FR Vol 77, No. 16 - 30 day notice

FR 30 day 2012-1372.pdf

Railroad Rehabilitation and Improvement Financing Program

FR Vol 77, No. 16 - 30 day notice

OMB: 2130-0548

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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices
extract mineable coal reserves between
the towns of Delbarton and Belo, Mingo
County, West Virginia. A joint
development initiative would
incorporate the approved highway
project into the post-mining land use
plan of CONSOL’s proposed Buffalo
Mountain Surface Mine, and it would
allow future highway construction to
occur on land disturbed by a surface
mine operation. In addition, the
opportunity to combine the adjacent
King Coal Highway and the Buffalo
Mountain Surface Mine project areas
would limit the resource impacts from
each project to one location as well as
minimize highway construction costs.
The joint development initiative
requires the portion of the King Coal
Highway Corridor between Delbarton
and Belo to be shifted eastward beyond
the previously approved corridor
alignment, and requires the WVDOH
and FHWA to re-evaluate the June 2000
King Coal Highway EIS.
The SEIS will review information
from the King Coal Highway FEIS/ROD,
incorporate new information, update the
impacts analysis, and assess impacts not
previously evaluated in the FEIS/ROD.
To streamline federal processes, the
SEIS will also include the USACE’s
NEPA evaluation of DA permit
application LRH–2008–491–TUG.
2. Alternatives—Alternatives
available to FHWA for the proposed
project are the no-build alternative,
highway construction on new alignment
within the Original King Coal Highway
Corridor (i.e., the selected alternative
from the 2000 ROD), or a joint
development initiative (i.e.,
construction of a new highway
alignment within the Buffalo Mountain
Surface Mine).
Alternatives available to the USACE
for the proposed project are issue the
permit, issue the permit with special
conditions, or deny the permit.
3. Scoping and Review Process
–Throughout the course of the project,
scoping and public involvement efforts
for the original King Coal Highway
Project have included: (1) A formal
scoping meeting on September 16, 1999;
(2) agency resource meetings for the
King Coal Highway Project on October
13, 1995, and January 29, 1997; and, (3)
public information workshops/public
hearings on November 9, 1992,
November 10, 1992, November 17, 1992,
November 24, 1992, May 18, 1998, May
20, 1998, May 27, 1998, February 28,
2000, February 29, 2000, March 2, 2000,
March 13, 2000, March 14, 2000, and
March 16, 2000.
There have also been several public
outreach activities associated with the
Buffalo Mountain Surface Mine. These

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include multiple meetings with the
Pigeon Creek Watershed Association
between January 2007 and April 2008,
a meeting with officials from the Town
of Delbarton in October 2008, and
agency coordination meetings with the
USACE, U.S. Environmental Protection
Agency (USEPA), FHWA, and West
Virginia Department of Environmental
Protection (WVDEP) between June 2008
and February 2010. In addition,
information on the joint development
initiative was presented at public
meetings on December 11, 2008, and
November 17, 2011.
Agency and public scoping meetings
will be held during the development of
the SEIS. The public scoping meeting
will be announced a minimum of 15
days in advance of the meeting. The
WVDOH will provide information for
the public meeting, including date, time
and location, on their Web site and by
newspaper advertisement. The USACE
will issuance the public meeting
information via Public Notice.
4. Significant Issues—Based on
preliminary information, the issues to
be analyzed in the SEIS are likely to
include, but are not limited to, the
effects to surface water and groundwater
resources, including aquatic habitat,
water quantity and quality; wetlands;
effects on the immediate and adjacent
property owners and nearby
communities; downstream hydraulics
and hydrology; geologic resources;
vegetation and forestland; fish and
wildlife; threatened and endangered
species; socioeconomics; land use;
transportation impacts; and cumulative
and secondary effects.
5. Additional Review and
Consultation—The SEIS will comply
with other Federal and State
requirements including, but not limited
to, the Safe, Accountable, Flexible,
Efficient Transportation Act: A Legacy
for Users (SAFETEA–LU); State water
quality certification under Section 401
of the CWA; protection of water quality
under the West Virginia/National
Pollutant Discharge Elimination System;
protection of air quality under the West
Virginia Air Pollution Control Act;
protection of endangered and threatened
species under Section 7 of the
Endangered Species Act; and protection
of cultural resources under Section 106
of the National Historic Preservation
Act.
6. Availability of the Draft SEIS—A
Draft SEIS will be available for public
review and comment. Individuals
interested in obtaining a copy of the
Draft SEIS for review should contact
either the FHWA or USACE. Comments
will also be accepted through the

