Updated Notice of Availability for the Port of Port Angeles Memorandum of Agreement Under Section 106 of the National Historic Preservation Act, 92997-92999 [2024-27531]
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices
issuing Safety Advisory 24–2 to
recommend actions to mitigate this risk.
FOR FURTHER INFORMATION CONTACT: Ivey
Glendon, Safety Assurance and Risk
Management Division Chief, Office of
Transit Safety and Oversight, FTA,
telephone (202) 366–3236, or
Ivey.Glendon@dot.gov.
SUPPLEMENTARY INFORMATION: FTA
recommends that State Safety Oversight
Agencies (SSOAs) direct Rail Transit
Agencies (RTAs) operating streetrunning-rail systems in their
jurisdictions to conduct an analysis of
street-running rail collisions and
consider and implement mitigation
strategies to reduce these collisions.
FTA requests that any documents be
uploaded within 180 days from the
issuance of this Safety Advisory.
Safety Advisory 24–2 also identifies
resources that provide guidance on
identifying specific hazards that may
cause or contribute to street-running rail
vehicle collisions, completing a safety
risk assessment, and developing
mitigations to address the assessed
safety risks for transit agencies.
FTA’s Safety Advisory 24–2 ‘‘StreetRunning Rail Vehicle Collisions’’ is
available on the agency’s public
website: https://www.transit.dot.gov/
regulations-and-guidance/safety/ftasafety-advisories.
Authority: 49 U.S.C. 5329; 49 CFR
1.91 and 670.29.
Veronica Vanterpool,
Deputy Administrator.
[FR Doc. 2024–27501 Filed 11–22–24; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD–2024–0149]
Updated Notice of Availability for the
Port of Port Angeles Memorandum of
Agreement Under Section 106 of the
National Historic Preservation Act
Maritime Administration,
Department of Transportation.
ACTION: Notice of availability and
request for comment.
AGENCY:
The Maritime Administration
(MARAD) is funding the Intermodal
Handling and Transfer Facility Project
(Project) which will improve the safety
and efficiency of the movement and
sorting of forest products through Port
Angeles in Port Angeles, Washington. In
accordance with the National Historic
Preservation Act (NHPA) and its
implementing regulations, MARAD has
determined that a Memorandum of
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SUMMARY:
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18:29 Nov 22, 2024
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Agreement (Agreement) must be
prepared in accordance with the
requirements of the NHPA in
conjunction with the Project and invites
public comments on the Agreement.
DATES: All comments on the Agreement
are due on or before January 9, 2025.
MARAD will consider comments filed
after this date to the extent practicable.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit all comments by only one
of the following ways:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov, insert the
docket number (MARAD–2024–0149) in
the keyword box and click ‘‘Search.’’
Select the ‘‘Docket’’ tab, locate the
Notice, and click on ‘‘comment’’ to
begin the comment submission process.
Follow the online instructions.
• Mail: Dockets Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Washington, D.C. 205900001.
• Hand Delivery: W12-l40 of the
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590 between 9:00 a.m. and 5:00 p.m.
E.T., Monday through Friday, except
Federal Holidays. The telephone
number is 202–366–9329.
• Instructions: To properly identify
your comments, please include the
agency name and the docket number at
the beginning of your comments. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Wendy Coble, (202) 281–1046 or via
email at marad.history@dot.gov. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339 to contact the above
individual during business hours. The
FIRS is available twenty-four hours a
day, seven days a week, to leave a
message or question. You will receive a
reply during normal business hours.
You may send mail to the Department
of Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of
Transportation (DOT) awarded funds to
the Port of Port Angeles (Port) under the
Fiscal Year 2022 Port Infrastructure
Development Program for the
Intermodal Handling and Transfer
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92997
Facility Project. The project is located in
Port Angeles, Washington.
