Arkansas Shortline Railroads, Inc.-Continuance in Control Exemption-Dardanelle & Russellville Railroad, Inc., Ouachita Railroad, and Camden & Southern Railroad, Inc., 21797-21798 [2011-9262]

Download as PDF Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices Francisco J. Jimenez Christopher J. Kane Kenneth C. Keil Paul R. Kerpsie Melvin A. Kleman Michael Lafferty Roosevelt Lawson Eugene R. Lydick Emanuel N. Malone Roberto E. Martinez Travis W. Neiwert Barbara C. Pennington Luis H. Sanchez George K. Sizemore James A. Smith Clarence L. Swann, Jr. David R. Thomas Michael G. Trueblood Donald A. Uplinger, II. Kerry W. VanStory Manuel A.Vargas Steven M. Vujicic Joseph Watkins The exemptions are extended subject to the following conditions: (1) That each individual has a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provides a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. erowe on DSK5CLS3C1PROD with NOTICES Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 40 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 78256; 66 FR VerDate Mar<15>2010 15:25 Apr 15, 2011 Jkt 223001 16311; 67 FR 76439; 68 FR 10298; 68 FR 10301; 68 FR 13360; 68 FR 19596; 69 FR 33997; 69 FR 61292; 69 FR 64806; 70 FR 16886; 70 FR 16887; 70 FR 2701; 70 FR 2705; 70 FR 7543; 70 FR 71884; 71 FR 4632; 72 FR 11426; 72 FR 11425; 72 FR 12666; 72 FR 18726; 72 FR 180; 72 FR 184; 72 FR 5489; 72 FR 25831; 72 FR 39879; 72 FR 52419; 72 FR 18726; 72 FR 9397; 73 FR 6246; 73 FR 75803; 74 FR 15584; 74 FR 15586; 74 FR 11988; 74 FR 11991; 74 FR 21427; 74 FR 6209; 74 FR 6211; 74 FR 7097; 74 FR 8842). Each of these 40 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by May 18, 2011. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 40 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 21797 requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: April 7, 2011. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2011–9321 Filed 4–15–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35484] Arkansas Shortline Railroads, Inc.— Continuance in Control Exemption— Dardanelle & Russellville Railroad, Inc., Ouachita Railroad, and Camden & Southern Railroad, Inc. Arkansas Shortline Railroads, Inc. (ASR), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Camden & Southern Railroad, Inc. (C&S), upon C&S’s becoming a Class III rail carrier. This transaction is related to a verified notice of exemption filed on April 7, 2011, in Docket No. FD 35483, Camden & Southern Railroad, Inc.— Lease & Operation Exemption—Camden Area Industrial Development Corporation. In that proceeding, C&S seeks an exemption under 49 CFR 1150.31 to lease and operate 17,837 feet of trackage owned by Camden Area Industrial Development Corporation, located at Zone JH482, Yard 06, opposite milepost 463 of Union Pacific Railroad Company’s Gurdon Subdivision, Camden, Ouachita County, Ark. The parties intend to consummate the transaction on or shortly after the effective date of the related notice. ASR currently controls 2 Class III railroads, Dardanelle & Russellville Railroad, Inc. and Ouachita Railroad. ASR represents that: (1) The rail line to be operated by C&S does not connect with any other railroads in the corporate family; (2) the transaction is not part of E:\FR\FM\18APN1.SGM 18APN1 21798 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices a series of anticipated transactions that would connect the rail lines with any other railroad in the corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under § 11324 and § 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all of the carriers involved are Class III carriers. 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 no later than April 29, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35484, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Richard H. Streeter, 5255 Partridge Lane, NW., Washington, DC 20016. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 12, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–9262 Filed 4–15–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY erowe on DSK5CLS3C1PROD with NOTICES Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork SUMMARY: VerDate Mar<15>2010 15:25 Apr 15, 2011 Jkt 223001 and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ‘‘Fair Housing Home Loan Data System Regulation.’’ DATES: You should submit your comments by June 17, 2011. ADDRESSES: You should direct all written comments to: Communications Division, Office of the Comptroller of the Currency, Mailstop 2–3, Attention: 1557–0159, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–5274, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy the comments at the OCC, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling (202) 874–4700. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–5043. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Additionally, please send a copy of your comments to OCC Desk Officer, 1557–0159, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: You can request additional information from Mary H. Gottlieb, OCC Clearance Officer, (202) 874–5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to revise the following information collection: Title: Fair Housing Home Loan Data System Regulation. OMB Control No.: 1557–0159. Description: The Fair Housing Act (42 U.S.C. 3605) prohibits discrimination in the financing of housing on the basis of race, color, religion, sex, or national origin. The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) prohibits discrimination in any aspect of a credit transaction on the basis of race, color, religion, national origin, sex, marital status, age, receipt of income from PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 public assistance, or exercise of any right under the Consumer Credit Protection Act. The OCC is responsible for ensuring that national banks comply with those laws. This information in collection 12 CFR Part 27 is needed to promote national bank compliance and for OCC to fulfill its statutory responsibilities. The information collection requirements in 12 CFR part 27 are as follows: • Section 27.3(a) requires national banks that are required to collect data on home loans under 12 CFR part 203 to present the data on Federal Reserve Form FR HMDA–LAR,1 or in automated format in accordance with the HMDA– LAR instructions, and to include one additional item (the reason for denial) on the HMDA–LAR. Section 27.3(a) also lists exceptions to the HMDA–LAR recordkeeping requirements. • Section 27.3(b) lists the information banks should obtain from an applicant as part of a home loan application, and states information that a bank must disclose to an applicant. • Section 27.3(c) sets forth additional information required to be kept in the loan file. • Section 27.4 states that the OCC may require a national bank to maintain a Fair Housing Inquiry/Application Log found in Appendix III to part 27 if there is reason to believe that the bank is engaging in discriminatory practices or if analysis of the data compiled by the bank under the Home Mortgage Disclosure Act (12 U.S.C. 2801 et seq.) and 12 CFR part 203 indicates a pattern of significant variation in the number of home loans between census tracts with similar incomes and home ownership levels differentiated only by race or national origin. • Section 27.5 requires a national bank to maintain the information required by § 27.3 for 25 months after the bank notifies the applicant of action taken on an application, or after withdrawal of an application. • Section 27.7 requires a national bank to submit the information required by §§ 27.3(a) and 27.4 to the OCC upon its request, prior to a scheduled examination using the Monthly Home Loan Activity Format form in Appendix I to part 27 and the Home Loan Data Form in Appendix IV to part 27. Type of Review: Regular. Affected Public: Businesses or other for-profit. Estimated Number of Respondents: 625. Estimated Total Annual Responses: 625. 1 Loan Application Register, http://www.ffiec.gov/ hmda/doc/hmdalar2007.doc. E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21797-21798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9262]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35484]


Arkansas Shortline Railroads, Inc.--Continuance in Control 
Exemption--Dardanelle & Russellville Railroad, Inc., Ouachita Railroad, 
and Camden & Southern Railroad, Inc.

    Arkansas Shortline Railroads, Inc. (ASR), a noncarrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to 
continue in control of Camden & Southern Railroad, Inc. (C&S), upon 
C&S's becoming a Class III rail carrier.
    This transaction is related to a verified notice of exemption filed 
on April 7, 2011, in Docket No. FD 35483, Camden & Southern Railroad, 
Inc.--Lease & Operation Exemption--Camden Area Industrial Development 
Corporation. In that proceeding, C&S seeks an exemption under 49 CFR 
1150.31 to lease and operate 17,837 feet of trackage owned by Camden 
Area Industrial Development Corporation, located at Zone JH482, Yard 
06, opposite milepost 463 of Union Pacific Railroad Company's Gurdon 
Subdivision, Camden, Ouachita County, Ark.
    The parties intend to consummate the transaction on or shortly 
after the effective date of the related notice.
    ASR currently controls 2 Class III railroads, Dardanelle & 
Russellville Railroad, Inc. and Ouachita Railroad.
    ASR represents that: (1) The rail line to be operated by C&S does 
not connect with any other railroads in the corporate family; (2) the 
transaction is not part of

[[Page 21798]]

a series of anticipated transactions that would connect the rail lines 
with any other railroad in the corporate family; and (3) the 
transaction does not involve a Class I rail carrier. Therefore, the 
transaction is exempt from the prior approval requirements of 49 U.S.C. 
11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under Sec.  11324 and 
Sec.  11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here because all of 
the carriers involved are Class III carriers.
    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 no later than April 29, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35484, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Richard H. Streeter, 5255 Partridge Lane, 
NW., Washington, DC 20016.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 12, 2011.

    By the Board.

Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-9262 Filed 4-15-11; 8:45 am]
BILLING CODE 4915-01-P