73182 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 

1The Secretary may not assign its responsibility 

for making any conformity determination required 

under section 176 of the Clean Air Act. Also not 

assignable is Government to Government 

consultation with federally recognized Indian 

Tribes. 

device is calibrated to American 

National Standard (formerly ASA 

Standard) Z24.5—1951. 

This standard was adopted in 1970 

and was revised in 1971 to allow drivers 

to be qualified under this standard 

while wearing a hearing aid (35 FR 

6458, 6463 (Apr. 22, 1970) and 36 FR 

12857 (July 8, 1971), respectively). 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based upon its evaluation of the 11 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the hearing requirement in 

§ 391.41(b)(11). 

As of August 22, 2024, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following 11 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (89 FR 59962): 

Thomas Buretz (FL) 

Adrian Crutchfield (MO) 

Ruben Faulkwell (TX) 

Nicholas Green (FL) 

Jada Hart (IA) 

Paul Micolichek (WA) 

Christopher Poole (OH) 

James Queen (FL) 

Wayne Turner (IL) 

Joshua Weaver (GA) 

James Weir (AZ) 

The drivers were included in docket 

number FMCSA–2012–0332, FMCSA– 

2013–0123, FMCSA–2013–0124, 

FMCSA–2015–0328, FMCSA–2015– 

0329, FMCSA–2017–0059, FMCSA– 

2017–0061, FMCSA–2019–0111, 

FMCSA–2021–0013, or FMCSA–2022– 

0032. Their exemptions were applicable 

as of August 22, 2024 and will expire on 

August 22, 2026. 

In accordance with 49 U.S.C. 

31315(b), each exemption will be valid 

for 2 years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) the person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136, 49 

U.S.C. chapter 313, or the FMCSRs. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–20173 Filed 9–6–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2024–0096] 

Application Package From the State of 

Ohio to the Surface Transportation 

Project Delivery Program and 

Proposed Memorandum of 

Understanding (MOU) Assigning 

Environmental Responsibilities to the 

State 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice, request for comments. 

SUMMARY: This notice announces that 

FRA has received and reviewed an 

application package from the State of 

Ohio (State), Ohio Department of 

Transportation (ODOT) in conjunction 

with the Ohio Rail Development 

Commission (ORDC), requesting 

participation in the Surface 

Transportation Project Delivery Program 

(Program). Under the Program, FRA may 

assign, and the State may assume, 

responsibilities under the National 

Environmental Policy Act (NEPA), and 

all or part of FRA’s responsibilities for 

environmental review, consultation, or 

other actions required under any 

Federal environmental laws with 

respect to one or more railroad projects 

within the State. FRA has determined 

the application package to be complete 

and developed a draft MOU with the 

State outlining how the State will 

implement the Program with FRA 

oversight. The public is invited to 

comment on the State’s request, 

including its application package and 

the proposed MOU, which includes the 

proposed assignments and assumptions 

of environmental review, consultation, 

and other activities. 

DATES: Comments must be received on 

or before October 9, 2024. 

ADDRESSES: Comments related to Docket 

No. FRA–2024–0096 may be submitted 

by going to https://www.regulations.gov 

and following the online instructions for 

submitting comments. 

Instructions: All submissions must 

refer to the Federal Railroad 

Administration and the docket number 

in this notice (FRA–2024–0096). Note 

that all submissions received, including 

any personal information provided, will 

be posted without change and will be 

available to the public on https://

www.regulations.gov. You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published April 

11, 2000 (65 FR 19477), or at https://

www.transportation.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, for FRA, 

please contact Ms. Lana Lau, 

Supervisory Environmental Protection 

Specialist, Office of Environmental 

Program Management, Federal Railroad 

Administration, telephone (202) 923– 

5314, email: Lana.Lau@dot.gov. For 

ODOT, please contact Mr. Timothy Hill, 

Administrator of ODOT’s Office of 

Environmental Services, Ohio 

Department of Transportation, 1980 

West Broad Street, Mail Stop 4170, 

Columbus, Ohio 43223, telephone: (614) 

644–0377; email: Tim.Hill@dot.ohio.gov. 

SUPPLEMENTARY INFORMATION: 

Background: Section 327 of title 23, 

United States Code (23 U.S.C. 327) 

establishes the Surface Transportation 

Project Delivery Program (Program). It 

allows the Secretary of the U.S. 

Department of Transportation 

(Secretary) to assign, and a State to 

assume, responsibility for all or part of 

the Secretary’s responsibilities for 

environmental review, consultation, or 

other actions required under NEPA (42 

U.S.C. 4321 et seq.) and any Federal 

environmental law with respect to one 

or more highway projects within the 

State, as well as one or more railroad, 

public transportation, and/or 

multimodal projects.1 FRA is authorized 

to act on behalf of the Secretary with 

respect to these matters for railroad 

projects. 

