Rules and Regulations. 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 a Proposed U.S. Highway Project 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). These actions relate to a proposed highway project to construct a fourth bore for the Caldecott Tunnel on State Route 24 between kilo post 6.7 to 10.0 (post miles 5.3 to 6.2) in Alameda County and between kilo post 0.0 to 3.7 (post miles 0.0 to 1.3) in Contra Costa County, State of California.
These actions grant approvals for the project. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before February 25, 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: Cesar E. Perez, Project Development Engineer, Federal Highway Administration, 650 Capitol Mall, Suite 4-100, Sacramento, CA 95814, weekdays between 7 a.m. and 4 p.m., telephone 916-498-5065, *Cesar.Perez@fhwa.dot.gov* or Cristina Ferraz, Project Manager, California Department of Transportation, 111 Grand Avenue, Oakland, CA 94612, weekdays between 8 a.m. and 4:30 p.m.,
(510)286-5559, *Cristina_Ferraz@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 project in the State of California. The Caldecott Improvement Project would alleviate traffic congestion and delays and improve safety and operations on State Route 24 in Alameda and Contra Costa Counties, California. This would be accomplished by constructing a two-lane fourth bore along State Route 24 at the Caldecott Tunnel. The actions by the Federal agencies and the laws under which such actions were taken are described in the Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) for the project, approved on August 17, 2007 and in other documents in the FHWA administrative record. The EA/FONSI 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]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. *Land:* Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 219]. 3. *Air:* Clean Air Act 42 U.S.C. 7401-7671(q). 4. *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]. 5. Section 4(f) of the U.S. Department of Transportation Act of 1966 [49 U.S.C. 303]. 6. *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]. 7. *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. 8. *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). 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 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. 139(I)(1). Issued on: August 21, 2007. Maiser Khaled, Director, Project Development & Environment, Sacramento, California. [FR Doc. E7-17071 Filed 8-28-07; 8:45 am] BILLING CODE 4910-RY-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 456X)] BNSF Railway Company—Abandonment Exemption—in Riverside County, CA BNSF Railway Company
(BNSF)has filed a notice of exemption under 49 CFR 1152 Subpart F— *Exempt Abandonments* to abandon approximately 0.50 miles of rail line, extending between milepost ES 0 + 00 and milepost ES 26 + 35, in Riverside, Riverside County, CA. 1 The line traverses United States Postal Service Zip Code 92504. 1 BNSF indicates that a portion of the trackage for the proposed abandonment mistakenly was removed by a contractor for the city of Riverside (the city) and that, if the abandonment is not approved, the track will be restored by BNSF at the city's expense. BNSF has certified that:
(1)No local traffic has moved over the line for at least 2 years;
(2)there is no overhead traffic on the line to be rerouted;
(3)no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and
(4)the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance
(OFA)has been received, this exemption will be effective on September 28, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, 2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by September 10, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 18, 2007, with the Surface Transportation Board, 395 E. Street, SW., Washington, DC 20423-0001. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis
(SEA)in its independent investigation) cannot be made before the exemption's effective date. *See Exemption of Out-of-Service Rail Lines,* 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). A copy of any petition filed with the Board should be sent to BNSF's representative: Michael Smith, Freeborn & Peters, 311 S. Wacker Dr., Suite 3000, Chicago, IL 60606-6677. If the verified notice contains false or misleading information, the exemption is void *ab initio.* BNSF has filed both an environmental report and a historic report that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment
(EA)by August 31, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at
(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by BNSF's filing of a notice of consummation by August 29, 2008, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: August 22, 2007. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-16960 Filed 8-28-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0080] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Health Administration
(VHA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act
(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each revision of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to initiate and document expenditures, to claim reimbursement as well as make funeral arrangements and authorize burial benefits. DATES: Written comments and recommendations on the proposed collection of information should be received on or before October 29, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to Mary Stout, Veterans Health Administration (193E1), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or e-mail: *mary.stout@va.gov* . Please refer to “OMB Control No. 2900-0376” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System
(FDMS)at *www.Regulations.gov* . FOR FURTHER INFORMATION CONTACT: Mary Stout at
(202)461-5867. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Public Law 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VHA invites comments on:
(1)Whether the proposed collection of information is necessary for the proper performance of VHA's functions, including whether the information will have practical utility;
