Notice of Final Federal Agency Actions on Proposed Highway in California, 39969-39970 [2020-14248]

Download as PDF Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES verified notice of exemption pursuant to 49 CFR 1150.41 to: (1) Continue to lease from The Kanas City Southern Railway Company (KCS) and operate approximately 26.5 miles of rail line between milepost 133.0 near Bay Springs, Miss., and milepost 159.5 near Newton, Miss. (Bay Springs Branch), and (2) lease from KCS and operate approximately 114.2 miles of rail line from milepost 87.2 at the switch south of the Columbus & Greenville Railway crossing near West Point, Miss., to milepost 161.7 near Newton (Louisville Subdivision), and approximately 15.5 miles of rail line from milepost 0.0 near Union, Miss., to milepost 15.5 near Sebastopol, Miss. (Pearl River Industrial Lead). MSR, which has leased and operated the Bay Springs Branch since 2005,1 states that it has reached an agreement with KCS to modify the lease and extend its term to November 30, 2034, through an amendment. MSR states that it has also agreed with KCS to a separate lease for the Louisville Subdivision and Pearl River Industrial Lead with a term expiring on July 19, 2030. According to MSR, it will provide all common carrier service on the lines subject to these leases. MSR certifies that the amended lease for the Bay Springs Branch and the new lease for the Louisville Subdivision and Pearl River Industrial Lead contain interchange commitments.2 Accordingly, MSR has provided additional information regarding the interchange commitments, as required by 49 CFR 1150.43(h).3 MSR certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier but states that its projected annual revenues will exceed $5 million following the transaction. Pursuant to 49 CFR 1150.42(e), if a carrier’s projected annual revenues will exceed $5 million, it must, at least 60 days before the exemption becomes 1 See Miss. S. R.R.—Lease & Operation Exemption—Kan. City S. Ry., Docket No. FD 34684 (STB served Apr. 21, 2005) (authorizing original lease and operation of the Bay Springs Branch); Miss. S. R.R.—Lease & Operation Exemption—Kan. City S. Ry., Docket No. FD 36060 (STB served Sept. 9, 2016) (authorizing continued lease and operation). 2 A copy of the amended lease and the new lease were submitted under seal. See 49 CFR 1150.43(h)(1). 3 According to the verified notice, the only interchange affected by the interchange commitments is with the Columbus & Greenville Railway (CAGY) on the Louisville Subdivision at West Point, but there is currently no track connection between the Louisville Subdivision and CAGY’s rail line, and the segment of the Louisville Subdivision leading to that location is out of service. VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 effective, post a notice of its intent to undertake the proposed transaction at the workplace of the employees on the affected lines, serve a copy of the notice on the national offices of the labor unions with employees on the affected lines, and certify to the Board that it has done so. On May 20, 2020, MSR certified that on May 19 it provided the required notice with respect to its proposed lease of the Louisville Subdivision and Pearl River Industrial Lead. However, along with its verified notice of exemption, MSR filed a petition requesting a waiver of the 60day advance labor notice requirements with respect to its amended lease for the Bay Springs Branch. MSR’s petition for waiver will be addressed in a separate decision. The Board will establish the effective date of the exemption in its separate decision on the waiver request. 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 for stay must be filed no later than July 10, 2020. All pleadings, referring to Docket No. FD 36407, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on MSR’s representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to MSR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: June 29, 2020. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2020–14318 Filed 7–1–20; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), Department of Transportation (DOT). AGENCY: PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 39969 Notice of limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans). ACTION: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final. The actions relate to a proposed highway project, foundation/ substructure retrofit of three bridges on Interstate 405 at the San Gabriel River in the City of Long Beach, County of Los Angeles, State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final 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 November 30, 2020. If the Federal lay that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that short time period applies. FOR FURTHER INFORMATION CONTACT: For Caltrans: Eduardo Aguilar, Senior Environmental Planner/Branch Chief, Caltrans Division of Environmental Planning, District 7, 100 South Main Street, Los Angeles, CA 90012. Office Hours: 8:00 a.m.–5:00 p.m., Pacific Standard Time, telephone (213) 897– 8492 or email eduardo.aguilar@ dot.ca.gov. For FHWA, contact David Tedrick at (916) 498–5024 or email david.tedrick@dot.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and Caltrans assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of California: Caltrans proposes a bridge scour maintenance project at the Interstate 405 (I–405)/Interstate 605 (I– 605) interchange—a complex of three (3) bridges that traverse the San Gabriel River, in the City of Long Beach, and at the Los Angeles County/Orange County line, in California. The proposed improvements include a retrofit of the bridge substructure foundation through construction of pier footing extensions at Pier 3 and Pier 4 at each bridge, reinforcement of new footing extensions through placement of new Cast-InDrilled-Hole (CIDH) piles, and armoring of substructure retrofit through placement of rip-rap/rock protection around each pier. The actions by the Federal agencies, and the laws under SUMMARY: E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39970 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices which such actions were taken, are described in the Final Environmental Assessment (FEA)/Finding of No Significant impact (FONSI) for the project, issued on June 17, 2020, and in other documents in Caltrans’ project records. The FEA, FONSI and other project records are available by contact Caltrans at the addresses provided above. The Caltrans FEA, FONSI and other project records can be viewed and downloaded at the following Caltrans District 7 Environmental Documents website at https://tinyurl.com/I405-SGRFinal. 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. Council on Environmental Quality Regulations 2. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et. Seq. 3. Federal-Aid Highway Act of 1970, 23 U.S.C. 109 4. MAP–21, the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112–141) 5. Clean Air Act Amendments of 1990 (CAAA) 6. Clean Water Act of 1977 and 1987 7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 1977 & 1987) 8. Federal Land Policy and Management Act of 1976 (Paleontological Resources) 9. Noise Control Act of 1972 10. Safe Drinking Water Act of 1944, as amended 11. Endangered Species Act of 1973 12. Executive Order 11990, Protection of Wetlands 13. Executive Order 13112, Invasive Species 14. Executive Order 13186, Migratory Birds 15. Fish and Wildlife Coordination Act of 1934, as amended 16. Migratory Bird Treaty Act 17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 1006– 1007 18. Wildflowers, Surface Transportation and Uniform Relocation Act of 1987 Section 130 19. Coastal Zone Management Act of 1972 20. Coastal Zone Management Act Reauthorization Amendments of 1990 21. Executive Order 11988, Floodplain Management 22. Department of Transportation (DOT) Executive Order 5650.2— Floodplain Management and Protection (April 23, 1979) VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10 24. Title VI of the Civil Rights Act of 1964, as amended 25. Executive Order 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: June 25, 2020. Rodney Whitfield, Director, Financial Services, Federal Highway Administration, California Division. [FR Doc. 2020–14248 Filed 7–1–20; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2020–0050] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System Under part 235 of title 49 of the Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this provides the public notice that by a document dated May 11, 2020, Pacific Harbor Line (PHL) petitioned the Federal Railroad Administration (FRA) seeking approval to discontinue or modify a signal system. FRA assigned the petition Docket Number FRA–2020–0050. Applicant: Pacific Harbor Line, Inc. Mr. Otis Cliatt II, President 705 North Henry Ford Ave. Wilmington, CA 90744. Specifically, PHL requests permission to discontinue a traffic control system on two signaled main tracks on the Long Beach Subdivision, from, but not including, Control Point (CP) Gaspur, milepost (MP) 17.7x, to CP Ocean Boulevard, MP 19.2x, in Long Beach, California. PHL will remove intermediate automatic signals at MP 18.5x and all switches, with the exception of one crossover within the limits of CP Ocean Boulevard. Remote throw non-signaled territory switches will be installed. Tracks will be designated as Other Than Mainline, General Code of Operating Rules 6.28. The reason for the proposed changes is that the owner, Port of Long Beach, is implementing a rail improvement project on the Long Beach Subdivision. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 Operators on the trackage are PHL, Union Pacific Railroad Company, and BNSF Railway. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Ave. SE, W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Website: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Ave. SE, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by August 17, 2020 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. 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. See also http://www.regulations.gov/ #!privacyNotice for the privacy notice of regulations.gov. E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39969-39970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14248]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by the California Department of Transportation (Caltrans).

