Notice of Final Federal Agency Actions on Proposed Highway in Utah, 12662-12663 [2019-06358]

Download as PDF 12662 Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices of up to 0.997 mgd (peak day) (Docket No. 20150310). 17. Project Sponsor and Facility: Village of Windsor, Broome County, N.Y. Application for groundwater withdrawal of up to 0.380 mgd (30-day average) from Well 1. 18. Project Sponsor and Facility: Village of Windsor, Broome County, N.Y. Application for groundwater withdrawal of up to 0.380 mgd (30-day average) from Well 2. Commission-Initiated Project Approval Modifications 1. Project Sponsor and Facility: East Donegal Township Municipal Authority, East Donegal Township, Lancaster County, Pa. Conforming the grandfathering amount with the forthcoming determination for a withdrawal of up to 0.351 mgd (30-day average) from Glatfelter Springs (Docket No. 20110305). 2. Project Sponsor and Facility: Hanover Country Club, Abbottstown Borough, Adams County, Pa. Conforming the grandfathering amount with the forthcoming determination for a groundwater withdrawal of up to 0.122 mgd (30-day average) from Well 1 and up to 0.108 mgd (30-day average) from Well 2 (Docket No. 20020828). 3. Project Sponsor and Facility: Mars Wrigley Confectionery US, LLC, Elizabethtown Borough, Lancaster County, Pa. Conforming the grandfathering amount with the forthcoming determination for groundwater withdrawal of up to 0.112 mgd (30-day average) from Well 6 (Docket No. 20010804). Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808. Dated: March 27, 2019. Jason E. Oyler, General Counsel and Secretary to the Commission. [FR Doc. 2019–06289 Filed 4–1–19; 8:45 am] BILLING CODE 7040–01–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. amozie on DSK9F9SC42PROD with NOTICES AGENCY: This notice announces certain actions taken by UDOT that are final SUMMARY: VerDate Sep<11>2014 18:45 Apr 01, 2019 Jkt 247001 Federal agency actions. These actions relate to Purgatory Road, a proposed highway project between State Route (SR) 9 and Southern Parkway (SR 7), in the County of Washington, 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 30, 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, P.O. 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 Time Zone), 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 UDOT has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the Purgatory Road; SR 9 to Southern Parkway project in the State of Utah. The Purgatory Road project proposes to improve regional system linkage and mobility between SR 9 and Southern Parkway. The project includes constructing a new three-lane roadway on new alignment between SR 9 and Southern Parkway. The proposed alignment would begin at SR 9 and follow the existing 5300 West alignment until the Quail Creek Industrial Park. The alignment would then run generally southward along the existing dirt road on the east side of the Purgatory Flat until approximately Landfill Road where it would swing to the west. The alignment would then cross the Virgin River via a new approximate 400-feet long, three-span structure to connect directly to Southern Parkway. These improvements were identified in the Environmental Assessment (EA) prepared for the project by UDOT as the PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Purgatory Road Build Alternative, which combined Alternatives N2, M3, and R2. The actions by UDOT, and the laws under which such actions were taken, are described in the EA and UDOT Finding of No Significant Impact (FONSI) for the project (Finding of No Significant Impact for Purgatory Road; State Route 9 to Southern Parkway in Washington County, Utah, Project No. F–LC53(72)), issued on February 26, 2019, and in other documents in the UDOT project records. The EA and FONSI, and other project records are available by contacting UDOT at the address provided above. The EA and FONSI can also be viewed and downloaded from the project website at https://www.purgatoryrd.com/. This notice applies to the EA, the FONSI, the Section 4(f) determination, the NHPA Section 106 review, 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 E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Notices regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: March 26, 2019. Ivan Marrero, Division Administrator, Federal Highway Administration, Salt Lake City, Utah. [FR Doc. 2019–06358 Filed 4–1–19; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–6156; FMCSA– 2000–7006; FMCSA–2000–7363; FMCSA– 2002–12294; FMCSA–2002–12844; FMCSA– 2004–17195; FMCSA–2004–18885; FMCSA– 2004–19477; FMCSA–2006–26066; FMCSA– 2008–0106; FMCSA–2008–0231; FMCSA– 2008–0292; FMCSA–2010–0187; FMCSA– 2010–0287; FMCSA–2010–0327; FMCSA– 2010–0354; FMCSA–2010–0385; FMCSA– 2011–0366; FMCSA–2011–0380; FMCSA– 2013–0030; FMCSA–2014–0004; FMCSA– 2014–0010; FMCSA–2014–0299; FMCSA– 2015–0351; FMCSA–2016–0028; FMCSA– 2016–0033; FMCSA–2016–0206] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: amozie on DSK9F9SC42PROD with NOTICES VerDate Sep<11>2014 18:45 Apr 01, 2019 Jkt 247001 A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–1999–6156; FMCSA–2000–7006; FMCSA–2000– 7363; FMCSA–2002–12294; FMCSA– 2002–12844; FMCSA–2004–17195; FMCSA–2004–18885; FMCSA–2004– 19477; FMCSA–2006–26066; FMCSA– 2008–0106; FMCSA–2008–0231; FMCSA–2008–0292; FMCSA–2010– 0187; FMCSA–2010–0287; FMCSA– 2010–0327; FMCSA–2010–0354; FMCSA–2010–0385; FMCSA–2011– 0366; FMCSA–2011–0380; FMCSA– 2013–0030; FMCSA–2014–0004; FMCSA–2014–0010; FMCSA–2014– 0299; FMCSA–2015–0351; FMCSA– 2016–0028; FMCSA–2016–0033; FMCSA–2016–0206, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. Privacy Act FMCSA announces its decision to renew exemptions for 71 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation 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. II. Background On February 6, 2019, FMCSA published a notice announcing its decision to renew exemptions for 71 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (84 FR 2311). The public comment period ended on March 8, 2019, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(10). PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 12663 The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based on its evaluation of the 71 renewal exemption applications and comments received, FMCSA confirms its decision to exempt the following drivers from the vision requirement in 49 CFR 391.41(b)(10). In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of January and are discussed below. As of January 3, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 23 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 54948; 65 FR 159; 65 FR 45817; 65 FR 77066; 66 FR 66969; 67 FR 71610; 69 FR 8260; 69 FR 17263; 69 FR 31447; 69 FR 53493; 69 FR 62742; 69 FR 64810; 71 FR 19604; 71 FR 27033; 71 FR 62147; 71 FR 62148; 72 FR 185; 73 FR 35194; 73 FR 35198; 73 FR 36954; 73 FR 36955; 73 FR 46973; 73 FR 48275; 73 FR 54889; 73 FR 61922; 73 FR 61925; 73 FR 63047; 73 FR 74563; 73 FR 74565; 73 FR 75806; 73 FR 75807; 75 FR 36779; 75 FR 44051; 75 FR 47883; 75 FR 50799; 75 FR 59327; 75 FR 63257; 75 FR 64396; 75 FR 65057; 75 FR 77590; 75 FR 77591; 75 FR 77949; 75 FR 77951; 75 FR 79081; 77 FR 5874; 77 FR 17109; 77 FR 17117; 77 FR 27845; 77 FR 38384; 77 FR 46153; 77 FR 60010; 77 FR 64582; 77 FR 64583; 77 FR 68202; 77 FR 70537; 77 FR 74730; 78 FR 41975; 78 FR 56986; 79 FR 18392; 79 FR 21996; 79 FR 29498; 79 FR 35220; 79 FR 38661; 79 FR 51643; 79 FR 56104; 79 FR 56117; 79 FR 59348; 79 FR 64001; 79 FR 65759; 79 FR 73689; 80 FR 48411; 81 FR 17237; 81 FR 28138; 81 FR 39320; 81 FR 59266; 81 FR 70253; 81 FR 71173; 81 FR 74494; 81 FR 80161; 81 FR 81230; 81 FR 96165; 81 FR 96191): Robert J. Ambrose (MA) Nathan A. Buckles (IN) E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Notices]
[Pages 12662-12663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06358]


