53320 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 

project will be barred unless the claim 

is filed on or before April 14, 2010. 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. 

Herman Rodrigo, Office Director, Office 

of Engineering and Operations, Federal 

Highway Administration, 200 North 

High Street, Room 328, Columbus, Ohio 

43215; telephone: (614) 280–6896; email: ohio.fhwa@dot.gov; FHWA Ohio 

Division Office’s normal business hours 

are 8 a.m. to 4:30 p.m. (eastern time). 

You may also contact Mr. Craig K. 

Hebebrand, PE, Project Manager, Ohio 

Department of Transportation (ODOT), 

District 12, 5500 Transportation Blvd., 

Garfield Heights, Ohio 44125; 

telephone: (216) 584–2113; e-mail: 

Craig.Hebebrand@dot.state.oh.us; 

ODOT District 12’s normal business 

hours are 8 a.m. to 4:30 p.m. (eastern 

time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

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

issuing licenses, permits, and approvals 

for the following major highway 

improvement project in the State of 

Ohio: The Cleveland Innerbelt Project 

provides for the major reconstruction 

and reconfiguration of Interstates 71 and 

90, the I–90/I–77 interchange, the 

intersecting and overlapping local 

roadways, intersections, and 

interchanges, and the transitional 

connections to adjoining radial freeways 

and roadways. The Cleveland Innerbelt 

is routed across the Cuyahoga River 

valley and around the south and east 

sides of downtown Cleveland, Ohio. 

The Project length is approximately 3.24 

miles. The Project’s three main termini 

are located approximately at: (1) The 

merge/diverge point of State Route 176, 

(the Jennings Freeway) and Interstate 71 

southwest of downtown, (2) the 

Pershing Avenue interchange on 

Interstate 77 south of downtown, and; 

(3) east of the Interstate 90/State Route 

2 interchange east of downtown along 

the shore of Lake Erie and adjacent to 

the Burke Lakefront Airport. The 

current estimated Project cost to 

implement Alternative A, the approved 

environmentally preferred alternative, is 

$2.7 to $3.5 billion, based upon 

expected year of expenditure. 

Implementation is expected to occur in 

phases over the period from 2010 to 

2033. The actions by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Cleveland Innerbelt Project, 

CUY—71/90—16.79/14.90, PID 77510, 

Conceptual Alternatives Study, dated 

and accepted on August 11, 2006, the 

Draft Environmental Impact Statement/ 

Section 4(f) Evaluation, approved on 

March 3, 2009, the March 2009 

Interchange Justification Study, the 

Final Environmental Impact Statement/ 

Section 4(f) Evaluation, approved on 

July 22, 2009, and the Record of 

Decision, Section 4(f) Approval, and 

Interchange Justification Study 

Approval issued on September 18, 2009, 

and in other documents specifically 

incorporated into the listed documents 

by reference or by extension which in 

total constitute the Project 

environmental record. The Project 

environmental record and other Project 

records reside within the FHWA and 

ODOT administrative record/Project 

files. Project records are available for 

review by contacting either the FHWA 

or the ODOT at the addresses provided 

above. All of the above records as 

expressly listed are available for review 

on, and for downloading from, the 

Project’s Web site as maintained by the 

ODOT District 12 Office in Garfield 

Heights, Ohio which is located within 

the City of Cleveland metro area. The 

Project Web site address is as follows: 

http://www.dot.state.oh.us/projects/ 

ClevelandUrbanCoreProjects/Innerbelt/ 

Pages/default.aspx. 

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, 23 U.S.C. 128 and 23 U.S.C. 

139]. 

2. Design: Federal-Aid Highway Act 

[23 U.S.C. 101 and 23 U.S.C. 109] 

FHWA, February 11, 1998 Interstate 

Access Policy: Additional Interchanges 

to the Interstate System. 

3. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

4. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Federal-Aid 

Highway Act [23 U.S.C. 138]; 

Landscaping and Scenic Enhancement 

(Wildflowers) [23 U.S.C. 319]. 

5. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Marine Mammal Protection Act 

[16 U.S.C. 1361]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

6. 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)–(11)]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

7. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

8. Wetlands and Water Resources: 

Clean Water Act (Section 404, Section 

401, Section 319) [33 U.S.C. 1251– 

1377]; Land and Water Conservation 

Fund (LWCF) [16 U.S.C. 4601–4604]; 

Safe Drinking Water Act (SDWA) [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [33 U.S.C. 401– 

406]; Wild and Scenic Rivers Act [16 

U.S.C. 1271–1287]; Emergency 

Wetlands Resources Act [16 U.S.C. 

3921, 3931]; Wetlands Mitigation [23 

U.S.C. 103(b)(6)(M) and 133(b)(11)]; 

Flood Disaster Protection Act [42 U.S.C. 

4001–4128]. 

9. 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. 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. 11514 

Protection and Enhancement of 

Environmental Quality; 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: October 1, 2009. 

Patrick A. Bauer, 

Acting Division Administrator, Columbus, 

Ohio. 

[FR Doc. E9–24321 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation Advisory Board 

Notice of Meeting 

Pursuant to Section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463; 5 U.S.C. App. I), notice is 

hereby given of a meeting of the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53321 

1AAR, Operations and Maintenance Department, 

Mechanical Division, ‘‘Manual of Standards and 

Recommended Practices Section C Part III– 

Specifications for Tank Cars M–1002’’ (revised 

annually). 

Advisory Board of the Saint Lawrence 

Seaway Development Corporation 

(SLSDC), to be held from 3 p.m. to 4 

p.m. (EDT) on Monday, October 26, 

2009, via conference call at the 

Corporation’s Administration 

Headquarters, Suite W32–300, 1200 

New Jersey Avenue, SE., Washington, 

DC. The agenda for this meeting will be 

as follows: Opening Remarks; 

Consideration of Minutes of Past 

Meeting; Quarterly Report; Old and New 

Business; Closing Discussion; 

Adjournment. 

Attendance at the meeting is open to 

the interested public but limited to the 

space available. With the approval of 

the Administrator, members of the 

public may present oral statements at 

the meeting. Persons wishing further 

information should contact, not later 

than Friday, October 23, 2009, Anita K. 

Blackman, Chief of Staff, Saint 

Lawrence Seaway Development 

Corporation, 1200 New Jersey Avenue, 

SE., Washington, DC 20590; 202–366– 

0091. 

Any member of the public may 

present a written statement to the 

Advisory Board at any time. 

Issued at Washington, DC, on October 8, 

2009. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. E9–24810 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–61–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2009–02 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Safety Advisory 2009– 

02; Inspection of Bottom Outlet Valves 

and Assemblies. 

SUMMARY: FRA is issuing Safety 

Advisory 2009–02 to ensure that tank 

cars with defective or inoperable bottom 

outlet valves are not loaded with 

hazardous materials and offered for 

transportation, or in the event that a 

bottom outlet valve becomes inoperable 

en route, adequate unloading 

procedures are followed to prevent any 

unintended release of the car’s contents. 

This safety advisory recommends 

specific loading and unloading 

procedures for hazardous materials tank 

cars equipped with bottom outlet 

valves, as well as the inspection, and as 

necessary, the repair of these valves. 

FOR FURTHER INFORMATION CONTACT: 

Albert R. Taber or Erich P. Rudolph, 

Railroad Safety Specialists, Hazardous 

Materials Division, FRA Office of Safety 

Assurance and Compliance, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590 (telephone: (202) 493–6254, email: Albert.Taber@dot.gov; or 

telephone (202) 493–6248, e-mail: 

Erich.Rudolph@dot.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

By way of the one-time movement 

approval process (Title 49 Code of 

Federal Regulations (CFR) 174.50), FRA 

has documented approximately 390 

service equipment failures of bottom 

outlet valves since 2004. One hundred 

and eight of these failures occurred in 

calendar year 2008 alone, and to date in 

2009, approximately 110 failures have 

already occurred. FRA believes that 

these documented failures do not reflect 

the entire population of bottom outlet 

failures that occur each year, as many 

may go unreported. 