The project proposes to improve the
safety and efficiency of the movement
and sorting of forest products through
Port Angeles, including the following
project components:
• Site grading and resurfacing
approximately 10 acres with asphalt
pavement;
• Installing aboveground biofiltration
treatment system with pretreatment
tanks, biofiltration cell, polishing cell,
and associated aboveground piping and
appurtenances.
MARAD has defined the Project’s area
of potential effects (APE) as the
footprint of the Project with a buffer
around the adjacent archaeological site
45CA523 (Tse-whit-zen), inclusive of
the potential physical, visual, and
acoustic effects.
Identification of Historic Properties
The analysis conducted for this
project included two archaeological
investigations in coordination with the
Lower Elwha Klallam Tribe (LEKT). The
first investigation consisted of a
pedestrian and subsurface survey
performed in 2017. The second
investigation was completed in 2020
under a State of Washington
Archaeological Site Alteration and
Excavation Permit issued by the DAHP
and consisted of additional survey and
subsurface testing. The archaeological
materials collected during the 2020
investigation are currently held in trust
for the LEKT at the Burke Museum in
Seattle, Washington. As a result of these
investigations, the boundary of Tsewhit-zen was expanded into a portion of
the Log Yard, which was considered for
this project and is considered an Area
of Interest for LEKT under the
Agreement.
The APE also contains three
previously recorded historic
archaeological resources including
45CA773 (railroad spur), 45CA796
(railroad spur), and 45CA797 (kiln
stack/historic debris scatter), all of
which are within the project footprint.
All three sites were previously
recommended not eligible for listing in
the NRHP by the Port’s archaeological
contractor because they lack integrity
and are not significant under any of the
NRHP Criteria for Evaluation. The sites
do not have any association with
significant events or people, nor do they
convey distinctive design or
construction. Furthermore, the sites
were found to lack the potential to yield
information important to history by the
Port’s archaeological contractor. DAHP
determined that these three historic
archaeological sites did not require
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92998
Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices
further consideration during
archaeological testing of the Port’s Log
Yard in 2020.
Affected Historic Properties
Tse-whit-zen (site 45CA523) is a
village of continuous uninterrupted use
by the LEKT extending back for more
than 2,700 years. The village was used
extensively as a year-round place of
habitation, as well as for traditional
practices of sea mammal hunting,
shellfish harvesting, and open marine
water fishing. A large cemetery and
numerous burials are associated with
the village and the LEKT continues to
maintain a cemetery at the site.
The site has been the subject of
extensive investigations and
documentation associated with the
Washington State Department of
Transportation’s (WSDOT’s) Graving
Dock Facility for the Hood Canal Bridge
Retrofit and Replacement Project, which
was formally located on parcels owned
by WSDOT. Two of these parcels are
now owned by the Lower Elwha
Klallam Tribe adjacent to the log yard.
Tse-whit-zen (45CA523) was listed in
the National Register of Historic Places
(NRHP) at the local level of significance
under Criterion D in 2014. The period
of significance is 300—2,700 years
before present. The site includes three
contributing areas and two
noncontributing areas, which
correspond with five distinct zones
within the site. The site boundary at the
time of listing was contained entirely
within a Lower Elwha Klallam Tribe’s
parcel. However, it has been determined
that the site extends beyond its
originally defined boundaries.
khammond on DSK9W7S144PROD with NOTICES
Project Impacts on Historic Properties
Project design minimizes ground
disturbance by paving and limiting
excavation to match areas where the
new surface transitions to the existing
paved stormwater retention area on the
east portion of the log yard. Excavation
will not exceed a depth of 12 inches.
However, regrading and resurfacing
overlaps with the boundary of Tse-whitzen (45CA523), although it will not
impact any portions of the site that have
been identified by previous
archaeological investigations.
Accordingly, project activities will not
physically alter the historic property
(site 45CA523). However, the project
will introduce new visual elements that
diminish the overall integrity of setting,
feeling, and association for the historic
property.
