19228 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Notices 

Intended effective date: 15 April 2007. 

Barbara J. Hairston, 

Supervisory Docket Officer, Docket 

Operations, Alternate Federal Register 

Liaison. 

[FR Doc. E7–7246 Filed 4–16–07; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending April 6, 2007 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: OST–2007–27815. 

Date Filed: April 4, 2007. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: April 25, 2007. 

Description: Application of Exec Air 

Inc. of Naples Dba. ExecAir requesting 

authority to conduct scheduled 

passenger operations as a commuter air 

carrier. 

Barbara J. Hairston, 

Supervisory Docket Officer, Docket 

Operations, Altenate Federal Register Liaison. 

[FR Doc. E7–7248 Filed 4–16–07; 8:45 am] 

BILLING CODE 4910–9X–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, I–69, 

Evansville to Indianapolis, Indiana, in 

the Counties of Vanderburgh, Warrick, 

Gibson, Pike, Daviess, Greene, Monroe, 

Morgan, Johnson and Marion, State of 

Indiana. The Federal actions, taken as a 

result of a tiered environmental review 

process under the National 

Environmental Policy Act, 42 U.S.C. 

4321–4351 (NEPA), and implementing 

regulations on tiering, 40 CFR 1502.20, 

40 CFR 1508.28, and 23 CFR Part 771, 

determined certain issues relating to the 

proposed project. Those decisions will 

be used by Federal agencies in 

subsequent proceedings, including 

decisions whether to grant licenses, 

permits, and approvals for the highway 

project. The decisions also may be 

relied upon by State and local agencies 

in proceedings on the proposed 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 

October 15, 2007. 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: Mr. Anthony DeSimone, 

P.E., Federal Highway Administration, 

Indiana Division, 575 North 

Pennsylvania Street, Room 254, 

Indianapolis, IN 46204–1576; telephone: 

(317) 226–5307; e-mail: 

Anthony.DeSimone@fhwa.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 1 Final Environmental 

Impact Statement (FEIS) and issued a 

Record of Decision (ROD) in connection 

with a proposed highway project in the 

State of Indiana: I–69 from Evansville to 

Indianapolis, in Vanderburgh, Warrick, 

Gibson, Pike, Daviess, Greene, Monroe, 

Morgan, Johnson and Marion Counties. 

The project will be an approximately 

142 mile long Interstate highway. It will 

begin at the I–64/I–164 interchange just 

north of Evansville, Indiana and end at 

I–465 in Indianapolis, to the west of the 

I–465/SR 37 interchange. The proposed 

freeway will be on both new and 

existing alignment. 

Decisions in the FHWA Tier 1 ROD 

that have final approval include, but are 

not limited to, the following: 

1. Purpose and need for the project 

(see section 3.1). 

2. Range of alternatives for analysis 

(see sections 3.3 and 3.4). 

3. Selection of the Interstate highway 

build alternative and highway corridor 

for the project. The selected alternative, 

referred to in the FEIS as Alternative 3C, 

involves completing I–69 as an 

Interstate highway from Evansville to 

Indianapolis via Oakland City, 

Washington, Crane Naval Surface 

Warfare Center, Bloomington, and 

Martinsville (see section 2.1). This 

alternative includes the use of parts of 

the existing alignment of SR 37 to reach 

I–465 and the route variation known as 

WE2 in the area of Washington, Indiana. 

The ultimate alignment of the highway 

within the corridor, and the location 

and number of interchanges and rest 

areas will be evaluated in the Tier 2 

National Environmental Policy Act 

(NEPA) proceedings. 

4. Elimination of other alternatives 

from consideration in Tier 2 NEPA 

proceedings. The alternatives that will 

not be considered any further include, 

but are not limited to, those identified 

in the Tier 1 FEIS as the ‘‘no build’’

alternative, and alternatives 1, 2A, 2B, 

2C, 3A, 3B, 4A, 4B, 5A, and 5B. Also 

eliminated were a number of hybrids 

and variations on these alternatives, 

including the ‘‘Mann Road Variation’’

for reaching I–465 and variations WW1, 

WW2, and WE1 in the area of 

Washington, Indiana. Detailed 

information about the alternatives 

considered in Tier 1, and about the 

Federal decisions that eliminate 

alternatives other than Alternative 3C 

from further consideration, is available 

in section 3 of the Tier 1 ROD and the 

Tier 1 FEIS sections cited therein. 

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 (see 

section 2.3). 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Notices 19229 

Interested parties may consult the 

Tier 1 ROD and Tier 1 FEIS for details 

about each of the decisions described 

above and for information on other 

issues decided. The documents are 

available as described below. 

Following the completion of the Tier 

1 ROD, interested parties submitted 

comments suggesting that new 

information existed that might affect the 

Tier 1 FEIS analyses and the Federal 

decisions based on those analyses. In 

response, the FHWA reevaluated the 

project and decided that the changes 

that occurred following the ROD did not 

individually or collectively require 

supplementation of the Tier 1 FEIS. 

The Tier 1 FEIS (issued on December 

5, 2003), the Tier 1 ROD (issued on 

March 24, 2004), the FHWA decision 

that supplementation of the Tier 1 FEIS 

is not required (issued on February 12, 

2007), and other documents in the 

project records are available by 

contacting the FHWA or the INDOT at 

the addresses provided above. Interested 

parties also may view or download the 

FHWA Tier 1 FEIS, Tier 1 ROD, the 

decision not to prepare a Tier 1 

supplemental EIS, the related 

reevaluation report, and INDOT 

responses to comments on the 

reevaluation report at the project Web 

site, http://deis.i69indyevn.org/, or by 

contacting FHWA or INDOT at the 

addresses listed above. 

Actions taken by the USFWS, 

pursuant to the Endangered Species Act, 

16 U.S.C. 1531–1544, include its 

concurrence with the FHWA’s 

determination that the I–69 project is 

not likely to adversely affect the eastern 

fanshell mussel (Cyprogenia stegaria) 

and that the project is still likely to 

adversely affect, but not jeopardize, the 

bald eagle. The USFWS concluded that 

the project is not likely to jeopardize the 

continued existence of the Indiana bat 

and is not likely to adversely modify the 

bat’s designated Critical Habitat. The 

USFWS decisions are 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 project records. These 

opinions, and other project records 

relating to the USFWS actions, are 

available by contacting the FHWA, 

INDOT, or USFWS at the addresses 

provided above. The Programmatic 

Biological Opinion can be viewed in the 

Appendices Section and downloaded 

from the project Web site at http:// 

deis.i69indyevn.org/FEIS/index.html 

and the Revised Programmatic 

Biological Opinion can be viewed and 

downloaded from the project Web site at 

http://i69indyevn.org/Corridor_Reports/ 

corridor_reports.html. 

This notice applies to all Federal 

agency decisions that are final within 

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

the issuance date of this notice, and to 

all laws under which such actions were 

taken. The laws include, but are not 

limited to: 

1. National Environmental Policy Act 

(NEPA) [42 U.S.C. 4321–4351]. 

2. Federal-Aid Highway Act [23 

U.S.C. 109 and 23 U.S.C. 128]. 

3. Endangered Species Act [16 U.S.C. 

1531–1544]. 

4. National Historic Preservation Act 

of 1966, as amended [16 U.S.C. 470 et 

seq.]. 

5. Section 4(f) of the Department of 

Transportation Act of 1966 [49 U.S.C. 

303 and 23 U.S.C. 138]. 

6. Clean Air Act [42 U.S.C. 7401–

7671(q)]. 

(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. E7–7231 Filed 4–16–07; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–534 (Sub-No. 3X)] 

Lake State Railway Company—

Abandonment Exemption—Rail Line in 

Otsego County, MI 

On March 28, 2007, the Lake State 

Railway Company (Lake State) filed 

with the Surface Transportation Board a 

petition under 49 U.S.C. 10502 for 

exemption from the provisions of 49 

U.S.C. 10903 to permit the 

abandonment of 4.15 miles of rail line 

in Otsego County, MI. The line includes 

the northernmost portion of the carrier’s 

main line Mackinaw Subdivision 

extending from milepost MP 116.8 

(where the line crosses East McCoy 

Road) to the end of the line at milepost 

MP 120.95 The line traverses U.S. Postal 

Service Zip Code 49735. 

The line does not contain Federally 

granted rights-of-way. Any 

documentation in Lake State’s 

possession will be made available 

promptly to those requesting it. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

By issuance of this notice, the Board 

is instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by July 16, 2007. 

Any offer of financial assistance 

(OFA) under 49 CFR 1152.27(b)(2) will 

be due no later than 10 days after 

service of a decision granting the 

petition for exemption. Each OFA must 

be accompanied by a $1,300 filing fee. 

See 49 CFR 1002.2(f)(25). 

All interested persons should be 

aware that, following abandonment of 

rail service and salvage of the line, the 

line may be suitable for other public 

use, including interim trail use. Any 

request for a public use condition under 

49 CFR 1152.28 or for trail use/rail 

banking under 49 CFR 1152.29 will be 

due no later than May 7, 2007. Each trail 

use request must be accompanied by a 

$200 filing fee. See 49 CFR 

1002.2(f)(27). 

All filings in response to this notice 

must refer to STB Docket No. AB–534 

(Sub-No. 3X), and must be sent to: (1) 

Surface Transportation Board, 395 E. 

Street, SW., Washington, DC 20423–

0001; and (2) Andrew B. Kolestar, 1224 

Seventeenth Street, NW., Washington, 

DC 20036. Replies to the petition are 

due on or before May 7, 2007. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Services at (202) 245–0230 or refer to 

the full abandonment or discontinuance 

regulations at 49 CFR part 1152. 

Questions concerning environmental 

issues may be directed to the Board’s 

Section of Environmental Analysis 

(SEA) at (202) 245–0305. [Assistance for 

the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by SEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its preparation. 

Other interested persons may contact 

SEA to obtain a copy of the EA (or EIS). 

EAs in these abandonment proceedings 

normally will be made available within 

60 days of the filing of the petition. The 

deadline for submission of comments on 

the EA will generally be within 30 days 

of its service. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 6, 2007. 


sroberts on PROD1PC70 with NOTICES