The State of Ohio initially 

participated in the Federal Highway 

Administration’s (FHWA) Surface 

Transportation Project Delivery Program 

and in accordance with 23 U.S.C. 327, 

entered into a Memorandum of 

Understanding (MOU) with the Federal 

Highway Administration (FHWA) for 

the FHWA NEPA Assignment program 

in Ohio. The NEPA Assignment MOU 

between the State, acting through 

ODOT, and FHWA became effective 

December 11, 2015, was amended on 

June 6, 2018, and renewed on December 

14, 2020. Since being accepted into the 

FHWA NEPA Assignment program, the 

State has successfully completed four 

audits, eight self-assessments, and one 

monitoring event; a second monitoring 

event, as required under the MOU, is 

currently underway. FHWA has 

consistently publicly stated that the 

State continues to meet all requirements 

of the NEPA Assignment program and 

has held the State up as an example for 

other states to follow. The State will 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 73183 

have participated in the Program for 9 

years on December 11, 2024. 

Pursuant to 23 CFR 773.107(b)(1) and 

(2): Public comment, the State’s draft 

application was publicly noticed on 

June 2, 2024, for a 30-day comment 

period, with comments due by the close 

of business on July 2, 2024. A notice of 

the draft application’s availability was 

published in the newspaper with the 

largest circulation in the following 

cities: Columbus, Cincinnati, Cleveland, 

Dayton, and Toledo. The State also sent 

notice of the application by email or 

letter with request for comment to 

federal and state resource agencies and 

federally recognized tribal governments. 

Lastly, the State sent notices to various 

associations and other groups and 

posted the availability of the application 

and how to provide comments on 

ODOT’s website. On July 24, 2024, the 

State formally submitted its Application 

Package to FRA. The submission 

includes verification of statewide notice 

and solicitation of public comment, 

copies of the State’s responses to 

comments and incorporation of 

comments into the application package, 

Ohio’s determination that the State of 

Ohio Public Records Act is comparable 

to the Federal Freedom of Information 

Act, draft MOU, and the Director of 

ODOT’s signature approving the 

application. 

Under the proposed MOU, FRA 

would assign to the State the 

responsibility for making decisions on 

railroad projects as described in the 

State’s application and in Part 3 of the 

draft MOU. The State is requesting to 

assume FRA’s responsibilities under 

NEPA for the following classes of rail 

projects upon execution of the NEPA 

Assignment Program MOU with FRA. 

This includes all railroad projects in 

Ohio whose source of federal funding 

comes from FRA or require FRA 

approvals that are administered by 

ODOT or ORDC; these projects may 

include funding from other federal 

sources as well. For these projects, the 

State requests to assume only FRA’s 

NEPA responsibilities; the request does 

not include assuming the NEPA 

responsibilities of other federal agencies 

Lastly, the State would establish 

appropriate relationships with other 

Operating Administration(s) involved in 

a multimodal project, including 

cooperating agency, participating 

agency, and lead or co-lead agency 

relationships under NEPA. In addition, 

the State may use or adopt other federal 

agencies’ NEPA analyses consistent 

with 40 CFR parts 1500–1508 and 

USDOT and FRA regulations, policies, 

and guidance. ODOT’s assumption of 

these responsibilities program-wide will 

provide for the highest degree of 

consistency and efficiency in document 

review and agency coordination. It will 

also provide the greatest opportunity for 

streamlining benefits. 

Excluded from assignment are the 

following: 

(1) Railroad projects that cross state 

boundaries or that cross or are adjacent 

to international boundaries. For 

purposes of the State’s application and 

the proposed MOU, a project is 

considered ‘‘adjacent to international 

boundaries’’ if it requires the issuance of 

a new, or modification of an existing, 

Presidential Permit. 

(2) As provided at 23 U.S.C. 

327(a)(2)(D), any railroad project that is 

not assumed by the State as identified 

in the State’s application and under 

subpart 3.3 of the proposed MOU, 

remains the responsibility of FRA. 

Under the proposed MOU, the State 

would also assume the responsibility to 

conduct the following environmental 

review, reevaluation, consultation, or 

other action pertaining to the review or 

approval of railroad projects specified 

under MOU subpart 3.3 and required 

under the following Federal 

environmental laws and executive 

orders related to railroad projects: 

Environmental Review Process 

Efficient environmental reviews for 

project decision-making, 23 U.S.C. 

139 

Efficient environmental reviews, 49 

U.S.C. 24201 

Air Quality 

Clean Air Act (CAA), 42 U.S.C. 7401– 

7671q, with the exception of any 

project-level general conformity 

determinations, 42 U.S.C 7506 

Noise 

Noise Control Act of 1972, 42 U.S.C. 

4901–4918 

Wildlife 

Endangered Species Act of 1973 (ESA), 

16 U.S.C. 1531–1544 

Fish and Wildlife Coordination Act, 16 

U.S.C. 661–667d 

Bald and Golden Eagle Protection Act, 

16 U.S.C. 668–668d 

Migratory Bird Treaty Act, 16 U.S.C. 

703–712 

Hazardous Materials Management 

Comprehensive Environmental 

Response, Compensation, and 

Liability Act (CERCLA), 42 U.S.C. 

9601–9675 

Superfund Amendments and 

Reauthorization Act (SARA), 42 

U.S.C. 9671–9675 

Resource Conservation and Recovery 

Act (RCRA), 42 U.S.C. 6901–6992k 

Historic and Cultural Resources 

National Historic Preservation Act of 

1966, as amended, 54 U.S.C. 300101– 

307108, et seq. except to the extent 23 

CFR 773.105(b)(4) requires FRA to 

retain responsibility for governmentto-government consultation with 

Indian Tribes 

23 U.S.C. 138 and section 4(f) of the 

Department of Transportation Act of 

1966, 49 U.S.C. 303 and 

implementing regulations at 23 CFR 

part 774 

Archeological and Historic Preservation 

Act of 1966, as amended, 16 U.S.C. 

469–469c 

Archeological Resources Protection Act, 

16 U.S.C. 470aa–470mm, title 54, 

chapter 3125 

Preservation of Historical and 

Archeological Data, 54 U.S.C. 

312501–312508 

Native American Graves Protection and 

Repatriation Act (NAGPRA), 25 U.S.C. 

3001–3013; 18 U.S.C. 1170 

Social and Economic Impacts 

American Indian Religious Freedom 

Act, 42 U.S.C. 1996 

Farmland Protection Policy Act (FPPA), 

7 U.S.C. 4201–4209 

Water Resources and Wetlands 

Clean Water Act, 33 U.S.C. 1251–1387 

(sections 401, 402, 404, 408, and 

section 319) 

Coastal Barrier Resources Act, 16 U.S.C. 

3501–3510 

Coastal Zone Management Act, 16 

U.S.C. 1451–1466 

Emergency Wetlands Resources Act, 16 

U.S.C. 3901 and 3921 

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

4001–4133 

General Bridge Act of 1946, 33 U.S.C. 

525–533 

Rivers and Harbors Act of 1899, 33 

U.S.C. 401–406 

Safe Drinking Water Act (SDWA), 42 

U.S.C. 300f–300j–26 

Wetlands Mitigation, 23 U.S.C. 119(g) 

and 133(b)(14) 

Wild and Scenic Rivers Act, 16 U.S.C. 

1271–1287 

Parklands and Other Special Land Uses 

49 U.S.C. 303 (section 4(f)) and 

implementing regulations at 23 CFR 

part 774 

Land and Water Conservation Fund 

(LWCF) Act, 54 U.S.C. 200302– 

200310 

Executive Orders 

E.O. 11990, Protection of Wetlands 

E.O. 11988, Floodplain Management 

(except approving design standards 

and determinations that a significant 

encroachment is the only practicable 


ddrumheller on DSK120RN23PROD with NOTICES1
73184 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 

alternative under 23 CFR 650.113 and 

650.115. 

E.O. 12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations 

E.O. 13112, Invasive Species, as 

amended by E.O. 13751, Safeguarding 

the Nation from the Impacts of 

Invasive Species 

E.O. 13985, Advancing Racial Equity 

and Support for Underserved 

Communities Through the Federal 

Government 

E.O. 13990, Protecting Public Health 

and the Environment and Restoring 

Science to Tackle the Climate Crisis 

E.O. 14008, Tackling the Climate 

Change Crisis at Home and Abroad 

E.O. 14096, Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

Other Executive Orders not listed, but 

related to railroad projects 

The proposed MOU would allow the 

State to act in the place of FRA in 

carrying out the environmental reviewrelated functions described above, 

except with respect to Government-toGovernment consultations with 

federally recognized Indian Tribes. The 

State would continue to handle routine 

consultations with the Tribes and 

understands that a Tribe has the right to 

direct consultation with FRA upon 

request. The State may assist FRA with 

Government-to-Government 

consultations, with consent of a Tribe, 

but FRA remains responsible for the 

consultation. 

In addition, the State would not 

assume FRA’s responsibilities for 

conformity determinations required 

under section 176 of the CAA (42 U.S.C. 

7506), or any responsibility under 23 

U.S.C. 134 or 135, or under 49 U.S.C. 

