32220 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Notice of Limitation on Claims Against 

Proposed Public Transportation 

Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Limitation on Claims. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for Beckley Intermodal Gateway Project, 

Beckley, West Virginia; Charlotte 

Gateway Station Project, Charlotte, 

North Carolina; Renaissance Square 

Center, Rochester, New York; New 

Haven Rail Yard Maintenance Facility 

Improvements, New Haven, 

Connecticut; North Highway 89 

Pathway Project, Teton County, 

Wyoming; Tucson Modern Streetcar 

Project, Tucson, Arizona; New Mexico 

Rail Runner Park and Ride, Sante Fe, 

New Mexico; Jordan River Service 

Center, Salt Lake City, Utah; Alaska 

Railroad Shoulder Maintenance Project, 

City of Wasilla to City of Fairbanks, 

Alaska; Tukwila Commuter Rail Station 

Project, King County, Washington; and 

Union Station Rehabilitation and Bus 

Transfer Facility, Winston Salem, North 

Carolina. The purpose of this notice is 

to announce publicly the environmental 

decisions by FTA on the subject projects 

and to activate the limitation on any 

claims that may challenge these final 

environmental actions. 

DATES: By this notice, FTA is advising 

the public of final agency actions 

subject to Title 23, United States Code 

(U.S.C.) section 139(l). A claim seeking 

judicial review of the FTA actions 

announced herein for the listed public 

transportation projects will be barred 

unless the claim is filed on or before 

January 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Zelasko, Environmental 

Protection Specialist, Office of Planning 

and Environment, 202–366–0244, or 

Christopher Van Wyk, AttorneyAdvisor, Office of Chief Counsel, 202– 

366–1733. FTA is located at 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Office hours are from 9 a.m. to 

5:30 p.m., EST, Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FTA has taken final 

agency actions by issuing certain 

approvals for the public transportation 

projects listed below. The actions on 

these projects, as well as the laws under 

which such actions were taken, are 

described in the documentation issued 

in connection with the project to 

comply with the National 

Environmental Policy Act (NEPA), and 

in other documents in the FTA 

administrative record for the project. 

The final agency environmental 

decision documents—Records of 

Decision (RODs) or Findings of No 

Significant Impact (FONSIs)—for the 

listed projects are available online at 

http://www.fta.dot.gov/planning/

environment/planning_environment_

documents.html or may be obtained by 

contacting the FTA Regional Office for 

the metropolitan area where the project 

is located. Contact information for 

FTA’s Regional Offices may be found at 

http://www.fta.dot.gov. 

This notice applies to all FTA 

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, the NEPA 

[42 U.S.C. §§ 4321–4375], section 4(f) of 

the Department of Transportation Act of 

1966 [49 U.S.C. § 303], section 106 of 

the National Historic Preservation Act 

[16 U.S.C. § 470f], and the Clean Air Act 

[42 U.S.C. §§ 7401–7671q]. This notice 

does not, however, alter or extend the 

limitation period of 180 days for 

challenges of project decisions subject 

to previous notices published in the 

Federal Register. 

The projects and actions that are the 

subject of this notice are: 

1. Project name and location: Beckley 

Intermodal Gateway, Beckley, West 

Virginia. Project sponsor: City of 

Beckley. Project description: The City of 

Beckley is constructing a 4.2-acre transit 

center on an existing surface parking lot 

bounded by Robert C. Byrd Drive, 

Neville Street, Leslie C. Gates Place, and 

Prince Street. The transit center will 

include a multi-level parking garage, 

space for municipal functions, transit 

supported retail services, and space for 

tourism and economic development 

agencies. Final agency actions: Section 

106 Finding of No Adverse Effect; 

Project-level air conformity 

determination; no use of section 4(f) 

properties; and FONSI dated March 31, 

2009. Supporting documentation: Final 

Beckley Intermodal Gateway 

Environmental Assessment available in 

March 2009. 

2. Project name and location: 

Charlotte Gateway Station, Charlotte, 

North Carolina. Project sponsor: 

Charlotte Area Transit System (CATS). 

