Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 26459 

1 DM&E is a wholly owned, indirect subsidiary of 

Canadian Pacific Railway Company and is a Class 

II rail carrier. 

2 DM&E acquired these overhead trackage rights 

from UP’s predecessor, the Chicago and North 

Western Transportation Company. See Dakota, 

Minnesota & Eastern Railroad Corporation— 

Acquisition and Operation Exemption—Chicago 

and North Western Transportation, Finance Docket 

No. 30889 (ICC served Sept. 8, 1986). 

3Each OFA must be accompanied by the filing 

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

1002.2(f)(25). 

4Because 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. 

On December 12, 2008, the FMCSA 

published a Federal Register notice on 

this same topic and provided 60 days 

for public comment (73 FR 75793). The 

Agency received one comment from the 

Owner-Operator Independent Drivers 

Association, INC (OOIDA) in response 

to the notice. OOIDA expressed support 

for the survey and provided several 

suggestions on how the survey 

questions and methodology for 

collecting the data could be improved. 

FMCSA will consider these suggestions 

during the implementation of the 

survey. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FMCSA to perform its 

functions; (2) the accuracy of the 

estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. 

Issued on: May 26, 2009. 

David C. Anewalt, 

Acting Associate Administrator, Research 

and Information Technology. 

[FR Doc. E9–12777 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–337 (Sub-No. 6X)] 

Dakota, Minnesota & Eastern Railroad 

Corporation–Discontinuance of 

Trackage Rights Exemption–in Worth 

and Cerro Gordo Counties, IA, and 

Freeborn County, MN 

Dakota, Minnesota & Eastern Railroad 

Corporation (DM&E) 1 has filed a 

verified notice of exemption under 49 

CFR 1152 Subpart F—Exempt 

Abandonments and Discontinuances of 

Service to discontinue overhead 

trackage rights over approximately 48.2 

miles of Union Pacific Railroad 

Company (UP) rail lines extending from 

milepost 107.0 at Hartland, MN, to 

milepost 119.4 at Albert Lea, MN, and 

from milepost 251.6 at Albert Lea to 

milepost 192.8 at Mason City, IA, (the 

Hartland-Mason City Line), in Freeborn 

County, MN, and Worth and Cerro 

Gordo Counties, IA.2 The line traverses 

United States Postal Service Zip Codes 

56042, 56007, 56036, 50459, 50448, 

50456 and 50401. 

DM&E has certified that: (1) no local 

traffic has moved via its trackage rights 

over the line for at least 2 years; (2) any 

DM&E overhead traffic can be rerouted 

over other lines; (3) no formal complaint 

filed by a user of DM&E 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 this exemption, 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 

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 July 2, 

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) 3 must be filed by 

June 12, 2009.4 Petitions to reopen must 

be filed by June 22, 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 DM&E’s 

representative: Thomas J. Litwiler, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL 60606. 

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 26, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–12720 Filed 6–1–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Texas 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA 

and other Federal agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

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

actions relate to various proposed 

highway projects in the State of Texas. 

Those actions grant licenses, permits 

and approvals for the projects. 

DATES: By this notice, the FHWA 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 any of the 

listed highway projects will be barred 

unless the claim is filed on or before 

November 30, 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: 

Salvador Deocampo, District Engineer, 

Texas Division, FHWA, J.J. Pickle 

Federal Building 300 East 8th Street, 

Room 826, Austin, Texas 78701; phone 

number 512–536–5950; e-mail: 

salvador.deocampo@fhwa.dot.gov. 

FHWA Texas Division normal business 

hours are 8 a.m. to 5 p.m. (central time) 

Monday through Friday. You may also 

contact Ms. Dianna Noble, P.E., Director 

Environmental Affairs Division, Texas 

Department of Transportation, 118 E. 

Riverside, Austin, Texas, 78704; phone 

number 512–416–2734; e-mail: 

dnoble@dot.state.tx.us. Texas 

Department of Transportation normal 

business hours are 8 a.m. to 5 p.m. 

(central time) Monday through Friday. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the highway projects in 

the State of Texas that are listed below. 

The actions by the Federal agencies on 

the project, and the laws under which 

such actions were taken, are described