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