80 FR 81414 - Notice of Final Federal Agency Actions on Proposed Highway in Minnesota
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 80, Issue 249 (December 29, 2015)
Federal Highway Administration
Federal Register Volume 80, Issue 249 (December 29, 2015)
| Page Range | 81414-81415 | |
| FR Document | 2015-32520 |
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)] [Notices] [Pages 81414-81415] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32520] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in Minnesota AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA. ----------------------------------------------------------------------- SUMMARY: This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, Trunk Highway (TH) 1/169 in the vicinity of Eagles Nest Lake from approximately 0.1 miles west of Sixmile Road to approximately 0.1 mile east of Bradach Road in the County of St. Louis, Minnesota. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the 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 actions on the highway project will be barred unless the claim is filed on or before May 27, 2016. 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 that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For FHWA: William Lohr, FHWA Minnesota Division Office, 380 Jackson Street, Suite 500, Saint Paul, MN 55101, telephone at 651-291-6100, or via email at [email protected]. Regular office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., c.t. For the Minnesota Department of Transportation (MnDOT): Michael Kalnbach, Project Manager, MnDOT District 1 Duluth, 1123 Mesaba Ave, Duluth, MN 55811, telephone 218-725-2700, email at [email protected]. Regular office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., c.t. SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of Minnesota: The proposed project will address deteriorating pavement conditions and provide safety improvements to a 5.7-mile long segment of TH 1/169 in the vicinity of Eagles Nest lake from approximately 0.1 mile west of Sixmile Road to approximately 0.1 mile east of Bradach Road in rural Saint Louis County, Minnesota. Approximately 3.5 [[Page 81415]] miles of the roadway at the east end of the project will be reconstructed on or directly adjacent to the existing roadway alignment, while the western approximately 2.2 miles will be constructed on new alignment south of the existing roadway. The actions by the agencies, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) for the project, approved on December 11, 2014, in the FHWA Finding of No Significant Impact (FONSI) issued on November 3, 2015, and in other documents in the project records. The EA, FONSI, and other project records are available by contacting FHWA or the MnDOT at the addresses provided above. The Environmental Assessment (EA) can be viewed and downloaded from the project Web site at http://www.dot.state.mn.us/d1/projects/Hwy169eagles/EA-EAW.html, or obtained from any contact listed above. The FONSI may be obtained from any of the contacts listed above. This notice applies to all Federal agency decisions that are final 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 128). 2. Air: Clean Air Act (42 U.S.C. 7401-7671q). 3. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544). 4. 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). 5. Wetlands and Water Resources: Clean Water Act (Sections 319, 401, and 404 (33 U.S.C. 1251-1387); Rivers and Harbors Act of 1899 (33 U.S.C. 401-406); Wetlands Mitigation (23 U.S.C. 119(g) and 133(b)(14)). 6. Executive Orders (E.O.): 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; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; and E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139 (l)(1) Issued on: December 16, 2015. David J. Scott, Assistant Division Administrator, FHWA, Saint Paul, Minnesota. [FR Doc. 2015-32520 Filed 12-28-15; 8:45 am] BILLING CODE 4910-RY-P
![81414 Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices
would consist of six travel lanes divided 5. Historic and Cultural Resources: DEPARTMENT OF TRANSPORTATION
by a flushed median with a concrete Section 106 of the National Historic
barrier. The 16.53-mile-long proposed Preservation Act of 1966, as amended Federal Highway Administration
tolled facility is primarily on new [16 U.S.C. 470(f) et seq.]; Archeological
location within a typical 300-foot ROW, Notice of Final Federal Agency Actions
Resources Protection Act of 1977 [16
which varies from 160 feet to 400 feet. on Proposed Highway in Minnesota
U.S.C. 470(aa)–11]; Archeological and
Construction of the proposed project Historic Preservation Act [16 U.S.C. AGENCY: Federal Highway
would be in three phases. Phase I 469–469(c)]; Native American Grave Administration (FHWA), Department of
construction would include a non-tolled Protection and Repatriation Act Transportation (DOT).
facility from 0.45 mile east of SP 600 to (NAGPRA) [25 U.S.C. 3001–3013]. ACTION: Notice of Limitation on Claims
FM 2557 (Stewart Road) along US 281 for Judicial Review of Actions by
(Military Highway), including a grade- 6. Social and Economic: Civil Rights
FHWA.
separated interchange at the SH 365/US Act of 1964 [42 U.S.C. 2000(d)–
281 (Military Highway) intersection, 2000(d)(1)]; American Indian Religious SUMMARY: This notice announces actions
and a 0.70-mile one way, one-lane non- Freedom Act [42 U.S.C. 1996]; Farmland taken by the FHWA that are final within
tolled border safety inspection facility Protection Policy Act (FPPA) [7 U.S.C. the meaning of 23 U.S.C. 139(l)(1). The
connector from US 281 (Military Road) 4201–4209]. actions relate to a proposed highway
to SP 29 (Veterans Boulevard). Phase II 7. Wetlands and Water Resources: project, Trunk Highway (TH) 1/169 in
construction would include a 13.4-mile Clean Water Act [33 U.S.C. 1251–1377]; the vicinity of Eagles Nest Lake from
tolled facility from FM 396 (Anzalduas approximately 0.1 miles west of Sixmile
Land and Water Conservation Fund
Highway) to US 281 (Military Highway). Road to approximately 0.1 mile east of
(LWCF) [16 U.S.C. 4601–4604]; Safe
Phase III construction would include a Bradach Road in the County of St.
3.13-mile tolled facility from FM 1016 Drinking Water Act (SDWA) [42 U.S.C.
Louis, Minnesota. Those actions grant
(Conway Avenue) to FM 396 (Anzalduas 300(f)–300(j)(6)]; Rivers and Harbors Act licenses, permits, and approvals for the
Highway), with transition westward of 1899 [33 U.S.C. 401–406]; Wild and project.
past FM 1016 (Conway Avenue). The Scenic Rivers Act [16 U.S.C. 1271–
DATES: By this notice, the FHWA is
purpose of the project is to improve 1287]; Emergency Wetlands Resources advising the public of final agency
mobility and interconnectivity in the Act [16 U.S.C. 3921, 3931]; TEA–21 actions subject to 23 U.S.C. 139(l)(1). A
area, enhance safety, and reduce Wetlands Mitigation [23 U.S.C. claim seeking judicial review of the
community disruption because of 103(b)(6)(m), 133(b)(11)]; Flood Disaster Federal agency actions on the highway
increasing freight traffic. Protection Act [42 U.S.C. 4001–4128]. project will be barred unless the claim
The actions by TxDOT and the 8. Executive Orders: E.O. 11990, is filed on or before May 27, 2016. If the
Federal agencies, and the laws under Protection of Wetlands; E.O. 11988, Federal law that authorizes judicial
which such actions were taken, are review of a claim provides a time period
Floodplain Management; E.O. 12898,
described in the final Environmental of less than 150 days for filing such
Federal Actions to Address
Assessment (EA) issued in June, 2015 claim, then that shorter time period still
for the project, for which a Finding of Environmental Justice in Minority
Populations and Low Income applies.
No Significant Impact (FONSI) was
Populations; E.O. 11593, Protection and FOR FURTHER INFORMATION CONTACT: For
issued on July 2, 2015, and in other
Enhancement of Cultural Resources; FHWA: William Lohr, FHWA
documents in the TxDOT administrative
E.O. 13007, Indian Sacred Sites; E.O. Minnesota Division Office, 380 Jackson
record. The EA, FONSI, and other
13287, Preserve America; E.O. 13175, Street, Suite 500, Saint Paul, MN 55101,
documents in the administrative record
Consultation and Coordination with telephone at 651–291–6100, or via email
file are available by contacting TxDOT
Indian Tribal Governments; E.O. 11514, at william.lohr@dot.gov. Regular office
at the address provided above. The
Protection and Enhancement of hours are Monday through Friday, 8:00
FONSI may also be viewed and
a.m. to 4:00 p.m., c.t. For the Minnesota
downloaded from the project sponsor Environmental Quality; E.O. 13112,
Department of Transportation (MnDOT):
Web site at http://www.hcrma.net/ Invasive Species; E.O. 12372,
Michael Kalnbach, Project Manager,
sh365.html. Intergovernmental Review of Federal
This notice applies to all TxDOT MnDOT District 1 Duluth, 1123 Mesaba
Programs. Ave, Duluth, MN 55811, telephone 218–
decisions and Federal agency decisions
The environmental review, 725–2700, email at michael.kalnbach@
as of the issuance date of this notice and
consultation, and other actions required state.mn.us. Regular office hours are
all laws under which such actions were
by applicable Federal environmental Monday through Friday, 8:00 a.m. to
taken, including but not limited to:
1. General: National Environmental laws for this project are being, or have 4:00 p.m., c.t.
Policy Act (NEPA) [42 U.S.C. 4321– been, carried-out by TxDOT pursuant to SUPPLEMENTARY INFORMATION: Notice is
4351]; Federal-Aid Highway Act [23 23 U.S.C. 327 and a Memorandum of hereby given that FHWA has taken final
U.S.C. 109]. Understanding dated December 16, agency actions subject to 23 U.S.C.
