38260 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: 

Bexar County, TX 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Intent. 

SUMMARY: Pursuant to 40 CFR 1508.22 

and 43 Texas Administrative Code § 2.5 

(e)(2), the Federal Highway 

Administration, Texas Department of 

Transportation (TxDOT) and Alamo 

Regional Mobility Authority are issuing 

this notice to advise the public that an 

Environmental Impact Statement (EIS) 

will be prepared for proposed 

improvements to Loop 1604 in San 

Antonio, Texas, within Bexar County 

limits to enhance mobility and improve 

safety from FM 1957 to IH 35 North, a 

distance of approximately 32.35 miles 

in Bexar County Texas. Areas within the 

city of San Antonio are included in the 

project study area. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Salvador Deocampo, District Engineer, 

District A, Federal Highway 

Administration, Texas Division, 300 

East 8th Street, Room 826, Austin, Texas 

78701. Phone: 512–536–5950. 

SUPPLEMENTARY INFORMATION: The 

Federal Highway Administration in 

cooperation with the Texas Department 

of Transportation and the Alamo 

Regional Mobility Authority will 

prepare an EIS for transportation 

improvements to Loop 1604 from FM 

1957 to IH 35 North, a distance of 

approximately 32.35 miles. The current 

Loop 1604 facility consists of a four-lane 

divided, partial access-controlled 

roadway from FM 1957 to State 

Highway (SH) 16 and a four-lane 

expressway with full access-controlled 

through travel lanes and parallel 

partially access-controlled lanes that 

interface among the through travel 

lanes, local land use, and connecting 

roadways from SH 16 to IH 35 North. 

Growth, development, and traffic 

congestion continue to increase along 

Loop 1604 from FM 1957 to IH 35 

North. The project is needed as Loop 

1604 does not currently meet present 

and future growth, development, and 

traffic demands creating inefficiencies 

in facility safety, mobility, and 

operation. The proposed purpose of the 

project is to improve safety within the 

Loop 1604 corridor, enhance mobility 

and operational efficiency, and to 

deliver and implement the benefits in 

an expeditious manner. 

The currently proposed project, as 

included in the San Antonio-Bexar 

County Metropolitan Planning 

Organization’s Mobility 2030 Plan, is an 

added capacity project to add frontage 

roads and additional main lanes as 

follows: From SH 151 to 1.2 miles south 

of SH 16, expand to a 6 lane toll 

expressway with non-toll frontage roads 

and from 1.2 miles south of SH 16 to IH 

35, expand the expressway lanes from 4 

to 6 or 8 lanes with the new lanes being 

toll lanes. The Loop 1604 EIS will 

evaluate build and no-build alternatives, 

including those in the Mobility 2030 

Plan. In addition to the build and nobuild alternatives, Transportation 

System Management (TSM), 

Transportation Demand Management 

(TDM), transit, and tolled and nontolled alternatives will also be 

considered. The EIS will study potential 

impacts from construction and routine 

operation of the proposed roadway 

including, but not limited to, the 

following: transportation impacts 

(construction detours, construction 

traffic, mobility improvements), air and 

noise impacts from construction 

equipment and operation of the 

facilities, water quality impacts from 

construction area and roadway storm 

water runoff, impacts to waters of the 

United States, impacts to historic and 

archeological resources, impacts to 

floodplain, socio-economic resources 

(including Environmental Justice and 

Limited English Proficiency 

population), indirect and cumulative 

impacts, land use, vegetation, wildlife, 

impacts to and/or potential 

displacement of residences and 

businesses, and aesthetic and visual 

resources. 

Anticipated federal permits, pending 

selection of alternatives and field 

surveys may include, but are not limited 

to, the following: Section 106 (National 

Historic Preservation Act), Section 401/ 

404 (Clean Water Act), and Section 7 

(Endangered Species Act). A Project 

Coordination Plan will be provided in 

accordance with Public Law 109–59, 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), Title VI, Section 

6002, Efficient Environmental Reviews 

for Project Decision Making, August 10, 

2005, to facilitate and document the 

lead agencies; structure interaction with 

the public and other agencies and to 

inform the public and other agencies of 

how the coordination will be 

accomplished. The Project Coordination 

Plan will promote early and continuous 

involvement from stakeholders, 

agencies, and the public as well as 

describe the proposed project, the roles 

of the agencies and the public, the 

project need and purpose, schedule, 

level of detail for alternatives analysis, 

methodologies to be used in the 

environmental analysis, and the 

proposed process for coordination and 

communication. 

This Project Coordination Plan is 

designed to be part of a flexible and 

adaptable process. The Project 

Coordination Plan will be available for 

public review, inputs, and comments at 

public meetings, including scoping 

meetings and hearings held, in 

accordance with the National 

Environmental Policy Act (NEPA) 

through the evaluation process, and 

upon request at the Alamo Regional 

Mobility Authority’s office. Pursuant to 

23 U.S.C. Chapter 1, Subchapter 1, 

Section 139 of SAFETEA–LU, 

cooperating agencies, participating 

agencies, and the public will be given 

an opportunity for input in the 

development of the project. The first of 

a series of public scoping meetings, 

conducted in an open house format, is 

planned to be held in the fall of 2009. 

