Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50269 

1See TTX Company, et al.—Application for 

Approval of Pooling of Car Service with Respect to 

Flat Cars, STB Finance Docket No. 27590 (Sub-No. 

3) (STB served Aug. 31, 2004). 

monitoring of TTX Company (TTX) and 

the preparation of a monitoring report at 

the end of year 5 of the 10-year term 

authorized by the Board for TTX’s 

pooling agreement. To facilitate 

preparation of the report and 

preparation of comments by interested 

parties, the Board is directing TTX and 

its members to provide certain 

operational information and then is 

seeking comments from interested 

parties on whether any of TTX’s 

activities require any action or 

particular oversight by the Board at this 

time. 

DATES: The information being sought 

from TTX and its members is due by 

November 16, 2009. Comments from 

interested parties are due by December 

31, 2009. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in traditional paper format. 

Any person using e-filing should attach 

a document and otherwise comply with 

the instructions at the E–FILING link on 

the Board’s Web site at http:// 

www.stb.dot.gov. Any person submitting 

a filing in the traditional paper format 

should send an original and 10 copies 

referring to STB Finance Docket No. 

27590 (Sub-No. 3) to: Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Larry C. Herzig, (202) 245–0282. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: TTX owns 

and manages for the benefit of its 

participating Class I and Class II 

railroads an extensive fleet of 

specialized flatcars that are used in rail 

transportation of containers, truck 

trailers, automobiles, lumber, extradimensional loads, and other 

commodities. TTX was authorized to 

own and to manage these cars pursuant 

to a pooling agreement established 

under 49 U.S.C. 11322. Under 49 U.S.C. 

11321, such authorization exempts TTX 

and the railroad participants in their 

pooling agreement from ‘‘the antitrust 

laws and from all other law’’ as 

necessary to allow the agreement to be 

carried out. In its August 2004 decision 

approving a 10-year extension of TTX’s 

pooling authority,1 the Board authorized 

TTX’s to extend its pooling agreement 

for an additional 10-year term and 

clarified the authorized scope of TTX’s 

agreement. For further details, see the 

Board’s August 2004 decision. 

The Board’s August 2004 decision 

also required what was then the 

agency’s Office of Compliance and 

Enforcement, now the Office of Public 

Assistance, Governmental Affairs, and 

Compliance (OPAGAC), to monitor 

TTX’s operations and to prepare a 

monitoring report at the end of year 5 

of the 10-year term that began on 

October 1, 2004. To carry out the 

monitoring process required in the 

August 2004 decision, we are first 

asking TTX and its members provide 

certain operational information 

described in the Board’s full decision in 

this matter being served today. TTX’s 

submission will be posted on the 

Board’s web site. 

Thereafter, shippers or other 

interested parties may comment on 

TTX’s submission and whether any of 

TTX’s activities require any action or 

particular oversight by this agency at 

this time. Any commenter wishing to 

express a concern about any of TTX’s 

activities should fully describe the 

activity, the concern, and the type of 

Board action that the commenter 

believes is appropriate. The information 

filed by TTX and its members and any 

public comments will be reviewed as 

part of the monitoring process, and the 

agency will determine whether any 

further action is appropriate. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered: 

1. The Board is commencing the 

monitoring report process discussed in 

its August 2004 Decision. 

2. TTX and its members must provide 

the requested information by November 

16, 2009. 

3. Shippers and other interested 

parties may file comments with the 

Board on whether any of TTX’s 

activities pursuant to the Boardapproved pooling agreement require any 

action or particular oversight by the 

Board at this time. Comments are due by 

December 31, 2009. 

4. This notice will be published in the 

Federal Register. 

5. This notice and the accompanying 

decision will be served on all parties 

appearing on the service list in STB 

Finance Docket No. 27590 (Sub-No. 3). 

6. This decision is effective on 

September 25, 2009. 

By the Board, Chairman Elliott, Vice 

Chairman Nottingham, and Commissioner 

Mulvey. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–23511 Filed 9–29–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Rail Grade Separation 

Project in Orange County, CA 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA, pursuant to 23 U.S.C. 327. 

SUMMARY: The FHWA is issuing this 

notice to announce actions taken by 

FHWA and other Federal agencies that 

are final within the meaning of 23 

U.S.C. Section 139(l)(1). The actions 

relate to the proposed Orange County 

Gateway rail grade separation project in 

the Cities of Placentia (local project 

proponent) and Anaheim, Orange 

County, California. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. Section 

139(l)(1). A claim seeking judicial 

review of the Federal agency actions on 

the rail crossing will be barred unless 

the claim is filed on or before March 29, 

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 that shorter time 

period still applies. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Scott K. McHenry, Senior 

Transportation Engineer, 650 Capital 

Mall, Suite 4–100, Sacramento, 

California 95814; phone: (916) 498– 

5854; fax (916) 498–5008; e-mail 

Scott.mchenry@dot.gov; regular office 

hours 8 a.m. to 5 p.m. For the City of 

Placentia, Michael McConaha, Senior 

Administrative Analyst, City of 

Placentia, 401 East Chapman Avenue, 

Placentia, California 92870; phone: 

(714) 993–8245; fax: (714) 961–0283; email mmcconaha@placentia.org; regular 

office hours 8 a.m. to 5 p.m. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the Federal Highway 

Administration (FHWA) has taken final 

agency actions subject to 23 U.S.C. 

