16654 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the Federal Highway 

Administration (FHWA) assigned, and 

the California Department of 

Transportation (Caltrans) assumed 

environmental responsibilities for this 

project pursuant to 23 U.S.C. 327. 

Notice is hereby given that Caltrans, 

USACOE, and USFWS have taken final 

agency actions subject to 23 U.S.C. 

139(l) (1) by issuing licenses, permits, 

and approvals for the following highway 

project in the State of California: Widen 

SR 79 from Thompson Road to 

Domenigoni Parkway. The general 

purpose of the project is to facilitate 

improved operations by increasing 

capacity, reducing congestion and 

enhancing safety. The actions by the 

Federal agencies, and the laws under 

which such actions were taken, are 

described in the Final Environmental 

Assessment (FEA) for the project, 

approved via issuance of a Finding of 

No Significant Impact (FONSI) on 

December 28, 2010, and in other 

documents in the FHWA project 

records. The FEA, FONSI, and other 

project records are available by 

contacting Caltrans at the addresses 

provided above. 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 of 1970 

[23 U.S.C. 109]. 

2. Air: Clean Air Act, as amended [42 

U.S.C. 7401–7671(q)]. 

3. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544], Fish and 

Wildlife Coordination Act [16 U.S.C. 

661–667 (d)], Migratory Bird Treaty Act 

[16 U.S.C. 703–712]. 

4. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470]; Antiquities Act of 1906 

[16 U.S.C. 431–433]. 

5. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)–2000(d) 

(1)]; the Uniform Relocation Assistance 

and Real Property Acquisition Policies 

Act of 1970, as amended [42 U.S.C. 61]. 

6. Wetlands and Water Resources: 

Clean Water Act, [33 U.S.C. 1251–1377]. 

7. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act [42 U.S.C. 9601–9675]; Resource 

Conservation and Recovery Act [42 

U.S.C. 6901–6992(j)]. 

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; 13112 Invasive Species; 

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

13175 Consultation and Coordination 

with Indian Tribal Governments. 

(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: March 16, 2011. 

Maiser Khaled, 

Acting Director, State Programs, Federal 

Highway Administration, Sacramento, 

California. 

[FR Doc. 2011–6745 Filed 3–23–11; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35456] 

Austin Western Railroad, L.L.C.— 

Lease and Operation Exemption— 

Capital Metropolitan Transportation 

Authority 

Austin Western Railroad, L.L.C. 

(AWRR), a Class III rail carrier, has filed 

a verified notice of exemption under 49 

CFR 1150.41 to lease and operate 

approximately 165.93 miles of rail lines 

owned by Capital Metropolitan 

Transportation Authority (CMTA). The 

lines are located (1) between milepost 

-1.13, at or near Giddings, Tex., and 

milepost 154.1, near Llano, Tex.; and (2) 

between milepost 0.0, near Fairland, 

Tex., and milepost 6.5, near Marble 

Falls, Tex. AWRR will also lease and 

operate over the Scobee Spur (3.3 miles) 

and the Burnett Spur (0.93 miles). 

Except for the 1.13-mile segment 

between milepost -1.13 and milepost 

0.0, which has been out of service, 

AWRR has been the exclusive freight 

operator over the lines to be leased since 

2007, pursuant to an operating 

agreement. See Austin W. R.R.— 

Operation Exemption—Capital Metro. 

Transp. Auth., FD 35072 (STB served 

Sept. 14, 2007). 

AWRR has certified that its projected 

annual revenues as a result of this 

transaction will not result in AWRR 

becoming a Class II or Class I rail carrier 

but that its projected annual revenue 

will exceed $5 million. Accordingly, 

AWRR is required, at least 60 days 

before an exemption is to become 

effective, to send notice of the 

transaction to the national offices of the 

labor unions with employees on the 

affected lines, post a copy of the notice 

at the workplace of the employees on 

the affected lines, and certify to the 

Board that it has done so. 49 CFR 

1150.42(e). 

On March 8, 2011, AWRR certified to 

the Board that, on March 4, 2011, it 

posted notice of the transaction at the 

workplace of the employees on the 

affected lines, and on March 7, 2011, it 

served a copy of the notice on the 

national office of the potentially affected 

employees’ labor union, as required 

under 49 CFR 1150.42(e), as well as on 

the union’s local office. However, 

concurrently with its notice of 

exemption, AWRR filed a petition for 

waiver of the 60-day advance labor 

notice requirement under § 1150.42(e), 

asserting that, because AWRR has been 

the freight operator over the involved 

lines, the transaction will not result in 

any operational or maintenance changes 

on the lines. AWRR’s waiver request 

will be handled in a separate decision. 

AWRR states that it intends to 

consummate the transaction on the 

effective date of this exemption. The 

Board will establish in the decision on 

the waiver request the earliest this 

transaction may be consummated. 

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 March 31, 2011. 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35456, 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 at our Web site at http:// 

www.stb.dot.gov. 

Decided: March 21, 2011. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2011–6986 Filed 3–23–11; 8:45 am] 

BILLING CODE 4915–01–P 


emcdonald on DSK2BSOYB1PROD with NOTICES