Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices 16439 

2A motion to dismiss has been filed in this 

proceeding. The motion will be addressed in a 

subsequent Board decision. 

a map provided by San Benito, the line 

extends from near Hollister to near 

Carnardero. 

The transaction is scheduled to take 

place in June 2009 or later (after the 

April 26, 2009 effective date of the 

exemption). 

If the notice contains false or 

misleading information, the exemption 

is void ab initio.2 Petitions to reopen the 

proceeding to revoke the exemption 

under 49 U.S.C. 10502(d) may be filed 

at any time. The filing of a petition to 

revoke will not automatically stay the 

transaction. Petitions for stay must be 

filed no later than April 17, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleading, referring to STB Finance 

Docket No. 35225, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on Janie Shang, 

K&L Gates LLP, 1601 K Street, NW., 

Washington, DC 20006. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 6, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–8076 Filed 4–9–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice: Letter of Public Notification of 

the Airports Grants Program Including 

ARRA Requirements; Information 

Collection Activity 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

This request is being submitted to 

OMB via an Emergency Information 

Collection Request. 

SUMMARY: New requirements within the 

American Recovery and Reimbursement 

Act of 2009 have made necessary a 

revision to the OMB-approved 

collection ‘‘Airports Grants Program’’ to 

include further burden. The information 

listed below represents the new totals 

for the complete ‘‘Airports Grants 

Program’’ with the new requirements 

per the American Recovery and 

Reimbursement Act of 2009. 

FOR FURTHER INFORMATION CONTACT: 

Nancy S. Williams, APP–501 at 

Nancy.S.Williams@faa.gov, or 202–267– 

8822. 

SUPPLEMENTARY INFORMATION: 

Title: Airports Grants Program 

Including ARRA Requirements. 

OMB Control Number: 2120–0569. 

Forms(s) 5100–100, 5100–101, 5100– 

108, 5100–126, 5100–127, 5370–1. 

Affected Public: An estimated 1,950 

Respondents. 

Frequency: This information is 

collected on occasion. 

Estimated Average Burden per 

Response: Approximately 9 hours per 

response. 

Estimated Annual Burden Hours: An 

estimated 86,240 hours annually. 

Abstract: The FAA collects 

information from airport sponsors and 

planning agencies in order to administer 

the Airports Grants Program. Data is 

used to determine eligibility, ensure 

proper use of Federal Funds, and ensure 

project accomplishment. 

Issued in Washington, DC, on March 31, 

2009. 

Carla Mauney, 

FAA Information Collection Clearance 

Officer, IT Enterprises Business Services 

Division, AES–200. 

[FR Doc. E9–7914 Filed 4–9–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Office of Commercial Space 

Transportation; Notice of Availability 

and Request for Comment on the Draft 

Programmatic Environmental Impact 

Statement for Streamlining the 

Processing of Experimental Permit 

Applications 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation. 

ACTION: Notice of availability and 

request for comment. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969, as amended (NEPA) (42 U.S.C. 

4321 et seq.), Council on Environmental 

Quality NEPA implementing regulations 

(40 CFR parts 1500–1508), and FAA 

Order 1050.1E, Change 1, the FAA is 

announcing the availability of and 

requesting comments on the Draft 

Programmatic Environmental Impact 

Statement for Streamlining the 

Processing of Experimental Permit 

Applications (PEIS). The FAA Office of 

Commercial Space Transportation is the 

lead Federal agency for the development 

of the PEIS. The National Aeronautics 

and Space Administration and the U.S. 

Air Force are cooperating agencies. 

Under the Proposed Action evaluated in 

the PEIS, 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. 

Under the No Action Alternative, the 

FAA would continue issuing 

experimental permits for the launch and 

reentry of reusable suborbital rockets 

using its present method of analyzing 

environmental consequences case by 

case, without tiering from a 

programmatic document. 

The PEIS examines the potential 

environmental impacts of issuing an 

experimental permit for the operation of 

reusable suborbital rockets anywhere in 

the U.S. and abroad, and the potential 

site-specific impacts of permitted 

launches from seven FAA-licensed 

commercial launch sites: California 

Spaceport, California; Mojave Air and 

Space Port, California; Kodiak Launch 

Complex, Alaska; Mid-Atlantic Regional 

Spaceport, Virginia; Space Florida 

Launch Complex-46 at Cape Canaveral 

Air Force Station, Florida; Oklahoma 

Spaceport, Oklahoma; Spaceport 

America, New Mexico; and one Federal 

range, the Shuttle Landing Facility at 

John F. Kennedy Space Center, Florida. 

Subsequent environmental analyses 

that fall under the scope of the PEIS 

could tier from this document and 

incorporate the findings of the PEIS by 

reference, allowing an applicant and the 

FAA to focus on the relevant and 

unique impacts of an experimental 

permit application. Tiering and 

incorporation by reference would 

streamline the development of 

subsequent environmental analyses in 

accordance with NEPA and FAA Order 

1050.1E. 

The PEIS will not authorize the 

launch or reentry of reusable suborbital 

rockets from launch sites. Individual 

launch operators would be required to 

coordinate with site operators to gain 

access to a site. In addition, the launch 

operators would be required to apply to 

the FAA for an experimental permit, 

which would require an individual 

safety and environmental review. 

DATES: The public comment period for 

the NEPA process begins with the 

publication of the U.S. Environmental 

Protection Agency’s Notice of 

Availability of the Draft PEIS in the 

Federal Register. To ensure that all 

comments can be addressed in the Final 

PEIS, the FAA must receive comments 

no later than May 25, 2009. 

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,