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18:29 Nov 22, 2024
Jkt 265001
Adverse Effects, Avoidance,
Minimization and Mitigation
MARAD, in coordination with SHPO
and LEKT, determined that this project
would require the development of a
Memorandum of Agreement to address
the adverse effects. As of this public
notice, MARAD, SHPO, the Port, and
LEKT have all agreed to be signatories
to the Agreement. The draft Agreement
is available for review by going to
www.regulations.gov, and search using
docket number ‘‘MARAD–2024–0149.’’
To mitigate these adverse effects the
MARAD will ensure the following
measures are carried out by the Port:
• The Port will transfer to the LEKT
‘‘Area of Interest’’ identified during
consultations, which is approximately
6.13 acres. Prior to transfer, the Port will
remove from the Protection Area the
existing storage warehouse building,
office Conex, travel trailer, truck weigh
scale, existing paving, quarry spalls, and
bark and woody debris.
• Ground disturbing activities
associated with this undertaking will be
monitored by a professional
archaeologist in accordance with the
Project-specific Monitoring and
Inadvertent Discovery Plan (MIDP). The
MIDP details the monitoring and
discovery protocols. The MIDP will
incorporate the disposition provisions
in section 10 of the 4 Party Agreement.
All monitoring activities will be
supervised by the Project Senior
Archaeologist, who will meet the
Secretary of the Interior’s (SOI)
Professional Qualifications Standards
for Archeology (36 CFR part 61, 48 FR
44738). Additionally, the Port will
retain the services of a Tribal Cultural
Resources Monitor from the LEKT, who
will observe the monitoring activities.
Æ The Port, in consultation with
LEKT, will obtain a State of Washington
Archaeological Site Alteration and
Excavation Permit from the DAHP to
carry out the Undertaking, as
determined necessary by DAHP.
Æ The Port will retain the services of
a professional archaeologist who meets
the Secretary of the Interior’s
Professional Qualifications Standards
for archaeology (36 CFR part 61), to
monitor all Project-related ground
disturbing activities.
Æ The Port will compensate LEKT
Cultural Resource Monitors to observe
all Undertaking ground disturbing
activities as invoiced by LEKT.
• The LEKT will transfer to the Port
the three stormwater ponds that were
constructed during the WSDOT Graving
Dock project (2003–2004). These ponds
are located adjacent to the Northwest
property line of the LEKT’s property.
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Sfmt 4703
The footprint area of the three ponds is
approximately 0.80 acres.
Æ The Port’s use of the Ponds will be
limited to stormwater treatment and
associated operation, maintenance, and
repair. The Port’s ownership and use of
the Ponds will satisfy the requirement
that the LEKT create a buffer from uses
on adjoining property. Any alteration, at
any time in the future, of the Ponds will
require written approval by the LEKT.
Ground disturbing work within the
bottom footprint of the Ponds will be
subject to the requirements enumerated
in section II.B., above. The Port will be
able to perform vegetation maintenance
without notification.
• The Port will work cooperatively
with the LEKT so that the runoff from
within LEKT’s property can utilize the
Ponds and discharge to the harbor
through the existing piping system. The
Port will ensure that its use of the Ponds
will not interfere with or cause damage
to the burials located adjacent to the
Ponds.
Public Participation
MARAD may provide additional
information and documents concerning
the project. This information, along with
any comments received, can be found at
the above docket number. Please check
the notice specific docket for this
information. It is requested that all
public comments be submitted for
consideration within 45 calendar days
from the posting of this notice.
If you submit a comment, please
include the docket number for this
notice, indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online as described in the
ADDRESSES section above. MARAD
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that MARAD can
contact you if there are questions
regarding your submission.
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. 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 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
Anyone can search the electronic form
of all comments received into any of our
E:\FR\FM\25NON1.SGM
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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
For information on DOT’s compliance
with the Privacy Act, please visit
https://www.transportation.gov/privacy.
