8786 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

SUMMARY: The Federal Railroad 

Administration (FRA) hereby gives 

notice that it has submitted the 

following information collection request 

(ICR) to the Office of Management and 

Budget (OMB) for Emergency Processing 

under the Paperwork Reduction Act of 

1995 (Pub. L. 104–13, 44 U.S.C. 3501 et 

seq.). FRA requests that OMB authorize 

the collection of information identified 

below on or before March 15, 2010, for 

180 days after the date of approval by 

OMB. A copy of this ICR, with 

applicable supporting documentation, 

may be obtained by calling FRA’s 

Clearance Officers, Mr. Robert Brogan 

(tel. (202) 493–6292) or Ms. Kimberly 

Toone (tel. (202) 493–6132). These 

numbers are not toll-free. A copy of this 

ICR may also be obtained electronically 

by contacting Mr. Brogan at 

Robert.Brogan@dot.gov or by contacting 

Ms. Toone at Kimberly.Toone@dot.gov. 

Comments and questions about the ICR 

identified below should be directed to 

the Office of Information and Regulatory 

Affairs (OIRA), Attn: FRA OMB Desk 

Officer, 725 17th St., NW., Washington, 

DC 20503. Comments and questions 

about the ICR identified below may also 

be transmitted electronically to OIRA at 

oira_submissions@omb.eop.gov. 

DATES: Comments should be submitted 

as soon as possible upon publication of 

this notice in the Federal Register. 

Title: Notice of Funding Availability 

and Solicitation of Applications for the 

Positive Train Control (PTC) Grant 

Program. 

OMB Control Number: 2130–New. 

Frequency: One-time. 

Affected Public: 50 Railroads. 

Form(s): SF–269, SF–270, SF–271. 

Estimated Total Annual Number of 

Responses: 250 (Grant Applications and 

Other Supporting Documents (Paper/ 

Electronic)). 

Estimated Total Annual Burden 

Hours: 13,923 hours. 

Abstract: The Rail Safety Technology 

Program is a newly authorized program 

under the Rail Safety Improvement Act 

of 2008 (RSIA) (Pub. L. 110–432; 

October 16, 2008). The program was 

directed by Congress and passed into 

law in the aftermath of a series of major 

rail accidents that culminated in an 

accident at Chatsworth, California, in 

2008. Twenty-five people were killed 

and 135 people were injured in the 

Chatsworth accident. This event turned 

the Nation’s attention to rail safety and 

the possibility that new technologies, 

such as PTC, could prevent such 

accidents in the future. The RSIA 

ordered installation of PTC by all Class 

I railroads on any of their mainlines 

carrying poisonous inhalation hazard 

(PIH) materials and by all passenger and 

commuter railroads on their main lines 

not later than December 31, 2015. 

As part of the RSIA, Congress 

provided $50 million to FRA to award, 

in one or more grants, to eligible 

projects by passenger and freight rail 

carriers, railroad suppliers, and State 

and local Governments. Funds will be 

awarded to projects that have a public 

benefit of improved railroad safety and 

efficiency, with priority given to 

projects that make PTC technologies 

interoperable between railroad systems; 

projects that accelerate the deployment 

of PTC technology on high-risk 

corridors, such as those that have high 

volumes of hazardous material 

shipments; and for projects over which 

commuter or passenger trains operate, 

or that benefit both passenger and 

freight safety and efficiency. 

Funds provided under this grant 

program may constitute no more than 80 

percent of the total cost of a selected 

project, with the remaining costs funded 

from other sources. The funding 

provided under these grants will be 

made available to grantees on a 

reimbursement basis. FRA anticipates 

awarding grants to multiple eligible 

participants. FRA may choose to award 

a grant or grants within the available 

funds in any amount. Funding made 

available through grants provided under 

this program, together with funding 

from other sources that is committed by 

a grantee as part of a grant agreement, 

must be sufficient to complete the 

funded project and achieve the 

anticipated technology development. 

FRA will begin accepting grant 

applications 10 days after publication of 

the separate agency notice published in 

the Federal Register detailing the terms 

of the PTC Grant Program Funds 

Availability. Applications may be 

submitted until the earlier of December 

31, 2010, or the date on which all 

available funds will have been 

committed under this program. 

FRA is applying to OMB for 

Emergency Clearance of this proposed 

information collection because of the 

highly complex technology involved. 

