Pacific Unified Railroad Corporation-Operation Exemption-Kaiser Eagle Mountain Railroad, 69283-69284 [E7-23813]

Download as PDF Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices and certified that he does not have diabetic retinopathy. He holds a Class A CDL from California. Gregory B. Valentine, Sr. Mr. Valentine, 41, has had ITDM since 1974. His endocrinologist examined him in 2007 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Valentine meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2007 and certified that he has stable proliferative diabetic retinopathy. He holds a Class D operator’s license from Tennessee. pwalker on PROD1PC71 with NOTICES James J. Walsh Mr. Walsh, 64, has had ITDM since 1994. His endocrinologist examined him in 2007 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Walsh meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2007 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Florida. Uve J. Witsch Mr. Witsch, 44, has had ITDM since 1999. His endocrinologist examined him in 2007 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Witsch meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2007 and certified that he does not have diabetic retinopathy. He holds a Class C operator’s license from California. Steven G. Woltman Mr. Woltman, 44, has had ITDM since 1979. His endocrinologist examined him VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 in 2007 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Woltman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2007 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class C operator’s license from California. John T. Yocum Mr. Yocum, 52, has had ITDM since 2005. His endocrinologist examined him in 2007 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Yocum meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2007 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Idaho. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the Notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).1 The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). Section 4129 requires: (1) The elimination of the requirement for three years of experience operating CMVs 1 Section 4129(a) refers to the 2003 Notice as a ‘‘final rule.’’ However, the 2003 Notice did not issue a ‘‘final rule’’ but did establish the procedures and standards for issuing exemptions for drivers with ITDM. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 69283 while being treated with insulin; and (2) the establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 Notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 USC. 31136(e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 Notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 Notice, except as modified by the Notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. Issued on: November 27, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–23785 Filed 12–6–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35091] Pacific Unified Railroad Corporation— Operation Exemption—Kaiser Eagle Mountain Railroad Pacific Unified Railroad Corporation (PURC), a noncarrier, has filed a notice of exemption under 49 CFR 1150.31 to operate, pursuant to an agreement with Kaiser Eagle Mountain Railroad (KEM), over KEM’s approximately 52-mile rail right-of-way between milepost 52.0 in Eagle Mountain and milepost 0.0 at Ferrum Junction, in Riverside County, CA. PURC certifies that its projected annual revenues as a result of the transaction would not exceed those that would qualify it as a Class III rail carrier. The transaction is expected to be consummated no sooner than 30 days after the filing of the notice of E:\FR\FM\07DEN1.SGM 07DEN1 69284 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Notices pwalker on PROD1PC71 with NOTICES exemption, or after the December 23, 2007 effective date of the exemption. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by December 14 (at least 7 days VerDate Aug<31>2005 16:30 Dec 06, 2007 Jkt 214001 before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35091, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Gerald Lee, Pacific Unified Railroad Corporation, 3200 West End Avenue, Suite 500, Nashville, TN 37203. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: December 4, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–23813 Filed 12–6–07; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Notices]
[Pages 69283-69284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23813]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35091]


Pacific Unified Railroad Corporation--Operation Exemption--Kaiser 
Eagle Mountain Railroad

    Pacific Unified Railroad Corporation (PURC), a noncarrier, has 
filed a notice of exemption under 49 CFR 1150.31 to operate, pursuant 
to an agreement with Kaiser Eagle Mountain Railroad (KEM), over KEM's 
approximately 52-mile rail right-of-way between milepost 52.0 in Eagle 
Mountain and milepost 0.0 at Ferrum Junction, in Riverside County, CA.
    PURC certifies that its projected annual revenues as a result of 
the transaction would not exceed those that would qualify it as a Class 
III rail carrier. The transaction is expected to be consummated no 
sooner than 30 days after the filing of the notice of

[[Page 69284]]

exemption, or after the December 23, 2007 effective date of the 
exemption.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Stay petitions must be filed by December 14 (at least 7 days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35091, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Gerald Lee, Pacific Unified 
Railroad Corporation, 3200 West End Avenue, Suite 500, Nashville, TN 
37203.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 4, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-23813 Filed 12-6-07; 8:45 am]
BILLING CODE 4915-01-P