16256 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices 

submitted to the listed contact person. 

Further information about the EIS and 

the proposed action will be posted 

when available at http://www.iaheis.org. 

Issued in Fort Worth, Texas, on March 30, 

2009. 

Mike Nicely, 

Acting Manager, Airports Division. 

[FR Doc. E9–7693 Filed 4–8–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by the 

California Department of Transportation 

(Caltrans), pursuant to 23 U.S.C. 327 

and the United States Fish and Wildlife 

Service (USFWS). 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans and 

USFWS that are final within the 

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

actions relate to a proposed highway 

project (US 101) and local road 

extension (Union Valley Parkway), in 

the community of Orcutt and City of 

Santa Maria in the County of Santa 

Barbara, State of California. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, 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 October 6, 2009. 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: For 

Caltrans: Matt Fowler, Chief, 

Environmental Branch, Caltrans, 50 

Higuera Street, San Luis Obispo, CA 

93401 Monday through Friday 8 a.m. to 

5 p.m. (805) 542–4603 or 

matt_c_fowler@dot.ca.gov. For USFWS: 

Steve Kirkland, USFWS, 2493 Portola 

Road, Suite B, Ventura, CA 93003 

Monday through Friday 7:30 a.m. to 4 

p.m. (805) 644–1766 or 

steve_kirkland@fws.gov. 

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 the Caltrans 

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: The project is 

located in the County of Santa Barbara 

in the community of Orcutt. The project 

includes the extension of Union Valley 

Parkway west over a 1.6-mile segment 

between Hummel Drive on the east and 

Blosser Road on the west, and the 

extension of Union Valley Parkway east 

to intersect with Highway 101 by 

constructing an overcrossing with northand southbound freeway ramps. 

Construction of the interchange portion 

of the project will occur between Post 

Mile 83.1 and 83.9 on Highway 101. The 

project purpose is to provide a major 

arterial and improved access to 

Highway 101 for the movement of 

people and goods through the Santa 

Maria-Orcutt area. The actions by the 

Federal agencies, and the laws under 

which such actions were taken, are 

described in the Environmental 

Assessment/Finding of No Significant 

Impact (EA/FONSI) for the project, 

approved on March 5, 2009 and in other 

documents in the FHWA project 

records. The EA/FONSI and other 

project records are available by 

contacting Caltrans at the addresses 

provided above. The Caltrans EA/FONSI 

can be viewed and downloaded from 

the project web site at http:// 

www.dot.ca.gov/dist05/projects/sb_uvp/ 

index.html, or viewed at public libraries 

in the project area. The USFWS decision 

and Section 7 Consultation are available 

by contacting USFWS at the address 

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 [23 

U.S.C. 109]. 

2. Air: Clean Air Act 42 U.S.C. 7401– 

7671(q). 

3. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], 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(aa)–11]; 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]; U.S. 

Department of Transportation Act of 

1966 [49 U.S.C. 303 Section 4(f)]. 

5. 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]; The Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended. 

6. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), 42 U.S.C. 9601–9675; 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery 

Act (RCRA), 42 U.S.C. 6901–6992(k). 

7. Physical Environment: Clean Water 

Act [33 U.S.C. 1344] 

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: April 3, 2009. 

Cindy Vigue, 

Director, State Programs, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E9–8073 Filed 4–8–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–33 (Sub–No. 268X)] 

Union Pacific Railroad Company— 

Abandonment Exemption—in 

Milwaukee County, WI 

Union Pacific Railroad Company (UP) 

has filed a notice of exemption under 49 

CFR 1152 Subpart F—Exempt 

Abandonments to abandon a 3.08-mile 

line of railroad known as the Capitol 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices 16257 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

Drive Industrial Lead, extending from 

milepost 92.21, the Shoreline 

connection, to the end of the line at 

milepost 89.13, south of Hampton 

Avenue in the northeast Milwaukee 

area, in Milwaukee County, WI. The line 

traverses United States Postal Service 

Zip Codes 53209, 53211, 53212 and 

53217. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line; (3) no formal 

complaint filed by a user of rail service 

on the line (or by a State or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Surface Transportation Board or with 

any U.S. District Court or has been 

decided in favor of complainant within 

the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental reports), 49 CFR 1105.8 

(historic reports), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on May 9, 

2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by April 20, 

2009. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by April 29, 2009, 

with: Surface Transportation Board, 395 

E Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to UP’s 

representative: Mack H. Shumate, Jr., 

Senior General Attorney, 101 North 

Wacker Drive, Room 1920, Chicago, IL 

60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

UP has filed a combined 

environmental and historic report 

addressing the effects, if any, of the 

abandonment on the environment and 

historic resources. SEA will issue an 

environmental assessment (EA) by April 

14, 2009. Interested persons may obtain 

a copy of the EA by writing to SEA 

(Room 1100, Surface Transportation 

Board, Washington, DC 20423–0001) or 

by calling SEA, at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), UP shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

UP’s filing of a notice of consummation 

by April 9, 2010, and there are no legal 

or regulatory barriers to consummation, 

the authority to abandon will 

automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 3, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–8061 Filed 4–8–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35235] 

Gabriel D. Hall—Corporate Family 

Transaction Exemption—U S Rail 

Holdings, LLC and U S Rail 

Corporation 

Gabriel D. Hall (Hall), an individual, 

has filed a verified notice of exemption 

under 49 CFR 1180.2(d)(3) to exempt 

from the provisions of 49 U.S.C. 11323 

a transaction within the family of 

business entities in which he owns 

controlling interests. Hall owns a 

majority of the issued and outstanding 

shares of stock of U S Rail Corporation 

(U S Rail), a Class III carrier with 

operating authority in Ohio and Indiana. 

To facilitate financing, Hall has formed 

a new limited liability company, U S 

Rail Holdings, LLC (Holdings), in which 

he owns a majority of the issued and 

outstanding equity interests, to hold the 

Indiana leasehold interests. Holdings 

has entered into a new ten year lease 

with the owners of the Indiana rail 

lines. Once the new lease becomes 

effective, the existing lease between the 

owners and U S Rail will be terminated, 

and Holdings will immediately 

designate U S Rail as the operator of the 

rail lines, effectively transferring the 

operating authority back to U S Rail. 

Holdings will be the non-operating 

lessee (with residual common carrier 

obligations) and U S Rail will continue 

to be the operator of the rail lines. Hall 

will remain in control of both entities. 

This transaction is related to the 

concurrently filed notice of exemption 

in STB Finance Docket No. 35234, U S 

Rail Holdings, LLC—Lease and 

Operation Exemption—Winamac 

Southern Railway Company and 

Kokomo Grain Co., Inc. In that 

proceeding, Holdings seeks an 

exemption under 49 CFR 1150.31 to 

lease from Winamac Southern Railway 

Company and Kokomo Grain Co., Inc. 

and to operate approximately 58.89 

miles of rail lines in Indiana. 

The purpose of the transaction is to 

establish a structure conducive for 

future financing, while keeping all 

interests within the corporate family of 

entities controlled by Hall. 

This is a transaction within a 

corporate family of the type specifically 

exempted from prior review and 

approval under 49 CFR 1180.2(d)(3). 

Hall states that the transaction will not 

result in adverse changes in service 

levels, significant operational changes, 

or any change in the competitive 

balance with carriers outside the 

corporate family. 

The transaction is scheduled to be 

consummated on or after April 23, 2009, 

the effective date of the exemption (30 

days after the exemption was filed). 

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 


dwashington3 on PROD1PC60 with NOTICES