Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 47639 

1RJCK leased this line and began operations in 

January 2006. See R.J. Corman Railroad Company/ 

Tennessee Terminal, LLC—Lease and Operation 

Exemption—BNSF Railway Company, STB Finance 

Docket No. 34772 (STB served Feb. 3, 2006). 

2Because this is a discontinuance of service 

proceeding and not an abandonment, the 

proceeding is exempt from the requirements of 49 

CFR 1105.7 (environmental reports), 49 CFR 1105.8 

(historic reports), and 49 CFR 1105.11 (transmittal 

letter). 

Title: Over-the-Road Bus (OTRB) 

Accessibility Program. 

Abstract: The OTRB Accessibility 

Program is authorized under Section 

3038 of the Transportation Equity Act 

for the 21st Century (TEA–21), Public 

Law 105–85, as amended by the Safe, 

Accountable, Flexible, Efficient, 

Transportation Equity Act: A Legacy for 

Users SAFETEA–LU), Public Law 109– 

059, August 10, 2005. OTRBs are used 

in intercity fixed-route service as well as 

other services, such as commuter, 

charter and tour bus services. These 

services are an important element of the 

U.S. transportation system. TEA–21 

authorized FTA’s OTRB Accessibility 

Program to assist OTRB operators in 

complying with the Department’s OTRB 

Accessibility regulation, 

‘‘Transportation for Individuals with 

Disabilities’’ (49 CFR part 37, Subpart 

H). The legislative intent of this grant 

program is to increase the number of 

wheelchair accessible OTRBs available 

to persons with disabilities throughout 

the country. 

Estimated Total Annual Burden: 

4,800 hours. 

ADDRESSES: All written comments must 

refer to the docket number that appears 

at the top of this document and be 

submitted to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503, 

Attention: FTA Desk Officer. 

Comments Are Invited On: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued on: September 10, 2009. 

Ann M. Linnertz, 

Associate Administrator for Administration. 

[FR Doc. E9–22321 Filed 9–15–09; 8:45 am] 

BILLING CODE 4910–57–P 

FEDERAL MARITIME COMMISSION 

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on the agreements to the Secretary, 

Federal Maritime Commission, 

Washington, DC 20573, within ten days 

of the date this notice appears in the 

Federal Register. Copies of the 

agreements are available through the 

Commission’s Web site (http:// 

www.fmc.gov) or by contacting the 

Office of Agreements at (202)–523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 011961–008. 

Title: Maritime Credit Agreement. 

Parties: Alianca Navegacao e Logistica 

Ltda. & Cia.; China Shipping Container 

Lines Co., Ltd.; CMA CGM S.A.; 

Companhia Libra de Navegacao; 

Companhia Libra de Navegacion 

Uruguay S.A.; Compania Sud 

Americana de Vapores, S.A.; COSCO 

Container Lines Company Limited; Dole 

Ocean Cargo Express; Hamburg-Su ̈d; 

Hoegh Autoliners A/S; Independent 

Container Line Ltd.; Kawasaki Kisen 

Kaisha, Ltd.; Nippon Yusen Kaisha; 

Norasia Container Lines Limited; 

Safmarine Container Lines N.V.; 

Tropical Shipping & Construction Co., 

Ltd.; United Arab Shipping Company 

(S.A.G.); Wallenius Wilhelmsen 

Logistics AS; Yang Ming Marine 

Transport Corp.; Zim Integrated 

Shipping Services, Ltd. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell; 1850 M Street, NW.; 

Suite 900; Washington, DC 20036. 

Synopsis: The amendment would add 

Hyundai Merchant Marine Co., Ltd. as 

party to the Agreement. 

Agreement No.: 201162–004. 

Title: NYSA–ILA Assessment 

Agreement. 

Parties: International Longshoremen’s 

Association and New York Shipping 

Association. 

Filing Parties: Donato Caruso, Esq.; 

The Lambos Firm; 29 Broadway, 9th 

Floor; New York, NY 10006 and Andre 

Mazzola, Esq.; Marrinan & Mazzola 

Mardon, P.C.; 26 Broadway, 17th Floor; 

New York, NY 10004. 

Synopsis: The amendment updates 

assessments on vehicles and other 

operable, self-propelled machinery or 

equipment weighing more than 15,000 

pounds. 

By Order of the Federal Maritime 

Commission. 

Dated: September 11, 2009. 

Karen V. Gregory, 

Secretary. 

[FR Doc. E9–22304 Filed 9–15–09; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1042X] 

R.J. Corman Railroad Company/ 

Tennessee Terminal, LLC— 

Discontinuance of Service 

Exemption—in Shelby County, TN 

R.J. Corman Railroad Company/ 

Tennessee Terminal, LLC (RJCK) has 

filed a verified notice of exemption 

under 49 CFR 1152 Subpart F—Exempt 

Abandonments and Discontinuances of 

Service to discontinue service over 

2,084 feet of rail line owned by BNSF 

Railway Company (BNSF) and 

identified as Track A (1110) in the 

Airport Industrial Park tracks at 

Memphis, in Shelby County, TN. The 

line traverses United States Postal 

Service Zip Code 38118.1

RJCK has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic to be rerouted over other lines; 

¥fnl;(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 1105.12 (newspaper publication) 

and 49 CFR 1152.50(d)(1) (notice to 

governmental agencies) have been met.2

As a condition to this exemption, any 

employee adversely affected by the 

discontinuance of service 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 October 

16, 2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues and 

formal expressions of intent to file an 

OFA for continued rail service under 49 


srobinson on DSKHWCL6B1PROD with NOTICES
47640 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 

3Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

4Because this is a discontinuance proceeding and 

not an abandonment, trail use/rail banking and 

public use conditions are not appropriate. 