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WVDOH Web site at the URL provided
above.
Authority: 23 U.S.C. 315; 49 CFR 1.48; 33
CFR Part 325.
(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.)
Issued on: January 18, 2012.
Thomas J. Smith,
Division Administrator, Federal Highway
Administration, Charleston, West Virginia.
Robert D. Peterson,
Colonel, Corps of Engineers, Commanding.
[FR Doc. 2012–1495 Filed 1–24–12; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2011–001–N–16]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the nature of the
information collections and their
expected burdens. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collections of information was
published on November 16, 2011 (76 FR
221).
DATES: Comments must be submitted on
or before February 24, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Janet Wylie, Office of Planning and
Administration, RPD–3, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 20,
Washington, DC 20590 (telephone: (202)
493–6353), or Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.).
SUMMARY:

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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices

The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On November 16,
2011, FRA published a 60-day notice in
the Federal Register soliciting
comments on an ICR that the agency
was seeking OMB approval. 76 FR 221.
FRA received no comments after issuing
this 60-day notice. Accordingly, DOT
announces that these information
collection activities have been reevaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR
1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the
30-day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The revised requirements are
being submitted for clearance by OMB
as required by the PRA.
Title: Railroad Rehabilitation and
Improvement Financing Program.
OMB Control Number: 2130–0548.
Type of Request: Revision of a
currently approved collection.
Affected Public: State and local
governments, government sponsored
authorities and corporations, railroads,
and joint ventures that include at least
one railroad.
Abstract: Title V of the Railroad
Revitalization and Regulatory Reform
Act of 1976 (Act), 45 U.S.C. 821 et seq.,
authorized the Federal Railroad
Administration (FRA) to provide
railroads financial assistance through
the purchase of preference shares, and

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SUPPLEMENTARY INFORMATION:

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the issuance of loan guarantees. This
program is referred to as the Railroad
Rehabilitation and Improvement
Financing (‘‘RRIF Program’’). Under the
RRIF program, direct loans and loan
guarantees may be provided to State and
local governments, certain interstate
compacts, government sponsored
authorities and corporations, railroads,
joint ventures that include at least one
railroad, and solely for the purpose of
constructing a rail connection between
a plant or facility and a second rail
carrier, limited option rail freight
shippers that own or operate a plant or
other facility that is served by no more
than a single railroad.
Form Number(s): FRA F–216, RRIF
Program Loan Application and FRA F–
217, Categorical Exclusion Worksheet.
Annual Estimated Burden Hours:
29,539.4 hours.
Addressee: Send comments regarding
this information collection to the Office
of Information and Regulatory Affairs,
Office of Management and Budget, 725
Seventeenth Street NW., Washington,
DC 20503, Attention: FRA Desk Officer.
Alternatively, comments may be sent
via email to the Office of Information
and Regulatory Affairs (OIRA), Office of
Management and Budget, at the
following address:
oira_submissions@omb.eop.gov.
Comments are invited on the
following: Whether the proposed
collections of information are necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility; the accuracy of the
Department’s estimates of the burden of
the proposed information collections;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collections of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC, on January 18,
2012.
Rebecca Pennington,
Director, Office of Financial Management,
Federal Railroad Administration.
[FR Doc. 2012–1372 Filed 1–24–12; 8:45 am]
BILLING CODE 4910–06–P

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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2010–0009]

Notice of Availability of Proposed New
Starts/Small Starts Policy Guidance
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of availability; request
for comments.
AGENCY:

This notice announces the
availability of the Federal Transit
Administration’s (FTA) Proposed Policy
Guidance on New Starts/Small Starts
and requests your comments on it. This
document compliments the Notice of
Proposed Rulemaking for Major Capital
Investment Projects by describing the
detailed measures proposed for
evaluation of projects seeking New
Starts and Small Starts funding and the
way these measures would be used in
project ratings if adopted. The proposed
regulations and appendix are intended
to act as a framework for the project
evaluation and rating process, and the
proposed policy guidance fills in the
details.

SUMMARY:

Comments must be received on
or before March 26, 2012. Late filed
comments will be considered to the
extent practicable.
ADDRESSES: Comments: You may submit
comments identified by docket number
(FTA–2010–0009) by any of the
following methods:
Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
online instructions for submitting
comments.
U.S. Mail: U.S. Department of
Transportation, Docket Operations,
West Building, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
Hand Delivery: U.S. Department of
Transportation, Docket Operations,
West Building, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Fax: (202) 493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and the docket number
(FTA–2010–0009) or the Regulatory
Identification Number (2132–AB02) for
this rulemaking at the beginning of your
comments. All comments received will
be posted, without change and
including any personal information
provided, to http://www.regulations.gov,
where they will be available to internet
users. Please see, the Privacy Act.
DATES:

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