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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 Purgatory Road, a 
proposed highway project between State Route (SR) 9 and Southern 
Parkway (SR 7), in the County of Washington, 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 30, 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, P.O. Box 143600, Salt Lake City, 
UT 84114; telephone: (801) 965-4005; email: [email protected]. UDOT's 
normal business hours are 8:00 a.m. to 5:00 p.m. (Mountain Time Zone), 
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 UDOT has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the Purgatory Road; SR 9 to 
Southern Parkway project in the State of Utah. The Purgatory Road 
project proposes to improve regional system linkage and mobility 
between SR 9 and Southern Parkway. The project includes constructing a 
new three-lane roadway on new alignment between SR 9 and Southern 
Parkway. The proposed alignment would begin at SR 9 and follow the 
existing 5300 West alignment until the Quail Creek Industrial Park. The 
alignment would then run generally southward along the existing dirt 
road on the east side of the Purgatory Flat until approximately 
Landfill Road where it would swing to the west. The alignment would 
then cross the Virgin River via a new approximate 400-feet long, three-
span structure to connect directly to Southern Parkway. These 
improvements were identified in the Environmental Assessment (EA) 
prepared for the project by UDOT as the Purgatory Road Build 
Alternative, which combined Alternatives N2, M3, and R2. The actions by 
UDOT, and the laws under which such actions were taken, are described 
in the EA and UDOT Finding of No Significant Impact (FONSI) for the 
project (Finding of No Significant Impact for Purgatory Road; State 
Route 9 to Southern Parkway in Washington County, Utah, Project No. F-
LC53(72)), issued on February 26, 2019, and in other documents in the 
UDOT project records. The EA and FONSI, and other project records are 
available by contacting UDOT at the address provided above. The EA and 
FONSI can also be viewed and downloaded from the project website at 
https://www.purgatoryrd.com/.
    This notice applies to the EA, the FONSI, the Section 4(f) 
determination, the NHPA Section 106 review, 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

[[Page 12663]]

regarding intergovernmental consultation on Federal programs and 
activities apply to this program.)


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

    Issued on: March 26, 2019.
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City, 
Utah.
[FR Doc. 2019-06358 Filed 4-1-19; 8:45 am]
BILLING CODE 4910-RY-P