Bessemer and Lake Erie Railroad Company-Abandonment Exemption-in Allegheny County, PA, 57680-57681 [2013-22820]
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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Willie E. Nichols (FL)
Jeffrey W. Pike, Jr. (MN)
Jose C. Sanchez-Sanchez (WY)
Charles H. Smith (IN)
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 requirements 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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The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.
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 19 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR
66962; 65 FR 78256; 66 FR 16311; 67 FR
17102; 68 FR 13360; 70 FR 14747; 70 FR
17504; 70 FR 25878; 70 FR 30997; 72 FR
8417; 72 FR 27624; 72 FR 34062; 72 FR
36099; 73 FR 6242; 73 FR 16950; 74 FR
7097; 74 FR 15584; 74 FR 19270; 74 FR
20523; 74 FR 26466; 74 FR 26471; 76 FR
37173). Each of these 19 applicants has
requested renewal of the exemption and
has submitted evidence showing that
the vision in the better eye continues to
meet the requirement 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
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17:27 Sep 18, 2013
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requirements. 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 October 21,
2013.
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 19
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
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: September 10, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–22771 Filed 9–18–13; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 88 (Sub-No. 13X)]
Bessemer and Lake Erie Railroad
Company—Abandonment Exemption—
in Allegheny County, PA
Bessemer and Lake Erie Railroad
Company (B & LE) 1 has filed a verified
notice of exemption under 49 CFR Part
1152 subpart F–Exempt Abandonments
to abandon approximately 0.79 miles of
rail line between milepost 0.31 (east of
Pearl Ave.) and milepost 1.10 (at the
western edge of Pillow Ave.), near
Harwick, Allegheny County, Pa. The
line traverses United States Postal
Service Zip Codes 15024 and 15049.
B & LE has certified that: (1) No local
traffic has moved over the line for at
least two years; (2) there is no overhead
traffic on the line; (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.
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
19, 2013, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,2
1 B & LE is a wholly owned indirect subsidiary
of Canadian National Railway Company.
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.
E:\FR\FM\19SEN1.SGM
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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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 September
30, 2013. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by October 9,
2013, 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 B & LE’s
representative: Audrey L. Brodrick,
Fletcher & Sippel LLC, 29 N. Wacker
Dr., Suite 920, Chicago, IL 60606.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
B & LE 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
September 24, 2013. 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), B & LE 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 B & LE’s filing of a notice of
consummation by September 19, 2014,
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.
Decided: September 16, 2013.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013–22820 Filed 9–18–13; 8:45 am]
BILLING CODE 4915–01–P
3 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR
1002.2(f)(25).
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17:27 Sep 18, 2013
Jkt 229001
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 290 (Sub-No. 341X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in Polk
County, Iowa
Norfolk Southern Railway Company
(NSR) has filed a verified notice of
exemption under 49 CFR part 1152
subpart F—Exempt Abandonments to
abandon approximately 0.6 miles of
non-contiguous rail line segments in
Des Moines, Polk County, Iowa, as
follows: (1) Approximately 0.3 miles of
rail line extending between milepost SD
336.8 at SE 26th Ct. and milepost SD
337.1 at Scott Ave. (the eastern
segment); and (2) approximately 0.3
miles of rail line extending between
milepost SD 339.3 at E 6th Street and
milepost SD 339.6 near E. 1st Street and
the Des Moines River (the western
segment).1 The line traverses United
States Postal Service Zip Codes 50309
and 50317.
NSR has certified that: (1) No local
traffic has moved over the line segments
for at least two years; (2) no overhead
traffic has moved over the line segments
for at least two years, and if there were
any overhead traffic, it could be
rerouted over other lines; (3) no formal
complaint filed by a user of rail service
on the line segments (or by a state or
local government entity acting on behalf
of such user) regarding cessation of
service over the line segments 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.
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.
1 According to NSR, the line segments are part of
the same rail line but are separated by an
approximately 2.0-mile middle line segment, which
will not be abandoned and which will continue to
connect with other rail lines.
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57681
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on October
19, 2013, unless stayed pending
reconsideration. Petitions to stay that do
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 September
30, 2013. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by October 9,
2013, 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 NSR’s
representative: Robert A. Wimbish,
Baker & Miller PLLC, 2401 Pennsylvania
Ave. NW., Suite 300, Washington, DC
20037.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
NSR 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
September 24, 2013. 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), NSR shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line
segments. If consummation has not been
effected by NSR’s filing of a notice of
consummation by September 19, 2014,
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 is currently set at $1,600. See 49 CFR
1002.2(f)(25).
E:\FR\FM\19SEN1.SGM
19SEN1
]]>Agencies
[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Pages 57680-57681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22820]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 88 (Sub-No. 13X)]
Bessemer and Lake Erie Railroad Company--Abandonment Exemption--
in Allegheny County, PA
Bessemer and Lake Erie Railroad Company (B & LE) \1\ has filed a
verified notice of exemption under 49 CFR Part 1152 subpart F-Exempt
Abandonments to abandon approximately 0.79 miles of rail line between
milepost 0.31 (east of Pearl Ave.) and milepost 1.10 (at the western
edge of Pillow Ave.), near Harwick, Allegheny County, Pa. The line
traverses United States Postal Service Zip Codes 15024 and 15049.
---------------------------------------------------------------------------
\1\ B & LE is a wholly owned indirect subsidiary of Canadian
National Railway Company.
---------------------------------------------------------------------------
B & LE has certified that: (1) No local traffic has moved over the
line for at least two years; (2) there is no overhead traffic on the
line; (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.
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 19, 2013, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\2\
[[Page 57681]]
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 September 30, 2013. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by October 9, 2013, 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 is
currently set at $1,600. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to B &
LE's representative: Audrey L. Brodrick, Fletcher & Sippel LLC, 29 N.
Wacker Dr., Suite 920, Chicago, IL 60606.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
B & LE 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 September 24, 2013. 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), B & LE 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 B & LE's filing of a notice of
consummation by September 19, 2014, 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.
Decided: September 16, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-22820 Filed 9-18-13; 8:45 am]
BILLING CODE 4915-01-P