(Authority: 49 CFR 1.81 and 1.93; 36 CFR
part 800; 5 U.S.C. 552b.)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2024–27531 Filed 11–22–24; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
[Docket No. NHTSA–2024–0087]
Denial of Motor Vehicle Defect Petition,
DP24–001
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of denial of a petition for
a defect investigation.
AGENCY:
This notice sets forth the
reasons for the denial of a defect
petition, DP24–001, submitted by Ms.
Jasmine Jewell (the Petitioner) to
NHTSA (the Agency) by a letter dated
February 2, 2024. The petition requests
that the Agency initiate a safety defect
investigation into the loss of motive
power incidents attributed to 3.3L
Lambda-II engines equipped in vehicles
manufactured by Hyundai Motor
America (Hyundai), which the Agency
interpreted as addressing 3.3L LambdaII engines on certain Model Year (MY)
2017 Santa Fe Models. After conducting
a technical review of the petition and
other information, the Agency
concluded that the issues raised by the
petition do not warrant a new defect
investigation. Accordingly, the Agency
denied the petition.
FOR FURTHER INFORMATION CONTACT:
David Engel, Vehicle Defect Division C,
Office of Defects Investigation, NHTSA,
1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
202–366–0385. Email: david.engel@
dot.gov.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Introduction
Interested persons may petition
NHTSA requesting that the Agency
initiate an investigation to determine
whether a motor vehicle or an item of
replacement equipment does not
comply with an applicable motor
vehicle safety standard or contains a
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18:29 Nov 22, 2024
Jkt 265001
defect that relates to motor vehicle
safety. 49 U.S.C. 30162(a)(2); 49 CFR
552.1. Upon receipt of a properly filed
petition, the Agency conducts a
technical review of the petition,
material submitted with the petition,
and any additional information. 49
U.S.C. 30162(a)(2); 49 CFR 552.6. The
technical review may consist solely of a
review of information already in the
possession of the Agency or it may
include the collection of information
from a motor vehicle manufacturer and/
or other sources. After conducting the
technical review and considering
appropriate factors, which may include,
but are not limited to, the nature of the
complaint, allocation of Agency
resources, Agency priorities, the
likelihood of uncovering sufficient
evidence to establish the existence of a
defect, and the likelihood of success in
any necessary enforcement litigation,
the Agency will grant or deny the
petition. See 49 U.S.C. 30162(a)(2); 49
CFR 552.8.
Background Information
The Office of Defects Investigation
(ODI) received a petition dated February
2, 2024, requesting a defect
investigation into an alleged defect of
the 3.3L V-shaped GDI Lambda-II engine
equipped in Hyundai vehicles. NHTSA
interpreted this request to only include
3.3L Lambda-II engines on certain
Model Year (MY) 2017 Santa Fe Models.
Given the technical differences between
makes and model years that impact
engine dynamics, NHTSA limited its
analysis to the make and model year
used by the Petitioner.
Summary of Petition
The petition cites allegations of a
sudden loss of motive power, often
resulting in an engine seizure. The stall
is preceded by a knocking sound,
decreased performance, and no warning
lights.
92999
The 2017 Santa Fe is equipped with
a service interval reminder for the
consumer that must be set by the
consumer themselves or at a dealership.
A Technical Service Bulletin (19–EM–
002H) instructs the dealership to set the
maintenance reminder after routine
maintenance service or anytime a repair
is performed that requires new engine
oil. This maintenance reminder
reinforces the need for proper oil
maintenance intervals. Additionally,
Santa Fe vehicles with 3.3L V-shaped
Lambda-II engines will be added to
Hyundai’s existing Technical Service
Bulletin (23–EM–007H) related to
combustion chamber cleaning. Lastly,
Hyundai has extended the limited
engine warranty for the 2017 Santa Fe
equipped with 3.3L V-shaped LambdaII engines included in the Petition. The
updated coverage is 15 years or 150,000
miles and is contained in Technical
Service Bulletin 24–EM–003H. These
actions will help limit incidents related
to loss of motive power.