Reviewing railroad applications and 

awarding this funding as quickly as 

possible is essential to meeting FRA’s 

mission and the RSIA PTC 

implementation deadline of December 

15, 2015. FRA cannot reasonably 

comply with the normal OMB PRA 

Clearance procedures because of the 

time needed by FRA to review PTC 

grant fund applications and resolve 

technology issues, and because any 

delay in PTC implementation will cause 

FRA to miss the congressional statutory 

deadline. Also, normal OMB PRA 

Clearance procedures cannot be 

complied with because any delay of 

PTC implementation is likely to cause 

considerable public harm in terms of 

higher numbers of accidents/incidents 

and corresponding injuries/fatalities on 

train lines across the country that did 

not have the enhanced safety provided 

by PTC technologies on them as 

intended by Congress. Upon receiving 

the requested 6-month Emergency 

Clearance by OMB, FRA will follow the 

normal PRA procedures to obtain 

extended approval for this proposed 

information collection for the customary 

3-year period. 

Authority: 44 U.S.C. 3501–3520. 

Issued in Washington, DC on February 22, 

2010. 

Margaret B. Reid, 

Associate Administrator, Office of Financial 

Management, Federal Railroad 

Administration. 

[FR Doc. 2010–3865 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–06–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 Fish and Wildlife 

Service (USFWS), DOI. 

SUMMARY: This notice announces actions 

taken by the FHWA and the USFWS 

that are final within the meaning of 23 

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

proposed highway project 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 that the FHWA and 

the USFWS have made decisions that 

are 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 decisions on the 

proposed highway project will be barred 

unless the claim is filed on or before 

August 24, 2010. 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. Janice Osadczuk, 

Federal Highway Administration, 

Indiana Division, 575 North 

Pennsylvania Street, Room 254, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8787 

Indianapolis, IN 46204–1576; telephone: 

(317) 226–7486; e-mail: 

Janice.Osadczuk@dot.gov. The FHWA 

Indiana Division Office’s normal 

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

e.t. For the USFWS: Mr. Scott Pruitt, 

Field Supervisor, Bloomington Field 

Office, USFWS, 620 South Walker 

Street, Bloomington, IN 47403–2121; 

telephone: 812–334–4261; e-mail: 

Scott_Pruitt@fws.gov. Normal business 

hours for the USFWS Bloomington Field 

Office are: 8 a.m. to 4:30 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: Notice is 

hereby given that the FHWA has 

approved a Tier 2 Final Environmental 

Impact Statement (FEIS) for section 3 of 

the I–69 highway project from 

Evansville to Indianapolis and issued a 

Record of Decision (ROD) for section 3 

on January 28, 2010. Section 3 of the I– 

69 project extends from U.S. 50 east of 

the city of Washington, Indiana to U.S. 

231 near the Crane NSWC. Section 3 is 

a new alignment, fully access-controlled 

highway. As approved in the Tier 1 

ROD, the corridor is generally 2000-feet 

wide. The corridor width varies at two 

locations within Section 3. It narrows to 

1200-feet wide near First Creek and 

expands to 6400-feet wide near the 

Thousand Acre Woods. The ROD 

selected Refined Preferred Alternative 1 

for section 3, as described in the I–69 

Evansville to Indianapolis, Indiana, Tier 

2 Final Environmental Impact 

Statement, Washington to Crane NSWC, 

Indiana (FEIS), available at http:// 

www.i69indyevn.org/ 

section3_FEIS.html. The ROD also 

approved the locations of the 

interchanges, grade separations, and 

access roads (which include new roads, 

road relocations, and realignments). The 

FHWA had previously issued a Tier 1 

FEIS and ROD for the entire I–69 project 

from Evansville to Indianapolis, 

Indiana. A Notice of Limitation on 

Claims for Judicial Review of Actions by 

FHWA and United States Fish and 

Wildlife Service (USFWS), DOI, was 

published in the Federal Register on 

April 17, 2007. A claim seeking judicial 

review of the Tier 1 decisions must have 

been filed by October 15, 2007, to avoid 

being barred under 23 U.S.C. 139(l). 

Decisions in the FHWA Tier 1 ROD that 

were cited in that Federal Register 

notice included, but were not limited to, 

the following: 

1. Purpose and need for the project. 

2. Range of alternatives for analysis. 

3. Selection of the Interstate highway 

build alternative and highway corridor 

for the project, as Alternative 3C. 