139(l)(1) by issuing licenses, permits, 

and approvals for the following rail 

grade separation project in the State of 

California. The purpose of the Orange 

County Gateway (OCG) project is to 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
50270 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 

alleviate current and potential 

environmental impacts and hazards 

associated with traffic congestion at 

existing at-grade crossings along an 

approximately 5-mile long segment of 

the Burlington Northern Santa Fe 

(BNSF) railroad tracks in the Cities of 

Placentia and Anaheim and 

unincorporated Orange County, in 

Orange County, California. The OCG 

project will provide grade separations 

on eight local arterials at their crossings 

with the BNSF tracks. The OCG project 

is subject to federal, as well as City of 

Placentia and State, environmental 

review requirements because the City 

proposes the use of federal funds from 

FHWA. Project documentation, 

therefore, was prepared in compliance 

with both the National Environmental 

Policy Act (NEPA) and the California 

Environmental Quality Act (CEQA). The 

FHWA project reference number is 

FHWA–EIS–CA21. The actions by the 

Federal agencies, and the laws under 

which such actions were taken, are 

described in the Final Environmental 

Impact Statement (FEIS) for the project, 

approved on June 30, 2009 in the FHWA 

Record of Decision (ROD) issued on 

September 23, 2009, and in other 

documents in the FHWA project 

records. The FEIS, ROD, and other 

project records are available by 

contacting FHWA or the City of 

Placentia at the addresses provided 

above. Pending federal actions for the 

project are: 

• United States Army Corps of 

Engineers 404 permit under the 

Federal Clean Water Act (CWA). 

• 401 Water Quality Certification from 

the Regional Water Quality Control 

Board under Section 401 permit of the 

Federal CWA. 

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. Council on Environmental Quality 

regulations. 

2. National Environmental Policy Act 

(NEPA). 

3. Department of Transportation Act of 

1966. 

4. Federal Aid Highway Act of 1970. 

5. Clean Air Act Amendments of 1990. 

6. Clean Water Acts of 1977 and 1987. 

7. Endangered Species Act of 1973. 

8. Migratory Bird Treaty Act. 

9. Farmland Protection Policy Act of 

1981. 

10. Title VI of the Civil Rights Act of 

1964. 

11. Uniform Relocation Assistance and 

Real Property Acquisition Act of 

1970. 

12. National Historic Preservation Act of 

1966. 

13. Historic Sites Act of 1935. 

14. Executive Order 11990, Protection of 

Wetlands. 

15. Executive Order 13112, Invasive 

Species. 

16. Executive Order 11988, Floodplain 

Management. 

17. Executive Order 12898, 

Environmental Justice. 

Authority: 23 U.S.C. Section 139(l)(1). 

Issued on: September 24, 2009. 

Walter C. Waidelich, Jr., 

Division Administrator, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E9–23566 Filed 9–29–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. 2009–0095, Notice No. 1] 

RIN: 2130–AB90 

High-Speed Passenger Rail Safety 

Strategy; Highway-Rail Grade Crossing 

Guidelines for High-Speed Passenger 

Rail: Creation of Docket 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: On June 17, 2009, FRA issued 

a Notice of Funding Availability and 

Interim Program Guidance detailing the 

application requirements for obtaining 

funding for high-speed rail projects 

under the American Recovery and 

Reinvestment Act of 2009 and the 

Department of Transportation 

Appropriations Acts for fiscal year (FY) 

2008 and FY 2009. The Notice and 

Interim Guidance was published in the 

Federal Register on June 23, 2009. FRA 

is currently evaluating grant 

applications submitted in the first round 

of the application process, in 

accordance with evaluation criteria 

included in the Interim Guidance. FRA 

will also develop high-speed passenger 

rail (HSPR) safety strategy and highwayrail grade crossing guidelines for HSPR 

as part of a plan to address the Nation’s 

transportation challenges by investing 

in an efficient, high-speed passenger rail 

network of 100-mile to 600-mile 

intercity corridors that connect 

communities across America. 

To date, FRA has received more than 

30 comments on its HSPR Safety 

Strategy and Grade Crossing Guidelines, 

and FRA anticipates that the current 

high level of interest in high-speed rail 

projects will continue. For this reason, 

FRA is creating a combined docket for 

comments on the HSPR Safety Strategy 

and Grade Crossing Guidelines. FRA 

will place previously published 

documents and previously received 

comments in this docket to make these 

materials available to the public. This 

docket will be kept open indefinitely, 

since FRA is interested in receiving 

comments from all interested parties. 

Comments filed as soon as practicable 

will be of the greatest use. 

ADDRESSES: Comments related to this 

docket, FRA–2009–0095, may be 

submitted by any of the following 

methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: Docket Management 

Facility, U.S. Department of 

Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. 

Please note that all comments received 

will be posted without change to 

http://www.regulations.gov, including 

any personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc). You may 

review DOT’s complete Privacy Act 

Statement published in the Federal 

Register on April 11, 2000 (Volume 65, 

Number 70, Pages 19477–78), or you 

may visit http://DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or go to the street 

address listed above between 9 a.m. and 

5 p.m. ET, Monday through Friday, 

except Federal holidays. Follow the 

online instructions for accessing the 

dockets. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Larry Woolverton, Railroad Safety 

Advisory Committee Coordinator, Office 

of Railroad Safety, W35–340, Federal 

Railroad Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, 202–493–6212. 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES