Notice of Final Federal Agency Actions on Proposed Highway Project in Michigan, 16305-16306 [2022-05993]

Download as PDF Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 1966 (Section 4(f)) decisions relating to the I-375 improvement project. FHWA’s Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for proposed improvements. DATES: By this notice, FHWA 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 action on the highway project will be barred unless the claim is filed on or before August 19, 2022. 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 the shorter time period applies. FOR FURTHER INFORMATION CONTACT: For FHWA: Mark Dionise, Engineering and Operations Director, FHWA Michigan Division, 315 Allegan, Room 201, Lansing, MI 48933, Telephone: (517) 702–1842, email: Mark.Dionise@dot.gov. The FHWA Michigan Division Office’s normal business hours are 8:00 a.m. to (Catalog of Federal Domestic Assistance 4:30 p.m. (Eastern Standard Time). For Program Number 20.205, Highway Planning the Michigan Department of and Construction. The regulations Transportation (MDOT): Jonathan Loree, implementing Executive Order 12372 P.E., Senior Project Manager, Michigan regarding intergovernmental consultation on Department of Transportation, P.O. Box Federal programs and activities apply to this 30050, 425 W Ottawa Street, Lansing, program.) MI 48909, Telephone: (313) 967–5420, Authority: 23 U.S.C. 139(l)(1). email: LoreeJ@michigan.gov. The Issued on: March 15, 2022. Michigan Department of Christina Leach, Transportation’s normal business hours are 8:00 a.m. to 5:00 p.m. (Eastern Acting Director, Planning, Environment and Right of Way, Federal Highway Standard Time). Administration, California Division. SUPPLEMENTARY INFORMATION: Notice is [FR Doc. 2022–06066 Filed 3–21–22; 8:45 am] hereby given that FHWA has taken final BILLING CODE 4910–RY–P agency action by issuing a Finding of No Significant Impact (FONSI) for the following highway project in the State DEPARTMENT OF TRANSPORTATION of Michigan: I-375 Improvement Project in Wayne County. Improvements Federal Highway Administration include reconstruction of the I-75/I-375 interchange and construction of a direct Notice of Final Federal Agency Actions connection to the Detroit Riverfront in on Proposed Highway Project in the city of Detroit, Michigan between IMichigan 75 South of Mack Avenue and the Detroit Riverfront. The project will deAGENCY: Federal Highway Administration (FHWA), Department of designate I-375 as an interstate highway and re-designate it as a state route. Transportation (DOT). Improvements include removing the ACTION: Notice of limitation on claims existing freeway and replacing it with a for judicial review of actions by FHWA new boulevard aligned along the west and other federal agencies. side of the I-375 corridor. Gratiot SUMMARY: This notice announces actions Avenue and the new boulevard will taken by FHWA and other Federal intersect at-grade. Access to I-75 will be agencies that are final. These final available via a new interchange north of agency actions relate to a proposed Gratiot Avenue connecting Detroit’s highway project, I-375, from I-75 South central business district, Eastern Market of Mack Avenue to the Detroit and other destinations in the vicinity. Riverfront in the city of Detroit, Wayne The project is included in the Southeast County, State of Michigan. The actions Michigan Council of Governments’ issue National Environmental Policy (SEMCOG) 2045 Regional Act (NEPA) and Section 4(f) of the U.S. Transportation Plan for Southeast Department of Transportation Act of Michigan. Design and Right-of-Way lotter on DSK11XQN23PROD with NOTICES1 Section 401) [33 U.S.C. 1251–1377]; safe Drinking water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]. 7. Health: Resource Conservation and Recovery Act [42 U.S.C. 6901 et seq.]; Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601 et seq.]; Atomic Energy Act [42 U.S.C. 2011–2259]; Toxic Substance Control Act [15 U.S.C. 2601–2629]; Community Environmental Response Facilitation Act; Occupational Safety and Health Act [29 U.S.C. 651]; Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136]. 8. Executive Orders: E.O. 12088 Federal Compliance with Pollution Control Standards; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; E.O. 13112 Invasive Species; E.O. 11988 Floodplain Management. VerDate Sep<11>2014 18:24 Mar 21, 2022 Jkt 256001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 16305 (ROW) of the project is also included in SEMCOG’s Fiscal Year 2020–2023 Transportation Improvement Program. FHWA’s action, related actions by other Federal agencies, and the laws under which such actions were taken, are described in the FONSI for the project, approved on March 7, 2022, and in other documents in the project file. The FONSI is available for review by contacting FHWA or MDOT at the addresses provided above. These documents are also available for viewing and download from the project website at: https://www.michigan.gov/ mdot/0,4616,7-151-9621_11058_75084--,00.html. This notice applies to all Federal agency decisions on each project as of the issuance date of this notice and all laws under which such actions were taken. This notice does not, however, alter or extend the limitation period of 150 days for challenges to final agency actions subject to previous notices published in the Federal Register. The laws under which such actions were taken, include but are not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321–4351]; FederalAid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]; E.O. 11514 Protection and Enhancement of Environmental Quality. 