Notices. Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies

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BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California 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* : the proposed State Route 46 highway project, in the City of Wasco between Kilo Posts 74.03/82.43 (Post Miles 46.00/51.22) in Kern County, State of California; and, the proposed Westside Parkway Project between Heath Road and SR-99 in Bakersfield, Kern County, State of California.

Those actions grant approvals for the two proposed projects. 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 January 30, 2008. 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: Mayela Sosa, Project Development Team Leader, Federal Highway Administration, 650 Capitol Mall, Suite 4-100, Sacramento, CA 95814; weekdays 7 a.m. to 4 p.m.(Pacific time); telephone

(916)498-5057; e-mail: *mayela.sosa@fhwa.dot.gov* . Juergen Vespermann, Senior Environmental Planner, California Department of Transportation (Caltrans), 2015 E. Shields Avenue #100, Fresno, CA 93726; weekdays 7 a.m. to 4 p.m. (Pacific time); telephone

(559)243-8157; e-mail: *juergen_vespermann@dot.ca.gov* . SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing approvals for the following highway projects in the State of California. It is proposed to widen State Route 46 from a two-lane conventional highway to a four-lane conventional highway, four-lane expressway, or combination of the two between the Jumper Avenue alignment (along the west side of the Wasco State Prison) and “J” Street (State Route 43-North), from kilometer posts 74.03 to 82.43 (post mile 46.00 to 51.22), in the City of Wasco in Kern County, California. Additionally, the Westside Parkway facility is proposed as an 8.1-mile-long eight-lane freeway from approximately Heath Road to a point near SR-99 at Truxtun Avenue in the City of Bakersfield and an unincorporated portion of Kern County. The project would cross a number of existing features such as other roadways, canals, and the Kern River. The project also includes the extension of Mohawk Street south from Rosedale Highway, across the Kern River, to Truxtun Avenue. In addition to connecting to Stockdale Highway and Truxtun Avenue, interchanges would be provided at Allen Road, Calloway Drive, Coffee Road, and Mohawk Street. Grade-separations would be constructed at Jewetta Avenue and Renfro Road to carry local roadways over the Westside Parkway. The actions by the Federal agencies and the laws under which such actions were taken on the proposed State Route 46 project are described in the Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) for the project, approved on November 14, 2006 and in other documents in the FHWA administrative record. For the Westside Parkway facility, the actions by the Federal agencies, and the laws under which such actions were taken, are described in the Tier 2 Environmental Assessment/Final Environmental Impact Report (EA/FEIR) with Finding of No Significant Impact (FONSI) for the project, approved on January 9, 2007 and in other documents in the FHWA administrative record. The EAs/FONSIs and other documents are available by contacting FHWA or Caltrans 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]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. *Air:* Clean Air Act [42 U.S.C. 7401-7671(q)]. 3. *Land:* Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. *Wetlands and Water Resources:* Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 133(b)(11)]. 5. *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)]; and Migratory Bird Treaty Act [16 U.S.C. 703-712]. 6. *Historic and Cultural Resources:* Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) *et seq.* ]; Archaeological and Historic Preservation Act [16 U.S.C. 469-469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470 *et seq.* ]; and Native American Graves Protection and Repatriation Act [25 U.S.C. 3001-3013]. 7. *Social and Economic:* Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; and The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 8. *Hazardous Materials:* Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund Amendments and Reauthorization Act of 1986; and Resource Conservation and Recovery Act [42 U.S.C. 6901-6992(k)]. 9. *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 the Cultural Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; and 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. 139( *l* )(1). Issued on: July 26, 2007. Maiser Khaled, Director, Project Development and Environment, Sacramento, California. [FR Doc. E7-15098 Filed 8-2-07; 8:45 am] BILLING CODE 4910-RY-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration

(FRA)received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner's arguments in favor of relief. Capital Metropolitan Transportation Authority [Docket Number FRA-2006-25040] Capital Metropolitan Transportation Authority (CMTA), located in Austin, TX, seeks a Conditional Test Waiver of compliance from certain parts of Title 49 of the CFR as part of its ongoing efforts to test and eventually commission new non-FRA compliant diesel multiple units for its start-up commuter rail service linking the City of Leander with downtown Austin, TX. CMTA is seeking a permanent waiver of compliance from the provisions of 49 CFR Part 219, *Drug and Alcohol;* Part 221, *Rear End Marking Devices;* Part 223, *Safety Glazing Standards;* Part 225, *Accident and Incident Reporting;* Part 229, *Railroad Locomotive Safety Standards;* Part 231, *Railroad Safety Appliance Standards;* Part 238, *Passenger Equipment Safety Standards;* Part 239, *Passenger Train Emergency Preparedness;* and Part 240, *Qualification and Certification of Locomotive Engineers.* In order to begin revenue operation in the fall of 2008, CMTA would like this Conditional Test Waiver in order to meet the system commissioning and testing requirements of the Texas Department of Transportation (TxDOT) System Safety and Security Certification process. Lastly, CMTA posits this Conditional Test Waiver is needed to successfully complete system integration, vehicle acceptance, training, and equipment familiarization. The testing will be conducted consistent with the operating principles of temporal separation set forth in the original petition for permanent waiver. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communication concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA-2006-25040) and must be submitted to the Docket Clerk, DOT Docket Management Facility, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. Communications received within 30 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov.* Issued in Washington, DC on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15157 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration

(KCS)seeks a waiver of compliance from certain requirements of 49 CFR Part 232, *Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment: End-of Train Devices;* and 49 CFR Part 215, *Railroad Freight Car Safety Standards,* for freight cars received in interchange at Laredo, Texas (International Bridge), from Kansas City Southern de Mexico (KCSM). Specifically, KCS seeks a waiver to postpone performing pre-departure inspections and Class I brake tests until the trains move from the border crossing to KCS's Laredo Yard (a distance of approximately 9 miles). According to the petitioner, all required inspections will be performed at the rail yard rather than at the International Bridge interchange point. KCS proposes to inspect all cars received in interchange from KCSM and perform all regulatory brake tests at Laredo Yard prior to the train's further movement in the United States. Before departing the International Bridge border crossing, KCS will perform a Class III brake test-trainline continuity inspection in accordance with 49 CFR 232.211 and at a minimum, inspect the lead locomotive to verify that the headlight, horn, and bell function correctly. The current KCS timetable identifies the method of operation over this portion of railroad (Milepost 0.1 to Milepost 10.0) as “Yard Limits,” therefore, train movement will be made at “restricted speed” as required by rule. KCS will also ensure compliance with rear-end marking device regulations. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA in writing before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (FRA-2007-28700), and must be submitted to Docket Clerk, DOT Docket Management Facility, 1200 New Jersey Ave., SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov.* 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 (Volume 65, Number 70; Pages 19477-78). The Statement may also be found at * http://dms.dot.gov.* Issued in Washington, DC on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15150 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance. In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration

(FRA)has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner's arguments in favor of relief. Maryland Transit Administration [Modification to Waiver Petition Docket Number FRA-2000-7054/7286] This Notice supersedes the **Federal Register** Notice published July 5, 2007, (Volume 72, Number 128; Pages 36752-53) concerning the above Docket Number, which included an erroneous statement. As a modification to Maryland Transit Administration's

(MTA)existing Shared Use/Temporal Separation waiver originally granted by FRA on January 19, 2001, MTA requests that FRA modify the original terms and conditions of its permanent waiver of compliance from certain sections of Title 49 of the CFR for operation of its Cockeysville Light Rail Line

(CLRL)due to changes that have recently occurred. (See Statement of Agency Policy Concerning Jurisdiction Over the Safety of Railroad Passenger Operations and Waivers Related to Shared Use of the Tracks of the General Railroad System by Light Rail and Conventional Equipment, 65 FR 42529 (July 10, 2000). See also Joint Statement of Agency Policy Concerning Shared Use of the Tracks of the General Railroad System by Conventional Railroads and Light Rail Transit Systems, 65 FR 42626 (July 10, 2000).) In this regard, the Norfolk Southern Railway Company (NS), the freight railroad sharing track temporally with the CLRL, is ceasing freight service on the CLRL from a point at Chain Marker 122 continuing northward to the end of the line. The sole exception to this is at Chain Marker 122, where NS continues to cross the CLRL via a diamond crossover to service the NS Flexi-Flo facility. With regard to this, NS filed a Petition for Exemption for authority to abandon the freight service on the CLRL (See Surface Transportation Board

