Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 16305 

Section 401) [33 U.S.C. 1251–1377]; safe 

Drinking water Act (SDWA) [42 U.S.C. 

300(f)–300(j)(6)]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]. 

7. Health: Resource Conservation and 

Recovery Act [42 U.S.C. 6901 et seq.]; 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act [42 U.S.C. 9601 et seq.]; Atomic 

Energy Act [42 U.S.C. 2011–2259]; 

Toxic Substance Control Act [15 U.S.C. 

2601–2629]; Community Environmental 

Response Facilitation Act; Occupational 

Safety and Health Act [29 U.S.C. 651]; 

Federal Insecticide, Fungicide, and 

Rodenticide Act [7 U.S.C. 136]. 

8. Executive Orders: E.O. 12088 

Federal Compliance with Pollution 

Control Standards; E.O. 12898 Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations; E.O. 13112 

Invasive Species; E.O. 11988 Floodplain 

Management. 

(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 15, 2022. 

Christina Leach, 

Acting Director, Planning, Environment and 

Right of Way, Federal Highway 

Administration, California Division. 

[FR Doc. 2022–06066 Filed 3–21–22; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway Project in 

Michigan 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (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 FHWA and other Federal 

agencies that are final. These final 

agency actions relate to a proposed 

highway project, I-375, from I-75 South 

of Mack Avenue to the Detroit 

Riverfront in the city of Detroit, Wayne 

County, State of Michigan. The actions 

issue National Environmental Policy 

Act (NEPA) and Section 4(f) of the U.S. 

Department of Transportation Act of 

1966 (Section 4(f)) decisions relating to 

the I-375 improvement project. FHWA’s 

Finding of No Significant Impact 

(FONSI) provides details on the 

Selected Alternative for proposed 

improvements. 

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 action on the highway project 

will be barred unless the claim is filed 

on or before August 19, 2022. 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 the shorter time period 

applies. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Mark Dionise, Engineering and 

Operations Director, FHWA Michigan 

Division, 315 Allegan, Room 201, 

Lansing, MI 48933, Telephone: (517) 

702–1842, email: Mark.Dionise@dot.gov. 

The FHWA Michigan Division Office’s 

normal business hours are 8:00 a.m. to 

4:30 p.m. (Eastern Standard Time). For 

the Michigan Department of 

Transportation (MDOT): Jonathan Loree, 

P.E., Senior Project Manager, Michigan 

Department of Transportation, P.O. Box 

30050, 425 W Ottawa Street, Lansing, 

MI 48909, Telephone: (313) 967–5420, 

email: LoreeJ@michigan.gov. The 

Michigan Department of 

Transportation’s normal business hours 

are 8:00 a.m. to 5:00 p.m. (Eastern 

Standard Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA has taken final 

agency action by issuing a Finding of No 

Significant Impact (FONSI) for the 

following highway project in the State 

of Michigan: I-375 Improvement Project 

in Wayne County. Improvements 

include reconstruction of the I-75/I-375 

interchange and construction of a direct 

connection to the Detroit Riverfront in 

the city of Detroit, Michigan between I75 South of Mack Avenue and the 

Detroit Riverfront. The project will dedesignate I-375 as an interstate highway 

and re-designate it as a state route. 

Improvements include removing the 

existing freeway and replacing it with a 

new boulevard aligned along the west 

side of the I-375 corridor. Gratiot 

Avenue and the new boulevard will 

intersect at-grade. Access to I-75 will be 

available via a new interchange north of 

Gratiot Avenue connecting Detroit’s 

central business district, Eastern Market 

and other destinations in the vicinity. 

The project is included in the Southeast 

Michigan Council of Governments’ 

(SEMCOG) 2045 Regional 

Transportation Plan for Southeast 

Michigan. Design and Right-of-Way 

(ROW) of the project is also included in 

SEMCOG’s Fiscal Year 2020–2023 

Transportation Improvement Program. 

FHWA’s action, related actions by 

other Federal agencies, and the laws 

under which such actions were taken, 

are described in the FONSI for the 

project, approved on March 7, 2022, and 

in other documents in the project file. 

The FONSI is available for review by 

contacting FHWA or MDOT at the 

addresses provided above. These 

documents are also available for 

viewing and download from the project 

website at: https://www.michigan.gov/ 

mdot/0,4616,7-151-9621_11058_75084-- 

-,00.html. 

This notice applies to all Federal 

agency decisions on each project as of 

the issuance date of this notice and all 

laws under which such actions were 

taken. This notice does not, however, 

alter or extend the limitation period of 

150 days for challenges to final agency 

actions subject to previous notices 

published in the Federal Register. 

The laws under which such actions 

were taken, include but are not limited 

to: 

1. General: National Environmental Policy 

Act (NEPA) [42 U.S.C. 4321–4351]; FederalAid Highway Act [23 U.S.C. 109 and 23 

U.S.C. 128]; E.O. 11514 Protection and 

Enhancement of Environmental Quality. 

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]; 

Landscaping and Scenic Enhancement 

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

4. Wildlife: Endangered Species Act (ESA) 

[16 U.S.C. 1531–1544 and Section 1536]; 

Marine Mammal Protection Act [16 U.S.C. 

1361]; Anadromous Fish Conservation Act 

[16 U.S.C. 757(a)–757(g)], Fish and Wildlife 

Coordination Act [16 U.S.C. 661–667d]; 

Migratory Bird Treaty Act [16 U.S.C. 703– 

712], Magnuson-Stevenson Fishery 

Conservation and Management Act of 1976, 

as amended [16 U.S.C. 1801 et seq.]; E.O. 

