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.