Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 5889

Point. The area of concern is within the 

Park, where a portion of Cattle Point 

Road is located on top of a steep bluff 

along the shore of the Strait of Juan de 

Fuca. 

The purpose of this project is to 

ensure that vehicular and pedestrian 

access to the San Juan Island National 

Historical Park and land outside the 

Park on Cattle Point will continue in a 

manner that provides a safe and 

pleasurable experience for the public 

yet minimizes or avoids impacts to the 

Park, NRCA, and the island 

environment. 

Coastal wind and wave action are 

eroding the base of the slope that 

supports the Cattle Point Road. If 

erosion continues unabated, the 

roadway may fail and severely impact 

vehicular and non-motorized access to 

the Cattle Point area of San Juan Island. 

Alternative road alignments and various 

engineering concepts need to be 

explored to address these road integrity 

and resource protection problems. 

Design concepts need to be measured 

against environmental concerns so as to 

articulate the natural, cultural, scenic 

and socio-economic effects for 

implementing any one of the 

alternatives to be studied. The preferred 

alternative must also be consistent with 

the adopted land management plans of 

the Park and NRCA, if nearby 

Washington State Department of Natural 

Resource lands are affected. As required 

in the National Environmental Policy 

Act (NEPA), a No Action alternative will 

also be identified and evaluated. 

The proposed project could involve 

reconstruction of the existing road and, 

in some areas, possibly construction on 

new alignment. Alternatives that may 

address the potential failure include the 

following: (1) Address slope stability for 

the road on or near the existing 

alignment, possibly through the use of 

extensive retaining walls, though this 

may not provide a long-term solution; 

(2) Realign the road to the north of the 

existing road which would move the 

road away from the shoreline (this 

includes options of moving the roadway 

part-way up the slope, to the crest of the 

hill, or to the protected north slope of 

the hill); or (3) Use a tunnel into the hill 

or bridging system near the current 

alignment, but moving into the slope to 

provide a long-term solution. 

Alternative 1 may not address the 

problem for the long term, while 2 and 

3 would. Variations of grade and 

alignment will be evaluated for 

adequacy in meeting Park design and 

transportation needs, public concerns, 

and protect the area’s cultural resources, 

natural and social environment. 

Announcements describing the 

proposed action and soliciting 

comments will be sent to appropriate 

Federal, State, and local agencies. These 

will also be sent to private organizations 

and citizens who have previously 

expressed or are known to have interest 

in this proposal, as well as to local and 

regional press media. 

The County initiated scoping in a 

previous effort, including studies, a 

public meeting, and report. In the past 

year, this proposed project has been 

reclassified and is now being developed 

as part of the Park Roads and Parkways 

category of the FHWA Federal Lands 

Highway Program (FLHP), which is 

financed by the Federal Highway Trust 

Fund. Owing to the changed status of 

the proposed project, broadened scope, 

and subsequent resource protection 

concerns, the agencies determined that 

the initial scoping effort was 

inadequate. Future public scoping will 

incorporate the results of the County’s 

past scoping efforts, including public 

feedback from the public meeting 

previously held. A subequent public 

scoping meeting will be held February 

18th, 2004 on San Juan Island, with 

follow up meetings as necessary. Public 

notices will be issued announcing the 

time(s) and location(s) of the meeting(s). 

Comments: It is important that the full 

range of issues related to this proposed 

action are addressed and that all 

significant issues are identified. To 

ensure this, comments and suggestions 

are invited from all interested parties. 

Comments and questions regarding the 

proposal or scoping sessions should be 

addressed to: Andrew Rasmussen [Email: 

Andrew.Rasmussen@fhwa.dot.gov], 

Staff Environmental Engineer, FHWA, 

610 East Fifth Street, Vancouver, 

Washington 98661. Telephone: (360)–

619–7899. 

All previous responses are maintained 

in the project administrative files and 

will continue to be considered. Persons 

wishing to express any new concerns 

about management issues and future 

land management direction are 

encouraged to address these to: Peter 

Dederich [E-mail: 

peter_dederich@nps.gov], Park 

Superintendent, P.O. Box 429, 125 

Spring Street, Friday Harbor, WA 98250. 