In view of the service interval
reminder, combustion chamber
cleaning, and extended warranty actions
being taken by Hyundai, NHTSA is
denying this Defect Petition as it has not
determined a defect investigation is
warranted at this time. The Agency
reserves the right to take additional
action if warranted by future
circumstances. To review the reports
cited in the Closing Resume ODI Report
Identification Number document, go to
NHTSA.gov.
Authority: 49 U.S.C. 30162(d) and 49
CFR part 552; delegation of authority at
49 CFR 1.95(a).2
Eileen Sullivan
Associate Administrator for Enforcement.
[FR Doc. 2024–27526 Filed 11–22–24; 8:45 am]
BILLING CODE 4910–59–P
Office of Defects Investigation Analysis
An analysis of the subject vehicle
population was undertaken using
complaints submitted to ODI along with
manufacturer data. It was determined
that the frequency of events is low for
the subject population and those that
specifically report a loss of motive
power event have a high mileage at the
time of incident.1
1 Petitioner also mentions Kia vehicles equipped
with this engine. ODI recently closed investigation
PE23–019, which investigated a loss of motive
power related to head gasket and head bolt failure
in MY 2016–2017 Kia Sorento vehicles equipped
with the 3.3L Lambda II engine. Through its
investigation ODI identified the peer vehicle
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populations: MY 2014–2015 Kia Sorento, MY 2015–
2016 Kia Sedona, and MY 2014–2017 Kia Cadenza
equipped with the 3.3L engine. Through
discussions with ODI during the investigation, Kia
decided to launch extended warranty campaign
WTY039 in May 2024, which covers these peer
vehicle populations through 15 years or 180,000
miles, whichever comes first. ODI closed the
investigation based on analysis of the failure data
indicating a low incident report rate of loss of
motive power for the alleged defect, and in
consideration of the warning signs which frequently
occur from head gasket and/or head bolt failure in
the subject engines.
2 The authority to determine whether to approve
or deny defect petitions under 49 U.S.C. 30162(d)
and 49 CFR part 552 has been further delegated to
the Associate Administrator for Enforcement.
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]]>Agencies
[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92997-92999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27531]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2024-0149]
Updated Notice of Availability for the Port of Port Angeles
Memorandum of Agreement Under Section 106 of the National Historic
Preservation Act
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Notice of availability and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Maritime Administration (MARAD) is funding the Intermodal
Handling and Transfer Facility Project (Project) which will improve the
safety and efficiency of the movement and sorting of forest products
through Port Angeles in Port Angeles, Washington. In accordance with
the National Historic Preservation Act (NHPA) and its implementing
regulations, MARAD has determined that a Memorandum of Agreement
(Agreement) must be prepared in accordance with the requirements of the
NHPA in conjunction with the Project and invites public comments on the
Agreement.
DATES: All comments on the Agreement are due on or before January 9,
2025. MARAD will consider comments filed after this date to the extent
practicable.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit all comments by only one of the following ways:
Federal eRulemaking Portal: Go to https://www.regulations.gov, insert the docket number (MARAD-2024-0149) in the
keyword box and click ``Search.'' Select the ``Docket'' tab, locate the
Notice, and click on ``comment'' to begin the comment submission
process. Follow the online instructions.
Mail: Dockets Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, D.C. 20590- 0001.
Hand Delivery: W12-l40 of the Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590 between
9:00 a.m. and 5:00 p.m. E.T., Monday through Friday, except Federal
Holidays. The telephone number is 202-366-9329.
Instructions: To properly identify your comments, please
include the agency name and the docket number at the beginning of your
comments. All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Wendy Coble, (202) 281-1046 or via
email at [email protected]. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 to contact the above individual during
business hours. The FIRS is available twenty-four hours a day, seven
days a week, to leave a message or question. You will receive a reply
during normal business hours. You may send mail to the Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Transportation (DOT) awarded funds to the
Port of Port Angeles (Port) under the Fiscal Year 2022 Port
Infrastructure Development Program for the Intermodal Handling and
Transfer Facility Project. The project is located in Port Angeles,
Washington.