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 (ESA) [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. 661–667d]; 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.]; E.O. 13112 Invasive Species. 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)–470(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 469–469c]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]; 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. 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]; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations. E:\FR\FM\22MRN1.SGM 22MRN1 16306 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251–1377]; 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]; E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management. 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)]. (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)) Theodore G. Burch, Division Administrator, Lansing, Michigan. [FR Doc. 2022–05993 Filed 3–21–22; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2022–0018] lotter on DSK11XQN23PROD with NOTICES1 Petition for Waiver of Compliance and Statutory Exemption Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on February 24, 2022, Canadian Pacific Railway (CP) and Union Pacific Railroad Company (UP) jointly petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 232 (Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices). CP and UP also request an exemption from the requirements of title 49, United States Code (U.S.C.), section 20303, which states that a rail vehicle with defective or insecure equipment may be moved when necessary to make repairs to the nearest available place at which the repairs can be made. See 49 U.S.C. 20306. FRA assigned the petition Docket Number FRA–2022–0018. VerDate Sep<11>2014 18:24 Mar 21, 2022 Jkt 256001 Specifically, CP and UP request relief from 49 CFR 232.213, Extended haul trains; 232.15, Movement of defective equipment; and 232.103(f), General requirements for all train brake systems, and an exemption from the requirements of 49 U.S.C. 20303, for a potash unit train pair (CP train symbols 668 and 669), which are designated as extended haul trains, that operate between loading facilities in Saskatchewan, Canada, and the ports of Portland, Oregon, United States. The requested relief would allow technology-based advanced testing (the Automated Brake Effectiveness (ABE) Test Process) performed by wheel temperature detectors as an alternative approach to manual Class I brake tests performed by Certified Car Inspectors (Qualified Mechanical Inspectors). The tests would take place on westbound CP symbol 669 trains at the designated inspection location in Lethbridge, Alberta, Canada. The petitioners state that the ABE Test Process is expected to provide more accurate brake testing, more proactive identification and repair of defects, and safer railway operations. Petitioners also explain that on December 10, 2021, Transport Canada granted two exemptions to CP under the Canadian Railway Safety Act that permit the use of CP’s Remote Safety Inspection Process (RSIP) and ABE Test Process as alternative practices to meet certain freight car safety and air brake inspections performed in Canada as required by Canadian rules. The ABE Test Process has been in existence in Canada for over ten years, and FRA has audited the process as part of its investigation of test waivers under Docket Numbers FRA–2016–0018 and FRA–2018–0049. FRA believes that the RSIP, by utilizing Certified Car Inspectors in near real-time oversight of the process, meets the requirements of § 232.213(a)(3), and does not require relief for this instance. Petitioners state that the train pair currently receives and will continue to receive all inspections in Canada by CP employees prior to interchanging to the UP, and US operations would not change. FRA may grant an exemption from the requirements of 49 U.S.C. 20303 only on the basis of (1) evidence developed at a hearing; or (2) an agreement between national railroad labor representatives and the developer of the equipment or technology at issue. 49 U.S.C. 20306. FRA notes that the public hearing FRA previously held to address a similar request for exemption from UP (Docket Number FRA–2016–0018) addresses substantially the same issues as this current request. Thus, FRA believes a separate public hearing on the current PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 request is unnecessary, and in considering the joint CP and UP request in this docket, FRA intends to rely on the findings of the hearing conducted in Docket Number FRA–2016–0018. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at http:// www.regulations.gov. Follow the online instructions for submitting comments. Communications received by May 23, 2022 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), the U.S. Department of Transportation (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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2022–06011 Filed 3–21–22; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA 2022–0008] Agency Information Collection Activity Under OMB Review: Public Transportation Agency Safety Plan Federal Transit Administration, Department of Transportation. ACTION: Notice of request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16305-16306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05993]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway 
Project in Michigan

