Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System, 77785-77786 [2013-30535]
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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
These 26 applicants have had ITDM
over a range of 1 to 37 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 October
28, 2013, Federal Register notice and
they will not be repeated in this notice.
emcdonald on DSK67QTVN1PROD with NOTICES
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment is considered
and discussed below.
Ted Whitish is in favor of granting an
exemption to Sean T. McMahon.
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’
VerDate Mar<15>2010
16:36 Dec 23, 2013
Jkt 232001
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
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 26
exemption applications, FMCSA
exempts Daniel L. Alcaraz (IL), John
Baltich (PA), Rodney G. Bell (IA), John
D. Clark, 4th (NJ), Theeir L. Coleman
(VA), Michael W. Denney (KY), Charles
G. Garabedian (NH), William I. Harbolt
(MT), Ryan L. Harrier (MI), John D.
Heffington (KS), Matthew L. Herscowitz
(CA), Larry W. Hines (NM), Mark G.
Kahler (TX), Roger B. Larson (MN),
Michael W. McCrary (GA), Sean T.
McMahon (MN), David S. Monroe (KS),
Steven M. Oliver (AZ), John E. Parker
(KS), Thomas B. Quirk (CT), Michael R.
Shields (ND), David G. Shultz (PA),
Donald A. Spivey (TN), James S. Tracy
(ID), James S. Wolfe (IA), and Jerry D.
Zimmerman (ND) 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
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Frm 00143
Fmt 4703
Sfmt 4703
77785
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: December 16, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–30716 Filed 12–23–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2013–0125]
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
In accordance with Part 235 of Title
49 Code of Federal Regulations and 49
U.S.C. 20502(a), this document provides
the public notice that by a document
dated September 3, 2013, Union Pacific
Railroad (UP) and BNSF Railway
(BNSF) jointly petitioned the Federal
Railroad Administration (FRA) seeking
approval for the discontinuance or
modification of a signal system. FRA
assigned the petition Docket Number
FRA–2013–0125.
Applicants:
Union Pacific Railroad, Mr. Phillip A.
Danner, AVP Engineering–Signal,
1400 Douglas Street, MS 0910,
Omaha, NE 68179
BNSF Railway, Mr. James G. Levere,
AVP Signal, 2600 Lou Menk Drive,
OOB–3, Fort Worth, TX 76131
UP and BNSF jointly seek approval of
the proposed temporary discontinuance
of the signal system at Tower 55 in Fort
Worth, TX. The limits of the temporary
discontinuance are as follows:
• Fort Worth Subdivision from Milepost
(MP) 249.5 to MP 251.0
• Fort Worth Subdivision Ney Bypass
from MP 248.84 to MP 250.50
• Dallas Subdivision from MP 247.8 to
MP 244.20
• Choctaw Subdivision #1 Track and
Gauntlet Track from MP 754.20 to MP
755.50
• Choctaw Subdivision #2 Track and
North Yard Siding from MP 752.20 to
MP 754.40
E:\FR\FM\24DEN1.SGM
24DEN1
emcdonald on DSK67QTVN1PROD with NOTICES
77786
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
• Duncan Subdivision from MP 611.90
to MP 612.90
The purpose of the temporary
discontinuance is to support the
installation of new track and a revised
signal system. UP and BNSF estimate
the discontinuance to be no more than
120 consecutive days, within a time
period starting after July 1, 2014, and
ending before April 1, 2015. During the
discontinuance, trains will operate
through the area via Form ‘‘C’’ rules,
under the direction of the Employee-InCharge.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received by
February 7, 2014 will be considered by
FRA before final action is taken.
Comments received after that date will
be considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). See https://
VerDate Mar<15>2010
16:36 Dec 23, 2013
Jkt 232001
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov
or interested parties may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2013–30535 Filed 12–23–13; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2013–0135]
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
In accordance with Part 235 of Title
49 Code of Federal Regulations and 49
U.S.C. 20502(a), this document provides
the public notice that by a document
dated November 22, 2013, NJ Transit
Rail Operations, Inc. (NJTRO), Norfolk
Southern Corporation (NS), and
Morristown and Erie Railway (ME)
jointly petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of a signal system. FRA assigned the
petition Docket Number FRA–2013–
0135.
Applicants:
NJ Transit Rail Operations, Inc., Mr.
Timothy P. Purcell, Acting Chief
Engineer—Signals, One Penn Plaza
East, Newark, NJ 07105–2246
Norfolk Southern Corporation, Mr.
Brian Sykes, Chief Engineer C&S
Engineering, 1200 Peachtree Street
NE, Atlanta, GA 30309
Morristown and Erie Railway, Mr.
Wesley R. Weis, President and Chief
Executive Officer, P.O. Box 2206, 49
Abbett Avenue, Morristown, NJ 07962
NJTRO, NS, and ME jointly seek
approval of the proposed
discontinuance of the automatic block
signal (ABS) system on Track Number 2;
the installation of a traffic control
system (TCS) on Track Number 2; the
discontinuance of automatic signals
within TCS territory; and the retention
of a cab signal system without wayside
automatic signals on Track Numbers 1
and 2, between Control Point (CP)
Wharton, Milepost (MP) 39.4 and Morris
Junction Interlocking, MP 45.2 on
NJTRO’s Morristown Line, Hoboken
Division, Morris County, NJ. Provisions
will be made for absolute blocking to
protect any train that may experience a
failed cab signal after leaving its initial
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Frm 00144
Fmt 4703
Sfmt 4703
terminal. The discontinuance will
include automatic signals: M 408–1, M
408–2, M 409–1, M 424–1, M 424–2, M
423–1, M 438–1, M 438–2, and M 439–
1.
The reasons given for the proposed
changes are to improve reliability and
safety, expedite train movements, and
retire facilities no longer required for
present train operations.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
Docket Operations Facility, 1200 New
Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by
February 7, 2014 will be considered by
FRA before final action is taken.
Comments received after that date will
be considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). See https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov
or interested parties may review DOT’s
complete Privacy Act Statement in the
E:\FR\FM\24DEN1.SGM
24DEN1
Agencies
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77785-77786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30535]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2013-0125]
Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System
In accordance with Part 235 of Title 49 Code of Federal Regulations
and 49 U.S.C. 20502(a), this document provides the public notice that
by a document dated September 3, 2013, Union Pacific Railroad (UP) and
BNSF Railway (BNSF) jointly petitioned the Federal Railroad
Administration (FRA) seeking approval for the discontinuance or
modification of a signal system. FRA assigned the petition Docket
Number FRA-2013-0125.
Applicants:
Union Pacific Railroad, Mr. Phillip A. Danner, AVP Engineering-Signal,
1400 Douglas Street, MS 0910, Omaha, NE 68179
BNSF Railway, Mr. James G. Levere, AVP Signal, 2600 Lou Menk Drive,
OOB-3, Fort Worth, TX 76131
UP and BNSF jointly seek approval of the proposed temporary
discontinuance of the signal system at Tower 55 in Fort Worth, TX. The
limits of the temporary discontinuance are as follows:
Fort Worth Subdivision from Milepost (MP) 249.5 to MP 251.0
Fort Worth Subdivision Ney Bypass from MP 248.84 to MP 250.50
Dallas Subdivision from MP 247.8 to MP 244.20
Choctaw Subdivision 1 Track and Gauntlet Track from
MP 754.20 to MP 755.50
Choctaw Subdivision 2 Track and North Yard Siding
from MP 752.20 to MP 754.40
[[Page 77786]]
Duncan Subdivision from MP 611.90 to MP 612.90
The purpose of the temporary discontinuance is to support the
installation of new track and a revised signal system. UP and BNSF
estimate the discontinuance to be no more than 120 consecutive days,
within a time period starting after July 1, 2014, and ending before
April 1, 2015. During the discontinuance, trains will operate through
the area via Form ``C'' rules, under the direction of the Employee-In-
Charge.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
Web site: https://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received by February 7, 2014 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See https://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2013-30535 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-06-P