Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices 14857 

In accordance with section 47107(h) 

of Title 49, United States Code, this 

notice is required to be published in the 

Federal Register 30 days before 

modifying the land-use assurance that 

requires the property to be used for an 

aeronautical purpose. 

DATES: Comments must be received on 

or before April 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Mello, Program Manager, 

2300 East Devon Avenue, Des Plaines, 

IL 60018. Telephone Number 847–294– 

7195/FAX Number 847–294–7046. 

Documents reflecting this FAA action 

may be reviewed at this same location 

by appointment or at the Seymour 

(Freeman) Municipal Airport, 1025 A 

Avenue, Seymour (Freeman) Municipal 

Airport, Seymour, Indiana 47274. 

SUPPLEMENTARY INFORMATION: Following 

is a legal description of the properties 

being released located in Seymour, 

Jackson County, Indiana, and described 

as follows: 

Sections 25 and Section 36 

A part of Sections 25 and Section 36 

all in Township 6 North, Range 5 East, 

in Jackson County, Indiana, and being a 

part of the real estate conveyed to 

Seymour Aviation Commission by 

quitclaim deed recorded in Deed Record 

93, page 405, Office of the Recorder, 

Jackson County, described as follows: 

Beginning at the Southwest corner of 

said Section 25; thence North 0 degrees 

55 minutes and 15 seconds West 

(assumed bearing) 2,579.80 feet along 

the west line of said section to the 

Runway Protection Zone (RPZ) 

northwest of Runway 15–33; thence 

South 54 degrees 16 minutes 48 seconds 

East 370.95 feet along the said RPZ to 

a point that is 400.00 feet southwesterly 

at right angles from the centerline of 

Runway 15–33 feet; thence South 45 

degrees 44 minutes 58 seconds East 

5,252.11 feet parallel with and 400.00 

feet southwesterly of the centerline of 

Runway 15–33; thence South 28 degrees 

40 minutes 22 seconds East 766.96 feet 

to a point that is 640.00 feet 

northwesterly at right angles from the 

centerline of Runway 5–23 feet; thence 

South 44 degrees 14 minutes 11 seconds 

West 2,080.11 feet parallel with and 640 

feet northwesterly of the centerline of 

Runway 5–23 to the RPZ southwest of 

Runway 5–23; thence South 52 degrees 

46 minutes 02 seconds West 1,584.19 

feet along said RPZ; thence South 45 

degrees 45 minutes 49 seconds East 

1,173.63 feet along said RPZ to the 

south line of said Section 36; thence 

South 88 degrees 06 minutes 07 seconds 

West 2,465.34 feet along said south line 

to the Southwest corner of said Section 

36; thence North 0 degrees 35 minutes 

00 seconds West 5,324.46 feet along the 

west line of said Section 36 to the point 

of beginning and containing 81.466 

acres, more or less, in Section 25 and 

380.063 acres, more or less, in Section 

36. Said parcel contains 461.529 acres 

more or less. 

Section 31 

A part of Section 31, Township 6 

North, Range 6 East, and a part of 

Section 36, Township 6 North, Range 5 

East, in Jackson County, Indiana, and 

being a part of the real estate conveyed 

to Seymour Aviation Commission by 

quitclaim deed recorded in Deed Record 

93, page 405, Office of the Recorder, 

Jackson County, described as follows: 

Beginning at the Southeast Corner of 

said Section 31; thence North 1 degree 

21 minutes and 10 seconds West 

(assumed bearing) 1,040.88 feet on and 

along the east line of said Section 31; 

thence North 75 degrees 13 minutes 08 

seconds West 1,251.03 feet; thence 

North 0 degrees 59 minutes 40 seconds 

West 1,825.34 feet; thence North 88 

degrees 35 minutes 21 seconds East 

841.17 feet; thence North 6 degrees 34 

minutes 33 seconds East 968.67 feet; 

