Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices 17565 

2012, and in other documents in the 

FHWA project files. The EA, FONSI, are 

available by contacting the FHWA at the 

address provided above. The FHWA EA 

and FONSI can be viewed and 

downloaded from the project Web site at 

www.cottonwoodstreetstudy.com or 

viewed at public libraries in the project 

area. 

This notice applies to all Federal 

agency decisions, actions, approvals, 

licenses and permits on the project 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– 

4347]; 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];Wildlife: 

Endangered Species Act [16 U.S.C. 

1531–1544]; Migratory Bird Treaty Act 

[16 U.S.C. 703–712]; 

4. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470f.]; 

5. 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]; 

6. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

[Section 404, Section 401, Section 319]; 

Safe Drinking Water Act [42 U.S.C. 300f 

et seq.]; TEA–21 Wetlands Mitigation 

[23 U.S.C. 103(b)(6)(m), 133(b)(11)]; 

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

4001–4129]. 

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. 13175, Consultation 

and Coordination with Indian Tribal 

Governments; E.O. 13112, Invasive 

Species. Nothing in this notice creates a 

cause of action under these Executive 

Orders. (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: March 19, 2012. 

James C. Christian, 

Division Administrator, Salt Lake City. 

[FR Doc. 2012–7162 Filed 3–23–12; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Transportation 

Improvements in Utah 

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 the proposed 

interchange and roadway improvement 

project (Bangerter 600 West Project) in 

Draper, Salt Lake County in the State of 

Utah. These 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 September 22, 2012. 

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: For 

FHWA: Mr. Edward Woolford, 

Environmental Program Manager, 

Federal Highway Administration, 2520 

West 4700 South, Suite 9A, Salt Lake 

City, Utah 84129; telephone: (801) 955– 

3500; email: Edward.Woolford@dot.gov. 

The FHWA Utah Division Office’s 

normal business hours are 7:35 a.m. to 

4:30 p.m. (Mountain Standard Time). 

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 Utah: The 

Bangerter 600 West Project in Draper, 

Salt Lake County, Utah, project number 

FHWA–UT–EIS–11–01–F. Federal Lead 

Agency: Federal Highway 

Administration. Project Description: 

The project consists of improvements to 

Bangerter Highway between Interstate 

15 (I–15) and the Union Pacific Railroad 

(UPRR) line at about 900 West in the 

city of Draper in Salt Lake County. The 

Selected Alternative (600 West 

Interchange with Right Turns Only at 

200 West Alternative (Alternative 4F)) 

implements a transportation project 

consisting of: (1) A new interchange on 

Bangerter Highway at about 600 West; 

(2) eliminates the signals from the 

intersection at 200 West; (3) allows only 

right turns at the 200 West intersection. 

Left turns would not be permitted; (4) 

adds an additional west travel lane on 

Bangerter Highway between I–15 and 

the 600 West interchange; (5) adds an 

additional lane on the southbound I–15 

off ramp; (6) adds a dedicated right-turn 

lane on westbound Bangerter Highway 

between I–15 and 200 West; (7) adds an 

acceleration lane from 200 West onto 

westbound Bangerter Highway to 600 

West; (8) builds a connecting five-lane 

arterial from the 600 West interchange 

to the intersection of 13490 South and 

200 West; (9) builds a connecting fivelane arterial to tie into 13800 South; (10) 

makes improvements to the 13490 

South/200 West intersection to improve 

traffic flow. This would include 

providing double left-turn lanes from 

eastbound 13490 South to northbound 

200 West; (11) relocates the Jordan and 

Salt Lake City Canal or place it in a 

pipe; (12) relocates utilities (fiber optic 

and drainage features) along Bangerter 

Highway; (13) includes stormwater 

drainage and passive water quality 

treatment. 

The actions by the FHWA and other 

Federal agencies, and the laws under 

which such actions were taken, are 

described in the Final Environmental 

Impact Statement (FEIS) for the project, 

approved on November 18, 2011, in the 

FHWA Record of Decision (ROD) issued 

on March 7, 2012, and other key 

documents. The FEIS and ROD are 

available by contacting FHWA at the 

address provided above. The FHWA 

FEIS and ROD can be viewed and 

downloaded from the project Web site at 

http://www.udot.utah.gov/ 

bangerter600west/, or viewed at public 

libraries in the project area. 

This notice applies to all Federal 

agency decisions on the project 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– 

4347]; 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]; 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. 470f]; 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 


tkelley on DSK3SPTVN1PROD with NOTICES
17566 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices 

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]; 

Safe Drinking Water Act [42 U.S.C. 300f 

et seq.]; TEA–21 Wetlands Mitigation 

[23 U.S.C. 103(b)(6)(m), 133(b)(11)]; 

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

4001–129]. 

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. 13175, Consultation 

and Coordination with Indian Tribal 

Governments; E.O. 13112, Invasive 

Species. Nothing in this notice creates a 

cause of action under these Executive 

Orders. 

(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: March 19, 2012. 

James C. Christian, 

Division Administrator, Salt Lake City. 

[FR Doc. 2012–7168 Filed 3–23–12; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2012–0006] 

Notice of Proposed Buy America 

Waivers 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of proposed Buy America 

waiver and request for comment. 

SUMMARY: The purpose of this notice is 

to solicit comment a request from 

Allison Transmission, Inc. to renew a 

waiver for its hybrid electric propulsion 

system, Energy Storage Unit subsystem 

H 49.40 EPSystem, until December 31, 

2013 so they may complete their 

ongoing process to secure a domestic 

supplier of Lithium Ion batteries. FTA 

seeks public comment before deciding 

whether to grant Allison’s request. 

DATES: Comments must be received by 

April 2, 2012. Late filed comments will 

be considered to the extent practicable. 

ADDRESSES: Please submit your 

comments by only one of the following 

means, identifying your submissions by 

docket number FTA–2012–0006. All 

electronic submissions must be made to 

the U.S. Government electronic site at 

www.regulations.gov. Commenters 

should follow the instructions below for 

mailed and hand delivered comments. 

(1) Web site: www.regulations.gov. 

Follow the instructions for submitting 

comments on the U.S. Government 

electronic docket site; 

(2) Fax: (202) 493–2251; 

(3) Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

Room W12–140, Washington, DC 

20590–0001. 

(4) Hand Delivery: Room W12–140 on 

the first floor of the West Building, 1200 

New Jersey Avenue SE, Washington, DC 

20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

make reference to the ‘‘Federal Transit 

Administration’’ and include docket 

number FTA–2012–0006. Due to 

security procedures in effect since 

October 2001, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties making submissions 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. Note that all submissions 

received, including any personal 

information therein, will be posted 

without change or alteration to 

www.regulations.gov. For More 

information, you may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477), or visit 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayme L. Blakesley at (202) 366–0304 or 

jayme.blakesley@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of this notice is to seek public 

comment on whether the Federal 

Transit Administration (FTA) should 

waive its Buy America requirements of 

49 U.S.C. 5323(j), as implemented at 49 

CFR Part 661, until December 31, 2013, 

for an Energy Storage Unit (ESU) 

manufactured by Allison Transmission, 

Inc. (Allison). The purpose of the waiver 

is to allow Allison until December 2013 

to complete its ongoing process to 

secure and qualify a domestic supplier 

of Lithium Ion batteries. 

The ESU is one of five subsystems of 

Allison’s hybrid-electric propulsion 

system known as the H 40/50 EP 

System. The ESU supplies and stores 

energy for the H 40/50 EP System 

during normal motor-generator 

operation and during regenerative 

braking. The ESU is a packaged 

subsystem comprised of proprietary 

batteries, a battery management system, 

thermal management equipment and 

containment. It is manufactured to 

Allison’s specifications and is 

functionally critical and specific to the 

H 40/50 EP System. The company 

currently procures the ESU completely 

assembled from a supplier that cannot 

comply with FTA’s Buy America 

requirements. 

With few exceptions, FTA’s Buy 

America rules require that all steel, iron 

and manufactured goods used in FTAfunded projects be produced in the 

United States. One exception to Buy 

America is non-availability—that in 

some instances certain steel, iron, and 

manufactured goods are not produced in 

the United States in sufficient and 

reasonably available quantities or are 

not of a satisfactory quality. When this 

is the case, FTA may waive its Buy 

America requirements and allow the use 

of foreign-produced goods in an FTAfunded project. 

On April 3, 2009, FTA granted a 

limited non-availability waiver to 

Allison. The waiver allowed Allison to 

produce its ESU outside the United 

States. While the waiver was in effect, 

FTA instructed Allison to identify and 

qualify a domestic manufacturer capable 

of producing ESUs for Allison’s H 40/ 

50 EP System. The waiver expired and, 

despite its best efforts, Allison has not 

identified and qualified a U.S. 

manufacturer. 

Allison asked FTA to renew and 

extend the waiver until December 31, 

2013, to allow it to complete the 

qualification process. According to 

Allison, since the issuance of the 2009 

waiver, Allison has utilized competitive 

assessments, technical reviews, and 

independent market studies with U.S. 

based Lithium Ion suppliers. The 

company compared its current Nickel 

Metal Hydride (NiMH) batteries with 

Lithium Ion and determined Lithium 

Ion was appropriate for transit bus 

applications. In addition, Allison is 

changing from NiMH to Lithium Ion 

because no NiMH supplier is producing 

within the U.S. to meet Allison’s 

requirements (design, reliability, 

quality, pricing, etc). Most domestic 

suppliers who expressed interest in 

starting production of the ESU 

subsystem quoted Lithium Ion 

technologies. Five companies have 

started or are starting cell production in 

the United States. Five additional 

companies are starting pack production 

in the Unites States. 

After contacting and surveying a 

number of potential suppliers, Allison 

has chosen a domestic supplier. The 

selection and approval of this supplier 


tkelley on DSK3SPTVN1PROD with NOTICES