61448 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices 

claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before April 14, 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: 

Cesar Perez, Senior Transportation 

Engineer, Federal Highway 

Administration, 650 Capitol Mall, #4– 

100, Sacramento, CA 95814, weekdays 

between 7 a.m. and 4 p.m., telephone 

916–498–5065, 

cesar.perez@fhwa.dot.gov, or Susanne 

Glasgow, Deputy Environmental, 4050 

Taylor Street, San Diego, California 

92110, 619–688–6670. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing approvals for the 

State Route 11 and Otay Mesa Port of 

Entry in project in the State of 

California. The Federal Highway 

Administration (FHWA) has selected 

the Western Alternative for the future 

State Route (SR–) 11 Corridor and the 

associated Western Site for future 

development of the Otay Mesa East Port 

of Entry (POE) in San Diego County, 

California. The selection of a corridor 

and site constitute Tier I of the SR–11 

and Otay Mesa East POE program. This 

will allow for the following decisions/ 

actions: (1) Corridor adoption by the 

California Transportation Commission 

(CTC); (2) consideration and approval of 

a conditional Presidential Permit for the 

POE by the U.S. Department of State 

(DOS); (3) facilitation of land use and 

circulation planning in the East Otay 

Mesa Specific Plan (EOMSP) area by 

local agencies; (4) support of 

international cooperation efforts to 

pursue the development of a new Otay 

Mesa East POE, and (5) possible future 

designation of right-of-way (R/W) for 

each facility. FHWA based its decision 

on the Final Program Environmental 

Impact Report/Tier I Environmental 

Impact Statement for the program (PEIR/ 

PEIS, August 2008) and its supporting 

studies. With adoption of a Record of 

Decision (ROD) by FHWA and the 

California Department of Transportation 

(Caltrans), and the use of the PEIR/PEIS 

and its supporting studies by the 

General Services Administration (GSA) 

to make its own POE site location NEPA 

determination, these agencies will 

proceed with identification and analysis 

of design and operational alternatives 

for SR–11 and the POE, and 

environmental processing of the projects 

under Tier II, with the knowledge that 

the overall program has been approved. 

Actions by the Federal agencies and 

the laws under which such actions were 

taken are described in the Final 

Environmental Assessment for the 

project. The Record of Decision (ROD) 

was approved on October 3, 2008. The 

Final Environmental Impact Statement 

and other documents in the FHWA 

administrative record file are available 

by contacting the FHWA or the 

California Department of Transportation 

at the addresses provided above. 

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. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Fish and Wildlife Coordination 

Act [16 U.S.C. 661–667(d)]. 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. 470(aa) 11]; 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]. 

5. 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]; The Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended. 

6. 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). 

7. 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. I39(1)(1). 

Issued on: October 9, 2008. 

Nancy E. Bobb, 

Director, State Programs, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E8–24578 Filed 10–15–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2005–23112] 

Motorcyclist Advisory Council to the 

Federal Highway Administration 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of meeting of advisory 

committee and change to membership. 

SUMMARY: This document announces the 

fifth meeting of the Motorcyclist 

Advisory Council to the Federal 

Highway Administration (MAC– 

FHWA). The purpose of this meeting is 

to advise the Secretary of 

Transportation, through the 

Administrator of the Federal Highway 

Administration, on infrastructure issues 

of concern to motorcyclists, including: 

(1) Barrier design; (2) road design, 

construction, and maintenance 

practices; and (3) the architecture and 

implementation of intelligent 

transportation system technologies, 

pursuant to section 1914 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). 

DATES: The fifth meeting of the MAC– 

FHWA is scheduled for November 13, 

2008, from 9 a.m. until 5 p.m. 

ADDRESSES: The fifth MAC–FHWA 

meeting will be held at the Crystal City 

Marriott, 1999 Jefferson Davis Highway, 

Arlington, VA 22202. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Halladay, the Designated 

Federal Official, Office of Safety, 202– 

366–2288, (michael.halladay@dot.gov), 

or Dr. Morris Oliver, Office of Safety, 

202–366–2288, (morris.oliver@dot.gov), 

Federal Highway Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

SUPPLEMENTARY INFORMATION: 
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices 61449 

Background 

On August 10, 2005, the President 

signed into law the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59, 119 Stat. 1144). Section 

1914 of SAFETEA–LU mandates the 

establishment of the Motorcyclist 

Advisory Council as follows: ‘‘The 

Secretary, acting through the 

Administrator of the Federal Highway 

Administration, in consultation with the 

Committee on Transportation and 

Infrastructure of the House of 

Representatives and the Committee on 

Environment and Public Works of the 

Senate, shall appoint a Motorcyclist 

Advisory Council to coordinate with 

and advise the Administrator on 

infrastructure issues of concern to 

motorcyclists, including— 

(1) Barrier design; 

(2) Road design, construction, and 

maintenance practices; and 

(3) The architecture and 

implementation of intelligent 

transportation system technologies.’’ 

In addition, section 1914 specifies the 

membership of the council: ‘‘The 

Council shall consist of not more than 

10 members of the motorcycling 

community with professional expertise 

in national motorcyclist safety 

advocacy, including— 

(1) At least— 

(A) One member recommended by a 

national motorcyclist association; 

(B) One member recommended by a 

national motorcycle riders foundation; 

(C) One representative of the National 

Association of State Motorcycle Safety 

Administrators; 

(D) Two members of State 

motorcyclists’ organizations; 

(E) One member recommended by a 

national organization that represents the 

builders of highway infrastructure; 

(F) One member recommended by a 

national association that represents the 

traffic safety systems industry; and 

(G) One member of a national safety 

organization; and 

(2) At least one, and not more than 

two, motorcyclists who are traffic 

system design engineers or State 

transportation department officials.’’ 

To carry out this requirement, the 

FHWA published a notice of intent to 

form an advisory committee in the 

Federal Register on December 23, 2005 

(70 FR 76353). This notice, consistent 

with the requirements of the Federal 

Advisory Committee Act (FACA), 

announced the establishment of the 

Council and invited comments and 

nominations for membership. The 

FHWA announced the ten members 

selected to the Council in the Federal 

Register on October 5, 2006 (71 FR 

58903). An electronic copy of this 

document and the previous Federal 

Register notices associated with the 

MAC–FHWA can be downloaded 

through the Federal eRulemaking Portal 

at: http://www.regulations.gov and the 

Office of the Federal Register’s home 

page at: http://www.archives.gov/ 

federal_register. 

This notice also serves to identify a 

change in the MAC–FHWA membership 

due to a change in the relationship 

between Mr. Steven Zimmer, one of the 

original members of the MAC–FHWA, 

and ABATE of Ohio, making him 

ineligible for the position for which he 

was nominated. Mr. James D. ‘‘Doc’’ 

Reichenbach II, from ABATE of Florida, 

will replace Mr. Zimmer on the Council. 

The FHWA anticipates that the MAC– 

FHWA will meet at least once a year, 

with meetings held in the Washington, 

DC, metropolitan area, and the FHWA 

will publish notices in the Federal 

Register to announce the times, dates, 

and locations of these meetings. 

Meetings of the Council are open to the 

public, and time will be provided in 

each meeting’s schedule for comments 

by members of the public. Attendance 

will necessarily be limited by the size of 

the meeting room. Members of the 

public may present oral or written 

comments at the meeting or may present 

written materials by providing copies to 

Ms. Fran Bents, Westat, 1650 Research 

Boulevard, Rockville, MD 20850–3195, 

(240) 314–7557, 10 days prior to the 

meeting. 

The agenda topics for the meetings 

will include a discussion of the 

following issues: (1) Barrier design; (2) 

road design, construction, and 

maintenance practices; and (3) the 

architecture and implementation of 

intelligent transportation system 

technologies. 

Conclusion 

The fifth meeting of the Motorcyclist 

Advisory Council to the Federal 

Highway Administration will be held on 

November 13, 2008, at the Crystal City 

Marriott, 1999 Jefferson Davis Highway, 

Arlington, VA 22202 from 9 a.m. until 

5 p.m. 

Authority: Section 1914 of Pub. L. 109–59; 

Pub. L. 92–463, 5 U.S.C., App. II § 1. 

Issued on: October 09, 2008. 

Thomas J. Madison, Jr., 

Federal Highway Administrator. 

[FR Doc. E8–24606 Filed 10–15–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Funding Availability and 

Solicitation of Applications for the 

SAFETEA–LU Magnetic Levitation 

Project Selection 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of funding availability; 

solicitation for applications. 

SUMMARY: Under this Notice, the FRA 

announces that $45 million authorized 

by the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) for 

grants to existing magnetic levitation 

(maglev) projects located east of the 

Mississippi River has been appropriated 

and that project proponents (States or 

State designated authorities) for the 

three eligible projects may submit 

applications for grants to fund such 

projects. The three eligible projects are 

the Pittsburgh project, the BaltimoreWashington project, and the AtlantaChattanooga project. Funds awarded 

under this section can be used for 

preconstruction planning activities and 

capital costs of the fixed guideway 

infrastructure of a maglev project. This 

Notice of Funding Availability does not 

apply to the $45 million appropriated 

specifically for the Nevada Department 

of Transportation to fund the existing 

proposed maglev project between Las 

Vegas and Primm, Nevada (see section 

102 of the SAFETEA–LU Technical 

Corrections Act of 2008, Pub. L. 110– 

244 (June 6, 2008)). 

DATES: To be considered, applications 

must be received by February 13, 2009. 

FRA will begin accepting grant 

applications on Monday, October 20, 

2008. 

ADDRESSES: Applications must be 

submitted electronically to http:// 

www.grants.gov (‘‘Grants.Gov’’). 

Grants.Gov allows organizations 

electronically to find and apply for 

competitive grant opportunities from all 

Federal grant-making agencies. An 

eligible applicant wishing to submit an 

application pursuant to this notice 

should immediately initiate the process 

of registering with Grants.Gov at 

http://www.grants.gov. To confirm 

successful registration on Grants.Gov 

send an e-mail to paxrail@dot.gov. 

For application materials that an 

applicant is unable to submit via 

Grants.Gov (such as oversized 

engineering drawings), applicants may 

submit an original and two (2) copies to 

the Federal Railroad Administration at