Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26917 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued on: May 7, 2009. 

Marilena Amoni, 

Associate Administrator, National Center for 

Statistics and Analysis, National Highway 

Traffic Safety Administration, U.S. 

Department of Transportation, 1200 New 

Jersey Avenue, SE., Washington, DC 20590. 

[FR Doc. E9–13076 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0106] 

Petition for Declaratory Order by 

Fullington Trailways, LLC 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of petition for 

declaratory order; request for comments. 

SUMMARY: FMCSA invites all interested 

persons to comment on a petition 

submitted by Fullington Trailways, LLC 

(Fullington) for a declaratory order 

requesting that FMCSA find that certain 

regularly scheduled passenger bus 

service provided by Fullington is in 

interstate commerce and not subject to 

the jurisdiction of the Pennsylvania 

Public Utilities Commission. 

DATES: Initial comments are due on or 

before August 3, 2009. In order to allow 

adequate time and notice for 

commenters to prepare reply comments, 

initial comments received after the 

deadline will not be considered. 

Reply comments are due on or before 

September 2, 2009. The Agency will 

only consider reply comments 

responding directly to issues raised in 

the initial round of comments. 

Commenters may not use reply 

comments to raise new issues. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2009–0106, by any of the 

following methods. Do not submit the 

same comments by more than one 

method. However, to allow effective 

public participation before the comment 

period deadline, the Agency encourages 

use of the FDMS Web site that is listed 

first. It will provide the most efficient 

and timely method of receiving and 

processing your comments. 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations (M– 

30), Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Courier or in person: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number for this regulatory action. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. Refer to 

the Privacy Act heading on http:// 

www.regulations.gov for further 

information. 

Public Participation: The FDMS is 

available 24 hours each day, 365 days 

each year. You can find electronic 

submission and retrieval help and 

guidelines under the ‘‘help’’ section of 

the Web site. For confirmation that 

FMCSA received your comments, please 

include a self-addressed, stamped 

envelope or postcard, or print the 

acknowledgement page that appears 

after submitting comments on-line. 

Copies or abstracts of all documents 

referenced in this notice are in the 

Docket No. FMCSA–2009–0106. To read 

background documents or comments 

received in the docket, go to http:// 

www.regulations.gov at any time, or 

visit Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. All 

comments received before the close of 

business on the comment closing dates 

indicated above will be considered and 

will be available for examination in the 

docket at the above address. Initial 

comments received after the initial 

comment closing date will not be 

considered. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve D. Sapir, (202) 366–7056, 

Office of the Chief Counsel (MC–CCR), 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: Fullington 

Trailways, LLC currently provides 

passenger bus service along various 

routes in Pennsylvania. Along two such 

routes, Lewistown to Harrisburg and 

State College to Harrisburg, Fullington 

held intrastate authority from the 

Pennsylvania Public Utilities 

Commission (PPUC) and then 

subsequently obtained interstate 

authority along these same routes from 

the FMCSA. Fullington seeks to 

discontinue early morning service on 

the State College/Harrisburg route and 

raise rates for early morning service on 

the Lewistown/Harrisburg route. A 

regular passenger on Fullington’s routes 

filed a complaint with the PPUC 

opposing these changes. 

The PPUC concluded that, to the 

extent the State College/Harrisburg and 

Lewistown/Harrisburg routes were 

properly characterized as operations in 

interstate commerce under Federal law, 

it did not have jurisdiction over the 

complaint. However, the PPUC further 

concluded that it lacked jurisdiction to 

make this determination and that 

FMCSA had primary jurisdiction to 

determine whether the routes at issue 

were in fact interstate. 

The PPUC instructed Fullington to 

seek a determination from FMCSA on 

the following three issues with respect 

to its State College/Harrisburg and 

Lewistown/Harrisburg routes: (1) 

Whether its operations are within the 

scope of its Federal operating authority; 

(2) whether PPUC regulation as to rates 

and schedules is preempted; and (3) 

whether Fullington’s operations qualify 

as a ‘‘special operation’’ or ‘‘intrastate 

commuter bus operation’’ under 49 

U.S.C. 13902. 

