83 FR 2867 - Notice of Final Federal Agency Actions on Proposed Highway Project in Rhode Island
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 83, Issue 13 (January 19, 2018)
Federal Highway Administration
Federal Register Volume 83, Issue 13 (January 19, 2018)
| Page Range | 2867-2868 | |
| FR Document | 2018-00665 |
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)] [Notices] [Pages 2867-2868] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00665] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway Project in Rhode Island 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 pursuant to the statute. The actions relate to a proposed highway project, Toll Locations 1 and 2 in the Towns of Hopkinton, Richmond, and Exeter in the State of Rhode Island, FHWA Project Number T0LL002, Rhode Island Department of Transportation (RIDOT) Contract Number 2017- OT-002. 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 June 18, 2018. 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: Mr. Carlos E. Padilla- Fresse, MSCE, Program Delivery Supervisor, Federal Highway Administration Rhode Island Division, 380 Westminster Mall, Suite 601, Providence, Rhode Island 02903: telephone: (401) 528-4577; email: [email protected]. The FHWA Rhode Island Division Office's normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time), Monday through Friday, except Federal Holidays. For RIDOT: Mr. David Fish, P.E., Administrator of Project Management, Rhode Island Department of Transportation, Two Capitol Hill, Providence, Rhode Island 02903-1124, telephone: (401) 222-2023, email: [email protected]. RIDOT normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time), Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Effective December 20, 2017, the Federal Highway Administration (FHWA) assumed environmental responsibilities for this project pursuant to 23 U.S.C 327. Notice is hereby given that the FHWA has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing a Finding of No Significant Impact (FONSI) for the following highway project in the State of Rhode Island: Toll Locations 1 and 2 in the Towns of Hopkinton, Richmond, and Exeter. RIDOT proposes to construct and operate electronic toll systems at two locations (Toll Location 1--between Exits 2 and 3, and Location 2--between Exits 4 and 5) along Interstate 95 in the southwestern part of Rhode Island (Proposed Action). Revenue from Toll Locations 1 and 2 would be generated and used in accordance with The Rhode Island Bridge Replacement, Reconstruction and Maintenance Fund Act of 2016. The proposed toll systems would be used to collect toll revenue from a tractor or truck tractor as defined in 23 CFR 658.5, pulling a trailer or trailers traveling across select bridges associated with the toll locations. Each toll system would be comprised of one or more gantries with communication and electrical connections, a roadside cabinet on a concrete pad, and additional safety guardrail. The actions by the FHWA, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) for the project approved on December 15, 2017, and a Finding of No Significant Impact (FONSI) issued on December 20, 2017. The EA, FONSI, and other project records are available by contacting the FHWA or the Rhode Island Department of Transportation at the addresses provided above. The EA and FONSI can be viewed and downloaded from the project website at http://www.dot.ri.gov/rhodeworks/. 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. 4321-4370h]; Federal-Aid Highway Act [Title 23] and associated regulations [CFR part 23]. 2. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund Amendments and Reauthorization Act of 1986 [Pub. L. 99-499]; Resource Conservation and Recovery Act [42 U.S.C. 6901-6992(k)]. 3. Air: Clean Air Act, [42 U.S.C. 7401-7671(q)](transportation conformity); Intermodal Surface Transportation Efficiency Act of 1991, Congestion Mitigation and Air Quality Improvement Program (Sec 1008 U.S.C. 149). 4. Noise: 23 U.S.C. 109(i) (Pub. L. 91-605) (Pub. L. 93-87). 5. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(e)]; Migratory Bird Treaty Act [16 U.S.C. 703-712]. Plant Protection Act [7 U.S.C. 7701 et seq.]. [[Page 2868]] 6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, [54 U.S.C. 306108]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(mm)]; Archeological and Historic Preservation Act [16 U.S.C. 469-469 c-2]; Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-3013]. 7. Land: Section 4(f) of The Department of Transportation Act: [49 U.S.C. 303] Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201- 4209]. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.). 8. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)- 2000(d)(1)]; Uniform Relocation Assistance and Real Property Acquisition Act [42 U.S.C. 61]. 9. Wetlands and Water Resources: Clean Water Act [33 U.S.C 1251- 1387(Sections 319, 401, and 404)]; Flood Disaster Protection Act (42 U.S.C. 4012a 4106). 10. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 11988 Floodplain Management; 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. 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: January 9, 2018. Barbara Breslin, FHWA Rhode Island Division Second in Line, Providence, Rhode Island. [FR Doc. 2018-00665 Filed 1-18-18; 8:45 am] BILLING CODE 4910-22-P
![Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices 2867
enhance the quality, utility and clarity DEPARTMENT OF TRANSPORTATION (FONSI) for the following highway
of the information collection; and (d) project in the State of Rhode Island: Toll
ways that the burden could be Federal Highway Administration Locations 1 and 2 in the Towns of
minimized without reducing the quality Hopkinton, Richmond, and Exeter.
