Notice of Final Federal Agency Actions on Proposed Highway Project in Rhode Island, 29504-29505 [2020-10204]

Download as PDF 29504 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices products covered by the action in this investigation. The U.S. Trade Representative’s determination also takes into account advice from advisory committees and any public comments concerning extension of the pertinent exclusion. In accordance with the July 11 notice, the exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit HTSUS headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. As set out in the Annex, the U.S. Trade Representative has determined to extend, until December 31, 2020, the following exclusions granted under the May 14, 2019 notice under heading 9903.88.08 and under U.S. note 20(k) to subchapter III of chapter 99 of the HTSUS: (4), (5), (8), (11), (18), (19), (21), (22), (23), (24), (25), (38), and (39). jbell on DSKJLSW7X2PROD with NOTICES Annex Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on July 6, 2018, and before December 31, 2020, the additional duties provided for in heading 9903.88.01 shall not apply to products which are provided for in heading 9903.88.08 and U.S. notes 20(k)(4), 20(k)(5), 20(k)(8), 20(k)(11), 20(k)(18), 20(k)(19), 20(k)(21), 20(k)(22), 20(k)(23), 20(k)(24), 20(k)(25), 20(k)(38) and 20(k)(39) to subchapter III of chapter 99 of the HTSUS, as follows: (4) 8481.10.0090 (5) 8483.50.9040 (8) Filtering or purifying machinery or apparatus of a kind used for waste water treatment (described in statistical reporting number 8421.21.0000) (11) Air purification equipment, electrically powered, weighing less than 36 kg (described in statistical reporting number 8421.39.8015) (18) Armatures designed for use in hydraulic solenoid valves (described in statistical reporting number 8481.90.9040) (19) C-poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040) (21) Metering spools, of aluminum, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040) (22) Metering spools, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040) (23) Poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040) (24) Push pins, of steel, designed for use in hydraulic solenoid control valves VerDate Sep<11>2014 17:09 May 14, 2020 Jkt 250001 (described in statistical reporting number 8481.90.9040) (25) Retainers, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040) (38) Stereoscopic microscopes, not provided with a means for photographing the image, valued not over $500 per unit (described in statistical reporting number 9011.10.8000) (39) Adapter rings, tubes and extension sleeves, stands and arm assemblies, stages and gliding tables, eyeguards and focusing racks, all the foregoing designed for use with compound optical microscopes (described in statistical reporting number 9011.90.0000) Notice is hereby given that FHWA has taken final agency actions by issuing a Finding of No Significant Impact (FONSI) for the following highway project in the State of Rhode Island: Reconstruction of the Pell Bridge Approaches in the City of Newport. The proposed action includes realignment of the Pell Bridge ramps and associated approach roads to improve traffic circulation, reduce queuing and improve safety; reconnect neighborhoods including improved vehicle, pedestrian and bicycle connectivity; and support economic Joseph Barloon, development by maximizing land area available for redevelopment. General Counsel, Office of the United States The actions by FHWA, and the laws Trade Representative. under which such actions were taken, [FR Doc. 2020–10456 Filed 5–14–20; 8:45 am] are described in the Environmental BILLING CODE 3290–F0–P Assessment (EA) for the project approved on November 21, 2019, and a DEPARTMENT OF TRANSPORTATION Finding of No Significant Impact (FONSI) issued on April 20, 2020, and in other documents in the project Federal Highway Administration records. The EA, FONSI, and other Notice of Final Federal Agency Actions project records are available by on Proposed Highway Project in contacting FHWA or the Rhode Island Rhode Island Department of Transportation at the addresses provided above. The EA and AGENCY: Federal Highway Administration (FHWA), Department of FONSI can be viewed and downloaded from the project website at: Transportation (DOT). www.pellbridge-ea.com. ACTION: Notice of limitation on claims This notice applies to all Federal for judicial review of actions by FHWA. agency decisions as of the issuance date SUMMARY: This notice announces actions of this notice and all laws under which such actions were taken, including but taken by the FHWA that are final not limited to: pursuant to the statute. The actions 1. General: National Environmental relate to a proposed highway project, Policy Act (NEPA) [42 U.S.C. 4321, et Reconstruction of the Pell Bridge seq.]; Federal-Aid Highway Act [Title Approaches in the City of Newport in 23] and associated regulations [CFR part the State of Rhode Island. 23]. DATES: By this notice, FHWA is advising 2. Hazardous Materials: the public of final agency actions Comprehensive Environmental subject to 23 U.S.C. 139(1)(1). A claim Response, Compensation, and Liability seeking judicial review of the Federal Act [42 U.S.C. 9601–9675]; Superfund agency actions on the highway project Amendments and Reauthorization Act will be barred unless the claim is filed of 1986 [Pub. L. 99–499]; Resource on or before October 13, 2020. If the Conservation and Recovery Act [42 Federal law that authorizes judicial U.S.C. 6901–6992(k)]; Solid Waste review of a claim provides a time period Disposal Act, as amended by the of less than 150 days for filing such Resource Conservation and Recovery claim, then that shorter time period still Act of 1976 (42 U.S.C. 6901, et seq.). applies. 3. Air: Clean Air Act, [42 U.S.C. 7401– FOR FURTHER INFORMATION CONTACT: For 7671(q)] (transportation conformity) FHWA: Mr. Carlos E. Padilla-Fresse, 4. Noise: 23 U.S.C. 109(i) . MSCE, Program Delivery Supervisor, 5. Wildlife: Endangered Species Act Federal Highway Administration Rhode [16 U.S.C. 1531–1544]; Fish and Island Division, 380 Westminster Mall, Wildlife Coordination Act [16 U.S.C. Suite 601, Providence, Rhode Island 661–667(e)]; Migratory Bird Treaty Act 02903: telephone: (401) 528–4577; [16 U.S.C. 703–712]; Plant Protection email: Carlos.Padilla@dot.gov; or Ms. Act [7 U.S.C. 7701 et seq.]. 6. Historic and Cultural Resources: Lori Fisette, Acting Administrator of Section 106 of the National Historic Project Management, Rhode Island Preservation Act of 1966, [54 U.S.C. Department of Transportation, Two 306108]; Archeological Resources Capitol Hill, Providence, Rhode Island 02903–1124, telephone: (401) 563–4401, Protection Act of 1977 [16 U.S.C. 470(aa)–470(mm)]; Archeological and email: lori.fisette@dot.ri.gov. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices 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]; 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)(1)) Issued on: May 7, 2020. Carlos C. Machado, FHWA Rhode Island Division Administrator, Providence, Rhode Island. [FR Doc. 2020–10204 Filed 5–14–20; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2014–0003; PD–37(R)] Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Decision on petition for reconsideration of an administrative determination of preemption. jbell on DSKJLSW7X2PROD with NOTICES AGENCY: 17:09 May 14, 2020 Jkt 250001 Vincent Lopez, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; Telephone No. 202–366–4400; Facsimile No. 202–366–7041. SUPPLEMENTARY INFORMATION: I. Background A. Preemption Determination Petitioner: The Fire Department of the City of New York (FDNY). Local Law Affected: New York City Fire Code (FC) 2707.4 and 105.6. Applicable Federal Requirements: Federal hazardous material transportation law (HMTA), 49 U.S.C. 5101 et seq., and the Hazardous Materials Regulations (HMR), 49 CFR parts 171–180. Mode Affected: Highway. VerDate Sep<11>2014 On July 6, 2017, PHMSA published in the Federal Register an administrative determination that Federal hazardous material transportation law preempts, in part, FDNY’s permit, inspection, and fee requirements. FDNY has petitioned for reconsideration of that determination. FDNY’s petition for reconsideration is granted in part, and denied in part, as follows: 1. Permit and Inspection Requirement—PHMSA affirms its determination that the HMTA preempts FDNY’s permit and inspection requirements, FC 2707.4 and 105.6, with respect to vehicles based outside the inspecting jurisdiction, and its determination that the HMTA does not preempt these requirements with respect to vehicles that are based within the inspecting jurisdiction. PHMSA’s determination is based on its conclusion that FDNY’s permit and inspection requirements create an obstacle to accomplishing and carrying out the HMR’s prohibition against unnecessary delays in the transportation of hazardous material on vehicles based outside the inspecting jurisdiction. 2. Permit Fee—Based on new information supplied by FDNY, PHMSA reverses its determination that FDNY is not using the revenue it collects from its permit fee for authorized purposes. However, PHMSA affirms its determination that the permit fee is not ‘‘fair,’’ as required by 49 U.S.C. 5125(f)(1), and therefore affirms its determination that the permit fee is preempted. SUMMARY: The American Trucking Associations, Inc. (ATA) applied to PHMSA for a determination of whether Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., preempts the City of New York (FDNY)’s requirement that those wishing to transport hazardous materials by motor vehicle must, in certain circumstances, obtain a permit. The relevant provisions of the FC and the FDNY rules regarding FDNY’s hazardous materials inspection and permitting program, and related fees, include: PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 29505 • FC 2707—sets forth the requirements for the transportation of hazardous materials; • FC 2707.3—prohibits the transportation of hazardous materials in quantities requiring a permit without such permit; • FC 2707.4 and 105.6—sets forth permit requirement and exclusions; • FDNY Rule 2707–02—sets forth routing, timing, escort, and other requirements for the transportation of hazardous materials; provides that permit holders need not conform to these requirements; and • FC Appendix A, Section A03.1(39) and (67)—specifies the permit (inspection and re-inspection) fees. The following parties submitted comments in the proceeding: ATA, FDNY, Nouveau, Inc., and the American Coatings Association. On July 6, 2017, PHMSA published in the Federal Register its determination with respect to ATA’s application, in accordance with 49 U.S.C. 5125(d) and 49 CFR 107.203. Preemption Determination 37– R (PD–37(R)), 82 FR 31390. PHMSA found that Federal hazardous material transportation law preempts the FDNY requirements as follows: 1. Permit and Inspection Requirement—FDNY’s permit and inspection requirements, FC 2707.4 and 105.6 (transportation of hazardous materials), create an obstacle to accomplishing and carrying out the HMR’s prohibition against unnecessary delays in the transportation of hazardous material on vehicles based outside the inspecting jurisdiction. Accordingly, we determined that the HMTA preempts FDNY’s permit and inspection requirements with respect to vehicles based outside the inspecting jurisdiction, but that the HMTA does not preempt those requirements with respect to motor vehicles that are based within the inspecting jurisdiction. PD 37(R), 82 FR at 31393–31395. 2. Permit Fee—The permit fee is preempted because we determined that FDNY had not shown that the fee it imposes with respect to its permit and inspection requirements is ‘‘fair’’ and ‘‘used for a purpose related to transporting hazardous material,’’ as required by 49 U.S.C. 5125(f)(1). PD 37(R), 82 FR at 31395–31396 PHMSA, in Part I of PD–37(R), discussed the standards for making determinations of preemption under the Federal hazardous material transportation law. Id. at 31392–3. As we explained, unless there is specific authority in another Federal law or DOT grants a waiver, a requirement of a State, political subdivision of a State, or Indian tribe is preempted if: E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29504-29505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10204]


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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, Reconstruction of the Pell Bridge Approaches in the City of 
Newport in the State of Rhode Island.

DATES: By this notice, 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 October 13, 2020. 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; email: 
[email protected]; or Ms. Lori Fisette, Acting Administrator of 
Project Management, Rhode Island Department of Transportation, Two 
Capitol Hill, Providence, Rhode Island 02903-1124, telephone: (401) 
563-4401, email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions by issuing a Finding of No Significant Impact 
(FONSI) for the following highway project in the State of Rhode Island: 
Reconstruction of the Pell Bridge Approaches in the City of Newport. 
The proposed action includes realignment of the Pell Bridge ramps and 
associated approach roads to improve traffic circulation, reduce 
queuing and improve safety; reconnect neighborhoods including improved 
vehicle, pedestrian and bicycle connectivity; and support economic 
development by maximizing land area available for redevelopment.
    The actions by FHWA, and the laws under which such actions were 
taken, are described in the Environmental Assessment (EA) for the 
project approved on November 21, 2019, and a Finding of No Significant 
Impact (FONSI) issued on April 20, 2020, and in other documents in the 
project records. The EA, FONSI, and other project records are available 
by contacting 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: www.pellbridge-ea.com.
    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, et seq.]; 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 [Pub. 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) .
    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

[[Page 29505]]

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]; 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)(1))

    Issued on: May 7, 2020.
Carlos C. Machado,
FHWA Rhode Island Division Administrator, Providence, Rhode Island.
[FR Doc. 2020-10204 Filed 5-14-20; 8:45 am]
BILLING CODE 4910-22-P

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