This preliminary scoping meeting will 

be the first in a series of meetings to 

solicit public comments throughout the 

planning process on the proposed action 

as part of the NEPA process. 

The scoping meetings will provide 

opportunities for participating agencies, 

cooperating agencies, and the public to 

be involved in defining the need and 

purpose for the proposed project and to 

assist in determining the range of 

alternatives for consideration in the EIS 

and alternative evaluation 

methodologies. As part of the scoping 

process, correspondence describing the 

proposed action and soliciting 

comments to be considered during the 

scoping process will be sent to the 

appropriate federal, state, and local 

agencies, and to organizations and 

individuals who have previously 

expressed or are known to have an 

interest in the project. Public scoping 

meetings and public hearings will be 

held during appropriate phases of the 

project development process. Public 

notices will be given stating the date, 

time, and location of each. The Draft EIS 

will be available for public and agency 

review and comment prior to a public 

hearing. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the EIS should be 

directed to FHWA at the address 

provided. A proposed schedule for 

completion of the environmental review 

process is not available at this time; 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38261 

however, it will become accessible for 

public review at a future date. 

(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.) 

Issued on: July 27, 2009. 

Salvador Deocampo, 

District Engineer. 

[FR Doc. E9–18292 Filed 7–30–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2009–0113; Notice 1] 

Auto Temp, Inc., Receipt of Petition for 

Decision of Inconsequential 

Noncompliance 

Auto Temp, Inc. (Auto Temp) has 

determined that certain replacement 

backlights (part number FB22692 GTY 

ATI), manufactured for 2006–09 Honda 

Civic 2–Door Coupe passenger cars, do 

not fully comply with paragraph S5.2 of 

49 CFR 571.205, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 205 

Glazing Materials. Auto Temp has filed 

an appropriate report pursuant to 49 

CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), Auto Temp has 

petitioned for an exemption from the 

notification and remedy requirements of 

49 U.S.C. Chapter 301 on the basis that 

this noncompliance is inconsequential 

to motor vehicle safety. 

This notice of receipt of Auto Temp’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

Auto Temp estimated that 68 

replacement backlights manufactured 

on July 14, 2008, intended for 2006–09 

Honda Civic 2–Door coupe passenger 

cars, are involved and that 80% of those 

backlights may be noncompliant. 

Paragraphs S5.2 of FMVSS No. 108 

require in pertinent part: 

S5.2 Each of the test specimens described 

in ANSI/SAE Z26.1–1996 Section 5.7 

(fracture test) must meet the fracture test 

requirements of that section when tested in 

accordance with the test procedure set forth 

in that section. 

5.7.4 Interpretation of Results. NO 

individual fragment free from cracks and 

obtained within 3 minutes subsequent to test 

shall weight more than 4.25g (0.15oz). 

Auto Temp explained that the 

noncompliance is that the subject 

backlights do not meet the fracture test 

requirements of FMVSS No. 205 Section 

5.7 Fracture Test 7 ANSI/SAE Z26.1– 

1996, because several tests revealed that 

out of 8 tested backlights, 6 contained 

fragments that exceeded the 4.25g 

(0.15oz) threshold specified by the 

above standard. 

Auto Temp states that it believes that 

this noncompliance is inconsequential 

to motor vehicle safety for the following 

reasons. Out of several thousand total 

fragments no more than 2 noncompliant 

fragments were found from a single 

backlight. Each of the noncompliant 

fragments exhibited all of the 

characteristics of tempered safety glass. 

The position of the noncompliant 

fragments in the backlight, coupled with 

the package tray location of the Honda 

Civic 2–Door Coupe, minimizes the 

potential for any contact between glass 

fragments and vehicle occupants. The 

extremely low percentage of 

noncompliant fragments, together with 

the small number of total affected 

backlights, results in a minimal impact 

on issue of motor vehicle safety. 

Auto Temp also has informed NHTSA 

that since it has petitioned for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety it has not yet 

formulated a remedy for the 

noncompliance. However, Auto Temp 

has agreed to reimburse its customers 

for all returned parts (FB22692 GTY ATI 

backlights produces on July 14, 2008) 

regardless of the filing of an 

inconsequential petition. 

Auto Temp also informed NHTSA 

that it has corrected the problem that 

caused this noncompliance. 

In summation, Auto Temp states that 

it believes that the noncompliances are 

inconsequential to motor vehicle safety 

and that no corrective action is 

warranted. 

NHTSA notes that the statutory 

provisions (49 U.S.C. 30118(d) and 

30120(h)) that permit manufacturers to 

file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. 

Interested persons are invited to 

submit written data, views, and 

arguments on this petition. Comments 

must refer to the docket and notice 

number cited at the beginning of this 

notice and be submitted by any of the 

following methods: 

a. By mail addressed to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

You may view documents submitted 

to a docket at the address and times 

given above. You may also view the 

documents on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets available at that Web site. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 


PWALKER on DSK8KYBLC1PROD with NOTICES