(STB)Docket No. AB-290, Sub No. 237X, Norfolk Southern Ry. Co.—Abandonment Exemption—In Baltimore Co., MD). Because of procedural questions raised during the proceeding, the STB denied the Petition for Exemption. MTA has commenced a proceeding with the STB to address and clarify those questions. Upon receipt of that clarification, NS will resubmit its Petition for Exemption with respect to the abandonment. In the interim, no freight service is operating on the line. MTA is requesting that FRA determine that there is no longer shared use on the CLRL and that waivers are no longer necessary because the statutes and regulations covered in the Shared Use Policy Statement no longer apply to the CLRL north of Chain Marker 122, due to the cessation of NS freight service on the CLRL from that point. Also, MTA agrees that the waivers that were approved in the January 19, 2001, Decision Letter are relevant at the diamond crossing, and that they should remain in effect. In addition, Standard Operating Procedure LR.07.02.04 that replaced MTA Procedure No. 6.33, provides sufficient protection at the interlocked diamond crossover. Lastly, MTA requests that, to the extent FRA regulations apply in any manner, FRA waive the requirements of 49 CFR Part 219, Control of Alcohol and Drug Abuse, for MTA employees who control the operation of NS trains across the diamond because it is adopting the FTA's Drug and Alcohol Policy, which provides an equivalent level of oversight. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA in writing before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number 2000-7054/7286) and must be submitted to the Docket Clerk, DOT Docket Management Facility, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov* . 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 (Volume 65, Number 70; Pages 19477-78). The Statement may also be found at *http://dms.dot.gov* . Issued in Washington, DC on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15140 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration

(MTA)seeks a permanent waiver of compliance from certain provisions of the *Passenger Equipment Safety Standards* of 49 CFR part 238, regarding the required periodic tests of locomotive brake equipment. This waiver is being requested for MTA's Maryland Area Rail Commuter

(MARC)trains. Specifically, MARC requests that the electronic brake equipment used on their six HHP-8 electric locomotives be subject to the same provisions that are outlined in a waiver (FRA-2000-7367) that was granted to the National Railroad Passenger Corporation (Amtrak) for their KE-3.9 brake equipment (Computer Controlled Brake-brake equipment variant). This waiver extended the time requirements for the cleaning, repairing, and testing of brake components listed in section 238.309(c)(2) to a period not to exceed 5 years or 1,840 days. MARC claims that the electronic brake equipment used on their HHP-8 locomotives is similar to the brake equipment installed on the Amtrak HHP-8 locomotives that have benefitted from a waiver similar to the one mentioned above for the past 5 years. The six MARC locomotives for which the current waiver is being requested are operated and maintained by Amtrak. All tests and inspections of these locomotives are performed by Amtrak employees in Amtrak facilities. The MARC HHP-8 locomotives are equipped with an air quality (dryers and filters) system that meets current industry standards. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA in writing before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA-2007-28611) and must be submitted in triplicate to the Docket Clerk, DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., Room W12-140, Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov.* Issued in Washington, DC, on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15148 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration

(UP)seeks a waiver of compliance from certain requirements of 49 CFR Part 232, *Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment, End-of-Train Devices* ; and from 49 CFR Part 215, *Railroad Freight Car Safety Standards* . Specifically, UP seeks relief to permit trains received at the U.S./Mexico border at Laredo, Texas, from the Kansas City Southern de Mexico Railway to move from the interchange point without performing the regulatory tests and inspections specified in Part 215 and section 232.205(a)(1) at that location. UP proposes moving the trains from the border at Milepost 412.5 on the Laredo subdivision to the UP yard at Port Laredo, Texas (a distance of 11.6 miles), where FRA-required inspections will be performed. According to UP, they have been operating in this fashion since October 1996, under the authority of a letter from the Director of FRA's Office of Safety Assurance and Compliance. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA in writing before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (e.g., Waiver Petition Docket Number FRA-2007-28339) and must be submitted in triplicate to the Docket Clerk, DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., Room W12-140, Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at DOT Central Docket Management Facility, 1200 New Jersey Avenue, SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov* . 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 (Volume 65, Number 70; Pages 19477-78). The Statement may also be found at *http://dms.dot.gov* . Issued in Washington, DC, on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15144 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations

(CFR)Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration

(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR part 236, as detailed below. [Docket Number FRA-2007-28699] Applicant: Canadian National-Illinois Central Railroad, Mr. Mark Ryon, Manager, Signals & Communication, 102 Commerce Park Drive, Jackson, Mississippi 39217. The Canadian National-Illinois Central Railroad

(CN)seeks approval of the proposed discontinuance and removal of the automatic block signal

(ABS)system on the Central Division, Memphis Subdivision (Milepost 394.7 to 397.5), and on the Grenada Subdivision (Milepost 397.5 to 398.2) in and around Memphis, Tennessee. The reason given for the proposed changes is that the ABS is no longer necessary. The signal system is now located wholly within the Memphis Terminal Yard Limits, where all movement must be coordinated with the person in charge of the yard at Memphis, Tennessee. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. All communications concerning this proceeding should be identified by Docket Number FRA-2007-28699 and may be submitted by one of the following methods: • *Web site:* *http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic site; • *Fax:* 202-493-2251; • *Mail:* Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; or • *Hand Delivery:* Room W12-140 of the U.S. Department of Transportation, West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov.* FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78), or you may visit *http://dms.dot.gov.* Issued in Washington, DC, on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15151 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations

(CFR)Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration

(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236, as detailed below. [Docket Number FRA-2007-28575] Applicant: CSX Transportation, Incorporated, Mr. C.M. King, Chief Engineer, Communications and Signals, 500 Water Street, SC J-350, Jacksonville, Florida 32202. CSX Transportation, Incorporated

(CSX)seeks approval of the proposed modification of an interlocking, discontinuance and removal of traffic control system signals, and the conversion of power-operated switches to hand-throw operation, from Gladstone (Milepost CAB-119.2) to Clifton Forge, Virginia (Milepost CAB-229.4), on the Huntington Division, James River Subdivision. The #168L Signal on #1 Main Track will be discontinued and removed. The interlocking at Lynchburg (Milepost CAB-146.1) was originally configured of two tracks crossing one track at-grade and two turnouts; the crossings at-grade, along with the turnout off of #2 Main Track have been removed. The #165 power-operated switch off #1 Main Track will be converted to hand-throw operation, and the governing signals will be discontinued and removed. The #116L and #116R controlled signals at major Milepost CAB-167.3 will be discontinued and removed. The #109 power-operated switch off of #1 Main Track at Balcony Falls (Milepost CAB-175.0) will be converted to hand-throw operation, and the governing signals will be discontinued and removed. The #107 power-operated switch off of #1 Main Track at K Cabin (Milepost CAB-175.3) will be converted to hand-throw operation and the governing signals will be discontinued and removed. The #68R and #66L controlled signals at WAS Springwood (Milepost CAB-198.9) will be discontinued and removed. The #58L and #58R controlled signals at Lyle (Milepost CAB-202.3) will be discontinued and removed. The electric lock switch off of single main track at Milepost CAB-212.93 will be converted to a no clear location and the electric lock mechanism will be removed. Pole line elimination and the installation of a microprocessor-based signal system are the reasons given for the proposed changes. Furthermore, CSX contends that present-day operations do not warrant retaining the power-operated switches and controlled signals. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. All communications concerning this proceeding should be identified by Docket Number FRA-2007-28575 and may be submitted by one of the following methods: • *Web site: http://dms.dot.gov* . Follow the instructions for submitting comments on the DOT electronic site; • *Fax:* 202-493-2251; • *Mail:* Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; or • *Hand Delivery:* Room W12-140 of the U.S. Department of Transportation, West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov* . FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78), or you may visit *http://dms.dot.gov* . Issued in Washington, DC on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15133 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations

(CFR)Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration

(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236, as detailed below. [Docket Number FRA-2007-28574] Applicant: Union Pacific Railroad, Mr. Thomas T. Ogee, AVP Engineering Design, 1400 Douglas Street, Stop 0910, Omaha, Nebraska 68179. The Union Pacific Railroad Company

(UP)seeks approval of the proposed discontinuance and removal of the rail locks on the Mississippi River moveable bridge, located near Clinton, Iowa, on the UP Geneva Subdivision at Milepost 136.7. The installation of new self-aligning lift rails with solid operating linkage will eliminate the need for the rail locks. The reason given for the proposed changes is that the remaining appliances on the bridge will provide required protection. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. All communications concerning this proceeding should be identified by Docket Number FRA-2007-28574 and may be submitted by one of the following methods: • *Web site:* *http://dms.dot.gov* . Follow the instructions for submitting comments on the DOT electronic site; • *Fax:* 202-493-2251; • *Mail:* Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; or • *Hand Delivery:* Room W12-140 of the U.S. Department of Transportation, West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov* . FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov* . Issued in Washington, DC on July 30, 2007. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E7-15129 Filed 8-2-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Preparation of an Alternatives Analysis/Environmental Impact Statement for High-Capacity Transit Improvements in the Central Mesa Corridor AGENCY: Federal Transit Administration, U.S. Department of Transportation. ACTION: Notice of intent to prepare an Alternatives Analysis/Environmental Impact Statement. SUMMARY: The Federal Transit Administration

(FTA)and Valley Metro Rail, Inc. (METRO) intend to prepare an Alternatives Analysis

(AA)and Environmental Impact Statement

(EIS)on proposed high capacity transit improvements, including a potential light rail transit

(LRT)and/or bus rapid transit

(BRT)in the Central Mesa Corridor between the LRT Starter Line eastern terminus and Power Road (a distance of approximately 13 miles) in the City of Mesa in Maricopa County, Arizona. The proposed study area is bounded on the west by the LRT Starter Line eastern terminus at Main Street/Sycamore; University Boulevard to the north; Power Road to the east; and the Superstition Freeway (US 60) on the south. The AA/EIS will be prepared in accordance with the requirements of the National Environmental Policy Act

(NEPA)and its implementing regulations. The AA/EIS process will be initiated with a scoping process that provides opportunities for the public to comment on the scope of the project and proposed alternatives to be considered in the AA and Draft Environmental Impact Statement (DEIS). This input will be used to assist decisionmakers in determining a locally preferred alternative

(LPA)for the Central Mesa Corridor. Upon selection of an LPA, METRO will request permission from FTA to enter into preliminary engineering per requirements of New Starts regulations 49 CFR part 611. The Final Environmental Impact Statement

(FEIS)will be issued after FTA approves entrance into preliminary engineering. The purpose of this notice is to alert interested parties regarding the intent to prepare the AA/EIS, to provide information on the nature of the proposed project and possible alternatives, to invite public participation in the AA/EIS process, including comments on the scope of the alternatives proposed in this notice, to announce that public scoping meetings will be conducted, and to identify participating agency contacts. DATES: Written and e-mailed comments on the scope of study, including the alternatives to be considered, and the impacts to be assessed, should be sent to Valley Metro Rail, Inc. (METRO) on or before September 13, 2007. See ADDRESSES below for the street address and e-mail address to which written comments may be sent. Public scoping meetings to accept comments on the scope of the study will be held on the following dates: • Thursday, August 23, 2007, at 6 p.m., Mesa City Plaza, Training Room 170, 20 E. Main Street, Mesa, Arizona 85201. • Thursday, August 30, 2007, at 6 p.m., Jefferson Elementary School, Recreation Center, 120 S. Jefferson Avenue, Mesa, AZ 85208. An interagency scoping meeting will be held on the following date: • Tuesday, August 21, 2007, at 10 a.m., Valley Metro Rail, Inc. (METRO), 101 North 1st Avenue, Suite 1300, Phoenix, AZ 85003. The project's purpose and need and the initial set of alternatives proposed for study will be presented at these meetings. The buildings used for the scoping meetings are accessible to persons with disabilities. Any individual who requires special assistance, such as a sign language interpreter, to participate in a scoping meeting should contact Jodi Sorrell, City of Mesa, 600 SE. Sixth Street, Mesa, AZ 85211 (Telephone 480-644-5541) at least 48 hours in advance of a meeting in order for METRO and the City of Mesa to make the necessary arrangements. Scoping materials wil be available at the meetings and through the project's Web site at *http://www.metrolightrail.org/centralmesa.* Hard copies of the scoping materials are also available from Mr. Marc Soronson whose contact information is given in ADDRESSES below. ADDRESSES: Written comments should be sent to the attention of Mr. Marc Soronson, Valley Metro Rail, Inc., 101 North 1st Avenue, Suite 1300, Phoenix, AZ 85003. E-mail *centralmesa@metrolightrail.org.* Phone:

(602)744-5545, Fax:

(602)252-7453. The locations of the public scoping meetings are given above under DATES . FOR FURTHER INFORMATION CONTACT: Mr. Hymie Luden, Office of Planning and Program Development, Federal Transit Administration, 201 Mission Street, Room 1650, San Francisco, CA 94105. Phone:

(415)744-2732. SUPPLEMENTARY INFORMATION: Scoping The FTA and Valley Metro Rail, Inc. (METRO) invite all interested individuals and organizations, public agencies, and Native American Tribes to comment on the scope of the alternatives analysis and the EIS, including the project's preliminary statement of purpose and need, the alternatives to be studied and the impacts to be evaluated. Comments should focus on the purpose and need for the proposed project; alternatives that may be less costly or have less environmental or community impacts while achieving similar transportation objectives; and the identification of any significant social, economic, or environmental issues relating to the alternatives. Purpose and Need for the Project The draft statement of the project purpose is currently under review by METRO and the City of Mesa, and will be refined further. In its current state, the purpose is defined as follows: 1. Identify a transit alternative that increases efficient access to employment opportunities throughout the Central Phoenix/East Valley region for City of Mesa residents. 2. Identify a transit alternative that provides improved travel times in a congested environment over local bus. 3. Identify a transit improvement alternative, with a recommended alignment and technology, to connect the western and central segments of the City of Mesa with the Central Phoenix/East Valley Light Rail System currently under construction. 4. Identify a widely-supported transit improvement alternative that would facilitate continued development of a comprehensive and inter-connected regional transit network that is multi-modal, that offers a range of effective mobility choices for current and future transit riders, and that attracts new transit riders onto the growing regional system. 5. Identify a transit alternative that supports economic development, and ensures enhanced connectivity among existing and planned regional and local activity centers and attractions. Additional considerations supporting the project's need include: The City of Mesa, which spans approximately 132 square miles, is the third largest city in Arizona. Today's estimated population of 455,100 is expected to increase by approximately 25% by 2020. In general, travel on highways and arterials is expected to increase by approximately 30% between 2004 and 2030 within Maricopa County; peak period travel to work is expected to grow by about 40%; similar trends are anticipated for the City of Mesa. Growth in the City of Mesa has caused substantial increases in traffic congestion on the existing roadway network, and has generated the need for new public transportation service. Even with implementation of the projects included in the Maricopa Association of Governments

