Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 22631 

2Each OFA must be accompanied by the filing 

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

1002.2(f)(25). 

3Because this is a discontinuance proceeding and 

not an abandonment, trail use/rail banking and 

public use conditions are not appropriate. Likewise, 

no environmental or historical documentation is 

required here under 49 CFR 1105.6(c) and 

1105.8(b), respectively. 

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 June 12, 

2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues and 

formal expressions of intent to file an 

OFA for continued rail service under 49 

CFR 1152.27(c)(2),2 must be filed by 

May 26, 2009.3 Petitions to reopen must 

be filed by June 2, 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 NSR’s 

representative: John M. Scheib, General 

Attorney, Norfolk Southern Railway 

Company, Three Commercial Place, 

Norfolk, VA 23510; and NCVA’s 

representative: Louis E. Gitomer, Law 

Offices of Louis E. Gitomer, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: May 7, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–11061 Filed 5–12–09; 8:45 am] 

BILLING CODE 4915–01–P 

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. 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans and 

other Federal agencies that are final 

within the meaning of 23 U.S.C. 

139(l)(1). The actions relate to a 

proposed Avenue 416 Widening Project 

in the County of Tulare and County of 

Fresno, State of California. Those 

actions grant 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 November 9, 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: 

Kelly Hobbs, Senior Environmental 

Planner, California Department of 

Transportation (Caltrans), 2015 E. 

Shields Avenue #100, Fresno, CA 

93726; weekdays 8 a.m. to 5 p.m. 

(Pacific Time); telephone (559) 243– 

8222; e-mail kelly_hobbs@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the 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 has 

taken final agency actions subject to 23 

U.S.C. 139(l)(1) by issuing approvals for 

the following highway project in the 

State of California. The County of Tulare 

along with Fresno County and the City 

of Dinuba, in cooperation with the 

California Department of Transportation 

(Caltrans), propose to improve 

approximately 12 miles of Mountain 

View Avenue/Avenue 416/El Monte 

Way by widening from a two-lane to a 

four-lane roadway and constructing a 

median and/or median lane. The limits 

are from Bethel Avenue in Fresno 

County east to Road 92 in the City of 

Dinuba in Tulare County. The 

replacement of the Kings River Bridge in 

Tulare County with a four-lane structure 

is also proposed. The project would 

improve traffic operations and improve 

regional transportation and circulation. 

The actions by the Federal agencies, and 

the laws under which such actions were 

taken, are described in the Final 

Environmental Assessment (EA)/ 

Finding of No Significant Impact 

(FONSI) for the project, approved on 

April 28, 2009, and in other documents 

in the FHWA administrative records. 

The EA/FONSI and other documents are 

available by contacting FHWA or 

Caltrans at the addresses provided 

above. The FHWA EA/FONSI can be 

viewed at public locations in the project 

area: Tulare County Resource 

Management Agency at 5961 South 

Mooney Boulevard, Visalia, CA 93277; 

the City of Dinuba City Hall, 405 East 

El Monte Way, Dinuba, CA 93618; the 

Dinuba Branch Library, 150 S I St, 

Dinuba, CA 93618; the Windsor 

Christian Academy, 5018 Avenue 416, 

Reedley, CA 93654; or the Fresno 

Central Library, 2420 Mariposa St, 

Fresno, CA 93721. 

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]; and 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: Landscape and Scenic 

Enhancement (Wildflowers) [23 U.S.C. 

319]. 

4. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

Wetlands Mitigation [23 U.S.C. 

103(b)(6)(m) and 133(b)(11)]; Land and 

Water Conservation Fund (LWCF), 16 

U.S.C. 4601–4604; Flood Disaster 

Protection Act, 42 U.S.C. 4001–4128; 

and Safe Drinking Water Act [42 U.S.C. 

300(f)–300(j)(6)]. 

5. 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)]; and 

Migratory Bird Treaty Act [16 U.S.C. 

703–712]. 

6. 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 [16 U.S.C. 

469–469c]; Archaeological Resources 

Protection Act of 1979 [16 U.S.C. 470 et 

seq.]; and Native American Graves 

Protection and Repatriation Act [25 

U.S.C. 3001–3013]. 

7. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; Farmland Protection Policy 

Act [7 U.S.C. 4201–4209]; American 

Indian Religious Freedom Act [42 U.S.C. 

1996]; and The Uniform Relocation 

Assistance and Real Property 

Acquisition Act of 1970, as amended. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act [42 U.S.C. 9601–9675]; Superfund 

Amendments and Reauthorization Act 

of 1986; and Resource Conservation and 

Recovery Act [42 U.S.C. 6901–6992(k)]. 

9. 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 

22632 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 

Populations; E.O. 11593 Protection and 

Enhancement of the Cultural 

Environment; 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; and 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: May 7, 2009. 

Karen Bobo, 

Director, Local Agency Programs, Federal 

Highway Administration, Sacramento, 

California. 

[FR Doc. E9–11133 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–26367] 

Motor Carrier Safety Advisory 

Committee Public Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Motor Carrier Safety 

Advisory Committee meeting, 

amendment. 

SUMMARY: FMCSA announces an 

amendment to its May 5, 2009, notice 

regarding the May meeting of the Motor 

Carrier Safety Advisory Committee 

(MCSAC). The public session scheduled 

for May 18, from 10 a.m.–11 a.m. will 

be combined with the public session 

scheduled on May 20 from 1 p.m. to 4 

p.m. 

DATES: The MCSAC will hold a public 

session on Wednesday, May 20, 2009, 

from 1 p.m. to 4 p.m. (EDT). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey K. Miller, Chief, Strategic 

Planning and Program Evaluation 

Division, Office of Policy Plans and 

Regulation, Federal Motor Carrier Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–5730, mcsac@dot.gov. 

Background 

On May 5, 2009, FMCSA announced 

that its MCSAC will hold a public 

meeting via teleconference on May 18, 

2009, from 10 a.m.–11 a.m. The notice 

also announced that FMCSA’s MCSAC 

will hold a public meeting on 

Wednesday, May 20, 2009, from 1 p.m.– 

4 p.m. at the U.S. Department of 

Transportation, Media Center, West 

Building, Ground Floor, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. The public meeting scheduled 

for May 18 is being combined with the 

public session scheduled for May 20. 

The May 20 session will now be used 

to allow all interested parties to listen 

to the MCSAC members discuss all 

topics for which the committee will 

provide recommendations to FMCSA 

during its May meeting. 

The Committee will allocate one hour 

for public comments on May 20, 2009, 

from 3 p.m. to 4 p.m. Individuals 

wishing to address the committee 

should send an e-mail to mcsac@dot.gov 

by May 13, 2009. The time available 

will be divided among those who have 

signed up to address the committee with 

no one being allotted more than 15 

minutes. For a copy of the agenda, 

please send an e-mail to mcsac@dot.gov. 

Should you wish to attend the 

meeting on May 20, 2009, please e-mail 

mcsac@dot.gov by May 15, 2009, to 

facilitate the pre-clearance security 

process and expedite entry into the 

building. For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

meeting, please e-mail mcsac@dot.gov 

by May 15, 2009. 

Issued on: May 8, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–11177 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2009–0045] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

GYPSY VENTURE. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2009– 

0045 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in section 388.4 of 

MARAD’s regulations at 46 CFR part 

388. 

DATES: Submit comments on or before 

June 12, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0045. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

Federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: 

As described by the applicant the 

intended service of the vessel GYPSY 

VENTURE is: 

Intended Use: ‘‘sport fishing, dinner 

tours.’’ 

Geographic Region: ‘‘Louisiana’’. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the