Project description: CATS, in 

cooperation with the City of Charlotte 

and the North Carolina Department of 

Transportation, has planned a six-acre, 

multi-modal transportation facility that 

will serve as a centralized downtown 

transportation hub for CATS buses, 

commuter rail, streetcar, other rapid 

transit operations, Amtrak intercity 

passenger rail, and Greyhound bus 

service. The transportation facility will 

also include over 200,000 square feet of 

retail, office, and future air rights 

developments. The Charlotte Gateway 

Station will be located along the Norfolk 

Southern Atlanta-Washington mainline 

tracks between 3rd, Graham, and Trade 

Streets within walking distance of the 

downtown business district. Final 

agency actions: Section 106 Finding of 

No Adverse Effect; Project-level air 

quality conformity determination; no 

use of section 4(f) properties; and 

FONSI dated April 22, 2009. Supporting 

documentation: Environmental 

Assessment for the Charlotte Gateway 

Station available in April 2009. 

3. Project name and location: 

Renaissance Square Center, Rochester, 

New York. Project sponsor: Rochester 

Genesee Regional Transportation 

Authority (RGRTA). Project description: 

RGRTA is proposing to construct the 

Renaissance Square Center, which is a 

mixed-used development in downtown 

Rochester on a site that includes 

portions of blocks bounded by East 

Main Street, North Clinton Avenue, 

Pleasant Street, and St. Paul Street. 

Several parcels and buildings and two 

streets will be acquired and demolished 

to construct a new, five-story, multi-use 

building. This building will serve as an 

intermodal transit center for RGTRA’s 

regional transit service and for intercity 

bus service operated by Greyhound and 

Trailways. The building will also house 

the downtown campus for Monroe 

Community College and a downtown 

Performing Arts Center. Final agency 

actions: Section 106 Programmatic 

Agreement; Project-level air conformity 

determination; section 4(f) de minimis 

finding; and FONSI dated February 17, 

2009. Supporting documentation: 

Renaissance Square Environmental 

Assessment and section 4(f) Evaluation 

available in December 2008. 

4. Project name and location: New 

Haven Rail Yard Maintenance Facility 

Improvements, New Haven, 

Connecticut. Project sponsor: 

Connecticut Department of 

Transportation (CTDOT). Project 

description: CTDOT is proposing to 

enhance the existing 74-acre rail yard to 

provide maintenance shops, facilities, 

and yard space for storage of a new fleet 

of M–8 commuter rail cars. The 

proposed project includes construction 

of 25 storage tracks, a 48,000 square foot 

component change-out shop, an 85,200 

square foot service and inspection shop, 

an independent wheel true shop, a 

building for maintaining the right-ofway, a material distribution warehouse, 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32221 

a rail car wash facility, a heavy repair/ 

paint shop, and a parking structure for 

employee vehicles. Other existing 

facilities would either be incorporated 

into the new design or demolished. 

Final agency actions: Section 106 

Finding of No Adverse Effect; section 

4(f) de minimis impact finding; Projectlevel air quality conformity 

determination; and FONSI dated May 7, 

2009. Supporting documentation: New 

Haven Rail Maintenance Facility 

Improvements Environmental 

Assessment and section 4(f) Evaluation 

dated March 2009. 

5. Project name and location: North 

Highway 89 Pathway Project, Teton 

County, Wyoming. Project sponsor: 

Teton County, through Jackson Hole 

Community Pathways. Project 

description: The project, planned in 

partnership with the U.S. Fish and 

Wildlife Service and the National Elk 

Refuge, is a shared-use pathway along 

the east side of Highway 89 between the 

Town of Jackson and the southern 

boundary of Grand Teton National Park. 

The project was selected for a Paul S. 

Sarbanes Transit in the Parks Program 

grant and will include the construction 

of one underpass for users to access the 

National Museum of Wildlife Art and 

one bridge across the Gros Ventre River. 

Final agency actions: Section 106 

Finding of No Historic Properties 

Affected; no use of section 4(f) 

properties; and FONSI dated March 31, 

2009. Supporting documentation: 

Environmental Assessment for the 

North Highway 89 Pathway Project 

made available in March 2009. 

6. Project name and location: Tucson 

Modern Streetcar, Tucson, Arizona. 

Project sponsor: City of Tucson 

Department of Transportation (TDOT). 

Project description: TDOT proposes to 

construct a 3.6-mile modern streetcar 

line that will connect downtown 

Tucson, the Rio Nuevo Master Plan 

redevelopment area, the 4th Avenue and 

Main Gate business districts, the 

University of Arizona (UA), and the 

Arizona Health Sciences Center (AHSC). 