The project proposes to improve the safety and efficiency of the
movement and sorting of forest products through Port Angeles, including
the following project components:
Site grading and resurfacing approximately 10 acres with
asphalt pavement;
Installing aboveground biofiltration treatment system with
pretreatment tanks, biofiltration cell, polishing cell, and associated
aboveground piping and appurtenances.
MARAD has defined the Project's area of potential effects (APE) as
the footprint of the Project with a buffer around the adjacent
archaeological site 45CA523 (Tse-whit-zen), inclusive of the potential
physical, visual, and acoustic effects.
Identification of Historic Properties
The analysis conducted for this project included two archaeological
investigations in coordination with the Lower Elwha Klallam Tribe
(LEKT). The first investigation consisted of a pedestrian and
subsurface survey performed in 2017. The second investigation was
completed in 2020 under a State of Washington Archaeological Site
Alteration and Excavation Permit issued by the DAHP and consisted of
additional survey and subsurface testing. The archaeological materials
collected during the 2020 investigation are currently held in trust for
the LEKT at the Burke Museum in Seattle, Washington. As a result of
these investigations, the boundary of Tse-whit-zen was expanded into a
portion of the Log Yard, which was considered for this project and is
considered an Area of Interest for LEKT under the Agreement.
The APE also contains three previously recorded historic
archaeological resources including 45CA773 (railroad spur), 45CA796
(railroad spur), and 45CA797 (kiln stack/historic debris scatter), all
of which are within the project footprint. All three sites were
previously recommended not eligible for listing in the NRHP by the
Port's archaeological contractor because they lack integrity and are
not significant under any of the NRHP Criteria for Evaluation. The
sites do not have any association with significant events or people,
nor do they convey distinctive design or construction. Furthermore, the
sites were found to lack the potential to yield information important
to history by the Port's archaeological contractor. DAHP determined
that these three historic archaeological sites did not require
[[Page 92998]]
further consideration during archaeological testing of the Port's Log
Yard in 2020.
Affected Historic Properties
Tse-whit-zen (site 45CA523) is a village of continuous
uninterrupted use by the LEKT extending back for more than 2,700 years.
The village was used extensively as a year-round place of habitation,
as well as for traditional practices of sea mammal hunting, shellfish
harvesting, and open marine water fishing. A large cemetery and
numerous burials are associated with the village and the LEKT continues
to maintain a cemetery at the site.
The site has been the subject of extensive investigations and
documentation associated with the Washington State Department of
Transportation's (WSDOT's) Graving Dock Facility for the Hood Canal
Bridge Retrofit and Replacement Project, which was formally located on
parcels owned by WSDOT. Two of these parcels are now owned by the Lower
Elwha Klallam Tribe adjacent to the log yard.
Tse-whit-zen (45CA523) was listed in the National Register of
Historic Places (NRHP) at the local level of significance under
Criterion D in 2014. The period of significance is 300--2,700 years
before present. The site includes three contributing areas and two
noncontributing areas, which correspond with five distinct zones within
the site. The site boundary at the time of listing was contained
entirely within a Lower Elwha Klallam Tribe's parcel. However, it has
been determined that the site extends beyond its originally defined
boundaries.
Project Impacts on Historic Properties
Project design minimizes ground disturbance by paving and limiting
excavation to match areas where the new surface transitions to the
existing paved stormwater retention area on the east portion of the log
yard. Excavation will not exceed a depth of 12 inches. However,
regrading and resurfacing overlaps with the boundary of Tse-whit-zen
(45CA523), although it will not impact any portions of the site that
have been identified by previous archaeological investigations.
Accordingly, project activities will not physically alter the historic
property (site 45CA523). However, the project will introduce new visual
elements that diminish the overall integrity of setting, feeling, and
association for the historic property.
