80 FR 33583 - Notice of Final Federal Agency Actions on Proposed Highway in Minnesota

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range		33583-33584
FR Document		2015-14080

This notice announces actions taken by FHWA and other Federal Agencies that are final in the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project corridor connecting Trunk Highway 169 and United States Highway 212 in the vicinity of Trunk Highway 41 in the Counties of Scott and Carver, State of Minnesota. The Federal decisions of a tiered environmental review process under the National Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), and implementing regulations on tiering, 40 CFR 1502.20 and 40 CFR 1508.28, determined certain issues relating to the proposed action. Those Tier I decisions will be used by Federal agencies in subsequent proceedings, including decisions whether to grant licenses, permits, and approvals for highway project(s).

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33583-33584]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14080]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Minnesota

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitations on claims for Judicial Reviews by FHWA.

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SUMMARY: This notice announces actions taken by FHWA and other Federal 
Agencies that are final in the meaning of 23 U.S.C. 139(l)(1). The 
actions relate to a proposed highway project corridor connecting Trunk 
Highway 169 and United States Highway 212 in the vicinity of Trunk 
Highway 41 in the Counties of Scott and Carver, State of Minnesota. The 
Federal decisions of a tiered environmental review process under the 
National Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), and 
implementing regulations on tiering, 40 CFR 1502.20 and 40 CFR 1508.28, 
determined certain issues relating to the proposed action. Those Tier I 
decisions will be used by Federal agencies in subsequent proceedings, 
including decisions whether to grant licenses, permits, and approvals 
for highway project(s).

DATES: By this notice, FHWA is advising the public of the 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 9, 2015. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such a claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Philip Forst, Environmental 
Specialist, FHWA, Minnesota Division, 380 Jackson Street, Suite 500, 
Saint Paul, MN 55101, [email protected], Phone: (651) 291-6100. For 
the Minnesota Department of Transportation, Diane Langenbach, Project 
Manager, Minnesota Department of Transportation, Metro District, 1500 
West County Road B2, Roseville, MN 55113, Phone: (651) 234-7721.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has issued 
at Tier I Record of Decision (ROD) in connection with a proposed 
highway project in the State of Minnesota: Construction of a new Trunk 
Highway (TH) 41 Minnesota River crossing connecting Trunk Highway 169 
and United States (US) Highway 212 in the vicinity of the existing 
Trunk Highway 41. A modified Alternative C-2 corridor was the selected 
alternative in the Tier I FEIS. The selected alternative is an 
approximately 3 mile long, 300-foot wide corridor to accommodate a new 
four-lane east-west regional freeway connection between US 169 and US 
212 that will improve regional accessibility and alleviate traffic 
congestion. Approximately six corridor alternatives were evaluated in 
the Tier I process. The selected alternative is the only corridor build 
alternative to be carried forward into a future Tier II EIS.
    The Tier I final Federal agency decisions, and the laws under which 
such actions were taken, are described in the Tier I Final 
Environmental Impact Statement (FEIS), approved on November 12, 2014, 
in the Record of Decision (ROD) issued on March 16, 2015, and in other 
documents in the project records. The FEIS, ROD, and other documents in 
the project file are available by contacting the Minnesota Division of 
the FHWA or the Minnesota Department of Transportation at the addresses 
provided above. The FEIS and ROD can be viewed on the project Web site 
at http://www.dot.state.mn.us/metro/projects/hwy41bridge/documents.html, or obtained by contacting the individuals listed above.
    This notice applies to all Federal agency decisions that are final 
in the meaning of 23 U.S.C. 139(l)(1) as of the issuance date of this 
notice and all laws under which such actions were taken, including but 
not limited to:

1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
2. Land: Section 4(f) of the Department of Transportation Act of 1966 
[49 U.S.C. 303; 23 U.S.C. 138].
3. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469c].
4. Social and Economic: Farmland Protection Policy Act (FPPA) [7 U.S.C. 
4201-4209]
5. Wetlands and Water Resources: Clean Water Act (Section 404, Section 
401, Section 319) [33 U.S.C. 1251-1387]; Land and Water Conservation 
Fund (LWCF) [16 U.S.C. 4601-4604]; Wetlands Mitigation [23 U.S.C. 
119(g) and 133(b)(14)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-
1287].
6. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources.