The Tucson Modern Streetcar project 

will also involve the construction of 19 

stations and the purchase of seven new 

vehicles. Final agency actions: Section 

106 Finding of No Adverse Effect; 

Project-level air conformity 

determination; no use of section 4(f) 

properties; and FONSI dated January 22, 

2009. Supporting documentation: 

Tucson Urban Corridor Environmental 

Assessment and section 4(f) Evaluation 

available in August 2008. 

7. Project name and location: 

Commuter rail station facilities and 

interchange modifications at I–25 and 

NM 599 in Metropolitan Sante Fe, New 

Mexico. Project sponsor: New Mexico 

Department of Transportation 

(NMDOT). Project description: FTA will 

provide funding for the construction of 

a park-and-ride lot, bus drop-off area, 

access roads to accommodate these 

transit facilities, and the pedestrian 

walkway for the New Mexico Rail 

Runner Commuter Rail Line, which is 

sponsored by the NMDOT. This station 

will be located within the loop ramp 

connecting I–25 and NM 599; and the 

access road will be within the existing 

highway right-of-way along I–25. The 

Federal Highway Administration 

(FHWA) and NMDOT prepared an 

Environmental Assessment for the New 

Mexico Rail Runner: NM 599 Station in 

October 2008. FTA adopted the 

environmental assessment and 

associated mitigation commitments 

presented within the document related 

to the selected alternative. Final agency 

actions: Project-level air conformity 

determination; Section 106 Finding of 

No Historic Properties Affected; no use 

of section 4(f) properties; and FTA 

FONSI dated February 2, 2009. 

Supporting documentation: FWHA 

Environmental Assessment for the New 

Mexico Rail Runner: NM 599 Station 

available in October 2008. 

8. Project name and location: Jordan 

River Service Center, Salt Lake City, 

Utah. Project Sponsor. Utah Transit 

Authority (UTA). Project description: 

UTA is constructing a new maintenance 

facility to address the need for 

additional light rail vehicle storage and 

maintenance capacity. The Jordan River 

Service Center will be located at a 

former furniture warehouse site in the 

City of South Salt Lake, Utah, in an area 

zoned for light industrial use adjacent to 

the under-construction West Valley 

light rail line. At full build out, the 

Jordan River Service Center will 

maintain and store approximately 100 

vehicles. Final agency actions: Section 

106 Finding of No Historic Properties 

Affected; no use of section 4(f) 

properties; Project-level air quality 

conformity determination; and FONSI 

dated June 5, 2009. Supporting 

documentation: Environmental 

Assessment for the Jordan River Service 

Center available in April 2009. 

9. Project description and location: 

Alaska Railroad Shoulder Maintenance 

Project, Wasilla to Fairbanks, Alaska. 

Project sponsor: Alaska Railroad 

Corporation. Project description: The 

Alaska Railroad Corporation (ARRC) 

will conduct shoulder improvements at 

various locations between Wasilla and 

Fairbanks, Alaska, to enhance track 

safety over the next ten years. These 

improvements will stabilize the track 

and provide necessary rail support to 

allow for heavier and faster trains. The 

project was previously proposed by 

ARRC and the Federal Railroad 

Administration (FRA) in 2005. The FRA 

prepared the Alaska Railroad Shoulder 

Maintenance Project, Wasilla to 

Fairbanks, Alaska, NEPA Environmental 

Assessment in July 2005. FTA 

conducted an independent review of the 

FRA environmental assessment, the 

administrative record, and updated 

project details, and developed its own 

FONSI based on the information 

contained within those materials. Final 

agency actions: No Historic Properties 

Affected; no use of section 4(f) 

properties; and FTA FONSI dated June 

3, 2009. Supporting documentation: 

FRA Alaska Railroad Shoulder 

Maintenance Project, Wasilla to 

Fairbanks, Alaska, NEPA Environmental 

Assessment available in July 2005. 

10. Project name and location: 

Tukwila Commuter Rail Station Project, 

Tukwila, Washington. Project sponsor: 

Sound Transit. Project description: 

Sound Transit is proposing to replace a 

temporary Sounder commuter rail 

station in Tukwila, Washington, with a 

permanent station. The permanent 

station will be located south of 

Interstate 405 and east of State Road 181 

on undeveloped land extending from 

the east margin of the Burlington 

Northern Sante Fe (BNSF) right-of-way 

to the western margin of the Union 

Pacific Railroad right-of-way. The 

permanent station will include a 350- 

space parking facility, bus and bike 

access, a ticketing booth, and other 

facilities. Final agency actions: Section 

106 Finding of No Historic Properties 

Affected; Project level air conformity 

determination; no use of section 4(f) 

properties; and FONSI dated March 

2009. Supporting documentation: 

Tukwila Commuter Rail Station 

Environmental Assessment available in 

January 2009. 

