Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 6081 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by the 

FHWA and Other Federal Agencies. 

SUMMARY: This notice announces actions 

taken by the California Department of 

Transportation (Caltrans) pursuant to its 

assigned responsibilities under 23 

U.S.C. 327 that are final within the 

meaning of 23 U.S.C. 139(l)(1). These 

actions relate to a proposed highway 

project, the Ventura/Santa Barbara 

U.S.101 HOV Project between Mobil 

Pier Undercrossing in Ventura County 

and Casitas Pass Road in Santa Barbara 

County, State of California. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans 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 August 3, 2009. If the Federal law 

that authorizes judicial review of a 

claim provides a time period of less 

than 180 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: 

Carlos Montez, Caltrans District 7, 

Division of Environmental Planning, 

100 S. Main Street, Los Angeles, CA 

90012, during normal business hours 

from 9 a.m. to 5 p.m. telephone (213) 

897–9116, e-mail 

Carlos_Montez@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that Caltrans, pursuant to 

its assigned responsibilities under 

U.S.C. 327, and certain other Federal 

agencies have taken final agency actions 

subject to 23 U.S.C. 139(l)(1) by 

approving the Ventura/Santa Barbara 

U.S.101 HOV Project in the State of 

California. When completed, the project 

will widen the U.S. 101 from four lanes 

to six lanes three northbound and three 

southbound by constructing an HOV 

lane in the existing median between 

Mobil Pier Undercrossing in Ventura 

County and Casitas Pass Road in Santa 

Barbara County. The purpose of the 

project is to relieve congestion, improve 

operations, safety and pedestrian and 

bicycle access. The project length is 6 

miles. The actions by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Initial Study with Mitigated 

Negative Declaration/Environmental 

Assessment for the project, approved on 

December 12, 2008 and the Finding of 

No Significant Impact (FONSI) issued 

on December 12, 2008, and in other 

documents in the project records. The 

Initial Study with Mitigated Negative 

Declaration/Environmental Assessment, 

FONSI, and other project records are 

available by contacting the California 

Department of Transportation at the 

address provided above. The FONSI can 

be viewed and downloaded from the 

project Web site at http:// 

www.dot.ca.gov/dist07/resources/ 

envdocs/. 

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]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; 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.]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; 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]; Safe Drinking Water Act (SDWA) 

[42 U.S.C. 300(f)–300(j)(6)]. 

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. 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(1)(1). 

Issued on: January 29, 2009. 

Cindy Vigue, 

Director, State Programs. 

[FR Doc. E9–2314 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on the U.S. Highway 12 in Sauk 

County, WI 

AGENCY: Federal Highway 

Administration (FHWA), 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 the improvements on 

U.S. Highway 12 from I–90/94 to 

Terrytown Road in Sauk County, 

Wisconsin. 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 August 3, 2009. If 

the Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 180 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Johnny Gerbitz, Federal Highway 

Administration, 525 Junction Road 

Suite 8000, Madison, Wisconsin 53717; 

telephone: (608) 829–7511, e-mail: 

Johnny.Gerbitz@fhwa.dot.gov. The 

FHWA Wisconsin Division’s normal 

office hours are 7 a.m. to 4 p.m. (central 

time). For the Wisconsin Department of 

Transportation: Mr. Jim Rohe, 

Wisconsin Department of 

Transportation, 3550 Mormon Coulee 

Road, La Crosse, Wisconsin 54601; 

telephone: 608–785–9038, e-mail: 

james.rohe@dot.state.wi.us. 

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 Wisconsin: U.S. 

12 in Sauk County, WI, from I–90/94 to 

Terrytown Road in Baraboo, WI. Due to 

design changes affecting property 

outside of the original footprint 

specified in the FEIS (FHWA–WI–EIS– 

96–02–F) and ROD (approved February 

10, 2004), additional analysis of the area 

impacted by the design changes was 

conducted. A Revised Record of 

Decision (ROD) was issued on October 

29, 2008 and approves the design 

changes and updates the findings for the 

project. The actions taken by FHWA, 

and the laws under which such actions 

6082 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 

were taken, are described in the Final 

Environmental Impact Statement for the 

project, and in other documents in the 

FHWA or WisDOT project records. The 

FEIS, Revised ROD, and other project 

records are available by contacting 

FHWA or WisDOT at the addresses 

provided above. The FHWA FEIS and 

Revised ROD can also be viewed at the 

Wisconsin DOT’s La Crosse office at the 

address noted above. 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 

(FAHA) [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 [23 U.S.C. 138 and 49 U.S.C. 303] 

and Section 6(f) of the Land and Water 

Conservation Act as amended [16 U.S.C. 

4601]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and section 1536]; 

Fish and Wildlife Coordination Act [16 

U.S.C. 661–667(d)]. 

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 [25 

U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; Farmland Protection Policy 

Act [7 U.S.C. 4201–4209]. 

7. Executive Orders: E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Population; E.O. 13007, Indian Sacred 

Sites. 

(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 29, 2009. 

Allen Radliff, 

Division Administrator, Wisconsin Division. 

[FR Doc. E9–2317 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

BNSF Railway Company 

(Waiver Petition Docket Number FRA– 

2008–0157) 

The BNSF Railway Company (BNSF) 

seeks a waiver of compliance with the 

Locomotive Safety Standards, 49 CFR 

229.23 (requiring a periodic inspection 

at least every 92 days) and 229.25 

(requiring specific tests at every 

periodic inspection) for BNSF General 

Electric Evolution series and ElectroMotive Diesel ACe series locomotives. 

BNSF states in their request that each 

of the subject locomotives are equipped 

with new self-diagnostic technology and 

advanced computer control, and that the 

locomotives were designed by the 

manufacturer to be maintained at a 6 

month interval. BNSF further indicates 

that if the waiver is granted, the 

required 92 day periodic inspection will 

be performed at 184 day intervals on the 

subject locomotives, and that qualified 

mechanical forces will perform at least 

one of the required daily inspections 

every 31 days. FRA non-complying 

conditions discovered on locomotives 

en-route or during any daily inspection 

will be moved to a mechanical facility 

capable of making required repairs. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2008– 

0157) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and 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.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on January 29, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–2329 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

from certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief.