Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 68021 

carriers. Accordingly the Board may not 

impose labor protective conditions here 

because all of the carriers involved are 

Class III rail carriers. 

If the 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 transaction. 

Petitions for stay must be filed no later 

than November 10, 2010 (at least 7 days 

before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35439, 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 Karl Morell, Ball 

Janik LLP, 1455 F Street, NW., Suite 

225, Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 1, 2010. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–27938 Filed 11–3–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Draft Finding of No Significant Impact 

on the Tier 1 Ohio 3C Quick Start 

Passenger Rail Tier-1 Environmental 

Assessment 

AGENCY: Federal Railroad 

Administration (FRA), United States 

Department of Transportation (DOT). 

ACTION: Notice of availability; request 

for comments on draft Finding of No 

Significant Impact. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969 (NEPA) and the FRA’s Procedures 

for Considering Environmental Impacts 

(FRA Environmental Procedures) (64 FR 

28545, May 26, 1999), the FRA and the 

Ohio Department of Transportation 

(ODOT) and the Ohio Rail Development 

Commission (ORDC) prepared a Tier-1 

Environmental Assessment (Tier-1 EA) 

that evaluates the impacts of the 3C 

Quick Start Passenger Rail Project. 

Based on the Tier-1 EA, the FRA has 

prepared a draft finding of no significant 

impact (draft FONSI) and is inviting the 

public to comment on the draft. 

DATES: Written comments will be 

accepted on or before December 6, 2010. 

Copies of both the Tier-1 EA and draft 

FONSI are available on FRA’s Web site 

at: http://www.fra.dot.gov/Pages/ 

249.shtml and ODOT’s Web site at 

http://www.3CisMe.Ohio.gov. 

ADDRESSES: Please submit written 

comments on the draft FONSI to Ms. 

Judi Craig Parsons Brinckerhoff, 312 

Elm Street, Suite 2500, Cincinnati, Ohio 

45202. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding the draft 

FONSI please contact Wendy 

Messenger, Environmental Protection 

Specialist, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Stop 20, Washington DC 20590, 

Wendy.Messenger@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of the 3C ‘‘Quick Start’’ 

Passenger Rail Project is to reestablish 

intercity conventional speed passenger 

rail service (up to 79 miles per hour) in 

the 3C Corridor and provide a reliable 

train system that links Ohio’s three 

largest cities (Cleveland, Columbus and 

Cincinnati.) The service will deliver 

predictable and consistent travel times. 

It is intended to provide travel options 

and develop the passenger rail market 

for possible further development. To 

achieve these goals ORDC applied for 

Federal funding through the High Speed 

Intercity Passenger Rail Program (HSIPR 

Program) administered by the FRA and 

funded by the American Recovery and 

Reinvestment Act (Recovery Act). 

ORDC’s application under the Recovery 

Act identified the transportation 

benefits of the project as providing 

citizens with additional mobility 

options and a new transportation choice 

for travelers with associated benefits. 

The FRA intends to provide funding 

under the HSIPR Program for this 

project. 

In June 2009, the FRA released the 

HSIPR Program Guidance (Interim 

Guidance) that described the eligibility 

requirements and procedures for 

obtaining funding under the HSIPR 

Program. (74 FR 29900 (June 23, 2009)). 

The Interim Guidance split the funding 

opportunities into four separate tracks. 

The 3C Quick Start Project was 

submitted by ODOT for consideration 

for Track 2 funding. The Interim 

Guidance required Track 2 applicants to 

submit, with their application, a 

‘‘corridor-wide ‘service’ NEPA study, 

such as a programmatic or Tier I EIS.’’ 

(Interim Guidance Section 1.6.2). The 

Interim Guidance went on to explain 

that Tier 1 Environmental Impact 

Statements and some Environmental 

Assessments are programmatic and 

‘‘[a]ddress[ ] actions at a broad level, 

such as a program concept for an entire 

corridor.’’ (Interim Guidance Section 

2.2). 

In order to comply with the 

requirements of the Interim Guidance, 

ODOT and ORDC prepared a Tier-1 or 

‘‘service’’ NEPA document that included 

the analysis of four route alternatives 

including the ‘‘No Build’’ and twelve 

communities with 32 possible station 

sites. The No Build Alternative analyzes 

what would happen if there are no 

improvements on the OH 3C Corridor. 

The alternatives analyses analyze the 

effect on the human and natural 

environments of the improvements that 

involve the four route alternatives, 

twelve communities and 32 possible 

station sites that meet the goals of the 

OH 3C Quick Start Project. The Tier-1 

EA was completed in September, 2009 

and was made available for comment 

between September 25, 2009 and 

October 6, 2009 at http:// 

www.3CisMe.Ohio.gov. Approximately 

7,500 comments were received. 

At the Tier-1 level of review, the FRA 

finds that the 3C Quick Start Passenger 

Rail Project as presented and evaluated 

in the July 2010 Tier-1 EA, satisfies the 

requirements of FRA’s ‘‘Procedures for 

Considering Environmental Impacts’’ 

and will not have a significant impact 

on the quality of the human or natural 

environment, following the 

implementation of the mitigation 

measures detailed in the FONSI and 

those which will be developed during 

the site-specific environmental 

documentation process for specific 

improvements. 

Therefore, FRA has drafted a FONSI 

for the proposed improvements. This 

FONSI based on the Tier-1 EA has been 

prepared to comply with NEPA and the 

FRA’s Environmental Procedures. FRA 

has concluded that the award of Federal 

funds to reestablish the intercity 

passenger rail service on the 3C corridor 

as described in the EA, constitutes a 

major Federal action within the 

meaning of Section 102(c) of NEPA (42 

U.S.C. 4332). Prior to release of 

construction funding for this project, 

ODOT and ORDC will successfully 

complete applicable mitigation 

measures detailed in the draft FONSI 

and complete appropriate project-level 

NEPA evaluations, documentation and 

decision documents and the mitigation 

measures developed thereunder. 

FRA Environmental Procedures 

require that a FONSI be made available 

to the public for not less than 30 days 

when the ‘‘nature of the proposed action 

is one without precedent.’’ Because the 

nature of this project is unprecedented 

and this Tier-1 Level FONSI is 


jlentini on DSKJ8SOYB1PROD with NOTICES
68022 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

contemplated to be one of the first that 

FRA will issue, this notice invites the 

public to comment on the draft FONSI. 

Issued in Washington, DC, on November 1, 

2010. 

Mark E. Yachmetz, 

Associate Administrator for Railroad Policy 

and Development. 

[FR Doc. 2010–27872 Filed 11–2–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Illinois 

AGENCY: Federal Highway 

Administration (FHWA), 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 a proposed highway 

project, Red Gate Road Extension and 

Bridge Crossing over the Fox River 

between Illinois Route 31 and Illinois 

Route 25 in Kane County, Illinois. 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 May 3, 2011. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 180 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Norman R. Stoner, P.E., Division 

Administrator, Federal Highway 

Administration, 3250 Executive Park 

Drive, Springfield, Illinois 62703, 

Phone: (217) 492–4600, E-mail address: 

Norman.Stoner@dot.gov. The FHWA 

Illinois Division Office’s normal 

business hours are 7:30 a.m. to 4:15 p.m. 

You may also contact Ms. Diane 

O’Keefe, P.E., Illinois Department of 

Transportation, Deputy Director of 

Highways, Region One Engineer, 201 

West Center Court, Schaumburg, Illinois 

60196, Phone: (847) 705–4000. The 

Illinois Department of Transportation 

Region One’s normal business hours are 

8 a.m. to 4:30 p.m. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following highway 

project in the State of Illinois: extension 

of Red Gate Road and construction of a 

two-lane bridge and bicycle/pedestrian 

trail across the Fox River from Illinois 

Route 31 (IL 31) to Illinois Route 25 (IL 

25); a distance of 0.5 mile. The actions 

by the Federal agencies, and the laws 

under which such actions were taken, 

are described in the Environmental 

Assessment (EA) for the project 

approved on November 4, 2009; the 

Final Section 4(f) Evaluation approved 

on October 5, 2010; the Finding of No 

Significant Impact (FONSI) issued on 

October 14, 2010; and in other 

documents in the FHWA administrative 

record. The EA, the Final Section 4(f) 

Evaluation, FONSI, and other 

documents in the FHWA administrative 

record file are available by contacting 

the FHWA or the Illinois Department of 

Transportation at the addresses 

provided above. The EA, Final Section 

4(f) Evaluation and FONSI can be 

viewed and downloaded from the 

project Web site at http:// 

www.redgatebridge.org. 

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 and 23 U.S.C. 138]. 

4. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]. 

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.]; Archaeological 

and Historic Preservation Act (AHPA) 

[16 U.S.C. 469–469(c)]. 

6. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

7. Wetlands and Water Resources: 

Clean Water Act (Section 401 and 404) 

[33 U.S.C. 1251–1377]; Wild and Scenic 

Rivers Act [16 U.S.C. 1271–1287]. 

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. 

(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: October 29, 2010. 

Norman R. Stoner, 

Division Administrator, Springfield, Illinois. 

[FR Doc. 2010–27932 Filed 11–3–10; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Air Traffic Procedures Advisory 

Committee 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

SUMMARY: The FAA is issuing this notice 

to advise the public that a new charter 

has been issued for the Federal Aviation 

Administration Air Traffic Procedures 

Advisory Committee (ATPAC). The 

duties of this advisory committee 

include: 

1. To make recommendations for 

standardizing, clarifying, and upgrading 

terminology and procedures, as a result 

of its review of present ATC procedures 

and practices. 

2. To provide advice and make 

recommendations concerning: 

a. New or significantly revised ATC 

procedural concepts. 

b. The adequacy of charts, diagrams, 

and illustrations used to convey 

information concerning the application 

of ATC procedures and their relevance 

to current, revised, or proposed ATC 

procedures and concepts. 

c. Aviation regulations that have an 

impact on present, new, or significantly 

revised ATC procedures and concepts. 

3. To act solely in an advisory 

capacity to accomplish its duties. 

DATES: Effective October 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Ray, ATPAC Executive 

Director, 800 Independence Avenue, 

SW., Washington, DC 20591. Telephone 

(202) 267–9205. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 9(c) of the Federal Advisory 

Committee Act (Pub. L. 92–463; 5 U.S.C. 

App. 2), notice is hereby given of the 

filing of the ATPAC Charter, Effective 

October 29, 2010. 

Issued in Washington, DC, on October 29, 

2010. 

Elizabeth Ray, 

Executive Director, Air Traffic Procedures 

Advisory Committee. 

[FR Doc. 2010–27832 Filed 11–3–10; 8:45 am] 

BILLING CODE 4910–13–P 


jlentini on DSKJ8SOYB1PROD with NOTICES