Notice of Final Federal Agency Actions RIDOT proposes to construct and
of the collected information. The agency
on Proposed Highway Project in operate electronic toll systems at two
will summarize and/or include your
Rhode Island locations (Toll Location 1—between
comments in the request for OMB’s
clearance of this information collection. AGENCY: Federal Highway Exits 2 and 3, and Location 2—between
Administration (FHWA), Department of Exits 4 and 5) along Interstate 95 in the
FOR FURTHER INFORMATION CONTACT: southwestern part of Rhode Island
Transportation (DOT).
Barbara Hall by email at: (Proposed Action). Revenue from Toll
ACTION: Notice of Limitation on Claims
Barbara.L.Hall@faa.gov; phone: 940– Locations 1 and 2 would be generated
for Judicial Review of Actions by
594–5913. FHWA. and used in accordance with The Rhode
SUPPLEMENTARY INFORMATION:
Island Bridge Replacement,
SUMMARY: This notice announces actions Reconstruction and Maintenance Fund
OMB Control Number: 2120–0044. taken by the FHWA that are final Act of 2016. The proposed toll systems
Title: Rotorcraft External Load pursuant to the statute. The actions would be used to collect toll revenue
Operator Certificate Application. relate to a proposed highway project, from a tractor or truck tractor as defined
Toll Locations 1 and 2 in the Towns of in 23 CFR 658.5, pulling a trailer or
Form Numbers: FAA Form 8710–4.
Hopkinton, Richmond, and Exeter in the trailers traveling across select bridges
Type of Review: This is a renewal of State of Rhode Island, FHWA Project associated with the toll locations. Each
an information collection. Number T0LL002, Rhode Island toll system would be comprised of one
Background: Application for Department of Transportation (RIDOT) or more gantries with communication
certificate issuance or renewal of a 14 Contract Number 2017–OT–002. and electrical connections, a roadside
CFR part 133 Rotorcraft External Load DATES: By this notice, the FHWA is cabinet on a concrete pad, and
Operator Certificate. Application for an advising the public of final agency additional safety guardrail.
original certificate or renewal of a actions subject to 23 U.S.C. 139(l)(1). A The actions by the FHWA, and the
certificate issued under 14 CFR part 133 claim seeking judicial review of the laws under which such actions were
is made on a form, and in a manner, Federal agency actions on the highway taken, are described in the
prescribed by the Administrator. The project will be barred unless the claim Environmental Assessment (EA) for the
FAA form 8710–4 may be obtained from is filed on or before June 18, 2018. If the project approved on December 15, 2017,
an FAA Flight Standards District Office. Federal law that authorizes judicial and a Finding of No Significant Impact
review of a claim provides a time period (FONSI) issued on December 20, 2017.
The completed application is sent to the
of less than 150 days for filing such The EA, FONSI, and other project
district office that has jurisdiction over
claim, then that shorter time period still records are available by contacting the
the area in which the applicant’s home applies. FHWA or the Rhode Island Department
base of operation is located.
