72862 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by December 16, 2010, with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to applicants’ 

representatives: For MCRR, Sandra L. 

Brown, Thompson Hine LLP, 1920 N 

Street, NW., Suite 800, Washington, DC 

20036; for CMR, Lon Van Gemert, Chief 

Executive Officer, Central Midland 

Railway, c/o Progressive Rail 

Incorporated, 21778 Highview Avenue, 

Lakeville, MN 55044. 

If the verified notice contains false or 

misleading information, the exemptions 

are void ab initio. 

Applicants have filed a combined 

environmental and historic report that 

addresses the effects, if any, of the 

abandonment and discontinuances on 

the environment and historic resources. 

OEA will issue an environmental 

assessment (EA) by December 3, 2010. 

Interested persons may obtain a copy of 

the EA by writing to OEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling OEA, 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), MCRR 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 MCRR’s filing of a notice of 

consummation by November 26, 2011, 

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: November 19, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–29712 Filed 11–24–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Indiana 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and United States Army Corps of 

Engineers (USACE), DoD. 

SUMMARY: This notice announces actions 

taken by the FHWA and the USACE that 

are final within the meaning of 23 

U.S.C. 139(l)(1). The actions relate to 

proposed highway projects for a 25.73 

mile segment of I–69 in the Counties of 

Daviess and Greene, State of Indiana, 

and grant licenses, permits, and 

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) and 

are final within the meaning of that law. 

A claim seeking judicial review of those 

Federal agency actions that are covered 

by this notice will be barred unless the 

claim is filed on or before May 25, 2011. 

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 the shorter time 

period applies. 

FOR FURTHER INFORMATION CONTACT: For 

the FHWA: Ms. Michelle Allen, Federal 

Highway Administration, Indiana 

Division, 575 North Pennsylvania 

Street, Room 254, Indianapolis, IN 

46204–1576; telephone: (317) 226–7344; 

e-mail: Michelle.Allen@dot.gov. The 

FHWA Indiana Division Office’s normal 

business hours are 7:30 a.m. to 4 p.m., 

e.t. For the USACE: Mr. Greg Mckay, 

Chief, North Section Regulatory Branch, 

Louisville District, United States Army 

Corps of Engineers, P.O. Box 59, 

Louisville, KY 40201–0059; telephone: 

(502) 315–6685; e-mail: 

gregory.a.mckay@usace.army.mil. 

Normal business hours are 8 a.m. to 5 

p.m., e.t. You may also contact Mr. 

Thomas Seeman, Project Manager, 

Indiana Department of Transportation 

(INDOT), 100 North Senate Avenue, 

Indianapolis, IN 46204; telephone: (317) 

232–5336; e-mail: 

TSeeman@indot.IN.gov. Normal 

business hours for the Indiana 

Department of Transportation are: 8 a.m. 

to 4:30 p.m., e.t. 

SUPPLEMENTARY INFORMATION: On August 

13, 2010, the FHWA published a ‘‘Notice 

of Final Federal Agency Actions on 

Proposed Highway in Indiana’’ in the 

Federal Register at (75 FR 49547) for the 

Section 3, 25.73 mile I–69 project in 

Daviess and Greene Counties. Notice is 

hereby given that, subsequent to the 

earlier FHWA notice, the USACE has 

taken final agency actions within the 

meaning of 23 U.S.C. 139(l)(1) by 

issuing permits and approvals for the 

highway project. The actions by the 

USACE, related final actions by other 

Federal agencies, and the laws under 

which such actions were taken, are 

described in the USACE decisions and 

its project records, referenced as Section 

404 Water Quality Permit, Number 

LRL–2010–39-djd. That information is 

available by contacting the USACE at 

the address provided above. 

As part of the Section 3 project, which 

begins at the terminus of the Section 2 

project, there are six crossings of water 

resources requiring individual permits 

from the USACE, including streams, 

open water and emergent, scrub-shrub 

and forested wetlands. Subject to the 

permit conditions, INDOT is permitted 

to discharge fill material below the 

Ordinary Highway Water mark of 8,925 

linear feet of Doan’s Creek and 

intermittent and ephemeral tributaries 

of Eagan Ditch and Doan’s Creek, and to 

discharge fill material into 4.64 acres of 

open water and emergent, scrub-shrub 

and forested wetlands adjacent to First 

Creek and Doan’s Creek in constructing 

these crossings. In addition, in two 

letters dated January 20, 2010 and May 

4, 2010, the USACE has authorized 

impacts at 32 other sites under their 

jurisdiction within Section 3 of the I–69 

project in Daviess and Greene Counties 

via the Regional General Permit No. 1 

issued jointly by the Louisville and 

Chicago Districts on December 15, 2009. 

On January 7, 2010, INDOT filed an 

application with the USACE for 

authorization under Section 404 of the 

Clean Water Act, 33 U.S.C. 1344, to 

construct the 25.73 mile Section 3 I–69 

project. On July 14, 2010, the USACE 

took final action in issuing the Section 

404 Water Quality Permit for the 

Section 3 I–69 project, Number LRL– 

2010–39-djd, as described in the USACE 

decision and its administrative record 

for the project. A Notice of Limitation 

on Claims for Judicial Review of Actions 

by FHWA, United States Fish and 

Wildlife Service (USFWS), DOI, and 

USACE was published in the Federal 

Register on August 13, 2010 (75 FR 

49547). On September 7, 2010, the 

USACE suspended the Section 404 

Water Quality Permit, Number LRL– 

2010–39-djd, after a review of the 

permit file revealed that the procedural 

requirements of 33 CFR 327.4, the 

USACE regulation regarding public 

hearing determinations, had not been 

followed prior to issuance of the permit. 