On September 17, 2008, Fullington 

submitted a Petition for Declaratory 

Order to FMCSA seeking a 

determination on these issues. This 

Petition is available for review in the 

docket for this proceeding. Before 

making its determination on the matters 

raised in the Petition, the Agency 

invites public comment on these issues. 

Issued on May 28, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–13043 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement in 

Seattle, WA 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of intent. 

SUMMARY: The FHWA is issuing this 

Notice to advise the public, Tribes, and 

agencies that it intends to prepare a 

26918 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

Second Supplemental Draft 

Environmental Impact Statement 

(SSDEIS) for a proposed highway 

project to replace the Alaskan Way 

Viaduct (SR 99) in Seattle, King County, 

Washington. This Notice revises a 

Notice of Intent for the Alaskan Way 

Viaduct and Seawall Replacement 

Project, which was published on August 

3, 2005 (70 FR 44716). Furthermore, this 

Notice rescinds the Notice of Intent 

published on July 16, 2008 (73 FR 

40908). The 2008 Notice of Intent 

anticipated the preparation of an 

Environmental Impact Statement that 

would evaluate various transportation 

modes and systems between the south 

Seattle city limits and N. 85th Street and 

Elliott Bay and Lake Washington, in 

addition to replacing the Alaskan Way 

Viaduct and Seawall. Rather than 

pursuing this more broad, multi-agency 

proposal, this Notice re-establishes 

FHWA’s intent to continue the process 

begun with the publication of a Notice 

of Intent on June 22, 2001 (66 FR 

33602), as revised on September 26, 

2003 (68 FR 55712), and again in 2005. 

That process has resulted in the 

issuance of a Draft Environmental 

Impact Statement in March 2004, and a 

Supplemental Draft Environmental 

Impact Statement in July 2006. The 

planned SSDEIS will build on these 

earlier documents and the alternatives 

evaluated therein. However, there are 

some important changes to the earlier 

proposal. The major change is that this 

proposal will now consider one or more 

alternatives that no longer include the 

seawall along the Elliott Bay shoreline, 

known as the Alaskan Way Seawall. The 

Seawall was the subject of a Notice of 

Intent issued by the U.S. Army Corps of 

Engineers on March 31, 2006 (71 FR 

16293). The SSDEIS will also set forth 

a revised Purpose and Need for the 

proposed project, re-evaluate previous 

Viaduct replacement alternatives in 

light of the revised Purpose and Need, 

and introduce and evaluate at least one 

new build alternative—a bored tunnel. 

FOR FURTHER INFORMATION CONTACT: 

Randy Everett, Major Projects Oversight 

Manager, Federal Highway 

Administration, Jackson Federal 

Building, 915 2nd Avenue, Room 3142, 

Seattle, WA 98174; telephone: (206) 

220–7538; and e-mail: 

Randolph.Everett@dot.gov. The FHWA 

Washington Division’s Oversight 

Manager’s regular office hours are 

between 8 a.m. and 4:30 p.m. (Pacific 

Time). 

SUPPLEMENTARY INFORMATION: FHWA, 

Washington State Department of 

Transportation (WSDOT), and the City 

of Seattle (City) will prepare a SSDEIS 

to document the environmental 

consequences of alternatives for the 

proposed replacement of the Alaskan 

Way Viaduct located in downtown 

Seattle, King County, Washington. The 

intent of the proposed project is to 

improve public safety by replacing the 

existing Alaskan Way Viaduct with a 

transportation facility with improved 

earthquake resistance that provides for 

the efficient movement of people and 

goods through downtown Seattle. The 

Alaskan Way Viaduct is at the end of its 

useful life and must be replaced to 

protect public safety. Mobility through 

downtown Seattle is vital to 

maintaining local, regional, and 

statewide economic health. 