FOR FURTHER INFORMATION CONTACT: For of Transportation at the addresses
The information collected includes: FHWA: Mr. Carlos E. Padilla-Fresse, provided above. The EA and FONSI can
Type of application, Operators name/ MSCE, Program Delivery Supervisor, be viewed and downloaded from the
DBAs, telephone number, mailing Federal Highway Administration Rhode project website at http://www.dot.ri.gov/
address, physical address of the Island Division, 380 Westminster Mall, rhodeworks/.
principal base of operations, Chief pilot/ Suite 601, Providence, Rhode Island This notice applies to all Federal
designee name, airman certificate grade 02903: telephone: (401) 528–4577; agency decisions as of the issuance date
and number, rotorcraft make/model email: Carlos.Padilla@dot.gov. The of this notice and all laws under which
registration numbers to be used and FHWA Rhode Island Division Office’s such actions were taken, including but
load combinations requested. normal business hours are 8:00 a.m. to not limited to:
Respondents: 358 active 14 CFR part 4:30 p.m. (Eastern Standard Time), 1. General: National Environmental Policy
133 Certificate Holders. Monday through Friday, except Federal Act (NEPA) [42 U.S.C. 4321–4370h];
Holidays. For RIDOT: Mr. David Fish, Federal-Aid Highway Act [Title 23] and
Frequency: New applications as P.E., Administrator of Project associated regulations [CFR part 23].
industry dictates, however, current 14 Management, Rhode Island Department 2. Hazardous Materials: Comprehensive
CFR part 133 certificate holders must of Transportation, Two Capitol Hill, Environmental Response, Compensation,
renew every 24 months. and Liability Act [42 U.S.C. 9601–9675];
Providence, Rhode Island 02903–1124, Superfund Amendments and
Estimated Average Burden per telephone: (401) 222–2023, email: Reauthorization Act of 1986 [Pub. L. 99–
Response: Approximately 30 minutes david.fish@dot.ri.gov. RIDOT normal 499]; Resource Conservation and
per application. business hours are 8:00 a.m. to 4:30 p.m. Recovery Act [42 U.S.C. 6901–6992(k)].
(Eastern Standard Time), Monday 3. Air: Clean Air Act, [42 U.S.C. 7401–
Estimated Total Annual Burden: 89.5 7671(q)](transportation conformity);
through Friday, except Federal
hours per year for 14 CFR part 133 Intermodal Surface Transportation
Holidays.
renewals. Efficiency Act of 1991, Congestion
SUPPLEMENTARY INFORMATION: Effective Mitigation and Air Quality Improvement
Issued in Fort Worth, TX on January 8,
December 20, 2017, the Federal Program (Sec 1008 U.S.C. 149).
daltland on DSKBBV9HB2PROD with NOTICES
2018. 4. Noise: 23 U.S.C. 109(i) (Pub. L. 91–605)
Highway Administration (FHWA)
Barbara L. Hall, assumed environmental responsibilities (Pub. L. 93–87).
FAA Information Collection Clearance for this project pursuant to 23 U.S.C 5. Wildlife: Endangered Species Act [16
Officer, Performance, Policy, and Records U.S.C. 1531–1544]; Fish and Wildlife
327. Notice is hereby given that the Coordination Act [16 U.S.C. 661–667(e)];
Management Branch, ASP–110. FHWA has taken final agency actions Migratory Bird Treaty Act [16 U.S.C.
[FR Doc. 2018–00827 Filed 1–18–18; 8:45 am] subject to 23 U.S.C. 139(l)(1) by issuing 703–712]. Plant Protection Act [7 U.S.C.
BILLING CODE 4910–13–P a Finding of No Significant Impact 7701 et seq.].