(Catalog of 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.)



[[Page 33584]]


    Authority: 23 U.S.C. 139(l)(1).

    Issued on: May 26, 2015.
Arlene Kocher,
Division Administrator.
[FR Doc. 2015-14080 Filed 6-11-15; 8:45 am]
 BILLING CODE 4910-22-P

33584 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices

Authority: 23 U.S.C. 139(l)(1). • Hand Delivery or Courier: West determines whether granting or renewal
Issued on: May 26, 2015. Building Ground Floor, Room W12–140, of the exemption would likely achieve
Arlene Kocher, 1200 New Jersey Avenue SE., a level of safety equivalent to, or greater
Division Administrator.
Washington, DC, between 9 a.m. and 5 than, the level that would be achieved
p.m., ET, Monday through Friday, by the current regulation (49 CFR
[FR Doc. 2015–14080 Filed 6–11–15; 8:45 am]
except Federal Holidays. 381.305). The decision of the Agency
BILLING CODE 4910–22–P
• Fax: 1–202–493–2251. must be published in the Federal
Each submission must include the Register (49 CFR 381.315(b)) with the
Agency name and the docket number for reason for the grant or denial, and, if
DEPARTMENT OF TRANSPORTATION
this notice. Note that DOT posts all granted, the specific person or class of
[4910–EX–P]
comments received without change to persons receiving the exemption, and
Federal Motor Carrier Safety www.regulations.gov, including any the regulatory provision or provisions
Administration personal information included in a from which exemption is granted. The
comment. Please see the Privacy Act notice must also specify the effective
[Docket No. FMCSA–2013–0283] heading below.
period of the exemption (up to 2 years),
Docket: For access to the docket to
Hours of Service of Drivers: and explain the terms and conditions of
read background documents or
Agricultural and Food Transporters the exemption. The exemption may be
comments, go to www.regulations.gov at
Conference (AFTC); Granting of renewed (49 CFR 381.300(b)).
any time or visit Room W12–140 on the
Renewal of Exemption
ground level of the West Building, 1200 Background
AGENCY: Federal Motor Carrier Safety New Jersey Avenue SE., Washington,
Administration (FMCSA), DOT. DC, between 9 a.m. and 5 p.m., ET, On December 27, 2011, FMCSA
ACTION: Notice of renewal of exemption; Monday through Friday, except Federal published a final rule amending its HOS
request for comments. holidays. The online FDMS is available regulations for drivers of property-
24 hours each day, 365 days each year. carrying CMVs. The final rule included
SUMMARY: FMCSA announces its If you want acknowledgment that we a provision requiring drivers to take a
decision to renew an exemption from received your comments, please include rest break during the workday under
the 30-minute rest break provision of a self-addressed, stamped envelope or certain circumstances. Drivers may
the Agency’s hours-of-service (HOS) postcard or print the acknowledgment drive a CMV only if a period of 8 hours
regulations for commercial motor page that appears after submitting or less has passed since the end of their
vehicle (CMV) drivers transporting comments on-line. last off-duty or sleeper-berth period of at
livestock. The Agricultural and Food Privacy Act: In accordance with 5 least 30 minutes. FMCSA did not
Transporters Conference (AFTC) of the U.S.C. 553(c), DOT solicits comments specify when drivers must take the
American Trucking Associations (ATA) from the public to better inform its minimum 30-minute break, but the rule
requested that the exemption, granted rulemaking process. DOT posts these requires that they wait no longer than 8
on behalf of several associations of comments, without edit, including any hours after the last off-duty or sleeper-
agricultural transporters, be renewed to personal information the commenter berth period of that length or longer to
enable these drivers to continue to provides, to www.regulations.gov, as take the break. This new requirement, as
safeguard the health of certain livestock described in the system of records amended by a subsequent decision of
during long-haul deliveries by not notice (DOT/ALL–14 FDMS), which can the United States Court of Appeals for
having to take the rest break. The be reviewed at www.dot.gov/privacy. the DC Circuit,1 is codified at 49 CFR
Agency has determined that it is FOR FURTHER INFORMATION CONTACT: Mr. 395.3(a)(3)(ii).
appropriate to renew this exemption for Robert Schultz, Driver and Carrier
a period of two years to ensure the well- Operations Division; Office of Carrier, Exemption
being of the Nation’s livestock during Driver and Vehicle Safety Standards,
interstate transportation by CMV. The FMCSA; Telephone: 202–366–2718. On June 19, 2013, the National Pork
exemption, subject to the terms and Email: MCPSD@dot.gov. If you have Producers Council (NPPC) on behalf of
conditions imposed, will likely achieve questions on viewing or submitting itself and 12 trade associations,
a level of safety that is equivalent to, or material to the docket, contact Docket including ATA’s Agricultural and Food
greater than, the level that would be Services, telephone (202) 366–9826. Transporters Conference, requested a
achieved absent such exemption. limited two-year exemption from the
SUPPLEMENTARY INFORMATION:
DATES: This exemption is effective June rest-break requirement for drivers of
12, 2015, through June 12, 2017. Legal Basis CMVs engaged in the transportation of
Comments must be received on or FMCSA has authority under 49 U.S.C. livestock. A copy of the request is
before July 13, 2015. 31136(e) and 31315 to grant exemptions included in the docket referenced at the
ADDRESSES: You may submit comments from the Federal Motor Carrier Safety beginning of this notice.
bearing the Federal Docket Management Regulations. FMCSA must publish a The NPPC stated that complying with
System (FDMS) Docket ID FMCSA– notice of each exemption request in the the 30-minute rest break rule would
2013–0283 using any of the following Federal Register (49 CFR 381.315(a)). cause livestock producers and their
methods: The Agency must provide the public an drivers irreparable harm, place the
• Federal eRulemaking Portal: Go to
mstockstill on DSK4VPTVN1PROD with NOTICES