Telephone: (360)–378–2240. 

All comments must be postmarked or 

transmitted no later than March 19, 

2004. A public workshop to hear 

comments and suggestions will be 

conducted at the San Juan Senior 

Center, in Mullis Center, 589 Nash 

Street, Friday Harbor, WA on February 

18, 2004 from 1–3 p.m. and 7–9 p.m. 

If individuals submitting comments 

request that their name and/or address 

be withheld from public disclosure, it 

will be honored to the extent allowable 

by law. Such requests must be stated 

prominently in the beginning of the 

comments. There also may be 

circumstances wherein the FHWA or 

Park will withhold a respondent’s 

identity as allowable by law. 

The Federal Highway Administration 

and National Park Service will make 

available to public inspection all 

submissions from organizations or 

businesses and from persons identifying 

themselves as representatives or 

officials of organizations and 

businesses. Anonymous comments may 

not be considered. 

Decision: Officials responsible for the 

final decision are Jonathan B. Jarvis, 

Regional Director, Pacific West Region, 

National Park Service, and Ronald W. 

Carmichael, Division Engineer, Western 

Federal Lands Highway Division, 

Federal Highway Administration.

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Research, 

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. 315; 49 CFR 1.48

Issued on: January 29, 2004. 

Dated: January 29, 2004. 

Arthur E. Eck, 

Deputy Regional Director, Pacific West 

Region, National Park Service. 

Dated: January 29, 2004. 

Ricardo Suarez, 

Acting Division Engineer, Western Federal 

Lands Highway Division, Federal Highway 

Administration.

[FR Doc. 04–2562 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

[Docket No. FRA–1999–6439, Notice No. 11] 

RIN 2130–AA71 

Use of Locomotive Horns at HighwayRail Grade Crossings

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT).

ACTION: Notice of determination.

SUMMARY: FRA’s Interim Final Rule on 

the Use of Locomotive Horns at 

Highway-Rail Grade Crossings provides 

for annual recalculation of the 

Nationwide Significant Risk Threshold 

(NSRT). The NSRT is a number 

5890 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 

1UCRC currently operates over certain portions of 

UP’s rail line in Ogden. See Utah Central Railway 

Company—Lease and Operation Exemption—

Union Pacific Railroad Company, STB Finance 

Docket No. 34051 (STB served Aug. 22, 2001).

reflecting the measure of risk, calculated 

on a nationwide basis, which reflects 

the average level of risk to the motoring 

public at public highway-rail grade 

crossings equipped with flashing lights 

and gates at which locomotive horns are 

sounded. The newly recalculated NSRT 

is 16,988.

FOR FURTHER INFORMATION CONTACT: Ron 

Ries, Office of Safety, FRA, 1120 

Vermont Avenue, NW.,Washington, DC 

20590 (telephone: 202–493–6299); or 

Kathryn Shelton, Office of Chief 

Counsel, FRA, 1120 Vermont Avenue, 

NW., Washington, DC 20590 (telephone: 

202–493–6038).

SUPPLEMENTARY INFORMATION: On 

December 18, 2003, FRA published in 

the Federal Register (68 FR 70586) an 

interim final rule requiring that a 

locomotive horn be sounded while a 

train is approaching and entering a 

public highway-rail crossing. The rules 

also provide for an exception to the 

above requirement in circumstances in 

which there is not a significant risk of 

loss of life or serious personal injury, 

use of the locomotive horn is 

impractical, or safety measures fully 

compensate for the absence of the 

warning provided by the horn. 

As provided in the Interim Final Rule, 

the NSRT is a number reflecting the 

measure of risk, calculated on a 

nationwide basis, which reflects the 

average level of risk to the motoring 

public at public highway-rail grade 

crossings equipped with flashing lights 

and gates at which locomotive horns are 

sounded. This number is used in the 

determination of whether quiet zones 

may be created under the terms of the 

Interim Final Rule. 

Although the Interim Final Rule is not 

effective until December 18, 2004, FRA 

is providing an update of the NSRT at 

this time to assist communities in their 

planning efforts. Accordingly, in 

accordance with the terms of the Interim 

Final Rule, FRA has calculated the 

NSRT to be 16,988.

Issued in Washington, DC on February 3, 

2004. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development.

[FR Doc. 04–2637 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

[Docket No. FRA–1999–6439, Notice No. 10] 

RIN 2130–AA71 

Use of Locomotive Horns at HighwayRail Grade Crossings

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT).

ACTION: Notice of availability.

SUMMARY: FRA announces that 

information on whether existing whistle 

ban jurisdictions may qualify as PreRule Quiet Zones under the Interim 

Final Rule on the Use of Locomotive 

Horns at Highway-Rail Grade Crossings 

has been placed in the public docket of 

this proceeding and also placed on 

FRA’s Web site.

ADDRESSES: The document entitled 

‘‘Status of Existing Whistle Bans under 

the Train Horn Rule’’ is available in 

DOT’s Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. It is also available on the Docket 

Management Facility’s Internet site at 

http://dms.dot.gov and on FRA’s web 

site at http://www.fra.dot.gov.

SUPPLEMENTARY INFORMATION: On 

December 18, 2003, FRA published in 

the Federal Register (68 FR 70586) an 

interim final rule requiring that a 

locomotive horn be sounded while a 

train is approaching and entering a 

public highway-rail crossing. The rules 

also provide for an exception to the 

above requirement in circumstances in 

which there is not a significant risk of 

loss of life or serious personal injury, 

use of the locomotive horn is 

impractical, or safety measures fully 

compensate for the absence of the 

warning provided by the horn. 

FRA has placed in the public docket 

(Docket No. FRA–1999–6439, Document 

No. 2509) and on FRA’s Web site (http:/

/www.fra.dot.gov), a document entitled 

‘‘Status of Existing Whistle Bans under 

the Train Horn Rule.’’ This document 

provides FRA’s best estimate at the 

present time as to whether specific 

existing whistle ban jurisdictions may 

qualify as Pre-Rule Quiet Zones under 

the Interim Final Rule without taking 

additional steps to reduce risk.

FOR FURTHER INFORMATION CONTACT: Ron 

Ries, Office of Safety, FRA, 1120 

Vermont Avenue, NW., Washington, DC 

20590 (telephone: 202–493–6299); or 

Kathryn Shelton, Office of Chief 

Counsel, FRA, 1120 Vermont Avenue, 

NW., Washington, DC 20590 (telephone: 

202–493–6038).

Issued in Washington, DC, on February 3, 

2004. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development.

[FR Doc. 04–2636 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34457] 

Utah Central Railway Company—

Acquisition and Operation 

Exemption—Boyer BDO, L.C. and City 

of Ogden, UT 

Utah Central Railway Company 

(UCRC), a Class III rail carrier, has filed 

a verified notice of exemption under 49 

CFR 1150.41 et seq. to acquire from 

Boyer BDO, L.C. and the City of Ogden, 

UT, the right to operate over 

approximately 15 miles of trackage in 

Ogden. The tracks are located within an 

industrial area known as the Business 

Depot Ogden (BDO) and are known as 

the BDO Industrial Tracks. The tracks 

extend west from Union Pacific Railroad 

Company’s (UP) mainline tracks at 

milepost UN 04.7.1

UCRC certifies that its projected 

annual revenues as a result of this 

transaction will not exceed those that 

would qualify it as a Class III rail 

carrier, and will not result in the 

creation of a Class II or Class I rail 

carrier. 

Consummation of the transaction was 

scheduled to take place on January 20, 

2004, the effective date of the exemption 

(7 days after the exemption was filed). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34457, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Dennis C. 

Farley, 299 South Main, Suite 2200, 

Wells Fargo Center, Salt Lake City, UT 

84111.