CFR 1152.27(c)(2) 3 must be filed by 

September 28, 2009.4 Petitions to 

reopen must be filed by October 6, 2009, 

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 RJCK’s 

representative: Ronald A. Lane, Fletcher 

& Sippel LLC, 29 N. Wacker Dr., Suite 

920, Chicago, IL 60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 10, 2009. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–22263 Filed 9–15–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Intent To Prepare a Supplemental Draft 

Environmental Impact Statement for 

the Capitol Expressway Light Rail 

Project in the City of San Jose and 

County of Santa Clara, CA. 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice of Intent to prepare a 

Supplemental Draft Environmental 

Impact Statement (EIS). 

SUMMARY: The Federal Transit 

Administration and the Santa Clara 

Valley Transportation Authority (VTA) 

are planning to prepare a Supplemental 

Draft Environmental Impact Statement 

(EIS) for the proposed 2.3 mile 

extension of light rail along Capitol 

Expressway from the existing Alum 

Rock Station to Eastridge Transit Center 

in the City of San Jose. Pursuant to 23 

C.F.R 771.129(a) and 771.130, the 

Supplemental Draft EIS will replace the 

Draft EIS that was made available for 

public review in April 2004. The Final 

EIS required under the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et. seq.) (NEPA) was never 

completed for this project as a result of 

limited opportunities for securing 

federal funds at that time. Due to 

dramatic declines in local and state 

funding sources as a result of the global 

economic recession, VTA is now 

preparing a Supplemental Draft EIS in 

order to be eligible for federal funds for 

this project. A Supplemental Draft EIS 

is needed to address major changes to 

the project since April 2004. 

The Supplemental Draft EIS will be 

prepared in accordance with regulations 

set by the NEPA as well as the 

provisions of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users. The purpose of 

this Notice of Intent is to alert interested 

parties about the plan to prepare the 

Supplemental Draft EIS, to invite public 

participation in the scoping process and 

to announce that a public scoping 

meeting will be conducted. 

DATES: Written comments on the scope 

of the Supplemental Draft EIS should be 

sent to Tom Fitzwater, VTA 

Environmental Programs and Resources 

Management Manager, by October 19, 

2009. A Public scoping meeting will be 

held on September 30, 2009 from 6 p.m. 

to 7:30 p.m. at the location indicated 

under ADDRESSES below. 

ADDRESSES: Written comments on the 

scope of the Supplemental Draft EIS 

should be submitted via mail, e-mail, 

fax, or the project Web site, with 

attention to: Tom Fitzwater, 

Manager,VTA Environmental Programs 

and Resources Management, 3331 North 

First Street, Building B–2, San Jose, CA 

95134–1927, E-mail: 

Tom.Fitzwater@vta.org, Fax: (408) 321– 

5787, Project Web site: http:// 

www.vta.org. 

Comments may also be offered at the 

public scoping meeting. The address for 

the public scoping meeting is in the 

Community Room on the second floor of 

Eastridge Shopping Center located at 

2200 Eastridge Loop Road in San Jose 

California (Old Navy/JC Penney’s 

entrance). The meeting facility will be 

accessible to persons with disabilities. If 

special translation or signing services or 

other special accommodations are 

needed, please contact VTA Customer 

Service five days prior to the meeting at 

(408) 321–2300, or e-mail 

community.outreach@vta.org. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

proposed project, environmental review 

process, or to be placed on the project 

mailing list, contact Tom Fitzwater, 

VTA Environmental Programs and 

Resources Management, at VTA, 3331 

North First Street, Building B–2, San 

Jose, CA 95134–2709, (408) 321–5789 or 

Eric Eidlin, Community Planner, at 

Federal Transit Administration, San 

Francisco Regional Office, 201 Mission 

Street, Room 1650, San Francisco, CA 

94105–1926, (415) 744–2502. 

SUPPLEMENTARY INFORMATION: 

I. Scoping 

Scoping is the process of determining 

the scope, focus and content of an EIS. 

FTA and VTA invite all interested 

individuals and organizations, public 

agencies, and Native American Tribes to 

comment on the scope of the 

Supplemental Draft EIS, including the 

project’s purpose and need, the 

alternatives to be studied, the impacts to 

be evaluated, and the evaluation 

methods to be used. Comments should 

focus on: 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. 

NEPA ‘‘scoping’’ has specific and 

fairly limited objectives, one of which is 

to identify the significant issues 

associated with alternatives that will be 

examined in detail in the document, 

while simultaneously limiting 

consideration and development of 

issues that are not truly significant. It is 

in the NEPA scoping process that 

potentially significant environmental 

impacts—those that give rise to the need 

to prepare an environmental impact 

statement—should be identified; 

impacts that are deemed not to be 

significant need not be developed 

extensively in the context of the impact 

statement, thereby keeping the 

statement focused on impacts of 

consequence. Transit projects may also 

generate environmental benefits; these 

should be highlighted as well—the 

impact statement process should draw 

attention to positive impacts, not just 

negative impacts. 

Once the scope of the environmental 

study, including significant 

environmental issues to be addressed, is 

settled, an annotated outline of the 

document will be prepared and shared 

with interested agencies and the public. 

The outline serves at least three worthy 

purposes, including (1) documenting 

the results of the scoping process; (2) 

contributing to the transparency of the 

process; and (3) providing a clear 

roadmap for concise development of the 

environmental document. 

II. Description of Project Study Areas 

and Need 

Purpose of the Supplemental Draft 

EIS: The original Notice of Intent to 

prepare a Draft Environmental Impact 

Statement/Environmental Impact Report 

(EIS/EIR) was issued on September 18, 


srobinson on DSKHWCL6B1PROD with NOTICES