thence South 89 degrees 38 minutes 53 

seconds West 2,598.83 feet to a point 

that is 850,00 feet southeasterly at right 

angles from the centerline of Runway 5– 

23; thence South 44 degrees 14 minutes 

11 seconds West 833.80 feet parallel 

with and 850 feet southeasterly of the 

centerline of Runway 5–23; thence 

South 45 degrees 45 minutes 49 seconds 

East 75,00 feet to a point 925.00 feet 

southeasterly at right angles from the 

centerline of Runway 5–23; thence 

South 44 degrees 14 minutes 11 seconds 

West 1,131.87 feet parallel with and 925 

feet southeasterly of the centerline of 

Runway 5–23 to a point that is 400 feet 

northeasterly at right angles to the 

centerline of Runway 15–33; thence 

South 45 degrees 44 minutes 58 seconds 

East 350.00 feet parallel with and 400 

feet northeasterly of the centerline of 

Runway 15–33 to the Runway 

Protection Zone (RPZ) southeast of 

Runway 15–33; thence South 54 degrees 

16 minutes 48 seconds East 707.83 feet 

along the said RPZ; thence South 44 

degrees 15 minutes 02 seconds West 

1,010.00 feet along said RPZ; thence 

North 37 degrees 13 minutes 07 seconds 

West 707.83 feet along said RPZ to a 

point that is 400 feet southwesterly at 

right angles to the centerline of Runway 

15–33; thence North 45 degrees 44 

minutes 58 seconds West 634.80 feet 

parallel with and 400 feet southwesterly 

of the centerline of Runway 15–33 to a 

point that is 640 feet southeasterly at 

right angles from the Centerline of 

Runway 5–23; thence South 44 degrees 

14 minutes 11 seconds West 2,305.01 

feet parallel with and 640 feet 

southeasterly of the centerline of 

Runway 5–23 to the RPZ southwest of 

Runway 5–23; thence South 35 degrees 

42 minutes 21 seconds West 1,059.69 

feet along said RPZ to the south line of 

said Section 36; thence North 88 degrees 

06 minutes 07 seconds East 2,088.04 

feet along said south line to the 

Southeast corner of said Section 36; 

thence North 88 degrees 35 minutes 41 

seconds East 5,133.75 feet along the 

south line of said Section 31 to the point 

of beginning and containing 351.231 

acres, more or less, in Section 31 and 

58.105 acres, more or less, in Section 36. 

Said parcel contains 409.336 acres, 

more or less. 

Issued in Des Plaines, Illinois on, March 2, 

2012. 

Richard Kula, 

Acting Manager, Chicago Airports District 

Office FAA, Great Lakes Region. 

[FR Doc. 2012–6012 Filed 3–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Final Federal Agency Actions on 

Proposed Highway in North Carolina 

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 Gaston East-West Connector, 

from I–85 west of Gastonia in Gaston 

County, North Carolina, to I–485 near 

the Charlotte-Douglas International 

Airport in Mecklenburg County, North 

Carolina. The Gaston East-West 

Connector is also known as State 

Transportation Improvement Program 

Project U–3321. 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 September 10, 2012. 

If the Federal law that authorizes 

judicial review of a claim provides a 

time period of less than 180 days for 

mstockstill on DSK4VPTVN1PROD with NOTICES

14858 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices 

1On January 28, 2011, the Retirement Board 

issued Board Coverage Decision 11–14, finding 

again that RTC is a ‘‘covered employer.’’ 

2Rail-Term Corp. v. R.R. Ret. Bd., No. 11–1093 

(D.C. Cir., filed Nov. 14, 2011). 

filing such claim, then that shorter time 

period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

George Hoops, P.E., Major Projects 

Engineer, Federal Highway 

Administration, 310 New Bern Avenue, 

Suite 410, Raleigh, North Carolina, 

27601–1418, Telephone: (919) 747– 

7022; email: george.hoops@dot.gov. 

FHWA North Carolina Division Office’s 

normal business hours are 8 a.m. to 5 

p.m. (Eastern Time). Ms. Jennifer Harris, 

P.E., Director of Planning and 

Environmental Studies, North Carolina 

Turnpike Authority (NCTA), 1578 Mail 

Service Center, Raleigh, North Carolina, 

27699–1578, Telephone: (919) 707– 

2700; email: jhharris1@ncdot.gov. 

NCTA’s normal business hours are 8 

a.m. to 5 p.m. (Eastern Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA and other 

Federal agencies have taken final agency 

actions by issuing a Record of Decision 

(ROD) for the following highway project 

in the State of North Carolina: The 

Gaston East-West Connector, a 22-mile 

long, multi-lane, fully access-controlled, 

new location toll road. The project is 

also known as State Transportation 

Improvement Program (STIP) Project U– 

3321. The project is also locally known 

as the Garden Parkway. The purpose of 

the proposed action is to improve eastwest transportation mobility in the area 

around the City of Gastonia, between 

Gastonia and the Charlotte metropolitan 

area, and particularly to establish direct 

access between the rapidly growing area 

of southwest Gaston County and 

western Mecklenburg County. 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 December 

21, 2010, and the FHWA Record of 

Decision (ROD) issued on February 29, 

2012 approving the Gaston East-West 

Connector project, and in other 

documents in the FHWA administrative 

record. The FEIS, ROD, and other 

documents in the FHWA administrative 

record file are available by contacting 

the FHWA or NCTA at the addresses 

provided above. The FEIS and ROD can 

be viewed and downloaded from the 

project Web site at www.ncdot.gov/ 

projects/gardenparkway or viewed at 

the offices of the North Carolina 

Turnpike Authority, 1 South 

Wilmington Street, Raleigh, North 

Carolina, 27601. A final decision 

regarding section 404 permits for this 

project has not yet been made. This 

notice, therefore, does not apply to the 

section 404 permitting process for this 

project. 

This notice applies to all Federal 

agency actions and 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]. 

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], Anadromous Fish 

Conservation Act [16 U.S.C. 757(a)– 

757(g)], Fish and Wildlife Coordination 

Act [16 U.S.C. 661–667(d)], Migratory 

Bird Treaty Act [16 U.S.C. 703–712], 

Magnuson-Stevenson Fishery 

Conservation and Management Act of 

1976, as amended [16 U.S.C. 1801 et 

seq.]. 

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)–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]. 

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: 

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)]; Wild and Scenic 

Rivers Act [16 U.S.C. 1271–1287); 

Emergency Wetlands Resources Act [16 

U.S.C. 3921, 3931]; TEA–21 Wetlands 

Mitigation [23 U.S.C. 103(b)(6)(m), 

133(b)(11)]; Flood Disaster Protection 

Act [42 U.S.C. 4001–4128]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) [42 U.S.C. 9601–9675]; 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery 

Act (RCRA) [42 U.S.C. 6901–6992(k)]. 

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 Research, 

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(1)(1). 

Issued on: March 5, 2012 

George Hoops, 

Major Projects Engineer, Federal Highway 

Administration, Raleigh, North Carolina. 

[FR Doc. 2012–6025 Filed 3–12–12; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35582] 

Rail-Term Corp.—Petition for 

Declaratory Order 

On December 14, 2011, Rail-Term 

Corp. (RTC) filed a petition for an order 

declaring that it is not a ‘‘rail carrier’’ 

within the definition at 49 U.S.C. 

10102(5), and therefore not subject to 

the Board’s jurisdiction. The Railroad 

Retirement Board (Retirement Board) 

determines coverage of employers and 

employees under the Railroad 

Retirement Act, 45 U.S.C. 231 et seq. 

(Retirement Act) and the Railroad 

Unemployment Insurance Act, 45 U.S.C. 

351 et seq. (Insurance Act). The 

Retirement Act and Insurance Act both 

define an ‘‘employer’’ as a carrier by rail 

subject to the jurisdiction of the Surface 

Transportation Board (STB or Board). 

See 45 U.S.C. 231(a)(1)(i); 45 U.S.C. 

351(b). The Retirement Board held that 

RTC was a ‘‘covered employer’’ in its 

initial decision and on reconsideration.1

RTC appealed the reconsideration 

decision of the Retirement Board to the 

D.C. Circuit Court of Appeals.2 The D.C. 

Circuit held the petition for review in 

abeyance to allow RTC to petition the 

STB for a declaratory order on the 

question of whether RTC is a rail carrier 

under 49 U.S.C. 10102(5). 

On January 20, 2012, RTC filed a 

request for a procedural schedule. 

mstockstill on DSK4VPTVN1PROD with NOTICES