81 FR 65695 - Notice of Final Federal Agency Actions on Proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project Between Exits 51 & 52 (Eastbound) in the Town of Huntington, Suffolk County, New York

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range		65695-65696
FR Document		2016-22700

This notice announces actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project between Exits 51 & 52 (eastbound) in the Town of Huntington, Suffolk County, New York (NYSDOT Project Identification Number: 0229.14). Those actions rescind the Record of Decision (ROD) and the Final Environmental Impact Statement (FEIS) dated May 21, 2007. The ROD was signed by FHWA on August 6, 2007.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)

[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65695-65696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22700]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Interstate 495 
(Long Island Expressway) Rest Area Upgrade Project Between Exits 51 & 
52 (Eastbound) in the Town of Huntington, Suffolk County, New York

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.

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SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The 
actions relate to the proposed Interstate 495 (Long Island Expressway) 
Rest Area Upgrade Project between Exits 51 & 52 (eastbound) in the Town 
of Huntington, Suffolk County, New York (NYSDOT Project Identification 
Number: 0229.14). Those actions rescind the Record of Decision (ROD) 
and the Final Environmental Impact Statement (FEIS) dated May 21, 2007. 
The ROD was signed by FHWA on August 6, 2007.

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 actions on the highway project will be barred 
unless the claim is filed on or before 150 days after publication of 
this notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Peter Osborn, Division Administrator, 
Federal Highway Administration, New York Division, Leo W. O'Brien 
Federal Building, Suite 719, Clinton Avenue and North Pearl Street, 
Albany, New York 12207. Telephone (518) 431-4127

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing a 
Rescission of the Record of Decision and a Rescission of the Final 
Environmental Impact Statement (FEIS) for the proposed Interstate 495 
(Long Island Expressway) Rest Area Upgrade Project between Exits 51 & 
52 (eastbound) in the Town of Huntington, Suffolk County, New York. The 
FHWA, as the lead Federal agency, in cooperation with the New York 
State Department of Transportation (NYSDOT) signed a ROD on August 6, 
2007, for the proposed Interstate 495 (Long Island Expressway) Rest 
Area Upgrade Project between Exits 51 & 52 (eastbound). The proposed 
project evaluated alternatives for upgrading the existing rest area for 
cars and trucks located on I-495/LIE eastbound between Exits 51 and 52. 
Since the ROD was signed, NYSDOT notified FHWA that Federal funds will 
not be utilized during the final design and construction of the 
project. Therefore, FHWA has determined that the ROD and the Final 
Environmental Impact Statement dated May 21, 2007, will be rescinded 
since there will be no Federal action, and the requirements of the 
National Environmental Policy Act pursuant to 42 U.S.C. 4321, et seq. 
and 23 Code of Federal Regulations 771 no longer apply.
    This notice applies to all Federal agency decisions 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. 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 [16 U.S.C. 1531-1544 and 
Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    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. 469-469(c)]; Native American Grave Protection and Repatriation 
Act (NAGPRA) [25 U.S.C. 3001-3013].
    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].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; 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]; Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    8. 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; 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; 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

[[Page 65696]]

Federal programs and activities apply to this program.)

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

    Issued on: September 12, 2016.
Peter Osborn,
Division Administrator, Federal Highway Administration, Albany, New 
York.
[FR Doc. 2016-22700 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-RY-P