11. Project name and location: Union 

Station Rehabilitation and Bus Transfer 

Facility, Winston-Salem, North 

Carolina. Project Sponsor: North 

Carolina Department of Transportation 

(NCDOT). Project description: NCDOT 

and the City of Winston-Salem are 

proposing to rehabilitate the former 

train station that was constructed in 

1926 to serve passengers on the 

Southern, Norfolk & Western, and 

Winston-Salem Southbound Railroads. 

Since 1975, the building has been in 

private ownership and used as an 

automobile repair facility. Under the 

proposed rehabilitation plan, the station 

would be converted to a multimodal 

transit center. Project elements include 

the construction of a bus loop and 

parking lot, creation of a roundabout 

32222 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

from the intersection of Martin Luther 

King Jr. Drive, Excelsior Street, and the 

U.S. 421/I–40 business ramps, and 

construction of a bridge and train 

platform adjacent to the station to 

accommodate potential Piedmont 

Authority for Regional Transportation 

(PART) and Amtrak rail service. Final 

agency actions: Section 106 Finding of 

No Adverse Effect; no use of section 4(f) 

properties; Project level air quality 

conformity determination; and FONSI 

dated August 12, 2008. Supporting 

documentation: Environmental 

Assessment for the Winston-Salem 

Union Station Rehabilitation available 

in June 2008. 

Issued on June 29, 2009. 

Susan Borinsky, 

Associate Administrator for Planning and 

Environment, Washington, DC. 

[FR Doc. E9–16004 Filed 7–6–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2009–25] 

Petitions for Exemption; Summary of 

Petitions Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petitions for 

exemption received. 

SUMMARY: This notice contains a 

summary of certain petitions seeking 

relief from specified requirements of 14 

CFR. 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 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

any petition or its final disposition. 

DATES: Comments on petitions received 

must identify the petition docket 

number involved and must be received 

on or before July 17, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0592 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: We will 

post all comments we receive, without 

change, to http://www.regulations.gov, 

including any personal information you 

provide. Using the search function of 

our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment for an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

FOR FURTHER INFORMATION CONTACT: 

Tyneka Thomas (202) 267–7626 or 

Ralen Gao (202) 267–3768, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on June 30, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petitions for Exemption 

Docket No.: FAA–2009–0592. 

Petitioner: Republic Airline, Inc. 

Section of 14 CFR Affected: 14 CFR 

121.291(b)(1). 

Description of Relief Sought: To 

permit Republic Airline, Inc., to operate 

Embraer ERJ–190 aircraft without 

conducting a partial demonstration of 

emergency evacuation procedures. 

[FR Doc. E9–15905 Filed 7–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Designation of an Entity Pursuant to 

Executive Order 13382 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the name of one 

newly-designated entity whose property 

and interests in property are blocked 

pursuant to Executive Order 13382 of 

June 28, 2005, ‘‘Blocking Property of 

Weapons of Mass Destruction 

Proliferators and Their Supporters.’’ 

DATES: The designation by the Director 

of OFAC of the entity identified in this 

notice, pursuant to Executive Order 

13382 is effective on June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: (202) 622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site (http:// 

www.treas.gov/offices/enforcement/

ofac) or via facsimile through a 24-hour 

fax-on demand service, tel.: (202) 622– 

0077. 

Background 

On June 28, 2005, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’), issued Executive Order 

13382 (70 FR 38567, July 1, 2005) (the 

‘‘Order’’), effective at 12:01 a.m. eastern 

daylight time on June 29, 2005. In the 

Order, the President took additional 

steps with respect to the national 

emergency described and declared in 

Executive Order 12938 of November 14, 

1994, regarding the proliferation of 

weapons of mass destruction and the 

means of delivering them. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in an Annex to the 

Order; (2) any foreign person 

determined by the Secretary of State, in 

consultation with the Secretary of the 

Treasury, the Attorney General, and 

other relevant agencies, to have 

engaged, or attempted to engage, in 

activities or transactions that have 

materially contributed to, or pose a risk 

of materially contributing to, the 

proliferation of weapons of mass 

destruction or their means of delivery 

(including missiles capable of delivering 

such weapons), including any efforts to 

manufacture, acquire, possess, develop,