Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices 51549 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Idaho 

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, SH–75 Timmerman Junction to 

Ketchum, Project No. STP–F–2392(035), 

Key No. 3077, in Blaine County, in the 

State of Idaho. 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 March 2, 2009. 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. Peter Hartman, Division 

Administrator, Federal Highway 

Administration, 3050 Lakeharbor Lane 

Suite 126, Boise, Idaho 83703; 

telephone (208) 334–1843, e-mail: 

Idaho.FHWA@fhwa.dot.gov. The FHWA 

Idaho Division Office’s normal business 

hours are 8 a.m. to 4 p.m. (Mountain 

Time). For ITD: Mr. Mike Scott, Project 

Manager, Idaho Transportation 

Department, District 4, 216 S. Date 

Street, Shoshone, Idaho 83352; 

telephone: (208) 886–7806; e-mail: 

mike.scott@itd.idaho.gov. The ITD 

District 4 normal business hours are 8 

a.m. to 5 p.m. (Mountain Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions subject to 23 U.S.C. (l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of Idaho: SH–75 from Timmerman 

Junction (US–20) to Saddle Road in the 

City of Ketchum. The project will 

reconstruct and widen approximately 26 

miles of SH–75 within the described 

limits. This reconstruction will widen 

SH–75 to three, four, or five lanes 

through the corridor. The project will 

construct shoulders, curbs, sidewalks, 

bike lanes, and turn lanes through the 

corridor; also traffic signals or 

roundabouts will be constructed to 

improve safety and operation of various 

intersections throughout the corridor. 

The actions by the 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 March 5, 

2008, in the FHWA Record of Decision 

(ROD) issued on August 13, 2008, and 

in other documents in the FHWA 

administrative record. The FEIS, ROD, 

and other documents in the FHWA 

administrative record file are available 

by contacting the FHWA or the Idaho 

Transportation Department at the 

addresses provided above. The FHWA 

FEIS can be viewed at public libraries 

in the project area. The ROD can be 

downloaded from the Idaho 

Transportation Department Web site at: 

http://itd.idaho.gov/Projects/D4/ 

Idaho75TimmermanToKetchum/ 

default.asp. 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: 

General Environmental Statutes 

National Environmental Policy Act: 42 

U.S.C. 4321–4335 (Pub. L. 91–190), 

(Pub. L. 94–83). 

Section 4(f) of The Department of 

Transportation Act: 23 U.S.C. 138, 49 

U.S.C. 303 (Pub. L. 100–17), (Pub. L. 

97–449), (Pub. L. 86–670). 

Economic, social, and environmental 

effects: 23 U.S.C. 109(h), (Pub. L. 91– 

605), 23 U.S.C. 128. 

Uniform Relocation Assistance and Real 

Property Acquisition Act of 1970 (42 

U.S.C. 4601 et seq., Pub. L. 91–646) as 

amended by the Uniform Relocation 

Act Amendments of 1987 (Pub. L. 

100–17) 

Title VI of the Civil Rights Act of 1964 

(42 U.S.C. 2000d et seq.) 23 U.S.C. 

324; Americans with Disabilites Act 

(42 U.S.C. 12101) and related statutes 

Executive Order 12898: Environmental 

Justice 

Public hearings: 23 U.S.C. 128 

Health 

Solid Waste Disposal Act, as amended 

by the Resource Conservation and 

Recovery Act of 1976: 42 U.S.C. 6901, 

et seq., especially 42 U.S.C. 6961– 

6964 (Pub. L. 89–272) (Pub. L. 91– 

512) (Pub. L. 94–580) 

Historical and Archeological 

Preservation 

Section 106 of the National Historic 

Preservation Act, as amended: 16 

U.S.C. 470f (Pub. L. 89–665) (Pub. L. 

91–243) (Pub. L. 93–54) (Pub. L. 94– 

422) (Pub. L. 94–458) (Pub. L. 96–199) 

(Pub. L. 96–244) (Pub. L. 96–515) 

(Pub. L. 102–575) 

Section 110 of the National Historic 

Preservation Act, as amended: 16 

U.S.C. 470H–2 (Pub. L. 96–515) 

Archeological and Historic Preservation 

Act: 16 U.S.C. 469–469C (Pub. L. 93– 

291) (Moss-Bennett Act) 

Archeological Resources Protection Act: 

16 U.S.C. 470aa–11 (Pub. L. 96–95) 

American Indian Religious Freedom 

Act: 42 U.S.C. 1996 (Pub. L. 95–341) 

Native American Grave Protection and 

Repatriation Act: (Pub. L. 101–601) 25 

U.S.C. 3001 et seq. 

Land and Water Usage 

Executive Order 11988: Floodplain 

Management, as amended by 

Executive Order 12148 

Federal Water Pollution Control Act 

(1972), as amended by the Clean 

Water Act (1977 & 1987): 33 U.S.C. 

1251–1376 (Pub. L. 92–500) (Pub. L. 

95–217) (Pub. L. 100–4) 

Wildflowers 23 U.S.C. 319 (B) (Pub. L. 

100–17) 

Farmland Protection Policy Act of 1981: 

7 U.S.C. 4201–4209 (Pub. L. 97–98) 

(Pub. L. 99–198) 

Comprehensive Environmental 

Response, Compensation, and 

Liability Act of 1980 (CERCLA), as 

amended: 42 U.S.C. 9601–9657 (Pub. 

L. 96–510) Superfund Amendments 

and Reauthorization Act of 1986: 

(SARA) (Pub. L. 99–499) 

Endangered Species Act of 1973, as 

amended: 16 U.S.C. 1531–1543 (Pub. 