opportunity to inspect the information health and welfare of the livestock at
www.regulations.gov. Follow the on-line relevant to the application, including risk, and provide no apparent benefit to
instructions for submitting comments. any safety analyses that have been public safety, while forcing the livestock
• Mail: Docket Management Facility; conducted. The Agency must also industry and its drivers to choose
U.S. Department of Transportation, 1200 provide an opportunity for public
New Jersey Avenue SE., West Building comment on the request. 1 American Trucking Associations, Inc., v.
Ground Floor, Room W12–140, The Agency reviews the safety Federal Motor Carrier Safety Administration, 724
Washington, DC 20590–0001. analyses and the public comments, and F.3d 243 (D.C. Cir. 2013).

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Document Created: 2018-02-22 10:16:06
Document Modified: 2018-02-22 10:16:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of limitations on claims for Judicial Reviews by FHWA.
Dates		By this notice, FHWA is advising the public of the 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 9, 2015. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies.
Contact		For FHWA: Philip Forst, Environmental Specialist, FHWA, Minnesota Division, 380 Jackson Street, Suite 500, Saint Paul, MN 55101, [email protected], Phone: (651) 291-6100. For the Minnesota Department of Transportation, Diane Langenbach, Project Manager, Minnesota Department of Transportation, Metro District, 1500 West County Road B2, Roseville, MN 55113, Phone: (651) 234-7721.
FR Citation		80 FR 33583

80 FR 33583 - Notice of Final Federal Agency Actions on Proposed Highway in Minnesota

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 80, Issue 113 (June 12, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration