25310 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

CSX intermodal operations at the 

Livernois-Junction Yard; provide the 

opportunity to shift the NS Triple 

Crown operations from Melvindale and 

Willow Run in Romulus to the 

Livernois-Junction Yard; move the CP 

Oak intermodal operation to the 

Livernois-Junction Yard; provide for 

external rail improvements, with 

participation by all four Class I railroads 

in Michigan (NS, CSX, CP, and CN); 

make roadway and yard entry gate 

changes; and provide enhancements to 

the community. The selected 

alternatives are primarily between John 

Kronk and Livernois Avenue in 

Southwest Detroit and east Dearborn, in 

Wayne County, Michigan. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the Final 

Environmental Impact Statement for the 

project approved on December 1, 2009; 

in the FHWA Record of Decision (ROD) 

issued on April 22, 2010; and in other 

project records. The FEIS, ROD, and 

other documents in the FHWA project 

file are available by contacting the 

FHWA. The FHWA FEIS and ROD can 

be viewed and downloaded from the 

project Web site at: http:// 

www.michigan.gov/mdot/0,1607,7-151- 

9621_11058---,00.html or viewed at 

public libraries in the project area. 

This notice applies to all Federal 

agency decisions on the listed projects 

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 [42 U.S.C. 4321–4351]; 

Federal-Aid Act [23 U.S.C. 109]. 

2. Air: Clean Air Act, as amended [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 and Plants: Endangered 

Species Act [16 U.S.C. 1531–1544]. 

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)]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indians Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Act [7 U.S.C. 4201–4209]; the 

Uniform Relocation Assistance and Real 

Property Acquisition Policies of 1970, as 

amended [42 U.S.C. 61]. 

7. Wetlands and Water Resources: 

Clean Water Act [33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319)]; 

Coastal Zone Management Act [14 

U.S.C. 1451–1465]; Land and Water 

Conservation Fund [16 U.S.C. 4601– 

4604]; Safe Drinking Water Act [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [42 U.S.C. 401– 

406]; TEA–21 Wetland 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 [42 U.S.C. 9501–9675]; Superfund 

Amendments and Reauthorization Act 

of 1986 [PL 99–499]; Resource, 

Conservation and Recovery Act [42 

U.S.C. 6901–6992(k)]. 

9. Executive Orders: E.O. 11990, 

Protection of Wetlands; E.O. 11988, 

Floodplains Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority and 

Low Income Populations; E.O. 11593, 

Protection and Enhancement of Cultural 

Resources; E.O. 13007, Indian Sacred 

Sites; E.O. 13112, Invasive Species; E.O. 

13274, Environmental Stewardship and 

Transportation Infrastructure Project 

Reviews. 

(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 30, 2010. 

Russell L. Jorgenson, 

Division Administrator, Federal Highway 

Administration, Lansing, Michigan. 

[FR Doc. 2010–10783 Filed 5–6–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35374] 

Port Harbor Railroad, Inc.—Lease and 

Operation Exemption—Line of Tri-City 

Regional Port District 

Port Harbor Railroad, Inc. (Port 

Harbor), a noncarrier, has filed a 

verified notice of exemption under 49 

CFR 1150.31 to lease from Tri-City 

Regional Port District (Tri-City), and to 

operate, a 2.97-mile line of railroad 

extending between milepost 0.00 and 

milepost 2.97 in Madison County, Ill. 

The transaction is expected to be 

consummated on or after June 10, 2010. 

Port Harbor certifies that its projected 

annual revenues as a result of this 

transaction will not exceed those that 

would qualify it as a Class III rail 

carrier. Port Harbor further certifies that 

its projected annual revenues as a result 

of this transaction will not exceed $5 

million. 

According to Port Harbor, Tri-City is 

not a common carrier and has no 

intention of becoming one. Port Harbor 

states that, at the present time, the 

industries located on Tri-City’s property 

receive service over the rail lines of the 

Terminal Railroad Association of St. 

Louis that end at milepost 0.00. From 

milepost 0.00 to milepost 2.97, service 

is performed by a contractor hired by 

Tri-City to provide switching service. 

Port Harbor explains that the proposed 

transaction will provide more 

coordinated service to shippers by 

licensing Port Harbor as a common 

carrier on the 2.97-mile line and 

through industrial track agreements 

with Port Harbor to provide switching 

service. The lease and operation 

agreement covers all track and railroad 

rights-of-way between milepost 0.00 and 

milepost 2.97, including all 

appurtenances thereto, and any bridges, 

culverts or other structures over which 

such track or tracks may be constructed. 

Port Harbor states that the proposed 

transaction will not involve any 

agreement that would limit future 

interchange traffic with a third-party 

connecting carrier. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions 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 effectiveness of 

the exemption. Stay petitions must be 

filed no later than May 14, 2010 (at least 

7 days before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35374, must be filed with the Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on Andrew P. Goldstein, 

McCarthy, Sweeney & Harkaway, P.C., 

1825 K Street, NW., Suite 700, 

Washington, DC 20006. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: May 3, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–10788 Filed 5–6–10; 8:45 am] 

BILLING CODE 4915–01–P 


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