Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51645 

Potential criminal penalties include 

fines of up to $500,000 and/or ten years 

in jail. In a recent enforcement case, 

PHMSA assessed a total civil penalty of 

$360,000 for multiple violations of the 

HMR relating to the improper shipment 

of used batteries for recycling or 

disposal. To date, FAA has closed over 

75 investigations concerning battery 

violations observed in air transport and 

has collected over $1,000,000 in civil 

penalties. 

More detailed information on the 

requirements in the HMR governing the 

shipment of batteries and additional 

guidance are available on DOT’s Hazmat 

Safety Web site: http:// 

www.phmsa.dot.gov/hazmat. The HMR 

are also accessible through our Web site, 

and answers to specific questions may 

be obtained from the Hazardous 

Materials Information Center at 1–800– 

467–4922 (in Washington, DC, call 202– 

366–4488). 

Issued in Washington, DC, on September 

29, 2009. 

Theodore L. Willke, 

Associate Administrator for Hazardous 

Materials Safety. 

[FR Doc. E9–24184 Filed 10–6–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on United States Highway 281 in Texas 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

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

actions relate to a proposed highway 

project, United States Highway 281 (US 

281), beginning at Redland Road and 

heading north to north of Marshall Road 

in Bexar County in the State of Texas. 

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 April 5, 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. 

Salvador Deocampo, District Engineer, 

Federal Highway Administration, 300 E. 

8th Street, Rm. 826, Austin, Texas 

78701; telephone: (512) 536–5950; email: salvador.deocampo@fhwa.dot.gov. 

The FHWA Texas Division Office’s 

normal business hours are 7:45 a.m. to 

4:15 p.m. You may also contact Ms. 

Dianna Noble, Texas Department of 

Transportation, 125 E. 11th Street, 

Austin, Texas 78701; telephone: (512) 

416–2734. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following highway 

project in the State of Texas: US 281, 

beginning at Redland Road and heading 

north to north of Marshall Road in Bexar 

County in the State of Texas. The 

project will be approximately 3.1 miles 

long and will construct ‘‘Super Street’’ 

intersections (also known as restricted 

crossing U-turn (RCUT) intersections) at 

the intersections of US 281 and Encino 

Rio (modified RCUT), Evans Road, 

Stone Oak Parkway and Marshall Road. 

The ‘‘Super Street’’ intersection 

prohibits cross-street traffic from going 

straight through or turning left at the 

divided highway intersection. Crossstreet traffic must turn right and then 

access a U-turn to proceed in the 

desired direction. The actions by the 

Federal agencies, and the laws under 

which such actions were taken, are 

described in the Categorical Exclusion 

(CE) for the project, dated September 

2009, and in other documents in the 

FHWA project records. The CE and 

other documents in the FHWA project 

records file are available by contacting 

the FHWA or the Texas Department of 

Transportation at the addresses 

provided 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 [23 

U.S.C. 109]. 

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], 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.]; 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)]. 

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, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319). 

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. 11593 Protection and 

Enhancement of Cultural Resources; 

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: September 30, 2009. 

Salvador Deocampo, 

District Engineer, Austin, Texas. 

[FR Doc. E9–24154 Filed 10–6–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Funding Availability and 

Solicitation of Applications for Grants 

Under the Railroad Rehabilitation and 

Repair Grant Program 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of funding availability; 

solicitation of applications. 

SUMMARY: Under this Notice, the FRA 

encourages interested State departments 

of transportation to submit applications 

for grants to repair and rehabilitate Class 

II and Class III railroad infrastructure 

damaged by hurricanes, floods, and 

other natural disasters in areas for 

which the President declared a major 

disaster after January 1, 2008, under 

Title IV of the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act of 1974. 

DATES: FRA will begin accepting grant 

applications 10 days after publication of 

this Notice of Funding Availability in 


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