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![2868 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices
6. Historic and Cultural Resources: Section property-carrying commercial motor well as small and medium-size
106 of the National Historic Preservation vehicles (CMVs) that are rented for a businesses that generally participate as
Act of 1966, [54 U.S.C. 306108]; period not exceeding 30 days. The members of four leasing group systems:
Archeological Resources Protection Act
Agency takes this action in response to Idealease, NationaLease, PACCAR
of 1977 [16 U.S.C. 470(aa)–470(mm)];
Archeological and Historic Preservation a waiver request from the Truck Renting Leasing company, and Mack Leasing
Act [16 U.S.C. 469–469 c–2]; Native and Leasing Association, Inc. (TRALA). System-Volvo Truck Leasing. In total, its
American Grave Protection and The Agency has determined that nearly 500 member companies operate
Repatriation Act [25 U.S.C. 3001–3013]. granting this waiver is in the public more than 5,000 commercial leasing and
7. Land: Section 4(f) of The Department of interest and will likely achieve a level rental locations, and more than 20,000
Transportation Act: [49 U.S.C. 303] of safety that is equivalent to the level consumer rental locations throughout
Farmland Protection Policy Act (FPPA) that would be achieved absent the the United States, Mexico, and Canada.
[7 U.S.C. 4201–4209]. Solid Waste ‘‘Renting’’ is a term of art in the vehicle
Disposal Act, as amended by the
waiver, based on the terms and
Resource Conservation and Recovery Act conditions imposed. leasing industry, generally meaning a
of 1976 (42 U.S.C. 6901, et seq.). DATES: This waiver is effective January transaction granting the exclusive use of
8. Social and Economic: Civil Rights Act of 19, 2018, through April 19, 2018. a vehicle for 30 days or less, whereas a
1964 [42 U.S.C. 2000(d)–2000(d)(1)]; FOR FURTHER INFORMATION CONTACT:
lease generally means a transaction
Uniform Relocation Assistance and Real Thomas L. Yager, Chief, Driver and granting the exclusive use of a vehicle
Property Acquisition Act [42 U.S.C. 61].
Carrier Operations Division, Office of for more than 30 days.
9. Wetlands and Water Resources: Clean In November 2016, TRALA submitted
Water Act [33 U.S.C 1251–1387(Sections Bus and Truck Standards and
a petition requesting a 5-year exemption
319, 401, and 404)]; Flood Disaster Operations, Federal Motor Carrier Safety
on behalf of operators of property-
Protection Act (42 U.S.C. 4012a 4106). Administration, 1200 New Jersey Ave.
carrying commercial motor vehicles
10. Executive Orders: E.O. 11990 Protection SE, Washington, DC 20590. Email: rented for 30 days or fewer from the
of Wetlands; E.O. 12898, Federal Actions MCPSD@dot.gov. Phone: (614) 942–
to Address Environmental Justice in requirement that motor carriers whose
6477. drivers are required to keep records of
Minority Populations and Low Income
Populations; E.O. 11514 Protection and SUPPLEMENTARY INFORMATION: duty status (RODS) under the HOS rules
Enhancement of Environmental Quality;
Legal Basis generally must employ ELDs beginning
E.O. 11988 Floodplain Management; E.O. December 18, 2017, in lieu of paper
11593 Protection and Enhancement of The Transportation Equity Act for the logs, pursuant to an FMCSA rule
Cultural Resources; E.O. 13007 Indian 21st Century (TEA–21) (Pub. L. 105– published December 16, 2015 (80 FR
Sacred Sites; E.O. 13287 Preserve 178, 112 Stat. 107, sec. 4007(a) June 9, 78292). While TRALA stated that it
America; E.O. 13175 Consultation and 1998) provides the Secretary of
Coordination with Indian Tribal supported the ELD mandate, it was
Transportation (the Secretary) the concerned about unintended technical
Governments; E.O. 13112 Invasive
Species. authority to grant waivers from any of and operational consequences that
the Federal Motor Carrier Safety would unfairly and adversely affect
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning Regulations issued under Chapter 313 of short-term rental vehicles, namely, lack
and Construction. The regulations Title 49 of the United States Code or 49 of interoperability between the motor
implementing Executive Order 12372 U.S.C. 31136, to a person(s) seeking carrier’s ELD technology and the rental
regarding intergovernmental consultation on regulatory relief (49 U.S.C. 31136(e), company’s platform, potentially
Federal programs and activities apply to this 31315(a)). The Secretary must make a precluding data transfer between the
program.) determination that the waiver is in the two systems. TRALA also raised
Authority: 23 U.S.C. 139(l)(1) public interest and that it is likely to concerns about data liability,
Issued on: January 9, 2018. achieve a level of safety that is particularly if the rental companies
equivalent to, or greater than, the level needed to bear the burden of
Barbara Breslin,
of safety that would be obtained in the safeguarding data on behalf of the motor
FHWA Rhode Island Division Second in Line,
absence of the waiver. Individual carrier.