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (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 other Federal 
agencies that are final. These final agency actions relate to a 
proposed highway project, I-375, from I-75 South of Mack Avenue to the 
Detroit Riverfront in the city of Detroit, Wayne County, State of 
Michigan. The actions issue National Environmental Policy Act (NEPA) 
and Section 4(f) of the U.S. Department of Transportation Act of 1966 
(Section 4(f)) decisions relating to the I-375 improvement project. 
FHWA's Finding of No Significant Impact (FONSI) provides details on the 
Selected Alternative for proposed improvements.

DATES: By this notice, FHWA 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 action on the highway project will be barred 
unless the claim is filed on or before August 19, 2022. 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 the shorter time 
period applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mark Dionise, Engineering 
and Operations Director, FHWA Michigan Division, 315 Allegan, Room 201, 
Lansing, MI 48933, Telephone: (517) 702-1842, email: 
[email protected]. The FHWA Michigan Division Office's normal 
business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time). For 
the Michigan Department of Transportation (MDOT): Jonathan Loree, P.E., 
Senior Project Manager, Michigan Department of Transportation, P.O. Box 
30050, 425 W Ottawa Street, Lansing, MI 48909, Telephone: (313) 967-
5420, email: [email protected]. The Michigan Department of 
Transportation's normal business hours are 8:00 a.m. to 5:00 p.m. 
(Eastern Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action by issuing a Finding of No Significant Impact 
(FONSI) for the following highway project in the State of Michigan: I-
375 Improvement Project in Wayne County. Improvements include 
reconstruction of the I-75/I-375 interchange and construction of a 
direct connection to the Detroit Riverfront in the city of Detroit, 
Michigan between I-75 South of Mack Avenue and the Detroit Riverfront. 
The project will de-designate I-375 as an interstate highway and re-
designate it as a state route. Improvements include removing the 
existing freeway and replacing it with a new boulevard aligned along 
the west side of the I-375 corridor. Gratiot Avenue and the new 
boulevard will intersect at-grade. Access to I-75 will be available via 
a new interchange north of Gratiot Avenue connecting Detroit's central 
business district, Eastern Market and other destinations in the 
vicinity. The project is included in the Southeast Michigan Council of 
Governments' (SEMCOG) 2045 Regional Transportation Plan for Southeast 
Michigan. Design and Right-of-Way (ROW) of the project is also included 
in SEMCOG's Fiscal Year 2020-2023 Transportation Improvement Program.
    FHWA's action, related actions by other Federal agencies, and the 
laws under which such actions were taken, are described in the FONSI 
for the project, approved on March 7, 2022, and in other documents in 
the project file. The FONSI is available for review by contacting FHWA 
or MDOT at the addresses provided above. These documents are also 
available for viewing and download from the project website at: https:/
/www.michigan.gov/mdot/0,4616,7-151-9621_11058_75084_-,00.html.
    This notice applies to all Federal agency decisions on each project 
as of the issuance date of this notice and all laws under which such 
actions were taken. This notice does not, however, alter or extend the 
limitation period of 150 days for challenges to final agency actions 
subject to previous notices published in the Federal Register.
    The laws under which such actions were taken, include but are 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 and 23 U.S.C. 
128]; E.O. 11514 Protection and Enhancement of Environmental 
Quality.
    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 (ESA) [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. 661-667d]; 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.]; E.O. 13112 Invasive Species.
    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)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469c]; Native American Grave Protection and Repatriation 
Act (NAGPRA) [25 U.S.C. 3001-3013]; 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.
    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]; E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations.

[[Page 16306]]

    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; 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]; E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management.
    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)].

(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))

Theodore G. Burch,
Division Administrator, Lansing, Michigan.
[FR Doc. 2022-05993 Filed 3-21-22; 8:45 am]
BILLING CODE 4910-22-P