L. 93–205) (Pub. L. 94–359) (Pub. L. 

95–632) (Pub. L. 96–159) (Pub. L. 97– 

304) 

Intermodal Surface Transportation 

Efficiency Act of 1991 Sec. 1038 

Recycled Paving Material: (Pub. L. 

102–240) 

Noise 

Standards: 23 U.S.C. 109(i) (Pub. L. 91– 

605) (Pub. L. 93–87) 

Air Quality 

Clean Air Act (as amended), 

Transportation Conformity Rule: 23 

U.S.C. 109 (j) 42 U.S.C. 7521 (a) (Pub. 

L. 101–549) 

Intermodal Surface Transportation 

Efficiency Act of 1991. Congestion 

Mitigation and Air Quality 

Improvement Program (CMAQ): Sec 

1008 23 U.S.C. 149. 

(Catalog of the 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.) 


sroberts on PROD1PC70 with NOTICES
51550 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: August 27, 2008. 

Peter J. Hartman, 

Division Administrator, Federal Highway 

Administration—Boise, Idaho. 

[FR Doc. E8–20352 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2008–0139] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2005– 

2006 Mercedes Benz SLK Class (171 

Chassis) Passenger Cars 

Manufactured Between August 31, 

2004 and August 31, 2006 Are Eligible 

for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2005–2006 

Mercedes Benz SLK class (171 chassis) 

passenger cars manufactured between 

August 31, 2004 and August 31, 2006 

are eligible for importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2005–2006 

Mercedes Benz SLK class (171 chassis) 

passenger cars manufactured between 

August 31, 2004 and August 31, 2006 

that were not originally manufactured to 

comply with all applicable Federal 

motor vehicle safety standards (FMVSS) 

are eligible for importation into the 

United States because (1) they are 

substantially similar to vehicles that 

were originally manufactured for sale in 

the United States and that were certified 

by their manufacturer as complying 

with the safety standards (the U.S.- 

certified version of the 2005–2006 

Mercedes Benz SLK class (171 chassis) 

passenger cars manufactured between 

August 31, 2004 and August 31, 2006,) 

and (2) they are capable of being readily 

altered to conform to the standards. 

DATE: The closing date for comments on 

the petition is October 3, 2008. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: Comments must be 

written in the English language, and be 

no greater than 15 pages in length, 

although there is no limit to the length 

of necessary attachments to the 

comments. If comments are submitted 

in hard copy form, please ensure that 

two copies are provided. If you wish to 

receive confirmation that your 

comments were received, please enclose 

a stamped, self-addressed postcard with 

the comments. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

How to Read Comments Submitted to 

the Docket: You may read the comments 

received by Docket Management at the 

address and times given above. You may 

also see the comments on the Internet. 

To read the comments on the Internet, 

take the following steps: 

(1) Go to the Federal Docket 

Management System (FDMS) Web page 

http://www.regulations.gov. 

(2) On that page, click on ‘‘Advanced 

Docket Search.’’ 

(3) On the next page select 

‘‘NATIONAL HIGHWAY TRAFFIC 

SAFETY ADMINISTRATION’’ from the 

drop-down menu in the Agency field 

and enter the Docket ID number shown 

at the heading of this document. 

(4) After entering that information, 

click on ‘‘submit.’’ 

(5) The next page contains docket 

summary information for the docket you 

selected. Click on the comments you 

wish to see. You may download the 

comments. Please note that even after 

the comment closing date, we will 

continue to file relevant information in 

the Docket as it becomes available. 

Further, some people may submit late 

comments. Accordingly, we recommend 

that you periodically search the Docket 

for new material. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202–366–3151). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for importation into and sale in the 

United States, certified under 49 U.S.C. 

30115, and of the same model year as 

the model of the motor vehicle to be 

compared, and is capable of being 

readily altered to conform to all 

applicable FMVSS. 

Petitions for eligibility decisions may 

be submitted by either manufacturers or 

importers who have registered with 

NHTSA pursuant to 49 CFR Part 592. As 

specified in 49 CFR 593.7, NHTSA 

publishes notice in the Federal Register 

of each petition that it receives, and 

affords interested persons an 

opportunity to comment on the petition. 

At the close of the comment period, 

NHTSA decides, on the basis of the 

petition and any comments that it has 

received, whether the vehicle is eligible 

for importation. The agency then 

publishes this decision in the Federal 

Register. 

Automobile Concepts, Inc. (‘‘AMC’’), 

of North Miami, Florida (Registered 

Importer 01–278) has petitioned NHTSA 

to decide whether nonconforming 2005– 

2006 Mercedes Benz SLK class (171 

chassis) passenger cars manufactured 

between August 31, 2004 and August 

31, 2006 are eligible for importation into 

the United States. The vehicles which 

AMC believes are substantially similar 

are 2005–2006 Mercedes Benz SLK class 

(171 chassis) passenger cars 

manufactured between August 31, 2004 

and August 31, 2006 that were 

manufactured for sale in the United 

States and certified by their 

manufacturer as conforming to all 

applicable FMVSS. 

The petitioner claims that it compared 

non-U.S. certified 2005–2006 Mercedes 

Benz SLK class (171 chassis) passenger 

cars manufactured between August 31, 

2004 and August 31, 2006 to their U.S.- 

certified counterparts, and found the 

vehicles to be substantially similar with 

respect to compliance with most 

FMVSS. 

AMC submitted information with its 

petition intended to demonstrate that 

non-U.S. certified 2005–2006 Mercedes 

Benz SLK class (171 chassis) passenger 

cars manufactured between August 31, 


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