60164 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Shared-Use Path in New 

York State 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA. 

SUMMARY: This notice announces actions 

taken by the FHWA, USACE, and other 

Federal agencies that are final within 

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

actions relate to a proposed Shared-Use 

Path Construction Project: PIN 4760.35 

Auburn Trail Extension, Town of Victor, 

Ontario County, New York State. Those 

actions 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). 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 180 days after 

publication of this notice in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Mr. Jeffrey W. Kolb, Division 

Administrator, Federal Highway 

Administration, Leo W. O’Brien 

Building, Suite 719, Clinton Avenue 

and North Pearl Street, Albany, New 

York 12207; telephone: (518) 431–4121; 

e-mail: NewYork.fhwa@dot.gov. The 

FHWA New York Division Office’s 

normal business hours are 7:45 a.m. to 

4:15 p.m. (eastern time). For New York 

State Department of Transportation, Mr. 

Robert Traver, Acting Regional Director, 

1530 Jefferson Road, Rochester New 

York, 14623; telephone: (585) 272–3310. 

For the Town of Victor, Jack Marren, 

Supervisor, Town of Victor Town Hall, 

85 East Main Street, New York 14564; 

telephone: (585) 924–3311. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA has taken 

final agency actions subject to 23 U.S.C. 

139(l)(1) by issuing a Finding of No 

Significant Impact (FONSI) for the 

following trail project in the State of 

New York: PIN 4760.35 Auburn Trail 

Extension, Town of Victor, Ontario 

County. The project is a portion of the 

Auburn Trail located in the northwest 

quadrant of the Town of Victor, Ontario 

County with a small portion in the 

Towns of Perinton and Pittsford, 

Monroe County. The project begins at 

Main Street in the Hamlet of Fischers 

and extends northerly to Woolston Road 

in Monroe County for a total length 

including the connection to Powder 

Mills Park of 2.5 miles. The project 

primarily provides for the construction 

of an 8-foot wide Two-Way Shared-Use 

Path with 2-foot wide graded grass 

shoulders on either side and is further 

described under Alternative #5 in the 

June 2010 Final Design Report/ 

Environmental Assessment. The 

proposed Shared-Use Path will be built 

on an old railroad embankment 

currently under permanent easement by 

the Town of Victor. The actions by the 

Federal Highway Administration, and 

the laws under which such action was 

taken, are described in the Final Design 

Report/Environmental Assessment for 

the project, approved on July 26, 2010 

and in the FHWA Finding of No 

Significant Impact (FONSI) issued on 

September 22, 2010 and published in 

the Federal Register. The FONSI, and 

other project records are available by 

contacting the FHWA, the New York 

State Department of Transportation or 

the Town of Victor at the addresses 

provided above. The FHWA FONSI can 

be viewed and downloaded from the 

project Web site at http:// 

www.victorny.org or viewed at public 

libraries in the project area. 

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 and 23 U.S.C. 128]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Marine Mammal Protection Act 

[16 U.S.C. 1361]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–470(ll)]; 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]. 

6. 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]. 

7. Wetlands and Water Resources: 

Clean Water Act (Section 404, Section 

401, Section 319) [33 U.S.C. 1251– 

1377]; Land and Water Conservation 

Fund (LWCF) [16 U.S.C. 4601–4604]; 

Safe Drinking Water Act (SDWA) [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [33 U.S.C. 401– 

406]; Wild and Scenic Rivers Act [16 

U.S.C. 1271–1287]; Emergency 

Wetlands Resources Act, [16 U.S.C. 

3921, 3931]; Wetlands Mitigation [23 

U.S.C. 103(b)(6)(M) and 133(b)(11)]; 

Flood Disaster Protection Act, 42 U.S.C. 

4001–4128. 

8. 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(l)(1) 

Issued on: September 22, 2010. 

Jeffery W. Kolb, 

New York Division Administrator, Albany. 

[FR Doc. 2010–24249 Filed 9–28–10; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–42] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Title 14, 

Code of Federal Regulations (CFR) part 

25. The purpose of this notice is to 

improve the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 


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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 60165 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATE: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before October 19, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0446 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael Menkin, ANM–113, Federal 

Aviation Administration, Transport 

Airplane Directorate, 1601 Lind Ave., 

SW, Renton, WA 98057; 425–227–2793; 

or Katherine Haley, ARM–203, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW.; Washington, DC 20591; 

(202) 493–5708. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on September 

24, 2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2010–0446. 

Petitioner: Gulfstream Aerospace 

Corporation (GAC). 

Section of 14 CFR Affected: 14 CFR 

25.813(e). 

Description of Relief Sought: To allow 

the installation of doors between 

passenger seats, occupiable for taxi, take 

off and landing, and a passenger 

emergency exit for the Gulfstream GVI 

airplane. GAC intends to operate the 

airplane under part 135. 

[FR Doc. 2010–24368 Filed 9–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice Regarding Consideration and 

Processing of Applications for 

Financial Assistance Under the 

Railroad Rehabilitation and 

Improvement Financing (RRIF) 

Program 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of priorities for 

consideration of applications. 

SUMMARY: Under this notice, FRA is 

providing the basis for its consideration 

of potential applications for financial 

assistance under the RRIF Program 

authorized by 45 U.S.C. 821 et seq. 

DATES: This notice is effective for all 

applications received by FRA after 

October 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Amani, Chief of the Credit 

Programs Division, Office of Railroad 

Development, Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(telephone: (202) 493–6051; fax: (202) 

493–6333; and e-mail: 

Barbara.Amani@dot.gov); or Casey 

Symington, Attorney Advisor, Office of 

Chief Counsel, Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(telephone: (202) 493–6349; fax: (202) 

493–6068; and e-mail: 

Casey.Symington@dot.gov). 

SUPPLEMENTARY INFORMATION: Title V of 

the Railroad Revitalization and 

Regulatory Reform Act of 1976, Public 

Law 94–210 (1976), authorized a 

program of financial assistance 

necessary to furnish assistance to 

railroads for facilities maintenance, 

rehabilitation, improvements and 

acquisitions. FRA used this financial 

assistance program to provide financial 

assistance to portions of the thenfiscally challenged rail industry. The 

program was most active during the four 

years following the enactment of the 

statute. The improving financial 

condition of the rail industry 

subsequent to enactment of the Staggers 

Rail Act of 1980 and the partial 

economic deregulation of the rail 

industry helped improve the larger 

railroads’ access to private capital, 

reducing interest in the program. 

The Federal Credit Reform Act of 

1990 resulted in fundamental changes 

in all federal credit programs, by 

requiring that the subsidy cost of any 

federal credit assistance be reserved 

prior to the credit assistance being made 

available. Although the subsidy cost 

required an appropriation, FRA’s 

subsequent annual appropriations acts 

contained a specific prohibition on the 

use of FRA’s funds for this purpose. As 

a result, use of the Title V program was 

limited to projects specifically 

authorized by Congress. 

A secondary impact of the Staggers 

Rail Act of 1980 was a more liberalized 

approach to restructuring railroads, 

which led to the growth in the number 

and importance of short line and 

regional railroads (also known as Class 

III and Class II railroads). A number of 

studies conducted during the 1980s and 

1990s concluded that significant 

portions of the short line and regional 

railroad industry were challenged by 

deferred maintenance and a lack of 

access to the private capital markets at 

rates and terms comparable to debt 

financing opportunities available to the 

larger, Class I railroads. 

In 1998, Title V of the Railroad 

Revitalization and Regulatory Reform 

Act of 1976 was amended by the 

Transportation Equity Act for the 21st 

Century of 1998, Public Law 105–178 

(1998) (TEA–21) to establish the RRIF 

Program. TEA–21 authorized a program 

of financial assistance to the rail 

industry in the form of loans and loan 

guarantees and other financial 

instruments. The program was 

subsequently amended and expanded in 

the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users, Public Law 109–59 

(2005) (SAFETEA–LU) and the Rail 

Safety Improvement Act of 2008 (RSIA), 

Division A of Public Law 110–432. 

TEA–21 addressed capital needs by 

providing a program of loans and loan 

guarantees for rail investment purposes. 

A combined total of $3.5 billion in 

direct loans and loan guarantees was 


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