Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 11169 

12 17 CFR 200.30–3(a)(12). 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSEArca–2009–14 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NYSEArca–2009–14. This 

file number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

Copies of the filing also will be available 

for inspection and copying at the 

principal office of the Exchange. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NYSEArca–2009–14 and 

should be submitted on or before March 

31, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5568 Filed 3–13–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2009–0027] 

Request for Renewal of Currently 

Approved Information Collection: 

Certification of Enforcement of Vehicle 

Size and Weight Laws 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The FHWA invites public 

comments about our intention to request 

the Office of Management and Budget’s 

(OMB) approval for a new information 

collection, which is summarized below 

under SUPPLEMENTARY INFORMATION. We 

are required to publish this notice in the 

Federal Register by the Paperwork 

Reduction Act of 1995. 

DATES: Please submit comments by May 

15, 2009. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

FHWA–2009–0027 by any of the 

following methods: 

Web Site: For access to the docket to 

read background documents or 

comments received go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility, 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. 

Hand Delivery or Courier: U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m. ET, Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: John 

Nicholas (202 366–2317), Department of 

Transportation, Federal Highway 

Administration, Office of Freight 

Management and Operations, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Office hours are from 8 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Certification of Enforcement of 

Vehicle Size and Weight Laws. 

Background: Title 23, U.S.C., section 

141, requires each State, the District of 

Columbia and Puerto Rico to file an 

annual certification that they are 

enforcing their size and weight laws on 

Federal-aid highways and that their 

Interstate System weight limits are 

consistent with Federal requirements to 

be eligible to receive an apportionment 

of Federal highway trust funds. Section 

141 also authorizes the Secretary to 

require States to file such information as 

is necessary to verify that their 

certifications are accurate. To determine 

whether States are adequately enforcing 

their size and weight limits, each must 

submit an updated plan for enforcing 

their size and weight limits to the 

FHWA at the beginning of each fiscal 

year. At the end of the fiscal year, they 

must submit their certifications and 

sufficient information to verify that their 

enforcement goals established in the 

plan have been met. Failure of a State 

to file a certification, adequately enforce 

its size and weight laws and enforce 

weight laws on the Interstate System 

that are consistent with Federal 

requirements, could result in a specified 

reduction of its Federal highway fund 

apportionment for the next fiscal year. 

In addition, section 123 of the Surface 

Transportation Assistance Act of 1978 

(Pub. L. 95–599, 92 Stat.2689, 2701) 

requires each jurisdiction to inventory 

(1) its penalties for violation of its size 

and weight laws, and (2) the term and 

cost of its oversize and overweight 

permits. 

Respondents: The State Departments 

of Transportation (or equivalent) in the 

50 States, the District of Columbia, and 

the Commonwealth of Puerto Rico. 

Frequency: Twice annually. 

Estimated Average Burden per 

Response: Each response will take 

approximately 40 hours. 

Estimated Total Annual Burden 

Hours: The estimated total annual 

burden for all respondents is 4,160 

hours. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FHWA’s performance; 

(2) the accuracy of the estimated 

burdens; (3) ways for the FHWA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized, including the use of 

electronic technology, without reducing 

the quality of the collected information. 

The agency will summarize and/or 

include your comments in the request 

for OMB’s clearance of this information 

collection. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1.48. 

11170 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 

Issued on: March 9, 2009. 

James R. Kabel, 

Chief, Management Programs and Analysis 

Division. 

[FR Doc. E9–5574 Filed 3–13–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Environmental Impact Statement for 

the California High-Speed Train Project 

From San Jose to Merced, CA 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Intent to Prepare an 

Environmental Impact Statement. 

SUMMARY: This notice is to advise the 

public that FRA and the California 

High-Speed Rail Authority (Authority) 

will jointly prepare a project 

Environmental Impact Statement (EIS) 

and project Environmental Impact 

Report (EIR) for the San Jose to Merced 

section of the Authority’s proposed 

California High-Speed Train (HST) 

System in compliance with relevant 

state and federal laws, in particular the 

National Environmental Policy Act 

(NEPA) and the California 

Environmental Quality Act (CEQA). 

In 2005, the Authority and FRA 

completed the first tier California High 

Speed Train Program EIR/EIS and 

approved the statewide HST system for 

intercity travel in California between the 

major metropolitan centers of 

Sacramento and the San Francisco Bay 

Area in the north, through the Central 

Valley, to Los Angeles and San Diego in 

the south. The approved HST system 

would be about 800-miles long, with 

electric propulsion and steel-wheel-onsteel-rail trains capable of maximum 

operating speeds of 220 miles per hour 

(mph) on a mostly dedicated system of 

fully grade-separated, access-controlled 

steel tracks and with state-of-the-art 

safety, signaling, communication, and 

automated train control systems. In 

approving the HST system, the 

Authority and FRA also selected 

preferred corridor alignments and 

station location options throughout 

most of the system. In 2008, the 

Authority and FRA completed a second 

program EIR/EIS to evaluate alignments 

and station locations within the broad 

corridor between and including the 

Altamont Pass and the Pacheco Pass to 

connect the Bay Area and Central Valley 

portions of the HST system. The 

Authority and FRA selected the Pacheco 

Pass with San Francisco and San Jose 

termini network alternative, as well as 

preferred corridor alignments and 

station location options. The selected 

alignment uses the Caltrain rail right-ofway, between San Francisco and San 

Jose along the San Francisco Peninsula, 

through the Pacheco Pass and via Henry 

Miller Road, between San Jose and the 

Central Valley. 

The preparation of the San Jose to 

Merced HST Project EIR/EIS will 

involve development of preliminary 

engineering designs and assessment of 

environmental effects associated with 

the construction, operation, and 

maintenance of the HST system, 

including track, ancillary facilities and 

a Gilroy station, along the Caltrain/ 

UPRR corridor from San Jose to Gilroy, 

through the Pacheco Pass, and via 

Henry Miller Road in the Central Valley. 

DATES: Written comments on the scope 

of the San Jose to Merced HST Project 

EIR/EIS should be provided to the 

Authority by April 10, 2009. Public 

scoping meetings are scheduled from 

March 18, 2009 to March 26, 2009, as 

noted below in Santa Clara and Merced 

Counties. 

ADDRESSES: Written comments on the 

scope of this EIR/EIS should be sent to 

Mr. Dan Leavitt, Deputy Director, 

ATTN: San Jose to Merced, California 

High-Speed Rail Authority, 925 L Street, 

Suite 1425, Sacramento, CA 95814, or 

via e-mail with subject line ‘‘San Jose to 

Merced HST’’ to: comments@hsr.ca.gov. 

Comments may also be provided orally 

or in writing at the scoping meetings 

scheduled at the following locations: 

• Merced Community Senior Center, 

755 W. 15th Street, Merced, California, 

March 18 from 3 p.m. to 7 p.m. (joint 

meeting with the Bakersfield to Merced 

Section) 

• Roosevelt Community Center, 

Community Room B, 901 E Santa Clara 

Street, San Jose, California, March 25, 

2009 from 3 p.m. to 7 p.m. 

• Gilroy Hilton Garden Inn Harvest 

Room, 6070 Monterey Road, Gilroy, 

California, March 26, 2009 from 3 p.m. 

to 7 p.m. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Valenstein, Environmental 

Program Manager, Office of Railroad 

Development, Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE. (Mail Stop 20), 

Washington, DC 20590; Telephone: 

(202) 493–6368, or Mr. Dan Leavitt, 

Telephone: (916) 324–1541 at the above 

noted address. 

SUPPLEMENTARY INFORMATION: The 

Authority was established in 1996 and 

is authorized and directed by statute to 

undertake the planning and 

development of a proposed statewide 

HST network that is fully coordinated 

with other public transportation 

services. The Authority adopted a Final 

Business Plan in June 2000, which 

reviewed the economic feasibility of an 

800-mile-long HST capable of speeds in 

excess of 200 miles per hour on a 

dedicated, fully grade-separated state-ofthe-art track. The Authority released an 

updated Business Plan in November 

2008. 

The FRA has responsibility for 

oversight of the safety of railroad 

operations, including the safety of any 

proposed high-speed ground 

transportation system. For the proposed 

HST, it is anticipated that FRA would 

need to take certain regulatory actions 

prior to operation. 

In 2005, the Authority and FRA 

completed a Final Program EIR/EIS for 

the Proposed California High Speed 

Train System (Statewide Program EIR/ 

EIS), as the first phase of a tiered 

environmental review process. The 

Authority certified the Final Program 

EIR under CEQA and approved the 

proposed HST System, and FRA issued 

a Record of Decision under NEPA on the 

Final Program EIS. This statewide 

program EIR/EIS established the 

purpose and need for the HST system, 

analyzed an HST system, and compared 

it with a No Project/No Action 

Alternative and a Modal Alternative. In 

approving the statewide program EIR/ 

EIS, the Authority and FRA selected the 

HST Alternative, selected certain 

corridors/general alignments and 

general station locations for further 

study, incorporated mitigation strategies 

and design practices, and specified 

further measures to guide the 

development of the HST system at the 

site-specific project level of 

environmental review to avoid and 

minimize potential adverse 

environmental impacts. In the 

subsequent Bay Area to Central Valley 

HST Final Program EIR/EIS, the 

Authority and FRA selected as the 

preferred alternative the Caltrain/UPRR 

corridor between San Jose and Gilroy to 

connect with the San Francisco to San 

Jose section, and the Pacheco Pass and 

Henry Miller Road corridor from Gilroy 

to Merced to connect with the Central 

Valley section of the HST system. 

The San Jose to Merced HST Project 

EIR/EIS will tier from the Final 

Statewide Program EIR/EIS and the 

Final Bay Area to Central Valley HST 

Program EIR/EIS in accordance with 

Council on Environmental Quality 

(CEQ) regulations, (40 CFR 1508.28) and 

State CEQA Guidelines (14 C.C.R. Sec. 

15168[b]). Tiering will ensure that the 

San Jose to Merced HST Project EIR/EIS 

builds upon all previous work prepared 

for and incorporated in the Statewide