13462 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 

In addition, this notice announces 

actions taken by FHWA and other 

Federal agencies that are final within 

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

actions relate to the design and 

construction of the Selected Alternative 

for the South Mountain Freeway project. 

Those actions grant licenses, permits, 

and approvals for the project. 

DATES: By this notice, 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 August 10, 2015. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 150 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Hansen, Team Leader Planning, 

Environment, Air Quality, and Realty 

Team, Federal Highway Administration, 

4000 N. Central Avenue, Suite 1500, 

Phoenix, Arizona 85012–3500; 

telephone: (602) 379–3646, fax: (602) 

382–8998, email: Alan.Hansen@dot.gov. 

The FHWA Arizona Division Office’s 

normal business hours are 7:30 a.m. to 

4 p.m. (Mountain Standard Time). 

You may also contact: Ms. Rebecca 

Yedlin, Environmental Coordinator, 

Federal Highway Administration, 4000 

N. Central Avenue, Suite 1500, Phoenix, 

Arizona 85012–3500; telephone: (602) 

379–3646, fax: (602) 382–8998, email: 

Rebecca.Yedlin@dot.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following project in 

the State of Arizona: South Mountain 

Freeway (Loop 202), Interstate 10 

(Papago Freeway) to Interstate 10 

(Maricopa Freeway). The FHWA has 

decided to identify the Preferred 

Alternative analyzed in the South 

Mountain Freeway (Loop 202) Final 

Environmental Impact Statement and 

Section 4(f) Evaluation (FEIS) as the 

Selected Alternative for the South 

Mountain Freeway project in Phoenix, 

Arizona, and to proceed with its 

construction. The Selected Alternative 

discussed in the ROD for the project is 

the environmentally preferable 

alternative. The Selected Alternative 

will meet the project needs as well as or 

better than the other alternatives, and 

was determined to be the only prudent 

and feasible alternative in the eastern 

project area during the Section 4(f) 

evaluation. The Selected Alternative 

will have similar environmental effects 

on natural resources, cultural resources, 

hazardous materials, and noise; will 

displace fewer residences; will have the 

lowest impact on total tax revenues of 

local governments; will have lower 

construction costs; will cause less 

construction disruption overall to 

Interstate 10 (Papago Freeway); will 

mitigate impacts and provide measures 

to minimize harm; represents all 

possible planning to minimize harm to 

resources receiving protection under 

Section 4(f); is favored by the majority 

of local governments; and will allow 

regulatory permitting requirements to be 

met. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the Draft 

Environmental Impact Statement 

approved April 16, 2013, FEIS for the 

project, approved on September 18, 

2014, in the FHWA ROD issued on 

March 5, 2015, and in other documents 

in the FHWA administrative record. 

Project decision documents are also 

available online at: azdot.gov/

southmountainfreeway. 

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 US 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. 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]. 

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)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. 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]. 

7. Wetlands and Water Resources: 

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]; Flood 

Disaster Protection Act [42 U.S.C. 4001– 

4128]. 

8. Water: Clean Water Act 33 U.S.C. 

1251–1387. 

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: March 9, 2015. 

Karla S. Petty, 

Arizona Division Administrator, Phoenix, 

Arizona. 

[FR Doc. 2015–05769 Filed 3–12–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2015–0015] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated 

February 16, 2015, Sonoma-Marin Area 

Rail Transit District (SMART) has 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 236, Rules, 

Standards, and Instructions Governing 

the Installation, Inspection, 

Maintenance and Repair of Signal and 

Train Control Systems, Devices, and 

Appliances. FRA assigned the petition 

Docket Number FRA–2015–0015. 

Specifically, SMART seeks temporary 

relief from the requirements of 49 CFR 

236.0, Applicability, minimum 

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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices 13463 

requirements, and penalties. SMART 

proposes to perform acceptance testing 

of new Diesel Multiple Units (DMU), at 

speeds of up to 79 mph on trackage 

without a block signal system, as 

required in 49 CFR 236.0(c)(2). 

SMART is scheduled to receive its 

pilot two-car set of DMUs in February 

2015. SMART’s Enhanced Automatic 

Train Control (E–ATC) system is not 

scheduled to be commissioned until 

2016. SMART seeks permission to 

perform limited non-revenue testing of 

its new fleet of DMUs at a speed not to 

exceed 79 mph, solely on a remote 6.3- 

mile segment of track, absent the 

installation of a block signal system. 

SMART is seeking to perform testing 

under this temporary waiver until its E– 

ATC system is fully commissioned. 

SMART has submitted a test plan 

with its petition, outlining the safety 

procedures which would be in place 

during the testing. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

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 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 by April 

27, 2015 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered as far as practicable. 

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 document, if 

submitted on behalf of an association, 

business, labor union, etc.). In 

accordance with 5 U.S.C. 553(c), DOT 

solicits comments from the public to 

better inform its processes. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. See also http://

www.regulations.gov/#!privacyNotice 

for the privacy notice of regulations.gov. 

Issued in Washington, DC, on March 10, 

2015. 

Ron Hynes, 

Director of Technical Oversight. 

[FR Doc. 2015–05753 Filed 3–12–15; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2003–16203] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated January 

9, 2015, Norfolk Southern Railway (NS) 

has petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR parts 215, Railroad 

Freight Car Safety Standards, 231, 

Railroad Safety Appliance Standards, 

and 232, Brake System Safety Standards 

for Freight and Other Non-Passenger 

Trains and Equipment; End-of-Train 

Devices, regarding the operation of 

RoadRailer/RailRunner equipment on 

NS in Triple Crown Service. FRA 

assigned the petition Docket Number 

FRA–2003–16203. 

In its petition, NS requested a 5-year 

extension of an existing waiver granted 

by FRA in a letter dated June 4, 2010. 

NS had no accidents or injuries in the 

past 5 years of operating the RoadRailer/ 

RailRunner equipment on its lines, and 

has requested relief from certain 

provisions of Parts 215, 231, and 232. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

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 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 by April 

27, 2015 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered as far as practicable. 

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 document, if 

submitted on behalf of an association, 

business, labor union, etc.). In 

accordance with 5 U.S.C. 553(c), DOT 

solicits comments from the public to 

better inform its processes. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. See also http://

www.regulations.gov/#!privacyNotice 

for the privacy notice of regulations.gov. 

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