Adverse Effects, Avoidance, Minimization and Mitigation
MARAD, in coordination with SHPO and LEKT, determined that this
project would require the development of a Memorandum of Agreement to
address the adverse effects. As of this public notice, MARAD, SHPO, the
Port, and LEKT have all agreed to be signatories to the Agreement. The
draft Agreement is available for review by going to
www.regulations.gov, and search using docket number ``MARAD-2024-
0149.''
To mitigate these adverse effects the MARAD will ensure the
following measures are carried out by the Port:
The Port will transfer to the LEKT ``Area of Interest''
identified during consultations, which is approximately 6.13 acres.
Prior to transfer, the Port will remove from the Protection Area the
existing storage warehouse building, office Conex, travel trailer,
truck weigh scale, existing paving, quarry spalls, and bark and woody
debris.
Ground disturbing activities associated with this
undertaking will be monitored by a professional archaeologist in
accordance with the Project-specific Monitoring and Inadvertent
Discovery Plan (MIDP). The MIDP details the monitoring and discovery
protocols. The MIDP will incorporate the disposition provisions in
section 10 of the 4 Party Agreement. All monitoring activities will be
supervised by the Project Senior Archaeologist, who will meet the
Secretary of the Interior's (SOI) Professional Qualifications Standards
for Archeology (36 CFR part 61, 48 FR 44738). Additionally, the Port
will retain the services of a Tribal Cultural Resources Monitor from
the LEKT, who will observe the monitoring activities.
[cir] The Port, in consultation with LEKT, will obtain a State of
Washington Archaeological Site Alteration and Excavation Permit from
the DAHP to carry out the Undertaking, as determined necessary by DAHP.
[cir] The Port will retain the services of a professional
archaeologist who meets the Secretary of the Interior's Professional
Qualifications Standards for archaeology (36 CFR part 61), to monitor
all Project-related ground disturbing activities.
[cir] The Port will compensate LEKT Cultural Resource Monitors to
observe all Undertaking ground disturbing activities as invoiced by
LEKT.
The LEKT will transfer to the Port the three stormwater
ponds that were constructed during the WSDOT Graving Dock project
(2003-2004). These ponds are located adjacent to the Northwest property
line of the LEKT's property. The footprint area of the three ponds is
approximately 0.80 acres.
[cir] The Port's use of the Ponds will be limited to stormwater
treatment and associated operation, maintenance, and repair. The Port's
ownership and use of the Ponds will satisfy the requirement that the
LEKT create a buffer from uses on adjoining property. Any alteration,
at any time in the future, of the Ponds will require written approval
by the LEKT. Ground disturbing work within the bottom footprint of the
Ponds will be subject to the requirements enumerated in section II.B.,
above. The Port will be able to perform vegetation maintenance without
notification.
The Port will work cooperatively with the LEKT so that the
runoff from within LEKT's property can utilize the Ponds and discharge
to the harbor through the existing piping system. The Port will ensure
that its use of the Ponds will not interfere with or cause damage to
the burials located adjacent to the Ponds.
Public Participation
MARAD may provide additional information and documents concerning
the project. This information, along with any comments received, can be
found at the above docket number. Please check the notice specific
docket for this information. It is requested that all public comments
be submitted for consideration within 45 calendar days from the posting
of this notice.
If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online as
described in the ADDRESSES section above. MARAD recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that MARAD can contact you if
there are questions regarding your submission.
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. 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 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter. Anyone can search the electronic form of all comments
received into any of our
[[Page 92999]]
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). For information on DOT's compliance with
the Privacy Act, please visit https://www.transportation.gov/privacy.
(Authority: 49 CFR 1.81 and 1.93; 36 CFR part 800; 5 U.S.C. 552b.)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2024-27531 Filed 11-22-24; 8:45 am]
BILLING CODE 4910-81-P