In March 2004 a draft EIS was 

published evaluating five build 

alternatives; rebuild, aerial, cut and 

cover tunnel, bypass tunnel, and surface 

(http://www.wsdot.wa.gov/Projects/ 

Viaduct/libraryenvironmental.htm#deis). A 

supplemental draft EIS was published 

in July 2006 extending the project north 

of Battery Street Tunnel (http:// 

www.wsdot.wa.gov/Projects/Viaduct/

library-environmental.htm#sdeis). This 

document reduced the number of 

alternatives from five to two, a cut-andcover tunnel and an elevated structure, 

based on information presented in the 

Draft EIS, public comments, and further 

study and design, and also evaluated 

different approaches to construction and 

their likely impacts. 

In an advisory ballot measure in 

March 2007, Seattle voters rejected both 

a cut-and-cover tunnel and an elevated 

structure. The vote caused the agencies 

to reassess the problem of replacing the 

aging Viaduct, and in doing so, they 

hoped they would find a solution that 

had not yet emerged. Therefore, 

WSDOT, the City and King County 

Department of Transportation with 

support from FHWA took a fresh look at 

the transportation systems surrounding 

the Viaduct, and considered whether a 

systems-level solution could be found. 

Concurrently, FHWA determined the 

portion of the Viaduct south of King 

Street was an independent project. A 

Finding of No Significant Impact for 

improvements to this portion of SR 99 

was published in February 2009. (http:// 

www.wsdot.wa.gov/Projects/Viaduct/ 

library-environmental.htm) 

As part of the reassessment, the 

agencies considered improvements to 

SR 99, Interstate 5, Seattle streets, 

transit service, and transportation 

demand and systems management 

programs. An advisory group of 

stakeholders representing a wide range 

of interests was formed to provide input 

to the agencies. Public meetings were 

also held periodically throughout the 

reassessment process. During the 

reassessment process a bored tunnel 

emerged as an alternative that merited 

further consideration. 

This SSDEIS will focus on evaluating 

the bored tunnel alternative. In 

addition, other alternatives that emerged 

during the reassessment process will be 

reviewed. Further, the Purpose and 

Need for the project will be revised 

based on comments received on the 

previous environmental documents, and 

the issues that emerged during the 

reassessment process—providing 

through capacity for vehicles, avoiding 

extensive construction impacts, and 

reconnecting the waterfront with the 

downtown. In light of the revised 

Purpose and Need, previous alternatives 

considered will be re-evaluated. Finally, 

the southern terminus will be revised to 

connect to the Holgate to King Street 

project, which has completed its 

separate, independent environmental 

review, and is under construction. 

DATES: Scoping meetings will be held on 

June 8, 2009, at Seattle City Hall, Bertha 

Knight Landes Room, 600 Fourth 

Avenue, Seattle, WA, from 5 to 7 p.m.; 

June 10, 2009, at Madison Middle 

School, 3429 45th Ave., SW., Seattle, 

WA from 6 to 8 p.m.; and June 11, 2009, 

at Leif Erikson Hall, 2245 NW. 57th St., 

Seattle, WA from 6 to 8 p.m. FHWA 

invites agencies, Tribes, and the public 

to comment on the process that has been 

conducted up to now, the revised 

Purpose and Need, the bored tunnel 

alternative, and any potentially 

reasonable alternatives not previously 

considered to replace the aging Viaduct 

structure. 

In lieu of, or in addition to, providing 

comments at any of the scoping 

meetings, comments and questions 

concerning this action and the SSDEIS 

may be submitted to FHWA at the 

address provided above or provided via 

e-mail to SDEIS2scopingcomments

@wsdot.wa.gov. FHWA requests that 

written comments be received by July 

10, 2009. 

Authority: 23 U.S.C. 771. 

(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.) 

Randy Everett, 

Major Projects Oversight Manager. 

[FR Doc. E9–12988 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–RY–P