16440 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices 

ADDRESSES: Comments submitted by 

mail should be addressed to Ms. Stacey 

M. Zee, FAA Environmental Specialist, 

FAA Experimental Permits PEIS, c/o 

ICF International, 9300 Lee Highway, 

Fairfax, VA 22031. Comments may be 

submitted via electronic mail to PEIS– 

Experimental-Permits@icfi.com. 

Comments also may be submitted via 

fax to (703) 934–3951. 

The Draft PEIS may be viewed at the 

following locations: 

Alaska 

Chiniak Public Library, Mile 41, 

Chiniak, AK 99615. 

Kodiak Library, 319 Lower Mill Bay 

Road, Kodiak, Alaska 99615. 

California 

Kern County Library, 9507 California 

City Blvd., California City, CA 93505. 

Lompoc Library, 3755 Constellation Rd., 

Lompoc, CA 93436. 

Lompoc Public Library, 501 E North 

Ave., Lompoc, CA 93436. 

Mojave Public Library, 16916–1/2 

Highway 14, Mojave, CA 93501. 

Florida 

Merritt Island Public Library, 1195 

North Courtenay Parkway, Merritt 

Island, FL 32953. 

Titusville Public Library, 2121 S. 

Hopkins Ave., Titusville, FL 32780. 

New Mexico 

Truth or Consequences Library, 325 

Library Lane, Truth or Consequences, 

NM 87901. 

Hatch Public Library, 503 E Hall St., 

Hatch, NM 87937. 

Oklahoma 

Clinton Public Library, 721 Frisco Ave., 

Clinton, OK 73601. 

Elk City Carnegie Library, 221 West 

Broadway, Elk City, OK 73644. 

Virginia 

Island Library, 4077 Main St., 

Chincoteague, VA 23336. 

Eastern Shore Public Library, 23610 

Front St., Accomac, VA 23301. 

The FAA also sent the Draft PEIS to 

interested persons and agencies shown 

on the distribution list in Chapter 8 of 

the PEIS. The Draft PEIS, along with the 

Notice of Intent (NOI) to prepare the 

Draft PEIS, are available on the Internet 

in Adobe® portable document format at 

http://www.faa.gov/about/office_org/ 

headquarters_offices/ast/ 

environmental/review/ 

documents_progress/. 

Additional Information: Under the 

Proposed Action, the FAA would issue 

experimental permits for the launch and 

reentry of reusable suborbital rockets 

from both FAA-licensed and nonlicensed launch sites using the PEIS as 

the basis for determining the potential 

environmental consequences of issuing 

experimental permits. An experimental 

permit would implement the 

appropriate safety requirements as 

defined in 14 CFR part 437. A permit 

would be valid for 1 year and would 

authorize an unlimited number of 

launches and reentries of a particular 

reusable suborbital rocket design from a 

specified site(s). A permittee could 

renew the permit by submitting a 

written application to the FAA for 

renewal at least 60 days before the 

permit expired. 

Based on the FAA’s review of past 

activities and consultations with various 

organizations in the commercial space 

industry, the FAA projected that a 

maximum of 1,000 launch and reentry 

events could occur annually at any one 

location from 2009 to 2014. The FAA 

used this estimate to develop an upper 

bound to assess the potential impacts of 

the Experimental Permit Program. In 

some cases, the maximum number of 

events analyzed in the PEIS for specific 

sites are fewer than 1,000 if the site 

cannot support all of the flight profiles 

identified in the PEIS. The estimates 

used in the PEIS are extremely 

conservative and the actual number of 

launches per year would likely be 

lower. 

The PEIS considers activities 

associated with the launch and reentry 

of reusable suborbital rockets, including 

pre-flight activities, flight profile 

(takeoff, flight, and landing), and postflight activities (vehicle safing). The 

general suborbital rocket designs 

addressed in the PEIS include vehicles 

resembling conventional aircraft—30 to 

140 feet long with unfueled weight of 

up to 9,921 pounds; vehicles resembling 

conventional rockets—6 to 33 feet long 

with unfueled weight of up to 5,500 

pounds; and vehicles that hover—up to 

20 feet in length or diameter with 

unfueled weight of up to 4,400 pounds. 

To assess potential impacts of the 

Experiment Permit Program, the PEIS 

also considers the approximate 

proportions of general reusable 

suborbital rocket flight profiles, as 

follows: (1) Horizontal takeoff (rocket or 

jet powered), flight, and horizontal 

landing (glide or jet powered); (2) 

vertical takeoff (rocket powered), flight, 

and vertical landing (rocket powered or 

parachute); and (3) rocket powered 

hovering flights (vertical takeoff and 

landing). 

The PEIS analyzes the potential 

environmental effects of permitted 

launches on the impact categories 

described in FAA Order 1050.1E, 

Change 1. The PEIS does not analyze 

environmental consequences specific to 

construction because the Proposed 

Action and No Action Alternative do 

not involve construction activities. The 

PEIS also addresses potential 

cumulative impacts of the Proposed 

Action. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacey M. Zee, FAA Environmental 

Specialist, FAA Experimental Permits 

PEIS, c/o ICF International, 9300 Lee 

Highway, Fairfax, VA 22031; e-mail 

PEIS–Experimental-Permits@icfi.com; or 

fax (703) 934–3951. 

Issued in Washington, DC, on March 26, 

2009. 

Michael McElligott, 

Manager, Space Systems Development 

Division. 

[FR Doc. E9–7913 Filed 4–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Actions on the 

Kosciuszko Bridge (Interstate 278) 

Over Newtown Creek, Kings and 

Queens Counties, NY 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (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 the proposed highway 

project and the replacement of the 

Kosciuszko Bridge over Newtown Creek. 

Those actions grant licenses, permits, 

and approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of the 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 October 7, 2009. If 

the federal law that authorizes judicial 

review of a claim provides a time period 

less than 180 days for filing such claim, 

then the shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Kolb, P.E., Division 

Administrator, Federal Highway 

Administration, New York Division, Leo 

W. O’Brien Federal Building, Suite 719, 

Clinton Avenue and North Pearl Street, 

Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices 16441 

Albany, New York 12207, Telephone: 

518–431–4127. 

Or 

Norik Tatevossian, P.E., Director of 

Structures, New York State Department 

of Transportation, Region 11, Hunters 

Point Plaza, 47–40 21st Street, Long 

Island City, NY 11101, Telephone: 718– 

482–4683. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA, and other 

Federal agencies have taken their final 

agency actions subject to 23 U.S.C. 

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

and approvals for the following highway 

project in the State of New York: The 

Kosciuszko Bridge (Interstate 278) over 

Newtown Creek, Kings and Queens 

Counties. The preferred environmental 

alternative replaces the existing bridge, 

building a new permanent, parallel 

bridge on the eastbound (Queensbound) side of the existing bridge. The 

new bridge will be built at a lower 

elevation to allow for reduced grades. 

When completed, the Kosciuszko Bridge 

will include auxiliary lanes in both 

directions, carrying five lanes of 

eastbound traffic and four lanes of 

westbound traffic, and have standard 

lane widths and shoulders. The new 

bridge will also include a bikeway/ 

walkway on the north side of the bridge. 

The selected alternative provides 

superior safety, operational, and 

structural improvements compared with 

the other build alternatives, while 

minimizing adverse social, economic, 

and environmental impacts to the extent 

practicable. 

The new bridge will be constructed at 

a lower elevation, decreasing the 

vertical clearance over Newtown Creek 

from 38 m (125′–0′′) to approximately 27 

m (88′–6′′), to improve traffic safety and 

operations on the bridge by decreasing 

the steep roadway grades. The reduced 

grades will significantly improve the 

vertical stopping sight distance on the 

main span of the bridge, meeting the 

current interstate highway standard. As 

described in the Final EIS, constructing 

the new bridge 11 m (36 ft) lower than 

the existing bridge will not impede 

maritime traffic on the creek. The 

project will also include the 

construction of a new bikeway/walkway 

on the north side of the westbound 

(Brooklyn-bound) structure and 

substantial increases in both the quality 

and quantity of parkland (with both 

active and passive recreation features) 

in the project area, between four and 

five times over existing park space. 

Other mitigation measures include 

streetscaping enhancements along all 

streets to be reconstructed as part of the 

project, including new tree plantings, 

reconstructed sidewalks, new street 

lighting, improved crosswalks, and 

better pedestrian sightlines. In addition, 

boat launches for small, non-motorized 

boats on each side of Newtown Creek 

will be provided. 

The actions taken by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Final Environmental Impact 

Statement (FEIS) issued on November 

25, 2008 and in the FHWA Record of 

Decision (ROD) issued on March 3, 

2009. The FEIS, ROD, and other project 

records are available by contacting the 

FHWA or the New York State 

Department of Transportation at the 

addresses provided above, or they can 

be viewed and downloaded at the 

project Web site (https:// 

www.nysdot.gov/regional-offices/ 

region11/projects/kosciuszko-bridgeproject), or viewed at public libraries in 

the project area. 

This notice applies to all Federal 

agency decisions related to the 

replacement of the Kosciuszko Bridge 

over Newtown Creek project as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including but not limited to: 

1. National Environmental Policy Act 

[42 U.S.C. 4321–4351]. 

2. Federal-Aid Highway Act [23 

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

3. Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

4. Section 4(f) of the Department of 

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

303]. 

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

1531–1544 and Section 1536]. 

6. Fish and Wildlife Coordination Act 

[16 U.S.C. 661–667(d)]. 

7. Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

8. Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]. 

9. Civil Rights Act of 1964 [42 U.S.C. 

2000(d)–2000(d)(1)]. 

10. Farmland Protection Policy Act [7 

U.S.C. 4201–4209]. 

11. Wetlands and Water Resources: 

Clean Water Act (Section 404, Section 

401, Section 319) [33 U.S.C. 1251–1377] 

12. Land and Water Conservation 

Fund [16 U.S.C. 4601–4604]. 

13. Rivers and Harbors Act of 1899 

[33 U.S.C. 401–406]. 

14. Executive Order 11990 Protection 

of Wetlands. 

15. Executive Order 11988 Floodplain 

Management. 

16. Executive Order 12898, Federal 

Actions to Address Environmental 

Justice Minority Populations and Low 

Income Populations. 

(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 April 2, 2009. 

Jeffrey W. Kolb, 

Division Administrator, Federal Highway 

Administration, Albany, New York. 

[FR Doc. E9–8191 Filed 4–9–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 431 (Sub-No. 3)] 

Review of the Surface Transportation 

Board’s General Costing System 

AGENCY: Surface Transportation Board. 

ACTION: Notice of public hearing. 

SUMMARY: The Surface Transportation 

Board will hold a public hearing 

beginning at 9 a.m. on Thursday, April 

30, 2009, at its headquarters in 

Washington, DC. The purpose of the 

public hearing will be to examine issues 

related to the Board’s Uniform Railroad 

Costing System (URCS). Persons 

wishing to speak at the hearing should 

notify the Board in writing. 

DATES: The public hearing will take 

place on Thursday, April 30, 2009. Any 

person wishing to speak at the hearing 

should file with the Board a combined 

written notice of intent to participate 

(identifying the party, the proposed 

speaker, the time requested, and topic(s) 

to be covered) and their written 

testimony as soon as possible, but no 

later than April 23, 2009. Written 

submissions by interested persons who 

do not wish to appear at the hearing will 

also be due by April 23, 2009. 

ADDRESSES: All combined notices of 

intent to participate and testimony may 

be submitted either via the Board’s efiling format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the Board’s http:// 

www.stb.dot.gov Web site, at the ‘‘E– 

FILING’’ link. Any person submitting a 

filing in the traditional paper format 

should send an original and 10 copies 

of the filing to: Surface Transportation 

Board, Attn: STB Ex Parte No. 431 (SubNo. 3), 395 E Street, SW., Washington, 

DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. Strafford, (202) 245–0356. 

[Assistance for the hearing impaired is 

available through the Federal