5303 or 5304. 

FRA will consider the comments 

submitted on the State’s application and 

the proposed MOU. A copy of the 

application package and proposed MOU 

may be viewed on the docket (FRA– 

2024–0096) at www.regulations.gov. A 

copy also may be viewed on ODOT’s 

website at: https://

www.transportation.ohio.gov/programs/ 

nepa-odot/nepa-assignmentdocumentation. Any final MOU 

approved by FRA may include changes 

based on comments and consultations 

relating to the proposed MOU and will 

be made publicly available. 

Authority: 23 U.S.C. 327; 42 U.S.C. 

4331, 4332; 23 CFR part 773; 40 CFR 

1507.3; and 49 CFR 264.101. 

Marlys Osterhues, 

Director, Office of Environmental Program 

Management, Office of Railroad 

Administration. 

[FR Doc. 2024–20247 Filed 9–6–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Limitation on Claims Against Proposed 

Public Transportation Project— 

Operations and Maintenance Facility 

South, Federal Way, King County, 

Washington 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

regarding the Operations and 

Maintenance Facility South, Federal 

Way, King County, Washington. The 

purpose of this notice is to publicly 

announce FTA’s environmental 

decisions on the subject project, and to 

activate the limitation on any claims 

that may challenge these final 

environmental actions. 

DATES: A claim seeking judicial review 

of FTA actions announced herein for the 

listed public transportation project will 

be barred unless the claim is filed on or 

before February 6, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Loster, Assistant Chief Counsel, 

Office of Chief Counsel, (312) 705–1269, 

or Saadat Khan, Environmental 

Protection Specialist, Office of 

Environmental Programs, (202) 366– 

9647. FTA is located at 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Office hours are from 9:00 a.m. to 5:00 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FTA has taken final 

agency actions subject to 23 U.S.C. 

139(l) by issuing certain approvals for 

the public transportation project listed 

below. The actions on the project, as 

well as the laws under which such 

actions were taken, are described in the 

documentation issued in connection 

with the project to comply with the 

National Environmental Policy Act 

(NEPA) and in other documents in the 

FTA environmental project files for the 

project. Interested parties may contact 

either the project sponsor or the relevant 

FTA Regional Office for more 

information. Contact information for 

FTA’s Regional Offices may be found at 

https://www.transit.dot.gov/about/ 

regional-offices/regional-offices. 

This notice applies to all FTA 

decisions on the listed project as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including, but not limited to, NEPA (42 

U.S.C. 4321–4375), Section 4(f) 

requirements (49 U.S.C. 303), Section 

106 of the National Historic 

Preservation Act (54 U.S.C. 306108), 

Endangered Species Act (16 U.S.C. 

1531), Magnuson-Stevens Fisheries 

Conservation and Management Act (16 

U.S.C. 1801), Migratory Bird Treaty Act 

(16 U.S.C. 703–712), Clean Water Act 

(33 U.S.C. 1251), the Uniform 

Relocation and Real Property 

Acquisition Policies Act (42 U.S.C. 

4601), Coastal Zone Management Act 

(16 U.S.C. 1451–1462) and the Clean Air 

Act (42 U.S.C. 7401–7671q). This notice 

does not, however, alter or extend the 

limitation period for challenges of 

project decisions subject to previous 

notices published in the Federal 

Register. The project modifications and 

actions that are the subject of this notice 

follow: 

Project name and location: Operations 

and Maintenance Facility South 

(Project), Federal Way, King County, 

Washington. 

Project sponsor: Central Puget Sound 

Regional Transit Authority (Sound 

Transit), Seattle, King County, 

Washington. 

Project description: The Project would 

construct and operate a light rail 

operations and maintenance facility 

(OMF) in its South Corridor. The OMF 

would be constructed on 66 acres and 

provide capacity to receive, test, 

commission, store, maintain, and 

deploy an expanded fleet of light rail 

vehicles (LRVs) to support the Link light 

rail system expansion goal as part of 

Sound Transit 3: The Regional Transit 

System Plan for Central Puget Sound 

(Sound Transit 3). The facility will 

include the OMF building, Maintenance 

of Way (MOW) building, the Link 

System-Wide Storage building, OMF 

tracks that provide staging for LRVs, 

parking (480 spaces), training tracks, 

and yard areas. The Project also 

involves construction of new mainline 

track (1.4 miles), a 0.9-mile test track 

running parallel to the mainline tracks, 

and a tail track connecting the facility 

to the light rail system. 

Final agency actions: Section 106 no 

adverse effect determination, dated 

October 31, 2023; Section 4(f) de 

minimis impact determination, dated 

October 31, 2023; and Operations and 


ddrumheller on DSK120RN23PROD with NOTICES1