-----------------------------------------------------------------------

SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, that are final. The actions relate 
to a proposed highway project, foundation/substructure retrofit of 
three bridges on Interstate 405 at the San Gabriel River in the City of 
Long Beach, County of Los Angeles, State of California. Those actions 
grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the 
public of final 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 November 
30, 2020. If the Federal lay that authorizes judicial review of a claim 
provides a time period of less than 150 days for filing such a claim, 
then that short time period applies.

FOR FURTHER INFORMATION CONTACT: For Caltrans: Eduardo Aguilar, Senior 
Environmental Planner/Branch Chief, Caltrans Division of Environmental 
Planning, District 7, 100 South Main Street, Los Angeles, CA 90012. 
Office Hours: 8:00 a.m.-5:00 p.m., Pacific Standard Time, telephone 
(213) 897-8492 or email [email protected]. For FHWA, contact 
David Tedrick at (916) 498-5024 or email [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and Caltrans assumed, environmental responsibilities for this project 
pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has 
taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of California: Caltrans proposes a bridge scour maintenance 
project at the Interstate 405 (I-405)/Interstate 605 (I-605) 
interchange--a complex of three (3) bridges that traverse the San 
Gabriel River, in the City of Long Beach, and at the Los Angeles 
County/Orange County line, in California. The proposed improvements 
include a retrofit of the bridge substructure foundation through 
construction of pier footing extensions at Pier 3 and Pier 4 at each 
bridge, reinforcement of new footing extensions through placement of 
new Cast-In-Drilled-Hole (CIDH) piles, and armoring of substructure 
retrofit through placement of rip-rap/rock protection around each pier. 
The actions by the Federal agencies, and the laws under

[[Page 39970]]

which such actions were taken, are described in the Final Environmental 
Assessment (FEA)/Finding of No Significant impact (FONSI) for the 
project, issued on June 17, 2020, and in other documents in Caltrans' 
project records. The FEA, FONSI and other project records are available 
by contact Caltrans at the addresses provided above. The Caltrans FEA, 
FONSI and other project records can be viewed and downloaded at the 
following Caltrans District 7 Environmental Documents website at 
https://tinyurl.com/I405-SGR-Final.
    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. Council on Environmental Quality Regulations
2. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 
4321 et. Seq.
3. Federal-Aid Highway Act of 1970, 23 U.S.C. 109
4. MAP-21, the Moving Ahead for Progress in the 21st Century Act (Pub. 
L. 112-141)
5. Clean Air Act Amendments of 1990 (CAAA)
6. Clean Water Act of 1977 and 1987
7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 
1977 & 1987)
8. Federal Land Policy and Management Act of 1976 (Paleontological 
Resources)
9. Noise Control Act of 1972
10. Safe Drinking Water Act of 1944, as amended
11. Endangered Species Act of 1973
12. Executive Order 11990, Protection of Wetlands
13. Executive Order 13112, Invasive Species
14. Executive Order 13186, Migratory Birds
15. Fish and Wildlife Coordination Act of 1934, as amended
16. Migratory Bird Treaty Act
17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 
1006-1007
18. Wildflowers, Surface Transportation and Uniform Relocation Act of 
1987 Section 130
19. Coastal Zone Management Act of 1972
20. Coastal Zone Management Act Reauthorization Amendments of 1990
21. Executive Order 11988, Floodplain Management
22. Department of Transportation (DOT) Executive Order 5650.2--
Floodplain Management and Protection (April 23, 1979)
23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10
24. Title VI of the Civil Rights Act of 1964, as amended
25. Executive Order 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: June 25, 2020.
Rodney Whitfield,
Director, Financial Services, Federal Highway Administration, 
California Division.
[FR Doc. 2020-14248 Filed 7-1-20; 8:45 am]
BILLING CODE 4910-RY-P