22630 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 

1NCVA was authorized to lease the line and a 

connecting portion of a line between milepost D– 

0.0 and milepost D–37.9 (northern portion) from 

NSR. NSR has agreed to lease the northern portion 

to the Buckingham Branch Railroad Company 

(BBRR), and NCVA has assigned its common carrier 

obligation over that portion of the line north of 

Clarksville to BBRR. See Buckingham Branch 

Railroad Company—Change in Operators 

Exemption—Rail Line in Nottoway, Luneburg, 

Charlotte, and Mecklenberg Counties, VA, STB 

Finance Docket No. 35226 (STB served May 7, 

2009). 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, S.E., Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001. 

4. Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001 

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

through Friday, except federal holidays. 

Instructions: You must include the 

agency name and docket number for this 

notice at the beginning of your 

comments. Submit two copies of your 

comments if you submit them by mail. 

For confirmation that FTA has received 

your comments, include a selfaddressed stamped postcard. Note that 

all comments received, including any 

personal information, will be posted 

and will be available to Internet users, 

without change, at http:// 

www.regulations.gov. You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published April 

11, 2000, (65 FR 19477), or you may 

visit http://www.regulations.gov. 

Docket: For access to the docket to read 

background documents and comments 

received, go to http:// 

www.regulations.gov at any time. 

Background documents and comments 

received may also be viewed at the U.S. 

Department of Transportation, 1200 

New Jersey Avenue S.E., Docket 

Operations, M–30, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 between 9 

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

Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lorna Wilson, Office of Program 

Management, (202) 366–0893, or e-mail: 

lorna.wilson@dot.gov. 

SUPPLEMENTARY INFORMATION: Interested 

parties are invited to send comments 

regarding any aspect of this information 

collection, including: (1) The necessity 

and utility of the information collection 

for the proper performance of the 

functions of the FTA; (2) the accuracy 

of the estimated burden; (3) ways to 

enhance the quality, utility, and clarity 

of the collected information; and (4) 

ways to minimize the collection burden 

without reducing the quality of the 

collected information. Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval of this 

information collection. 

Title: Tribal Transit Program (OMB 

Number: 2132–0567). 

Background: FTA’s Tribal Transit 

Program provides financial assistance to 

federally recognized Indian tribes for 

public transportation services on and 

around Indian reservations located in 

rural areas. Eligibility is based on the 

statutory provisions of 49 U.S.C. 5311— 

Nonurbanized Area Formula Program. 

The provisions of the American 

Recovery and Reinvestment Act of 2009, 

Title 49 U.S.C. 5311, 49 CFR Part 18— 

Uniform Administrative Requirements 

for Grants and Cooperative Agreements 

to State and Local Governments (the 

Common Grant Rule), and prudent 

administration of federal grant funds 

dictate that grantor agencies review 

applications for federal assistance to 

assure eligibility and other criteria, as 

appropriate, and monitor approved 

projects to ensure timely expenditure of 

federal funds by grant recipients. 

Information collected under this 

program is structured to comply with 

federal mandates. The reporting 

requirements are submitted by 

recipients in two stages: The application 

stage and the project management stage. 

The American Recovery and 

Reinvestment Act of 2009 (ARRA) 

established funding for the Tribal 

Transit Program. This program is a 

$17,000,000 discretionary grant program 

to support capital investments for 

public transit services that serve Indian 

tribes and Alaska Native villages. 

To meet the requirements of the 

ARRA, FTA requested an emergency 

approval from OMB for the Tribal 

Transit Program. OMB approved FTA’s 

emergency request on March 17, 2009. 

FTA published a Federal Register 

notice on March 23, 2009, for Public 

Transportation on Indian Reservations 

Program; Tribal Transit Program Under 

the American Recovery and 

Reinvestment Act of 2009. 

Respondents: State and local 

governments, tribal governments, 

businesses or other for-profit 

institutions, non-profit institutions and 

small business organizations. 

Estimated Annual Burden on 

Respondents: Approximately 45 hours 

for each of the 71 respondents. 

Estimated Total Annual Burden: 

3,195 hours. 

Frequency: Annual. 

Issued: May 7, 2009. 

Ann M. Linnertz, 

Associate Administrator for Administration. 

[FR Doc. E9–11142 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–290 (Sub–No. 316X); 

STB Docket No. AB–866 (Sub–No. 2X)] 

Norfolk Southern Railway Company— 

Discontinuance of Service 

Exemption—in Mecklenberg County, 

VA, and Granville County, NC; North 

Carolina & Virginia Railroad Co., Inc., 

Virginia Southern Railroad Division— 

Discontinuance of Service 

Exemption—in Mecklenberg County, 

VA, and Granville County, NC 

Norfolk Southern Railway Company 

(NSR) and North Carolina & Virginia 

Railroad Co., Inc., Virginia Southern 

Railroad Division (NCVA) (collectively, 

applicants), have jointly filed a verified 

notice of exemption under 49 CFR Part 

1152 Subpart F—Exempt 

Abandonments and Discontinuances of 

Service to discontinue service over a 

15.25 mile line of railroad between 

milepost D–37.9, south of Clarksville, 

VA, and milepost D–53.15, at O&H 

Junction, near Oxford, NC, in 

Mecklenberg County, VA, and Granville 

County, NC (the line).1 The line 

traverses United States Postal Service 

Zip Codes 23927, 27507 and 27565. 

Applicants have certified that: (1) No 

local traffic has moved over the line for 

at least 2 years; (2) any overhead traffic 

can be rerouted over other lines; (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 

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 

1105.12 (newspaper publication), and 

49 CFR 1152.50(d)(1) (notice to 

governmental agencies) have been met. 

As a condition to these exemptions, 

any employee adversely affected by the 

discontinuance of service 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 

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