS and ROD along with referenced technical
documents can be viewed and downloaded from the project website at
https://www.ncdot.gov/projects/mid-currituck-bridge/Pages/default.aspx
or viewed at the Turnpike Authority office at 1 South Wilmington
Street, Raleigh, North Carolina, 27601.
The actions by the Federal agencies, and the laws under which such
actions were taken, are described in the ROD for the project and in
other documents in the project file. The ROD and other documents in the
project file are available by contacting FHWA or NCDOT at the addresses
provided above. 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].
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],
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty
Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].
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)-11]; 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 [33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319)]; Coastal Barrier
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16
U.S.C. 1451-1465]; 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]; TEA-21 Wetlands Mitigation [23
U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42
U.S.C. 4001-4128].
8. Hazardous Materials: Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675];
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource
Conservation and Recovery Act (RCRA) [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.
(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)
[[Page 12018]]
Issued on: March 20, 2019.
Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2019-06006 Filed 3-28-19; 8:45 am]
BILLING CODE 4910-RY-P