Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53319 

1Twin America is in the process of applying with 

the Federal Motor Carrier Safety Administration 

(FMCSA) to be a registered motor passenger carrier. 

It holds USDOT number 1924173 and has been 

assigned docket number MC–688284 by FMCSA. 

2 In that proceeding, the Board published notice 

of the application but did not grant tentative 

authority under 49 CFR 1182.4(b). 

Twin), of Twin America, LLC (Twin 

America) once that carrier obtains motor 

carrier authority,1 in Stagecoach Group 

PLC and Coach USA, Inc., et al.— 

Acquisition of Control—Twin America, 

LLC, STB Docket No. MC–F–21035 (STB 

served Sept. 18, 2009).2 Persons wishing 

to oppose this application must follow 

the rules at 49 CFR 1182.5 and 1182.8. 

The Board has tentatively approved the 

transaction, and, if no opposing 

comments are timely filed, this notice 

will be the final Board action. 

DATES: Comments must be filed by 

November 30, 2009. Applicants may file 

a reply by December 15, 2009. If no 

comments are filed by November 30, 

2009, this notice is effective on that 

date. 

ADDRESSES: Send an original and 10 

copies of any comments referring to STB 

Docket No. MC–F–21036 to: Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, send one copy of comments to 

Applicant’s representative: David H. 

Coburn, Steptoe & Johnson LLP, 1330 

Connecticut Ave., NW., Washington, DC 

20036. 

FOR FURTHER INFORMATION CONTACT: Julia 

Farr, (202) 245–0359 [Federal 

Information Relay (FIRS) for the hearing 

impaired: 1–800–877–8339]. 

SUPPLEMENTARY INFORMATION: Applicant 

is an individual who attained control of 

RW Express in 2003 when he attained 

a 48% interest in its stock. Applicant’s 

sister owns a 3% share and a corporate 

entity, Continental Air Transport 

Company I, owns a 49% share. 

Applicant states that he serves as the 

president of RW Express, directs the 

day-to-day operations, and is engaged in 

major managerial decisions. According 

to Applicant, RW Express operates a 

fleet of 65 vehicles and drivers and 

provides charter service within New 

York and between New York and points 

in nearby states. 

Applicant is also the sole member and 

owner of City Sights Twin, a noncarrier 

formed for the purpose of owning an 

interest in Twin America. Applicant, 

along with City Sights Twin, Stagecoach 

Group PLC, its intermediate 

subsidiaries, Coach USA, Inc., and 

International Bus Services, seek control 

of Twin America in Stagecoach Group 

PLC and Coach USA, Inc., et al.— 

Acquisition of Control—Twin America, 

LLC, STB Docket No. MC–F–21035, 

served and published in the Federal 

Register on September 18, 2009 (74 FR 

47985–86). The Board did not grant 

tentative authority in that proceeding, 

but instead instituted a proceeding to 

address matters raised by the 

application. 

According to Mr. Marmurstein, he 

was previously unaware that under 49 

U.S.C. 14303(a)(5), Board approval is 

required for the acquisition of control of 

a carrier by a person that is not a motor 

passenger carrier, but that controls any 

number of such carriers. Accordingly, 

he is filing this application in 

anticipation of Board approval in STB 

Docket No. MC–F–21035. If the filing in 

STB Docket No. MC–F–21035 is not 

approved, this request is moot. 

Under 49 U.S.C. 14303(b), the Board 

must approve and authorize a 

transaction found to be consistent with 

the public interest, taking into 

consideration at least: (1) The effect of 

the transaction on the adequacy of 

transportation to the public; (2) the total 

fixed charges that result; and (3) the 

interest of the affected carrier 

employees. 

Applicant has submitted the 

information required by 49 CFR 1182.2, 

and submitted a statement that the 12- 

month aggregate gross operating 

revenues of RW Express exceed the 

$2 million jurisdictional threshold of 49 

U.S.C. 14303(g). Applicant states that 

the proposed transaction will not affect 

the adequacy of transportation services 

available to the public because the 

charter/tour bus segment is competitive, 

the proposed transaction will not 

adversely impact competition, and this 

agency’s prior finding regarding low 

entry barriers in this segment continues 

to be accurate. Applicant states that the 

proposed transaction will not adversely 

impact fixed charges because RW 

Express will continue to be controlled 

by Mr. Marmurstein as it was prior to 

this application. According to 

Applicant, the employees of RW 

Express will not be adversely affected. 

Additional information, including a 

copy of the application, may be 

obtained from Applicant’s 

representative. 

On the basis of the application, we 

find that the proposed acquisition is 

consistent with the public interest and 

should be authorized. If any opposing 

comments are timely filed, this finding 

will be deemed vacated, and unless a 

final decision can be made on the record 

as developed, a procedural schedule 

will be adopted to reconsider the 

application. See 49 CFR 1182.6(c). If no 

opposing comments are filed by the 

expiration of the comment period, this 

notice will take effect automatically and 

will be the final Board action. 

Board decisions and notices are 

available on our Web site at: http:// 

www.stb.dot.gov. 

This decision will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered: 

1. The proposed finance transaction is 

approved and authorized, subject to the 

filing of opposing comments. 

2. If timely opposing comments are 

filed, the findings made in this notice 

will be deemed as having been vacated. 

3. This notice will be effective 

November 30, 2009, unless timely 

opposing comments are filed. 

4. A copy of this decision will be 

served on: (1) The U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; (2) 

the U.S. Department of Justice, Antitrust 

Division, 950 Pennsylvania Avenue, 

NW., Washington, DC 20530; and (3) the 

U.S. Department of Transportation, 

Office of the General Counsel, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

Decided: October 13, 2009. 

By the Board, Chairman Elliott, Vice 

Chairman Nottingham, and Commissioner 

Mulvey. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–24931 Filed 10–15–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Ohio 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA 

and other Federal agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

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

actions relate to a proposed highway 

project, the Cleveland Innerbelt Project, 

within the City of Cleveland, Cuyahoga 

County, Ohio. 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
53320 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 

project will be barred unless the claim 

is filed on or before April 14, 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: Mr. 

Herman Rodrigo, Office Director, Office 

of Engineering and Operations, Federal 

Highway Administration, 200 North 

High Street, Room 328, Columbus, Ohio 

43215; telephone: (614) 280–6896; email: ohio.fhwa@dot.gov; FHWA Ohio 

Division Office’s normal business hours 

are 8 a.m. to 4:30 p.m. (eastern time). 

You may also contact Mr. Craig K. 

Hebebrand, PE, Project Manager, Ohio 

Department of Transportation (ODOT), 

District 12, 5500 Transportation Blvd., 

Garfield Heights, Ohio 44125; 

telephone: (216) 584–2113; e-mail: 

Craig.Hebebrand@dot.state.oh.us; 

ODOT District 12’s normal business 

hours are 8 a.m. to 4:30 p.m. (eastern 

time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following major highway 

improvement project in the State of 

Ohio: The Cleveland Innerbelt Project 

provides for the major reconstruction 

and reconfiguration of Interstates 71 and 

90, the I–90/I–77 interchange, the 

intersecting and overlapping local 

roadways, intersections, and 

interchanges, and the transitional 

connections to adjoining radial freeways 

and roadways. The Cleveland Innerbelt 

is routed across the Cuyahoga River 

valley and around the south and east 

sides of downtown Cleveland, Ohio. 

The Project length is approximately 3.24 

miles. The Project’s three main termini 

are located approximately at: (1) The 

merge/diverge point of State Route 176, 

(the Jennings Freeway) and Interstate 71 

southwest of downtown, (2) the 

Pershing Avenue interchange on 

Interstate 77 south of downtown, and; 

(3) east of the Interstate 90/State Route 

2 interchange east of downtown along 

the shore of Lake Erie and adjacent to 

the Burke Lakefront Airport. The 

current estimated Project cost to 

implement Alternative A, the approved 

environmentally preferred alternative, is 

$2.7 to $3.5 billion, based upon 

expected year of expenditure. 

Implementation is expected to occur in 

phases over the period from 2010 to 

2033. The actions by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Cleveland Innerbelt Project, 

CUY—71/90—16.79/14.90, PID 77510, 

Conceptual Alternatives Study, dated 

and accepted on August 11, 2006, the 

Draft Environmental Impact Statement/ 

Section 4(f) Evaluation, approved on 

March 3, 2009, the March 2009 

Interchange Justification Study, the 

Final Environmental Impact Statement/ 

Section 4(f) Evaluation, approved on 

July 22, 2009, and the Record of 

Decision, Section 4(f) Approval, and 

Interchange Justification Study 

Approval issued on September 18, 2009, 

and in other documents specifically 

incorporated into the listed documents 

by reference or by extension which in 

total constitute the Project 

environmental record. The Project 

environmental record and other Project 

records reside within the FHWA and 

ODOT administrative record/Project 

files. Project records are available for 

review by contacting either the FHWA 

or the ODOT at the addresses provided 

above. All of the above records as 

expressly listed are available for review 

on, and for downloading from, the 

Project’s Web site as maintained by the 

ODOT District 12 Office in Garfield 

Heights, Ohio which is located within 

the City of Cleveland metro area. The 

Project Web site address is as follows: 

http://www.dot.state.oh.us/projects/ 

ClevelandUrbanCoreProjects/Innerbelt/ 

Pages/default.aspx. 

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, 23 U.S.C. 128 and 23 U.S.C. 

139]. 

2. Design: Federal-Aid Highway Act 

[23 U.S.C. 101 and 23 U.S.C. 109] 

FHWA, February 11, 1998 Interstate 

Access Policy: Additional Interchanges 

to the Interstate System. 

3. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

4. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Federal-Aid 

Highway Act [23 U.S.C. 138]; 

Landscaping and Scenic Enhancement 

(Wildflowers) [23 U.S.C. 319]. 

5. 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]. 

6. 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)–(11)]; 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]. 

7. 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]. 

8. 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]. 

9. 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: October 1, 2009. 

Patrick A. Bauer, 

Acting Division Administrator, Columbus, 

Ohio. 

[FR Doc. E9–24321 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation Advisory Board 

Notice of Meeting 

Pursuant to Section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463; 5 U.S.C. App. I), notice is 

hereby given of a meeting of the 


jlentini on DSKJ8SOYB1PROD with NOTICES