25798 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

with a Federal Register notice notifying 

the public that project activity has been 

terminated. As always, FHWA 

encourages State DOTs to work with 

their FHWA Division Office to 

determine when it is most prudent to 

initiate an EIS in order to best balance 

available resources as well as the 

expectations of the public. 

The FHWA is issuing this notice to 

advise the public that 12 States 

(California, Colorado, Idaho, Indiana, 

Massachusetts, Minnesota, Mississippi, 

Missouri, New York, Ohio, 

Pennsylvania, Tennessee) have recently 

rescinded previously issued NOIs for 17 

EISs for proposed highway projects. A 

listing of these projects, general 

location, original NOI date of 

publication in the Federal Register, and 

the date that the NOI was formally 

rescinded by notice published in the 

Federal Register, is provided below. 

The FHWA Division Offices, in 

consultation with the State DOTs, 

determined that eight of these projects 

were no longer viable projects and have 

formally cancelled those projects. The 

projects are: Northwest Corridor/ 

Northwest Parkway project in 

Broomfield and Jefferson Counties, 

Colorado; TH 169 in Millie Lacs and 

Crow Wing Counties, Minnesota; TH 10 

project in Sherburne County, 

Minnesota; TH 10 in Otter Tail and 

Wadena Counties, Minnesota; TH 14 in 

Olmsted County, Minnesota; I 55 

connection to I 20 in Hinds and 

Madison Counties, Mississippi; 

improvements to the transportation 

system in Lawrence, Christian and 

Greene Counties, Missouri; and US–127 

and SR–63/SR–4 Interchange highway 

improvements near Trenton in Butler 

County, Ohio. 

The FHWA Division Offices, in 

consultation with the State DOTs, 

determined that seven projects should 

be reevaluated and, or reduced in scope. 

In California, the US 395 project from I 

15 to Farmington Road in San 

Bernardino County is being reduced in 

scope; the I 5 HOV Truck Lanes project 

between SR 14 and Parker Road in Los 

Angeles County has been reviewed and 

will now be processed with an EA. In 

Idaho, the I 84 Karcher Interchange 

project in Ada and Canyon Counties 

will now most likely be processed as an 

EA. In Indiana, the proposed relocation 

of railroad lines in Knox County, 

Indiana and Lawrence County, IL will 

be reduced in scope. In Massachusetts, 

the Berkley-Dighton Bridge over the 

Taunton River, Bristol County project 

has been reduced in scope and now 

meets the criteria for a CE. In New York, 

the Millennium Parkway project in 

Chautauqua County has been reduced in 

scope and now meets the criteria for a 

CE. In Pennsylvania, SR 56 in 

Johnstown has been reduced in scope 

and now meets the criteria for a CE. 

In addition, the FHWA Division 

Office, in consultation with the State 

DOT, determined that two projects in 

Tennessee had changed project limits 

and impacts therefore it was best to 

rescind the original NOIs and issue new 

NOIs. The SR 374 project from SR 13 to 

SR 76 in Montgomery County, 

Tennessee will reissue an NOI. The 

North Second Street Connector project 

in Shelby County issued a new NOI on 

February 5, 2009. 

State Project name—location NOI date Rescinded 

date 

CA .................................. U.S. 395 Realignment—San Bernardino County ........................................................ 7/5/2006 10/30/2008 

CA .................................. Interstate 5 (I–5) HOV Truck Lanes SR14 and Parker Road Interchange—Los Angeles County.5/10/2007 11/10/2008 

CO .................................. Northwest Corridor/Northwest Parkway—Broomfield and Jefferson Counties ........... 7/21/2003 7/1/2008 

ID ................................... I 84 Karcher Interchange—Ada and Canyon Counties .............................................. 7/17/2007 7/17/2008 

IN ................................... Railroad Line Relocations—Knox County, Indiana and Lawrence County Illinois ..... 3/16/2007 11/25/2008 

MA .................................. Berkley-Dighton Bridge over the Taunton River—Bristol County ............................... 10/9/1985 6/19/2008 

MN ................................. TH 169—Mille Lacs and Crow Wing Counties ........................................................... 7/17/2000 

2/4/2002 

7/8/2009 

MN ................................. Tier 1—TH 10—Sherburne County ............................................................................. 7/28/2003 10/10/2008 

MN ................................. TH 10—Otter Tail and Wadena Counties ................................................................... 3/27/2003 10/10/2008 

MN ................................. TH 14—Olmstead County ........................................................................................... 10/7/2002 10/10/2008 

MS .................................. Interstate Facility Connecting I–55 with I–20—Hinds and Madison Counties ............ 8/10/2007 10/1/2008 

MO ................................. Transportation System in Lawrence Christian and Green Counties .......................... (1) 1/23/2009 

NY .................................. Millennium Parkway Project Chautauqua County ....................................................... 12/27/2007 3/3/2009 

OH .................................. Highway Improvement Project US–127 and SR–63/SR–4 Interchange—Trenton, 

Butler County.

10/6/2000 6/30/2008 

PA .................................. SR 56—Johnstown ...................................................................................................... 7/14/2001 10/l/2008 

TN .................................. State Route 374, State Route 13, State Route 76—Montgomery County ................. 11/12/1996 12/24/2008 

TN .................................. North Second Street Connector—Shelby County ....................................................... 11/2/2002 12/24/2008 

1 Unknown. 

(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.) 

Issued on: May 14, 2009. 

Jeffrey F. Paniati, 

Acting Deputy Federal Highway 

Administrator. 

[FR Doc. E9–12526 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35249] 

Kern W. Schumacher—Continuance in 

Control Exemption—Granada Railway, 

LLC and Natchez Railway, LLC 

Kern W. Schumacher (Mr. 

Schumacher), a noncarrier, has filed a 

verified notice of exemption under 49 

CFR 1180.2(d)(2) to continue in control 

of Grenada Railway, LLC (Grenada), and 

Natchez Railway, LLC (Natchez), upon 

Grenada’s and Natchez’s becoming Class 

III rail carriers. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35247, Grenada Railway, LLC— 

Acquisition and Operation Exemption— 

Illinois Central Railroad Company and 

Waterloo Railway Company, wherein 

Grenada seeks to acquire from the 

Illinois Central Railroad Company (ICR) 

and to operate an approximately 175.4- 

mile rail line between milepost 403.0 at 

Southhaven, MS, and milepost 703.8 

near Canton, MS, and to acquire from 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25799 

1STB Finance Docket No. 35249 is also related to 

STB Finance Docket No. 35247, Grenada Railway, 

LLC—Acquisition and Operation Exemption— 

Illinois Central Railroad Company and Waterloo 

Railway Company, wherein Grenada has filed a 

notice of exemption to acquire and operate lines of 

ICR and Waterloo Railway Company. 

Waterloo Railway Company (WLOO) 

approximately 11.42 miles of line 

between milepost 603.0 at Water Valley 

Junction, MS, and milepost 614.42 at 

Bruce Junction, MS. This transaction is 

also related to STB Finance Docket No. 

35248, Natchez Railway, LLC— 

Acquisition and Operation Exemption— 

Illinois Central Railroad Company, 

wherein Natchez seeks to acquire from 

ICR and to operate approximately 65.6 

route miles of rail line between milepost 

86.0 near Brookhaven, and milepost 

148.34 in Natchez, including the 

International Paper Spur in Natchez, all 

in Mississippi. 

The transactions are scheduled to be 

consummated on or after June 12, 2009 

(30 days after the notices of exemption 

were filed). 

Mr. Schumacher is a noncarrier that 

currently controls four rail carriers: the 

Tulare Valley Railroad Company; Kern 

Valley Railroad Company; V&S 

Railroad, Inc.; and Gloster Southern 

Railroad Company LLC. Mr. 

Schumacher states that Grenada and 

Natchez are two newly organized Class 

III rail carriers. Under the purchase 

agreement between Grenada, ICR, and 

WLOO, ICR granted Grenada the right to 

operate on its tracks to Memphis, TN, 

on the north, and to Canton on the south 

for the sole purpose of interchanging 

traffic with ICR. Also, ICR will retain 

overhead trackage rights on the line of 

railroad it is selling to Grenada. 

Mr. Schumacher states that: (1) The 

rail lines to be acquired do not connect 

with each other or with the lines of any 

other railroad controlled by Mr. 

Schumacher; (2) the continuance in 

control is not part of a series of 

anticipated transactions that would 

connect the rail lines with each other or 

with any railroads controlled by Mr. 

Schumacher; and (3) the transaction 

does not involve a Class I railroad. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

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. Petitions for stay must 

be filed no later than June 5, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35249, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy must be served 

on Fritz R. Kahn, Fritz R. Kahn, P.C., 

1920 N Street, NW., Eighth Floor, 

Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: May 21, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–12366 Filed 5–28–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35248] 

Natchez Railway, LLC—Acquisition 

and Operation Exemption—Illinois 

Central Railroad Company 

Natchez Railway, LLC (Natchez), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire and operate approximately 65.6 

route miles of rail line owned by Illinois 

Central Railroad Company (ICR) 

between milepost 86.0 near Brookhaven, 

MS, and milepost 148.34 in Natchez, 

MS, including the International Paper 

Spur in Natchez. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35249, Kern W. Schumacher— 

Continuance in Control Exemption— 

Grenada Railway, LLC and Natchez 

Railway, LLC, wherein Kern W. 

Schumacher seeks to continue in 

control of Grenada Railway, LLC 

(Grenada), and Natchez Railway, LLC, 

upon their becoming Class III rail 

carriers.1

The transaction is expected to be 

consummated on or shortly after June 

12, 2009 (30 days after the exemption 

was filed). 

Natchez certifies that, as a result of 

the proposed transaction, it will not 

become a Class II or Class I rail carrier 

and further certifies that its projected 

annual revenue will not exceed $5 

million. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

110–161, section 193, 121 Stat. 1844 

(2007), nothing in this decision 

authorizes the following activities at any 

solid waste rail transfer facility: 

collecting, storing, or transferring solid 

waste outside of its original shipping 

container; or separating or processing 

solid waste (including baling, crushing, 

compacting, and shredding). The term 

‘‘solid waste’’ is defined in section 1004 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

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. Petitions for stay must 

be filed no later than June 5, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35248, 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 Fritz R. 

Kahn, Fritz R. Kahn, P.C., 1920 N Street, 

NW., (8th floor), Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: May 21, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–12368 Filed 5–28–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35247] 

Grenada Railway, LLC—Acquisition 

and Operation Exemption—Illinois 

Central Railroad Company and 

Waterloo Railway Company 

Grenada Railway, LLC (Grenada), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire (by purchase) from the Illinois 

Central Railroad Company (ICR) and to 

operate a rail line approximately 175.4 

mstockstill on PROD1PC66 with NOTICES