(2)the accuracy of VHA's estimate of the burden of the proposed collection of information;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Titles* : a. Claim for Payment of Cost of Unauthorized Medical Services, VA Form 10-583. b. Funeral Arrangements Form for Disposition of Remains of the Deceased, VA Form 10-2065. c. Authority and Invoice for Travel by Ambulance or Other Hired Vehicle, VA Form 10-2511. d. Authorization and Invoice for Medical and Hospital Services, VA Form 10-7078. e. Request for Payment of Beneficiary Travel after the Date of Service. *OMB Control Number:* 2900-0080. *Type of Review:* Revision of a currently approved collection. *Abstract* : a. VA Form 10-583 is used to request payment or reimbursement of the cost of unauthorized non-VA medical services. b. VA Form 10-2065 is completed by VA personnel during an interview with relatives of the deceased, and to identify the funeral home to which the remains are to be released. The form is also used as a control document when VA is requested to arrange for the transportation of the deceased from the place of death to the place of burial, and/or when burial is requested in a National Cemetery. c. VA Form 10-2511 is used to process payment for ambulance or other hired vehicular forms of transportation for eligible veterans to and from VA health care facilities for examination, treatment or care. d. VA uses VA Form 10-7078 to authorize expenditures from the medical care account and process payment of medical and hospital services provided by other than Federal health providers to VA beneficiaries. e. Claimants who request payment for beneficiary travel after the time of service may do so in writing or in person. *Affected Public:* Business or other for profit, Individuals or households, and Not for profit institutions. *Estimated Total Annual Burden:* 30,391 hours. a. VA Form 10-583—17,188. b. VA Form 10-2065—2,053. c. VA Form 10-2511—2,333. d. VA Form 10-7078—8,400. e. Request for Payment of Beneficiary Travel after the Date of Service—417. *Estimated Average Burden per Respondent:* a. VA Form 10-583—15 minutes. b. VA Form 10-2065—5 minutes. c. VA Form 10-2511—2 minutes d. VA Form 10-7078—2 minutes. e. Request for Payment of Beneficiary Travel after the Date of Service—1 minute. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 440,380. a. VA Form 10-583—68,750 respondents. b. VA Form 10-2065—24,630 respondents. c. VA Form 10-2511—70,000 respondents. d. VA Form 10-7078—252,000 respondents. e. Request for Payment of Beneficiary Travel after the Date of Service—25,000. Dated: August 16, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-17090 Filed 8-28-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-New (21-0819)] Agency Information Collection: Emergency Submission for OMB Review; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the United States Department of Veterans Affairs (VA), has submitted to the Office of Management and Budget
(OMB)the following emergency proposal for the collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. 3507(j)(1)). The reason for the emergency clearance is to determine a service member's eligibility for participation in a joint DOD/VA Disability Evaluation Board and VA compensation after separation from service. OMB has been requested to act on this emergency clearance request by September 21, 2007. DATES: Comments must be submitted on or before September 12, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-New (21-0819)” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7870 or e-mail *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-New (21-0819).” SUPPLEMENTARY INFORMATION: *Title:* VA/DOD Joint Disability Evaluation Board Claim, VA Form 21-0819. *OMB Control Number:* 2900-New (21-0819). *Type of Review:* New collection. *Abstract:* As a result of President Bush's Interagency Task Force on Returning Global War on Terror Heroes, VA and the Department of Defense
(DOD)have agreed to develop a joint process in which Global War on Terror
(GWOT)service members are evaluated to assign disability ratings, which will be used to determine military retention, level of disability for retirement, and VA disability compensation. VA Form 21-0819 will be used to gather the necessary information to determine the service member's eligibility for participation in a joint DOD/VA Disability Evaluation Board and VA compensation after separation from service. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 7,000 hours. *Estimated Average Burden per Respondent:* 30 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 14,000. Dated: August 20, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-17095 Filed 8-28-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS Veterans’ Disability Benefits Commission; Notice of Meeting The Department of Veterans Affairs
(VA)gives notice under Public Law 92-463 (Federal Advisory Committee Act) that the Veterans’ Disability Benefits Commission has scheduled a meeting for September 19-21, 2007, at the Washington Plaza Hotel, 10 Thomas Circle, NW., Washington, DC. On Wednesday, September 19, the session will begin at 10 a.m. and end at 5 p.m. On Thursday, September 20, the session will begin at 8:30 a.m. and end at 5 p.m. On Friday, September 21, the session will begin at 8:30 a.m. and end at 12 noon. The meeting is open to the public. The purpose of the Commission is to carry out a study of the benefits under the laws of the United States that are provided to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service. The agenda for this meeting will feature ongoing review, discussions and decisions by the Commission as it continues the process of assembling its final report. There will be time set aside for public comments. Interested persons may attend and present oral statements to the Commission on September 19. Oral presentations will be limited to five minutes or less. Interested parties may also provide written comments for review by the Commission prior to the meeting, by e-mail to *veterans@vetscommission.com* or by mail to Mr. Ray Wilburn, Executive Director, Veterans’ Disability Benefits Commission, 1101 Pennsylvania Avenue, NW., 5th Floor, Washington, DC 20004. Dated: August 22, 2007. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 07-4239 Filed 8-28-07; 8:45 am]
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U.S. Code
- Efficient environmental reviews for project decisionmaking and One Federal Decision§ 139
- Standards§ 109
- Repealed. Pub. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173]§ 219
- Policy on lands, wildlife and waterfowl refuges, and historic sites§ 303
- Transferred or Omitted§ 470
- Protection and preservation of traditional religions of Native Americans§ 1996
- Authority to exempt rail carrier transportation§ 10502
- Public information collection activities; submission to Director; approval and delegation§ 3507
register
25 references not yet in our index
- 42 USC 4321-4351
- 42 USC 7401-7671(q)
- 16 USC 1531-1544
- 16 USC 661-667(d)
- 16 USC 703-712
- 16 USC 469-469(c)
- 25 USC 3001-3013
- 42 USC 2000(d)
- 7 USC 4201-4209
- 42 USC 9601-9675
- 42 USC 6901-6992(k)
- 49 CFR 1152
- 49 CFR 1105.7
- 49 CFR 1105.8
- 49 CFR 1105.11
- 49 CFR 1105.12
- 49 CFR 1152.50(d)(1)
- 49 CFR 1152.27(c)(2)
- 49 CFR 1152.29
- 49 CFR 1152.28
- 49 CFR 1002.2(f)(25)
- 49 CFR 1152.29(e)(2)
- Pub. L. 104-13
- 44 USC 3501-3521
- Pub. L. 92-463
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cites case law
Rules and Regulations
Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies
Cite42 USC 4321-4351
Cite42 USC 7401-7671(q)
Cite16 USC 1531-1544
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