As exemplified by documented 

incidents of bottom outlet failures, a 

defective or inoperable bottom outlet 

valve may lead to the unintended 

release of a tank car’s contents during 

the unloading process. As an example, 

on October 28, 2004, at Techsol 

Chemical Company, in Huntington, WV, 

more than 22,000 gallons of a Class 3 

hazardous material was released during 

the unloading of a tank car equipped 

with a bottom outlet valve. The release 

was determined to be the result of a 

bottom outlet valve clogged with sludge, 

and an unloading procedure that failed 

to detect the inoperative valve. On May 

31, 2008, approximately 170,000 lbs of 

a Class 9 elevated temperature material 

was released during the unloading of a 

tank car equipped with a bottom outlet 

valve. The elevated temperature 

material had been heated to 

approximately 280 °F for unloading and 

although the individual unloading the 

car reportedly observed the bottom 

outlet valve handle secured and in the 

closed position, as that individual 

removed the bottom outlet cap, hot 

steamed resin was released from the 

bottom outlet, splashing the unloader. 

The resin released at a rate of 

approximately 160 gallons per minute 

and the unloader suffered first- and 

second-degree burns from contact with 

the material. The release was 

determined to be the result of a bent 

bottom outlet valve handle, which 

allowed the internal valve to be in the 

open position, and unloading 

procedures that failed to detect the 

inoperative valve. More recently, on 

May 13, 2009, approximately 23,500 

gallons of hot asphalt, a Class 9 

hazardous material, was released during 

the unloading of a tank car equipped 

with a bottom outlet valve. In this case, 

because the valve operating handle was 

improperly applied to the valve 

assembly, the handle appeared to be in 

the closed position, but the internal 

valve was actually in the open position. 

Accordingly, this release was 

determined to be the result of the 

improperly applied valve handle, and 

loading and unloading procedures that 

failed to detect the improperly 

assembled valve. 

FRA believes that the occurrence of 

bottom outlet valve failures could be 

significantly reduced by (1) ensuring 

that certain procedures are followed 

during the tank car loading and 

unloading process, and (2) ensuring that 

a proper preliminary examination of the 

valve assembly is performed after a tank 

car is cleaned and purged, and before 

the car is loaded and offered for 

transportation. 

FRA’s recommendations in this safety 

advisory take into consideration the 

typical operational steps involved in 

loading/unloading tank cars equipped 

with bottom outlet valves, regardless of 

whether the valve is ‘‘top-operated’’ or 

controlled by a valve-mounted handle 

(‘‘bottom-operated’’). Generally, the 

bottom outlet cap or plug should not be 

removed from a tank car’s bottom outlet 

discharge nozzle until it is ascertained 

that the bottom outlet valve is actually 

closed and functioning properly. In 

accordance with Appendix E of the 

Association of American Railroads’ 

(AAR) Tank Car Committee Tank Car 

Manual,1 tank car bottom outlet caps 

and plugs are designed to provide telltale warnings upon loosening if a 

bottom outlet valve is not functioning 

properly. Accordingly, the design of 

bottom outlet discharge nozzles and 

closures allows any product that has 

accumulated between the bottom outlet 

operating valves and the bottom outlet 

closure cap or plug (i.e., in the outlet 

chamber) to drain in a safe and 

controlled manner. Once it is 

determined, by using the relationship of 

the handle to the valve as an indicator, 

that the bottom outlet valve is in the 

closed position, a person unloading a 

tank car should loosen the bottom outlet 

cap a few turns, leaving sufficient 

threads engaged, and allowing the 

passage of sufficient time to permit the 

controlled seepage of any liquid 

accumulated in the outlet chamber. If a 

tank car is equipped with an auxiliary 


jlentini on DSKJ8SOYB1PROD with NOTICES