On September 15, 2010, after ensuring 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 72863 

that all necessary procedural 

requirements had been complied with, 

the USACE reinstated the Section 404 

Water Quality Permit, Number LRL– 

2010–39-djd. 

The actions by the Federal agencies 

on the project, and the laws under 

which such actions were taken, are 

described in the Section 404 Water 

Quality Permit and Regional General 

Permit letters, and in other documents 

in the FHWA administrative record for 

the project. The ROD and other 

documents from the FHWA 

administrative record files for the 

Section 3 project are available by 

contacting FHWA, USACE or INDOT at 

the addresses provided above. Project 

information may also be available 

through the INDOT I–69 Project Web 

site at http://www.i69indyevn.org/. 

This notice applies to all USACE and 

other Federal agency final actions taken 

after the issuance date of the FHWA 

Federal Register notice described above. 

The laws under which actions were 

taken include, but are not limited to: 

1. 1. National Environmental Policy Act 

(NEPA) [42 U.S.C. 4321–4351]. 2. 

Federal-Aid Highway Act [23 U.S.C. 109 

and 23 U.S.C. 128]. 3. Clean Water Act, 

33 U.S.C. 1251–1377 (Section 404, 

Section 402, Section 401, Section 319). 

(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: November 19, 2010. 

Robert F. Tally Jr., 

Division Administrator, Indianapolis, 

Indiana. 

[FR Doc. 2010–29805 Filed 11–24–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–26367] 

Motor Carrier Safety Advisory 

Committee Public Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Notice of Motor Carrier Safety 

Advisory Committee Meeting. 

SUMMARY: FMCSA announces that the 

Agency’s Motor Carrier Safety Advisory 

Committee (MCSAC) will hold a 

committee meeting from Monday, 

December 6 through Wednesday, 

December 8, 2010. The meeting will be 

open to the public for its duration. 

TIME AND DATES: The meeting will be 

held on Monday and Tuesday, 

December 6–7, 2010, from 8:30 a.m. to 

4 p.m., Eastern Standard Time (E.S.T.), 

and on Wednesday, December 8, from 

8:30 a.m. to 2 p.m., E.S.T. The last hour 

of each day will be reserved for public 

comment. 

MATTERS TO BE CONSIDERED: The MCSAC 

will complete action on Task 10–02, 

regarding Fatigue Management Plans for 

Commercial Motor Vehicle Drivers. 

Additionally, the MCSAC will 

commence work on Task 11–01, 

regarding Patterns of Safety Violations 

by Motor Carrier Management. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shannon L. Watson, Senior 

Management Analyst, Strategic Planning 

and Program Evaluation Division, Office 

of Policy Plans and Regulation, Federal 

Motor Carrier Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 385–2395, 

mcsac@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

MCSAC 

Section 4144 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59, 119 Stat. 1144, August 

10, 2005) required the Secretary of 

Transportation to establish a Motor 

Carrier Safety Advisory Committee. The 

committee provides advice and 

recommendations to the FMCSA 

Administrator on motor carrier safety 

programs and regulations, and operates 

in accordance with the Federal 

Advisory Committee Act (5 U.S.C. App 

2). 

Patterns of Safety Violations Task 

SAFETEA–LU Section 4133 allows 

the Secretary to suspend, amend, or 

revoke any part of a motor carrier’s 

registration if the Secretary finds that an 

officer of a motor carrier engages, or has 

engaged, in a pattern or practice of 

avoiding compliance, or masking or 

otherwise concealing noncompliance, 

with the Federal Motor Carrier Safety 

Regulations and Hazardous Materials 

Regulations, while serving as an officer 

of any motor carrier. The section defines 

an officer as ‘‘an owner, director, chief 

executive officer, chief financial officer, 

safety director, vehicle maintenance 

supervisor, and driver supervisor of a 

motor carrier, regardless of title attached 

to these functions, and any person, 

however designated, exercising 

controlling influence over the 

operations of a motor carrier.’’ 

Following presentations from experts 

on this issue and the deliberations of the 

Committee, the MCSAC will submit 

written recommendations in the form of 

a report to the FMCSA Administrator on 

this topic following its March 2011 

meeting. 

II. Meeting Participation 

Oral comments from the public will 

be heard during the last hour of each 

day of this meeting. Members of the 

public may submit written comments on 

this topic by Wednesday, December 1, 

2010, to Federal Docket Management 

System (FDMC) Docket Number 

FMCSA–2006–26367 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Room WI2–140, Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room WI2–140, 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Issued on: November 22, 2010. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2010–29767 Filed 11–24–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0354] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 46 individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. If granted, the exemptions 

would enable these individuals to 

qualify as drivers of commercial motor 

vehicles (CMVs) in interstate commerce 

without meeting the Federal vision 

standard. 

DATES: Comments must be received on 

or before December 27, 2010. 


srobinson on DSKHWCL6B1PROD with NOTICES