4. Elimination of other alternatives 

from consideration in Tier 2 NEPA 

proceedings. 

5. Process for completing the Tier 2 

alternatives analysis and studies for the 

project, including the designation of six 

Tier 2 sections and a decision to prepare 

a separate environmental impact 

statement for each Tier 2 section. 

The Tier 1 ROD and Notice 

specifically noted that the ultimate 

alignment of the highway within the 

corridor, and the location and number 

of interchanges and rest areas would be 

evaluated in the Tier 2 NEPA 

proceedings. Those proceedings for 

section 3 of the I–69 project from 

Evansville to Indianapolis have 

culminated in the January 28, 2010, 

ROD and this Notice. Interested parties 

may consult the Tier 2, section 3 ROD 

and FEIS for details about each of the 

decisions described above and for 

information on other issues decided. 

The Tier 2, section 3 ROD can be 

viewed and downloaded from the 

project Web site at http:// 

www.i69indyevn.org/. People unable to 

access the Web site may contact FHWA 

or INDOT at the addresses listed above. 

Decisions in the section 3, Tier 2 ROD 

that have final approval include, but are 

not limited to, the following: 1. National 

Environmental Policy Act (NEPA) [42 

U.S.C. 4321–4351]. 2. Endangered 

Species Act [16 U.S.C. 1531–1544]. 3. 

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

and 23 U.S.C. 128]. 4. Clean Air Act, 42 

U.S.C. 7401–7671(q). 5. Section 4(f) of 

the Department of Transportation Act of 

1966 [49 U.S.C. 303]. 6. Section 106 of 

the National Historic Preservation Act of 

1966, as amended [16 U.S.C. 470(f) et 

seq.]. 7. Bald and Golden Eagle 

Protection Act [16 U.S.C. 688–688d]. 

Previous actions taken by the USFWS 

for the Tier 1, I–69 project, pursuant to 

the Endangered Species Act, 16 U.S.C. 

1531–1544, included its concurrence 

with the FHWA’s determination that the 

I–69 project was not likely to adversely 

affect the eastern fanshell mussel 

(Cyprogenia stegaria) and that the 

project was likely to adversely affect, 

but not jeopardize, the bald eagle. The 

USFWS also concluded that the project 

was not likely to jeopardize the 

continued existence of the Indiana bat 

and was not likely to adversely modify 

the bat’s designated Critical Habitat. 

These USFWS decisions were described 

in the Programmatic Biological Opinion 

issued on December 3, 2003, the 

Revised Programmatic Biological 

Opinion issued on August 24, 2006, and 

other documents in the Tier 1 project 

records. A Notice of Limitation on 

Claims for Judicial Review of these 

actions and decisions by the USFWS, 

DOI, was published in the Federal 

Register on April 17, 2007. For the Tier 

2, section 3, 25.73-mile I–69 project in 

Daviess and Greene Counties, an 

individual Biological Opinion was 

issued on October 21, 2009, that 

concluded that the Section 3 project was 

not likely to jeopardize the continued 

existence of the Indiana bat and was not 

likely to adversely modify the bat’s 

designated Critical Habitat. In addition, 

the USFWS issued an Incidental Take 

Statement subject to specified terms and 

conditions. In addition, the USFWS 

issued a Bald Eagle Take Exempted 

Under ESA permit (No. MB218918–0) 

for the incidental take of the bald eagles 

for all sections of the I–69 project. The 

permit was effective as of June 25, 2009, 

and is subject to the terms and 

conditions of the Endangered Species 

Act section 7 incidental take statement 

and the August 24, 2006, Revised 

Programmatic Biological Opinion. The 

biological opinions, Bald Eagle permit 

no. MB218918–0, and other project 

records relating to the USFWS actions, 

taken pursuant to the Endangered 

Species Act, 16 U.S.C. 1531–1544, are 

available by contacting the FHWA, 

INDOT, or USFWS at the addresses 

provided above. The Tier 2, section 3, 

Biological Opinion can be viewed and 

downloaded from the project Web site at 

http://www.deis.i69indyevn.org/ 

FEIS_Sec3/Sec3_Appendix_Y2.pdf. 

(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). 

Robert F. Tally, Jr., 

Division Administrator, Indianapolis, 

Indiana. 

[FR Doc. 2010–3560 Filed 2–24–10; 8:45 am] 

BILLING CODE P 


jlentini on DSKJ8SOYB1PROD with NOTICES