Providence, Rhode Island.
waivers may be granted only for a In accordance with 49 CFR 381.315,
[FR Doc. 2018–00665 Filed 1–18–18; 8:45 am]
specific unique, non-emergency event, FMCSA sought public comment on
BILLING CODE 4910–22–P
for a period up to three months. TEA– TRALA’s exemption request (82 FR
21 authorizes the Secretary to grant 14789 (Mar. 22, 2017)). FMCSA
waivers without prior notice or request evaluated TRALA’s application and the
DEPARTMENT OF TRANSPORTATION
for public comment. public comments and granted a limited
Federal Motor Carrier Safety The Administrator of FMCSA has exception, subject to specified terms
Administration been delegated authority under 49 CFR and conditions, but only for rentals not
1.87(e) to carry out the functions vested exceeding 8 days (82 FR 47306 (Oct. 11,
[Docket No. FMCSA–2016–0428] in the Secretary by 49 U.S.C. chapter 2017)).
311, subchapters I and III, relating to
Hours of Service; Electronic Logging Waiver Request
commercial motor vehicle programs and
Devices; Limited 90-Day Waiver; Truck safety regulations. After FMCSA granted TRALA’s
Renting and Leasing Association, Inc. exemption in part, TRALA filed a
Background request for a 90-day waiver from the
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT TRALA is a national trade association ELD requirement for truck rentals not
daltland on DSKBBV9HB2PROD with NOTICES
ACTION: Notice; grant of waiver. representing companies that engage in exceeding 30 days. TRALA indicated
commercial truck renting and leasing as that a 90-day waiver would allow rental
SUMMARY: FMCSA grants a limited 3- well as consumer truck rentals. Its companies and their customers ‘‘critical
month waiver from the Federal hours- membership encompasses major additional time to develop compliance
of-service (HOS) requirements for independent firms such as Ryder strategies’’ to address ‘‘unique issues
electronic logging devices (ELDs) to System, Penske Truck Leasing, U-Haul, relating to the use of ELDs in short-term
motor carriers and drivers operating Budget, and Enterprise Truck Rental, as rental vehicles’’ and allow time for
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Document Created: 2018-01-19 02:42:43
Document Modified: 2018-01-19 02:42:43
| 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 June 18, 2018. 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: Mr. Carlos E. Padilla- Fresse, MSCE, Program Delivery Supervisor, Federal Highway Administration Rhode Island Division, 380 Westminster Mall, Suite 601, Providence, Rhode Island 02903: telephone: (401) 528-4577; email: [email protected] The FHWA Rhode Island Division Office's normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time), Monday through Friday, except Federal Holidays. For RIDOT: Mr. David Fish, P.E., Administrator of Project Management, Rhode Island Department of Transportation, Two Capitol Hill, Providence, Rhode Island 02903-1124, telephone: (401) 222-2023, email: [email protected] RIDOT normal business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time), Monday through Friday, except Federal Holidays. | |
| FR Citation | 83 FR 2867 |
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