(MAG)Regional Transportation Plan (RTP), service levels in 2030 on both the area freeways and arterials is expected to deteriorate substantially due to increased travel demand, resulting in a significant increase in delay. Based on MAG model results, daily freeway congestion appears to be highest on the freeways in the general project vicinity in 2004 and 2030, in comparison to other areas, such as the downtown Phoenix area, Sky Harbor Airport vicinity, and downtown Tempe area. In 2030, daily congestion is expected on 93% of lane miles on arterials in the Mesa project corridor, a growth of 66% over current levels. The AA/EIS will analyze the potential for the proposed high capacity transit improvement to address increased demand for travel by connecting the project corridor with the LRT Starter Line eastern terminus at Main Street/Sycamore. Several major attractions are located in the City. In addition, other attractions of regional magnitude are in varying stages of development throughout the City. These will provide significant employment, commercial, entertainment and retail resources, and are expected to generate even greater demand for travel and access, both within the City limits and between the City and regionally significant areas west and northwest of the City, such as the City of Tempe, the Phoenix Central Business District (CBD)/Washington Corridor, and the Spectrum Mall vicinity. Alternatives *Central Phoenix/East Valley Light Rail LPA:* The 2002 Final EIS for the Central Phoenix/East Valley Light Rail Transit Project (the LRT Starter Line that is currently under construction and scheduled to open in December 2008) identified four LRT alignment options that were outside the Build Alternative project studied in that Final EIS. These options extended from the eastern terminus of the LRT Starter Line and continued into the Mesa Town Center. All options used either Main Street 1st Avenue, 1st Street, or some combination thereof. Recent growth in the vicinity of Mesa Drive has narrowed opportunities for adequate park-and-ride facilities in that area; therefore, it is suggested that park-and-ride facilities be located further east near Horne where a park-and-ride facility could be provided. *BRT Alternative:* The City of Mesa recently conducted a study to evaluate new and improved bus rapid transit

(BRT)in the study area. The study recommended a phased BRT project that would initially connect the eastern terminus of the LRT Starter Line to Superstition Springs Mall via Main Street and Power Road, a total of 13 miles. Phase 1 of the BRT project is scheduled to coincide with the opening of the LRT Starter Line in 2008. Future operating and service characteristics for the BRT project are subject to change pending the results of the AA/EIS and public and agency input. In addition, the 2002 Final EIS showed the LRT extension options to Mesa Town Center terminating just west of Mesa Drive. *Other AA Alternatives:* At a minimum, the alternatives to be considered include the following: • No-Build—implements a modified existing and committed road and transit improvements as defined by the Regional Transportation Plan and coordinated with the City of Mesa. The No-Build includes the Mesa BRT project on Main Street scheduled for operation in December 2008. • Transportation System Management (TSM)—includes reasonable cost-effective transit service improvements short of a major capital investment in fixed guideway. The TSM implements all of the projects in the No-Build Alternative. • Bus Rapid Transit—includes projects defined in the No-Build Alternative and programmed bus service expansion. BRT options under consideration extend at-grade from the LRT Starter Line to Superstition Springs Mall and include: • BRT via Main Street and Power Road. • BRT via Main Street, Mesa Drive, and Southern Avenue. • BRT via Main Street, Gilbert Road, and Southern Avenue). • BRT in the Mesa Town Center include: ○ Main Street through downtown Mesa. ○ Main Street to 1st Street Loop in downtown Mesa. ○ Main Street to 1st Street double fixed guideway in downtown Mesa. • Light Rail Transit—includes projects included in the No-Build Alternative plus consideration of a LRT extension from the CP/EV end of line station at Sycamore to the Mesa Town Center at Horne Avenue. LRT suboptions in the Mesa Town center include: ○ Main Street through downtown Mesa. ○ Main Street to 1st Street diversion in downtown Mesa. ○ Main Street to 1st Avenue diversion in downtown Mesa. ○ Main Street to 1st Street/1st Avenue couplet in downtown Mesa. ○ A supporting bus component would include BRT service connecting the LRT terminus at approximately Horne and would extend to Superstition Springs Mall. These alternatives will be developed further during preparation of the AA/EIS. Additional reasonable Build Alternatives suggested during the scoping process that meet the purpose and need for the project may also be considered. The EIS Process and the Role of Participating Agencies and the Public The purpose of the NEPA process is to explore, in a public setting, the effects of the proposed project and its alternatives on the physical, human, and natural environment. The FTA and METRO will evaluate all significant environmental, social and economic impacts of the construction and operation of the proposed project. Impact areas to be addressed include: Land use; development potential; secondary development; land acquisition and displacements and relocations; cultural resources (including impacts on historical and archaeological resources); parklands and recreation areas; visual and aesthetic qualities; air quality; noise and vibration; ecosystems (including threatened and endangered species); energy use; business and neighborhood disruptions; environmental justice; changes in traffic and pedestrian circulation and congestion; and changes in transit service and patronage. Measures to avoid, minimize, or mitigate any significant adverse impacts will be identified and evaluated. The methodology for evaluation of impacts will focus on the areas of investigation mentioned above. As the public involvement and agency consultation process proceeds, additional evaluation criteria and impact assessment measures will be included in the analysis. Potential alternatives will be developed to a conceptual level, and will be screened and ranked against these evaluation criteria and local community considerations. Travel time savings, potential for congestion reduction and improved mobility options for City of Mesa residents will be assessed for the transportation alternatives considered. The public involvement program and agency coordination plan discussed below will provide the vehicle through which these evaluation analyses will be conducted. The regulations implementing NEPA, as well as provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), call for public involvement in the EIS process. Section 6002 of SAFETEA-LU requires that FTA and METRO do the following:

(1)Extend an invitation to other Federal and non-Federal agencies and Indian tribes that may have an interest in the proposed project to become “participating agencies”;

(2)provide an opportunity for involvement by participating agencies and the public in helping to define the purpose and need for a proposed project, as well as the range of alternatives for consideration in the EIS; and

(3)establish a plan for coordinating public and agency participation in and comment on the environmental review process. An invitation to become a participating agency, with the scoping information packet appended, will be extended to other Federal and non-Federal agencies and Indian tribes that may have an interest in the proposed project. It is possible that we may not be able to identify all Federal and non-Federal agencies and Indian tribes that may have such an interest. Any Federal or non-Federal agency or Indian tribe interested in the proposed project that does not receive an invitation to become a participating agency should notify, at the earliest opportunity, the person identified above under ADDRESSES . A comprehensive Public Involvement Program will be developed, and a public and agency involvement Coordination Plan will be created. The Public Involvement Program will include a full range of involvement activities. Activities will include outreach to local and county officials and community and civic groups; a public scoping process to define the issues of concern among all parties interested in the project; organizing periodic meetings with various local agencies, organizations and committees; a public hearing on release of the Draft Environmental Impact Statement (DEIS); and development and distribution of project newsletters. There will be additional opportunities to participate in the scoping process in addition to the public meetings announced in this notice. Specific mechanisms for involvement will be detailed in the Public Involvement Program. Valley Metro Rail, Inc. (METRO) may seek New Starts funding for the proposed project under 49 U.S.C. 5309 and will therefore be subject to New Starts regulations (49 CFR part 611). The New Starts regulation requires a planning Alternatives Analysis that leads to the selection of a locally preferred alternative and the inclusion of the locally preferred alternative as part of the long-range transportation plan adopted by the Maricopa Association of Governments. The New Starts regulation also requires the submission of certain project-justification information in support of a request to initiate preliminary engineering, and this information is normally developed in conjunction with the NEPA process. Pertinent New Starts evaluation criteria will be included in the Final EIS. The AA/EIS will be prepared in accordance with the NEPA and its implementing regulations issued by the Council on Environmental Quality (40 CFR parts 1500-1508) and with the FTA/Federal Highway Administration regulations “Environmental Impact and Related Procedures” (23 CFR part 771). In accordance with 23 CFR 771.105(a) and 771.133, FTA will comply with all Federal environmental laws, regulations, and executive orders applicable to the proposed project during the environmental review process to the maximum extent practicable. These requirements include, but are not limited to, the environmental and public hearing provisions of Federal transit laws (49 U.S.C. 5301(e), 5323(b), and 5324), the project-level air quality conformity regulation of the U.S. Environmental Protection Agency

(EPA)(40 CFR part 93), the Section 404(b)(1) guidelines of EPA (40 CFR part 230), the regulation implementing section 106 of the National Historic Preservation Act (36 CFR part 800), the regulation implementing section 7 of the Endangered Species Act (50 CFR part 402), section 4(f) of the Department of Transportation Act (23 CFR 771.135), and Executive Orders 12898 on environmental justice, 11988 on floodplain management and 11990 on wetlands. Issued on: July 25, 2007. Leslie T. Rogers, Regional Administrator, FTA Region IX. [FR Doc. 07-3815 Filed 8-2-07; 8:45 am]

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