2. Air: Clean Air Act [42 U.S.C. 7401– 2014, and executed by FHWA and 139(l)(1) by issuing licenses, permits,
7671(q)]. TxDOT. and approvals for the following highway
3. Land: Section 4(f) of the project in the State of Minnesota: The
Authority: 23 U.S.C. 139(l)(1).
Department of Transportation Act of proposed project will address
asabaliauskas on DSK5VPTVN1PROD with NOTICES
1966 [49 U.S.C. 303]; Landscaping and Issued on: December 17, 2015. deteriorating pavement conditions and
Scenic Enhancement (Wildflowers), 23 Michael T. Leary, provide safety improvements to a 5.7-
U.S.C. 319. Director, Planning and Program Development, mile long segment of TH 1/169 in the
4. Wildlife: Endangered Species Act Federal Highway Administration. vicinity of Eagles Nest lake from
[16 U.S.C. 1531–1544 and Section [FR Doc. 2015–32521 Filed 12–28–15; 8:45 am] approximately 0.1 mile west of Sixmile
1536]; Fish and Wildlife Coordination BILLING CODE 4910–22–P
Road to approximately 0.1 mile east of
Act [16 U.S.C. 661–667(d)]; Migratory Bradach Road in rural Saint Louis
Bird Treaty Act [16 U.S.C. 703–712]. County, Minnesota. Approximately 3.5
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![Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices 81415
miles of the roadway at the east end of and Construction. The regulations see the Privacy Act heading below for
the project will be reconstructed on or implementing Executive Order 12372 further information.
directly adjacent to the existing roadway regarding intergovernmental consultation on Docket: For access to the docket to
alignment, while the western Federal programs and activities apply to this read background documents or
program.)
approximately 2.2 miles will be comments, go to http://
constructed on new alignment south of Authority: 23 U.S.C. 139 (l)(1) www.regulations.gov at any time or
the existing roadway. Issued on: December 16, 2015. Room W12–140 on the ground level of
The actions by the agencies, and the David J. Scott, the West Building, 1200 New Jersey
laws under which such actions were Avenue SE., Washington, DC, between 9
Assistant Division Administrator, FHWA,
taken, are described in the Saint Paul, Minnesota. a.m. and 5 p.m., Monday through
Environmental Assessment (EA) for the Friday, except Federal holidays. The
[FR Doc. 2015–32520 Filed 12–28–15; 8:45 am]
project, approved on December 11, Federal Docket Management System
BILLING CODE 4910–RY–P
2014, in the FHWA Finding of No (FDMS) is available 24 hours each day,
Significant Impact (FONSI) issued on 365 days each year. If you want
November 3, 2015, and in other DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
documents in the project records. The comments, please include a self-
EA, FONSI, and other project records Federal Motor Carrier Safety addressed, stamped envelope or
are available by contacting FHWA or the Administration postcard or print the acknowledgement
MnDOT at the addresses provided page that appears after submitting
above. The Environmental Assessment [Docket No. FMCSA–2015–0340]
comments on-line.
(EA) can be viewed and downloaded Privacy Act: In accordance with 5
from the project Web site at http:// Qualification of Drivers; Exemption
Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments
www.dot.state.mn.us/d1/projects/ from the public to better inform its
Hwy169eagles/EA-EAW.html, or AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
obtained from any contact listed above. Administration (FMCSA). comments, without edit, including any
The FONSI may be obtained from any ACTION: Notice of applications for personal information the commenter
of the contacts listed above. exemptions; request for comments. provides, to www.regulations.gov, as
This notice applies to all Federal described in the system of records
agency decisions that are final as of the SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14), which can be
issuance date of this notice and all laws applications from 55 individuals for reviewed at www.dot.gov/privacy.
under which such actions were taken, exemption from the prohibition against FOR FURTHER INFORMATION CONTACT:
including but not limited to: persons with insulin-treated diabetes Christine A. Hydock, Chief, Medical
1. General: National Environmental mellitus (ITDM) operating commercial Programs Division, (202) 366–4001,
Policy Act (NEPA) (42 U.S.C. 4321– motor vehicles (CMVs) in interstate fmcsamedical@dot.gov, FMCSA,
4351); Federal-Aid Highway Act (23 commerce. If granted, the exemptions Department of Transportation, 1200
U.S.C. 109 and 128). would enable these individuals with
2. Air: Clean Air Act (42 U.S.C. 7401– New Jersey Avenue SE., Room W64–
ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001.
7671q). commerce.
3. Wildlife: Endangered Species Act Office hours are 8:30 a.m. to 5 p.m., e.t.,
(16 U.S.C. 1531–1544). DATES: Comments must be received on Monday through Friday, except Federal
4. Historic and Cultural Resources: or before January 28, 2016. holidays.
Section 106 of the National Historic ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
Preservation Act of 1966, as amended bearing the Federal Docket Management I. Background
(16 U.S.C. 470f); Archeological System (FDMS) Docket No. FMCSA–
Resources Protection Act of 1977 (16 2015–0340 using any of the following Under 49 U.S.C. 31136(e) and 31315,
U.S.C. 470aa–470mm). methods: FMCSA may grant an exemption from
5. Wetlands and Water Resources: • Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety
Clean Water Act (Sections 319, 401, and http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds
404 (33 U.S.C. 1251–1387); Rivers and on-line instructions for submitting ‘‘such exemption would likely achieve a
Harbors Act of 1899 (33 U.S.C. 401– comments. level of safety that is equivalent to or
406); Wetlands Mitigation (23 U.S.C. • Mail: Docket Management Facility; greater than the level that would be
119(g) and 133(b)(14)). U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The
6. Executive Orders (E.O.): E.O. 11990 New Jersey Avenue SE., West Building statute also allows the Agency to renew
Protection of Wetlands; E.O. 11988 Ground Floor, Room W12–140, exemptions at the end of the 2-year
Floodplain Management; E.O. 12898, Washington, DC 20590–0001. period. The 55 individuals listed in this
Federal Actions to Address • Hand Delivery: West Building notice have recently requested such an
Environmental Justice in Minority Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition
Populations and Low Income New Jersey Avenue SE., Washington, in 49 CFR 391.41(b) (3), which applies
Populations; E.O. 11593 Protection and DC, between 9 a.m. and 5 p.m., Monday to drivers of CMVs in interstate
Enhancement of Cultural Resources; through Friday, except Federal commerce. Accordingly, the Agency
E.O. 13007 Indian Sacred Sites; E.O. Holidays. will evaluate the qualifications of each
asabaliauskas on DSK5VPTVN1PROD with NOTICES
13287 Preserve America; E.O. 13175 • Fax: 1–202–493–2251. applicant to determine whether granting
Consultation and Coordination with Instructions: Each submission must the exemption will achieve the required
Indian Tribal Governments; E.O. 11514 include the Agency name and the level of safety mandated by statute.
Protection and Enhancement of docket numbers for this notice. Note II. Qualifications of Applicants
Environmental Quality; and E.O. 13112 that all comments received will be
Invasive Species. posted without change to http:// William G. Adams
(Catalog of Federal Domestic Assistance www.regulations.gov, including any Mr. Adams, 63, has had ITDM since
Program Number 20.205, Highway Planning personal information provided. Please 2015. His endocrinologist examined him
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Document Created: 2015-12-29 10:15:27
Document Modified: 2015-12-29 10:15:27
| 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 Limitation on Claims for Judicial Review of Actions by FHWA. | |
| Dates | By this notice, the 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 actions on the highway project will be barred unless the claim is filed on or before May 27, 2016. 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 that shorter time period still applies. | |
| Contact | For FHWA: William Lohr, FHWA Minnesota Division Office, 380 Jackson Street, Suite 500, Saint Paul, MN 55101, telephone at 651-291-6100, or via email at [email protected] Regular office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., c.t. For the Minnesota Department of Transportation (MnDOT): Michael Kalnbach, Project Manager, MnDOT District 1 Duluth, 1123 Mesaba Ave, Duluth, MN 55811, telephone 218-725-2700, email at [email protected] Regular office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., c.t. | |
| FR Citation | 80 FR 81414 |
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