Dakota, Minnesota & Eastern Railroad Corporation-Discontinuance of Trackage Rights Exemption-in Worth and Cerro Gordo Counties, IA, and Freeborn County, MN, 26459 [E9-12720]
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Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices
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
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
VerDate Nov<24>2008
16:43 Jun 01, 2009
Jkt 217001
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 https://
www.stb.dot.gov.
Decided: May 26, 2009.
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).
3 Each OFA must be accompanied by the filing
fee, which currently is set at $1,500. See 49 CFR
1002.2(f)(25).
4 Because 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.
PO 00000
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26459
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
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Page 26459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12720]
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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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
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\3\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
\4\ Because 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.
---------------------------------------------------------------------------
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 https://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