65696 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices

Federal programs and activities apply to this Background obtain the permanent CDL and place the
program.) new driver into an on-the-job training
FMCSA has authority under 49 U.S.C.
Authority: 23 U.S.C. 139(l)(1) 31136(e) and 31315 to grant exemptions position with a driver-trainer. The
Issued on: September 12, 2016. from some of the Federal Motor Carrier driver-trainer supervised and observed
Safety Regulations. FMCSA must the new driver, but was not required to
Peter Osborn,
publish a notice of each exemption be on duty and in the front seat at all
Division Administrator, Federal Highway times. Thus, the new driver became
Administration, Albany, New York. request in the Federal Register (49 CFR
381.315(a)). The Agency must provide productive immediately, allowing more
[FR Doc. 2016–22700 Filed 9–22–16; 8:45 am] freight movement for CRST and
the public an opportunity to inspect the
BILLING CODE 4910–RY–P compensation for the new driver.
information relevant to the application,
CRST contends that compliance with
including any safety analyses that have the CDL rule places them in a very
DEPARTMENT OF TRANSPORTATION been conducted. The Agency must also difficult position regarding how they
provide an opportunity for public return CLP holders who have passed
Federal Motor Carrier Safety comment on the request. their skills testing to their State of
Administration The Agency reviews the safety domicile to obtain their CDL. According
analyses and the public comments, and to CRST, the two possible courses of
[Docket No. FMCSA–2015–0480] determines whether granting the action in this scenario are simple, yet
exemption would likely achieve a level costly: (1) CRST sends CLP holders to
Commercial Driver’s License of safety equivalent to, or greater than, their home State by public
Standards: Application for Exemption; the level that would be achieved by the transportation to obtain the CDL and
CRST Expedited current regulation (49 CFR 381.305). hopes the drivers return to CRST for
The decision of the Agency must be employment; or (2) CRST sends CLP
AGENCY:Federal Motor Carrier Safety published in the Federal Register (49 holders back to their home State as
Administration (FMCSA), DOT. CFR 381.315(b)) with the reason for the passengers on one of its trucks. Granting
ACTION: Notice of final disposition; grant grant or denial, and, if granted, the the exemption would allow the CLP
of application for exemption. specific person or class of persons holder to drive as part of a team on that
receiving the exemption, and the trip, resulting in reduced costs and
SUMMARY: FMCSA announces its regulatory provision or provisions from increased productivity.
decision to grant CRST Expedited which exemption is granted. The notice CRST asserts that the exemption
(CRST) an exemption from the must also specify the effective period of would be consistent with the Agency’s
regulation that requires a commercial the exemption, and explain the terms comments in the preamble to the final
learner’s permit (CLP) holder to be and conditions of the exemption. The rule adopting § 383.25 that ‘‘FMCSA
accompanied by a commercial driver’s exemption may be renewed (49 CFR does not believe that it is safe to permit
license (CDL) holder with the proper 381.300(b)). inexperienced drivers who have not
CDL class and endorsements, seated in Request for Exemption passed the CDL skills test to drive
the front seat of the vehicle while the unaccompanied.’’ (76 FR 26854, 26861
CRST is one of the nation’s largest May 9, 2011). The exemption sought
CLP holder performs behind-the-wheel
transportation companies with a fleet of would apply only to those CRST drivers
training on public roads or highways.
more than 4,500 CMVs. CRST seeks an who have passed the CDL skills test and
Under the terms and conditions of this
exemption from 49 CFR 383.25(a)(1) hold a CLP. CRST believes that the
exemption, a CLP holder who has
that would allow CLP holders who have exemption would result in a level of
documentation of passing the CDL skills
successfully passed a CDL skills test and safety that is equivalent to or greater
test may drive a commercial motor
are thus eligible to receive a CDL, to than the level of safety provided under
vehicle (CMV) for CRST without being
drive a truck without a CDL holder the rule. The only difference between a
accompanied by a CDL holder in the
being present in the front seat of the CLP holder who has passed the CDL
front seat of the vehicle. The exemption
vehicle. CRST indicates that the CDL skills test and a CDL holder is that the
enables CLP holders to drive as part of
holder will remain in the vehicle at all latter has received the actual CDL
a team and have the same regulatory
times while the CLP holder is driving— document from a State driver licensing
flexibility as CRST team drivers with
just not in the front seat. This would agency.
CDLs. FMCSA has analyzed the
allow a CLP holder to participate in a
exemption application and the public Public Comments
revenue-producing trip back to his or
comments and has determined that the
her State of domicile to obtain the CDL On January 5, 2016, FMCSA
exemption, subject to the terms and
document, as the CDL can only be published notice of this application and
conditions imposed, will achieve a level
issued by the State of domicile in requested public comment (81 FR 291).
of safety that is equivalent to, or greater
accordance with 49 CFR part 383. The Agency received 56 comments.
than, the level that would be achieved CRST noted the trucking industry’s Most of the comments opposed to the
absent such exemption. need for qualified and well-trained CRST request were from truck drivers,
DATES: The exemption is effective from drivers to meet increasing shipping driver-trainers, and other individuals.
September 23, 2016 through September demands. CRST believes that 49 CFR These respondents do not believe that it
24, 2018. 383.25(a)(1) limits its ability to is safe for a CLP holder to operate a
efficiently recruit, train, and employ
sradovich on DSK3GMQ082PROD with NOTICES

FOR FURTHER INFORMATION CONTACT: Mr. CMV without the supervision of a CDL
new entrants to the industry. Prior to driver-trainer in the front seat of the
Tom Yager, Chief, FMCSA Driver and
the implementation of section truck.
Carrier Operations Division; Office of
385.25(a)(1), States routinely issued The Iowa Motor Truck Association
Carrier, Driver and Vehicle Safety
temporary CDLs to drivers who passed (IMTA) supported the exemption
Standards; Telephone: (614) 942–6477.
the CDL skills test. The temporary CDL request, commenting that if CLP holders
Email: MCPSD@dot.gov.
allowed CRST time to route the new are properly trained and tested, the fact
SUPPLEMENTARY INFORMATION: driver to his or her State of domicile to that they have not yet obtained their

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Document Created: 2016-09-23 01:43:12
Document Modified: 2016-09-23 01:43:12

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, 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 150 days after publication of this notice in the Federal Register.
Contact		Peter Osborn, Division Administrator, Federal Highway Administration, New York Division, Leo W. O'Brien Federal Building, Suite 719, Clinton Avenue and North Pearl Street, Albany, New York 12207. Telephone (518) 431-4127
FR Citation		81 FR 65695

81 FR 65695 - Notice of Final Federal Agency Actions on Proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project Between Exits 51 & 52 (Eastbound) in the Town of Huntington, Suffolk County, New York

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 81, Issue 185 (September 23, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration