Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 16913 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application of such requirements would 

be inconsistent with the public interest 

or when satisfactory quality domestic 

steel and iron products are not 

sufficiently available. This notice 

provides information regarding the 

FHWA’s finding that a Buy America 

waiver is appropriate for stainless steel 

clad reinforcing bars used for 

experimental purposes in a Federal-aid 

Bridge construction project 

administered by the Delaware 

Department of Transportation (DelDOT). 

In accordance with Division K, 

section 130 of the ‘‘Consolidated 

Appropriations Act, 2008’’ (Pub. L. 110– 

161), the FHWA published a notice of 

intent to issue a waiver on its Web site 

for experimental use of stainless steel 

clad reinforcing bars for a Federal-aid 

Bridge project in Delaware (http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=29) on 

February 19. The FHWA evaluated 

several comments received in response 

to the notice. Some commenters 

suggested that solid stainless rebar 

should be used and that stainless clad 

rebar may be more expensive than solid 

stainless rebar. Other commenters 

disagreed with this position and stated 

that additional experimental review is 

not required. The Delaware DOT’s 

waiver request is to evaluate the 

stainless clad reinforcing bars, which 

have not previously been used in the 

State, along with two other types of 

corrosion resistant reinforcing steels 

under an experimental project. The use 

of this product in DelDOT’s bridge 

project will enable the State to conduct 

its own evaluation of this product. 

Thus, the FHWA agrees with the 

Delaware DOT that it is in the public 

interest to waive the Buy America 

requirements for this experimental 

project; therefore, the FHWA concludes 

that a Buy America waiver is 

appropriate as provided by 23 CFR 

635.410(c)(1). 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat. 1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the link provided to the 

Delaware waiver page noted above. 

(Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410) 

Issued on April 7, 2009. 

King W. Gee, 

Associate Administrator for Infrastructure, 

Federal Highway Administration. 

[FR Doc. E9–8334 Filed 4–10–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: Erie 

County, NY 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of intent. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that an 

environmental impact statement will be 

prepared for a proposed bridge 

replacement project (PIN 5758.17) 

located in Erie County, New York. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey W. Kolb, P.E., Division 

Administrator, Federal Highway 

Administration, New York Division, Leo 

W. O’Brien Federal Building, 7th Floor 

Room 719, Clinton Avenue and North 

Pearl Street, Albany, New York 12207, 

Telephone: (518) 431–4127; or Alan E. 

Taylor, P.E., Regional Director, 

NYSDOT Region 5; 100 Seneca Street, 

Buffalo NY 14203, Telephone: (716) 

847–3238; or Steven P. Ranalli, P.E., 

Senior Project Manager, Erie Canal 

Harbor Development Corporation 

(ECHDC), 95 Perry Street, 5th Floor, 

Buffalo, NY 14203, Telephone: (716) 

846–8241. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the New 

York State Department of 

Transportation (NYSDOT) and the Erie 

Canal Harbor Development Corporation 

(ECHDC), a subsidiary of the New York 

State Urban Development Corporation 

d/b/a/Empire State Development 

Corporation (ESDC), will prepare an 

environmental impact statement (EIS) in 

accordance with the Safe, Accountable, 

Flexible, Efficient, Transportation 

Equity Act: A Legacy for Users 

(SAFETEA–LU) Section 6002 for a 

National Environmental Policy Act 

(NEPA) ‘‘Class I’’ action on a proposal 

to replace the former South Michigan 

Avenue Bridge in the City of Buffalo, 

Erie County. 

A transportation facility is needed 

that provides a direct link from the 

inner harbor area to the outer harbor 

area and providing local access between 

the two areas while maintaining 

adequate waterway access for 

commercial and recreational craft. The 

facility would be located in one of 

several locations within a 1.5 mile 

corridor extending from a northern 

terminus at the mouth of the Buffalo 

River (in the vicinity of the Erie Basin 

Marina) to a southern terminus near the 

southern navigation limit of the City 

Ship Canal (west of the existing Ohio 

Street Bridge) in the inner and outer 

harbor areas of the City of Buffalo 

(containing various local streets that end 

short of the Buffalo River or the City 

Ship Canal). The range of alternatives 

will include no action and give 

consideration to locations derived from 

previous studies that investigated 

reconnecting the harbor. Alternatives 

under consideration include: (1) Taking 

no action; (2) replacing the South 

Michigan Avenue Bridge on existing 

alignment; and (3) constructing a new 

bridge on new alignment across the 

Buffalo River and/or City Ship Canal. 

Additional input from Participating and 

Cooperating Agencies, and from the 

public, will be necessary before a final 

decision will be made regarding the full 

range of alternatives to be studied. 

Letters describing the proposed action 

and soliciting comments will be sent to 

appropriate Federal, State, and local 

agencies, and to private organizations, 

citizens and other project stakeholders. 

A series of public information meetings, 

including a formal NEPA scoping 

meeting, will be held in the City of 

Buffalo between May 2009 and August 

2011. In addition, a formal NEPA 

scoping meeting and a public hearing 

will be held. Public notice will be given 

of the time and place of the meetings 

and hearings. The draft EIS will be 

available for review and comment by 

the public and agencies. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

16914 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 

Comments or questions concerning this 

proposed action and the EIS should be 

directed to the FHWA, NYSDOT or 

ECHDC at the addresses provided above. 

(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. 315; U.S.C. 771.123. 

Issued on April 7, 2009. 

Jeffrey W. Kolb, 

Division Administrator, New York Division, 

Federal Highway Administration, Albany, 

New York. 

[FR Doc. E9–8392 Filed 4–10–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Commercial Space Transportation 

Advisory Committee—Open Meeting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Commercial Space 

Transportation Advisory Committee 

open meeting. 

SUMMARY: Pursuant to Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463, 5 U.S.C. App. 2), notice 

is hereby given of a meeting of the 

Commercial Space Transportation 

Advisory Committee (COMSTAC). The 

meeting will take place on Thursday, 

May 21, 2009, starting at 8 a.m. at the 

Federal Aviation Administration 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC, in the Bessie Coleman 

Conference Center, located on the 2nd 

Floor. This will be the forty-ninth 

meeting of the COMSTAC. 

The proposed agenda for this meeting 

will focus on discussions concerning 

several critical issues, including: 

—The impact of the current economy on 

the U.S. commercial space 

transportation industry; 

—Space situational awareness, space 

traffic management, and FAA’s role in 

these areas; 

—Identifying the critical issues 

impacting operations at U.S. federal 

and non-federal launch sites that the 

COMSTAC should be considering. 

There will also be briefings on the 

2009 Commercial Space Transportation 

Market Forecasts and discussions and 

activity reports by the chairpersons of 

the COMSTAC working groups. Subject 

to approval, a portion of the May 21st 

meeting will be closed to the public 

(starting at 3:45 p.m.). 

Interested members of the public may 

submit relevant written statements for 

the COMSTAC members to consider 

under the advisory process. Statements 

may be concerning the issues and 

agenda items mentioned above and/or 

additional issues that may be relevant 

for the U.S. commercial space 

transportation industry. Interested 

parties wishing to submit written 

statements should contact Brenda 

Parker, DFO, (the Contact Person listed 

below) in writing (mail or e-mail) by 

May 1, 2009, so that the information can 

be made available to COMSTAC 

members for their review and 

consideration prior to the May 21st 

meeting. Written statements should be 

supplied in the following formats: one 

hard copy with original signature and/ 

or one electronic copy via e-mail. 

An agenda will be posted on the FAA 

Web site at http://ast.faa.gov. For 

specific information concerning the 

times and locations of the COMSTAC 

working group meetings, contact the 

Contact Person listed below. 

Individuals who plan to attend and 

need special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

inform the Contact Person listed below 

in advance of the meeting. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Parker (AST–100), Office of 

Commercial Space Transportation 

(AST), 800 Independence Avenue, SW., 

Room 331, Washington, DC 20591, 

telephone (202) 267–3674; E-mail 

brenda.parker@faa.gov. Complete 

information regarding COMSTAC is 

available on the FAA Web site at: 

http: 

//www.faa.gov/about/office_org/ 

headquarters_offices/ast/ 

advisory_committee/. 

Issued in Washington, DC, April 6, 2009. 

George C. Nield, 

Associate Administrator for Commercial 

Space Transportation. 

[FR Doc. E9–8367 Filed 4–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte 680 (Sub-No. 1)] 

Supplemental Report to the U.S. 

Surface Transportation Board on 

Capacity and Infrastructure Investment 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice. 

SUMMARY: The Surface Transportation 

Board seeks written public comments 

on the independent study prepared by 

Christensen Associates, Inc., entitled 

Supplemental Report to the U.S. Surface 

Transportation Board on Capacity and 

Infrastructure Investment, released on 

April 8, 2009 (Report). This report 

supplements an earlier report by 

Christensen Associates, released in 

November 2008, A Study of Competition 

in the U.S. Freight Railroad Industry 

and Analysis of Proposals That Might 

Enhance Competition. 

DATES: Comments are due on or before 

May 8, 2009. Replies to comments are 

due by May 28, 2009. 

ADDRESSES: Comments and replies may 

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

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the EFILING link on the Board’s Web site at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies referring to STB Ex Parte 

No. 680 (Sub-No. 1) to: Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Strafford, (202) 245–0356. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at: 

(800) 877–8339.] 

SUPPLEMENTARY INFORMATION: In 

September 2007, the Board awarded a 

contract to Christensen Associates to 

conduct an independent study that 

provides a comprehensive analysis of a 

wide range of issues including 

competition, capacity, and the interplay 

between the two. After the study was 

released, the Board held a public 

meeting on November 6, 2008, with 

Christensen Associates to discuss it. 

In August 2008, to supplement this 

study, the Board called for an analysis 

of long-term forecasts of freight rail 

demand, particularly the U.S. 

Department of Transportation’s Freight 

Analysis Framework (FAF). The Board 

requested a review of FAF and 

augmentation of FAF to permit greater 

incentive-based responses by economic 

agents and to test the sensitivity of FAF 

to key inputs, such as fuel prices and 

rates. 

The Report compares the FAF 

commodity flow forecasts to other 

macroeconomic and commodity-specific 

forecasts to develop alternative forecast 

scenarios of future freight rail volumes. 

The Report also analyzes the 2007 

Cambridge Systematics study that used 

the FAF commodity flow forecasts to