13112 Invasive Species. 

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)–470(ll)]; 

Archeological and Historic Preservation Act 

[16 U.S.C. 469–469c]; Native American Grave 

Protection and Repatriation Act (NAGPRA) 

[25 U.S.C. 3001–3013]; 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. 

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]; E.O. 12898, 

Federal Actions to Address Environmental 

Justice in Minority Populations and Low 

Income Populations. 


lotter on DSK11XQN23PROD with NOTICES1
16306 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 

7. Wetlands and Water Resources: Clean 

Water Act (Section 404, Section 401, Section 

319) [33 U.S.C. 1251–1377]; Coastal Barrier 

Resources Act [16 U.S.C. 3501–3510]; Coastal 

Zone Management Act [16 U.S.C. 1451– 

1465]; 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]; TEA– 

21 Wetlands Mitigation [23 U.S.C. 

103(b)(6)(M, 133(b)(11)]; Flood Disaster 

Protection Act [42 U.S.C. 4001–4128]; E.O. 

11990 Protection of Wetlands; E.O. 11988 

Floodplain Management. 

8. Hazardous Materials: Comprehensive 

Environmental Response, Compensation, and 

Liability Act (CERCLA) [42 U.S.C. 9601– 

9675]; Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery Act 

(RCRA) [42 U.S.C. 6901–6992(k)]. 

(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)) 

Theodore G. Burch, 

Division Administrator, Lansing, Michigan. 

[FR Doc. 2022–05993 Filed 3–21–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2022–0018] 

Petition for Waiver of Compliance and 

Statutory Exemption 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on February 24, 2022, Canadian 

Pacific Railway (CP) and Union Pacific 

Railroad Company (UP) jointly 

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 232 (Brake 

System Safety Standards for Freight and 

Other Non-Passenger Trains and 

Equipment; End-of-Train Devices). CP 

and UP also request an exemption from 

the requirements of title 49, United 

States Code (U.S.C.), section 20303, 

which states that a rail vehicle with 

defective or insecure equipment may be 

moved when necessary to make repairs 

to the nearest available place at which 

the repairs can be made. See 49 U.S.C. 

20306. FRA assigned the petition Docket 

Number FRA–2022–0018. 

Specifically, CP and UP request relief 

from 49 CFR 232.213, Extended haul 

trains; 232.15, Movement of defective 

equipment; and 232.103(f), General 

requirements for all train brake systems, 

and an exemption from the 

requirements of 49 U.S.C. 20303, for a 

potash unit train pair (CP train symbols 

668 and 669), which are designated as 

extended haul trains, that operate 

between loading facilities in 

Saskatchewan, Canada, and the ports of 

Portland, Oregon, United States. The 

requested relief would allow 

technology-based advanced testing (the 

Automated Brake Effectiveness (ABE) 

Test Process) performed by wheel 

temperature detectors as an alternative 

approach to manual Class I brake tests 

performed by Certified Car Inspectors 

(Qualified Mechanical Inspectors). The 

tests would take place on westbound CP 

symbol 669 trains at the designated 

inspection location in Lethbridge, 

Alberta, Canada. The petitioners state 

that the ABE Test Process is expected to 

provide more accurate brake testing, 

more proactive identification and repair 

of defects, and safer railway operations. 

Petitioners also explain that on 

December 10, 2021, Transport Canada 

granted two exemptions to CP under the 

Canadian Railway Safety Act that 

permit the use of CP’s Remote Safety 

Inspection Process (RSIP) and ABE Test 

Process as alternative practices to meet 

certain freight car safety and air brake 

inspections performed in Canada as 

required by Canadian rules. The ABE 

Test Process has been in existence in 

Canada for over ten years, and FRA has 

audited the process as part of its 

investigation of test waivers under 

Docket Numbers FRA–2016–0018 and 

FRA–2018–0049. FRA believes that the 

RSIP, by utilizing Certified Car 

Inspectors in near real-time oversight of 

the process, meets the requirements of 

§ 232.213(a)(3), and does not require 

relief for this instance. Petitioners state 

that the train pair currently receives and 

will continue to receive all inspections 

in Canada by CP employees prior to 

interchanging to the UP, and US 

operations would not change. 

FRA may grant an exemption from the 

requirements of 49 U.S.C. 20303 only on 

the basis of (1) evidence developed at a 

hearing; or (2) an agreement between 

national railroad labor representatives 

and the developer of the equipment or 

technology at issue. 49 U.S.C. 20306. 

FRA notes that the public hearing FRA 

previously held to address a similar 

request for exemption from UP (Docket 

Number FRA–2016–0018) addresses 

substantially the same issues as this 

current request. Thus, FRA believes a 

separate public hearing on the current 

request is unnecessary, and in 

considering the joint CP and UP request 

in this docket, FRA intends to rely on 

the findings of the hearing conducted in 

Docket Number FRA–2016–0018. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by May 23, 

2022 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered if 

practicable. 

Anyone can 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.). 

Under 5 U.S.C. 553(c), the U.S. 

Department of Transportation (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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–06011 Filed 3–21–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2022–0008] 

Agency Information Collection Activity 

Under OMB Review: Public 

Transportation Agency Safety Plan 

AGENCY: Federal Transit Administration, 

Department of Transportation. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 


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