60164 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Shared-Use Path in New 

York State 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA. 

SUMMARY: This notice announces actions 

taken by the FHWA, USACE, and other 

Federal agencies that are final within 

the meaning of 23 U.S.C. 139(l)(1). The 

actions relate to a proposed Shared-Use 

Path Construction Project: PIN 4760.35 

Auburn Trail Extension, Town of Victor, 

Ontario County, New York State. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of 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 180 days after 

publication of this notice in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA: Mr. Jeffrey W. Kolb, Division 

Administrator, Federal Highway 

Administration, Leo W. O’Brien 

Building, Suite 719, Clinton Avenue 

and North Pearl Street, Albany, New 

York 12207; telephone: (518) 431–4121; 

e-mail: NewYork.fhwa@dot.gov. The 

FHWA New York Division Office’s 

normal business hours are 7:45 a.m. to 

4:15 p.m. (eastern time). For New York 

State Department of Transportation, Mr. 

Robert Traver, Acting Regional Director, 

1530 Jefferson Road, Rochester New 

York, 14623; telephone: (585) 272–3310. 

For the Town of Victor, Jack Marren, 

Supervisor, Town of Victor Town Hall, 

85 East Main Street, New York 14564; 

telephone: (585) 924–3311. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA has taken 

final agency actions subject to 23 U.S.C. 

139(l)(1) by issuing a Finding of No 

Significant Impact (FONSI) for the 

following trail project in the State of 

New York: PIN 4760.35 Auburn Trail 

Extension, Town of Victor, Ontario 

County. The project is a portion of the 

Auburn Trail located in the northwest 

quadrant of the Town of Victor, Ontario 

County with a small portion in the 

Towns of Perinton and Pittsford, 

Monroe County. The project begins at 

Main Street in the Hamlet of Fischers 

and extends northerly to Woolston Road 

in Monroe County for a total length 

including the connection to Powder 

Mills Park of 2.5 miles. The project 

primarily provides for the construction 

of an 8-foot wide Two-Way Shared-Use 

Path with 2-foot wide graded grass 

shoulders on either side and is further 

described under Alternative #5 in the 

June 2010 Final Design Report/ 

Environmental Assessment. The 

proposed Shared-Use Path will be built 

on an old railroad embankment 

currently under permanent easement by 

the Town of Victor. The actions by the 

Federal Highway Administration, and 

the laws under which such action was 

taken, are described in the Final Design 

Report/Environmental Assessment for 

the project, approved on July 26, 2010 

and in the FHWA Finding of No 

Significant Impact (FONSI) issued on 

September 22, 2010 and published in 

the Federal Register. The FONSI, and 

other project records are available by 

contacting the FHWA, the New York 

State Department of Transportation or 

the Town of Victor at the addresses 

provided above. The FHWA FONSI can 

be viewed and downloaded from the 

project Web site at http:// 

www.victorny.org or viewed at public 

libraries in the project area. 

This notice applies to all Federal 

agency decisions 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 (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

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

2. Air: Clean Air Act [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: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Marine Mammal Protection Act 

[16 U.S.C. 1361]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

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)–470(ll)]; Archeological 

and Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

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

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

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Clean Water Act (Section 404, Section 

401, Section 319) [33 U.S.C. 1251– 

1377]; Land and Water Conservation 

Fund (LWCF) [16 U.S.C. 4601–4604]; 

Safe Drinking Water Act (SDWA) [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [33 U.S.C. 401– 

406]; Wild and Scenic Rivers Act [16 

U.S.C. 1271–1287]; Emergency 

Wetlands Resources Act, [16 U.S.C. 

3921, 3931]; Wetlands Mitigation [23 

U.S.C. 103(b)(6)(M) and 133(b)(11)]; 

Flood Disaster Protection Act, 42 U.S.C. 

4001–4128. 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(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: September 22, 2010. 

Jeffery W. Kolb, 

New York Division Administrator, Albany. 

[FR Doc. 2010–24249 Filed 9–28–10; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–42] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Title 14, 

Code of Federal Regulations (CFR) part 

25. The purpose of this notice is to 

improve the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 


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