Pickens Railway Company-Abandonment Exemption-in Pickens County, SC, 59451-59452 [2012-23757]

Download as PDF Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Notices These 19 applicants have had ITDM over a range of 1 to 22 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the August 2, 2012, Federal Register notice and they will not be repeated in this notice. Discussion of Comments FMCSA did not receive any comments in this proceeding. erowe on DSK2VPTVN1PROD with Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of VerDate Mar<15>2010 15:00 Sep 26, 2012 Jkt 226001 severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Conclusion Based upon its evaluation of the 19 exemption applications, FMCSA exempts Kevin M. Brown (CO), Alvin J. Chandler (VA), Vernon V. Cromartie (NJ), Eric C. Fuller (AZ), Kevin M. Klevecz (VA), Matthew R. Lanciault (NH), Steven L. Leslie (MI), Anthony J. Lesmeister (ND), Lawrence C. Mace (PA), Del A. Meath (MN), David D. Nelson (ND), Benny D. Puck (IA), Bob F. Rice (WA), Thomas P. Ropiak (WI), Larry L. Smith (IN), William G. Smith (AR), Larry D. Way (OH), Paul E. Williams, Jr. (GA), and Quintin E. Williams (NC) from the ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the 1/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. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: September 19, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–23759 Filed 9–26–12; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 59451 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1097X] Pickens Railway Company— Abandonment Exemption—in Pickens County, SC Pickens Railway Company (Pickens) has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments to abandon approximately 8.5 miles of rail line between approximate milepost 0.0 (at or near Pickens) and the end of the line at approximate milepost 8.5 (at or near Easley), in Pickens County, S.C. The line traverses United States Postal Service Zip Codes 29671 and 29641. Pickens has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic on the line, if any, 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 Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.1 As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 October 27, 2012, unless stayed pending reconsideration. Petitions to stay that do 1 Pickens states that it has used the subject line to access a Pickens-owned locomotive shop to repair or rebuild locomotives but that there have been no rail cars (as opposed to locomotives) on the line for more than two years. Under the circumstances, Pickens asserts that use of the class exemption procedure is appropriate, citing Union Pacific Railroad Co.—Abandonment Exemption—in Ada County, Idaho, AB 33 (Sub-No. 137X) (STB served Aug. 6, 1999). E:\FR\FM\27SEN1.SGM 27SEN1 59452 Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Notices erowe on DSK2VPTVN1PROD with not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 9, 2012. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by October 17, 2012, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to Pickens’ representative: Rose-Michele Nardi, Weiner Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036–1609. If the verified notice contains false or misleading information, the exemption is void ab initio. Pickens has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 2, 2012. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), Pickens shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by Picken’s filing of a notice of consummation by September 27, 2013, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,600. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2012 Update, EP 542 (Sub-No. 20) (STB served July 27, 2012). VerDate Mar<15>2010 15:00 Sep 26, 2012 Jkt 226001 Board decisions and notices are available on our Web site at www.stb.dot.gov. By the Board. Decided: September 19, 2012. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Unit. [FR Doc. 2012–23757 Filed 9–26–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities; Proposed Information Collection; Submission for OMB Review Office of the Comptroller of the Currency, Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork 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, ‘‘Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003.’’ The OCC also is giving notice that it is sending the collection to OMB for review. DATES: Comments must be received by October 29, 2012. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Mailstop 2–3, Attention: 1557–0237, 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 may personally inspect and photocopy comments at the OCC, 250 E Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–4700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in SUMMARY: PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 order to inspect and photocopy comments. Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557–0237, 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 or a copy of the collection from Mary H. Gottlieb, (202) 874–5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: There have been no changes to the requirements of the regulations; however, certain sections of the regulations have been transferred to the Bureau of Consumer Financial Protection (CFPB) pursuant to title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, 124 Stat. 1955, July 21, 2010 (Dodd-Frank Act), and republished as CFPB regulations (76 FR 79308 (December 21, 2011)). The transferred regulations, which relate to address discrepancies, previously were found at 12 CFR 41.82, and have now been moved to 12 CFR 1022.82. The burden estimates for this portion of the collection have been revised to remove the burden attributable to OCCregulated institutions with over $10 billion in total assets, now carried by CFPB pursuant to section 1025 of the Dodd-Frank Act. The OCC retains enforcement authority under 12 CFR 1022.82 for those institutions under its supervision with total assets of $10 billion or less. Title: Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003. OMB Control No.: 1557–0237. Description: Section 114 of the FACT Act amended section 615 of the Fair Credit Reporting Act (FCRA) to require the Agencies 1 to issue jointly: • Guidelines for financial institutions and creditors regarding identity theft with respect to their account holders and customers. In developing the guidelines, the Agencies were required to identify patterns, practices, and 1 Section 114 required regulations to be issued jointly by the Federal banking agencies, the National Credit Union Administration and the Federal Trade Commission. Therefore, for purposes of this filing, ‘‘Agencies’’ refers to these entities. It is important to note that Section 1088(a)(8) of the Dodd-Frank Act further amended section 615 of FCRA to also require the Securities and Exchange Commission and the Commodity Futures Trading Commission to issue Red Flags Rules. E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59451-59452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23757]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1097X]


Pickens Railway Company--Abandonment Exemption--in Pickens 
County, SC

    Pickens Railway Company (Pickens) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon approximately 8.5 miles of rail line between approximate 
milepost 0.0 (at or near Pickens) and the end of the line at 
approximate milepost 8.5 (at or near Easley), in Pickens County, S.C. 
The line traverses United States Postal Service Zip Codes 29671 and 
29641.
    Pickens has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic on the line, if any, 
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 Surface Transportation Board 
(Board) or with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.\1\
---------------------------------------------------------------------------

    \1\ Pickens states that it has used the subject line to access a 
Pickens-owned locomotive shop to repair or rebuild locomotives but 
that there have been no rail cars (as opposed to locomotives) on the 
line for more than two years. Under the circumstances, Pickens 
asserts that use of the class exemption procedure is appropriate, 
citing Union Pacific Railroad Co.--Abandonment Exemption--in Ada 
County, Idaho, AB 33 (Sub-No. 137X) (STB served Aug. 6, 1999).
---------------------------------------------------------------------------

    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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 October 27, 2012, unless stayed pending reconsideration. 
Petitions to stay that do

[[Page 59452]]

not involve environmental issues,\2\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by October 9, 2012. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by October 17, 2012, with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,600. See Regulations Governing Fees for 
Servs. Performed in Connection with Licensing & Related Servs.--2012 
Update, EP 542 (Sub-No. 20) (STB served July 27, 2012).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
Pickens' representative: Rose-Michele Nardi, Weiner Brodsky Sidman 
Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036-
1609.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Pickens has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by October 2, 2012. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at (800) 877-8339. Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA becomes 
available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), Pickens shall 
file a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by Picken's filing of a notice of 
consummation by September 27, 2013, and there are no legal or 
regulatory barriers to consummation, the authority to abandon will 
automatically expire.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    By the Board.

    Decided: September 19, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Unit.
[FR Doc. 2012-23757 Filed 9-26-12; 8:45 am]
BILLING CODE 4915-01-P