V and S Railway, LLC-Acquisition Exemption-Line of Missouri Central Railroad Company, 70930-70931 [2014-28134]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 70930 Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants’ intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 13 applicants listed in the notice of September 18, 2014 (79 FR 56099). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 13 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement 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 provide 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 VerDate Sep<11>2014 16:58 Nov 26, 2014 Jkt 235001 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 have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Discussion of Comments FMCSA received no comments in this proceeding. VI. Conclusion Based upon its evaluation of the 13 exemption applications, FMCSA exempts the following drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): Terry L. Allen (IL) Wilfred J. Brinkman (OH) Todd A. Carlson (MN) Roderick L. Duvall (PA) Ronald R. Gaines (FL) Russel K. Gray (OH) Billy R. Hampton (NC) Raymond A. Holt (CA) Christopher M. Keen (KS) Julie A. Mabry (AZ) William L. Moore (FL) Benny R. Morris (WV) Juan C. Puente (TX) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked 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 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: November 17, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–28070 Filed 11–26–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35868] V and S Railway, LLC—Acquisition Exemption—Line of Missouri Central Railroad Company V and S Railway, LLC (V&S), a Class III rail carrier, has filed a verified notice PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 of exemption under 49 CFR 1150.41 to acquire from Missouri Central Railroad Company (MCRR) and operate a 52.6mile line of railroad extending between milepost 19.0, near Vigus, St. Louis County, Mo., and milepost 71.6, near Beaufort, Franklin County, Mo. (the Line). V&S also is acquiring incidental trackage rights on the Union Pacific Railroad Company (UP) between milepost 19.0, near Vigus, and milepost 10.3, near Rock Island Junction, Mo.1 V&S states that it has reached an agreement with MCRR pursuant to which MCRR will sell and V&S will buy the Line. According to V&S, the agreement between V&S and MCRR does not contain an interchange commitment. V&S also states that the Line is currently operated by Central Midland Railway Company (CMRC).2 According to V&S, CMRC will continue operating the Line proposed to be acquired by V&S pursuant to an agreement between MCRR and CMRC, as amended, which calls for CMRC’s discontinuance of service on the Line, subject to Board authorization, on December 31, 2020. The proposed transaction may be consummated on or after December 12, 2014, the effective date of this exemption (30 days after the exemption was filed). V&S certifies that as a result of the proposed acquisition its revenue will remain below $5 million, and the transaction will not result in the creation of a Class II or Class I rail carrier. 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. Petitions to stay must be filed by December 5, 2014 (at least seven days prior to the date the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35868, 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 applicant’s representative, Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 1 The Line and the UP incidental trackage rights sought to be acquired by V&S were acquired by MCRR as part of the acquisition authorized in Missouri Central Railroad—Acquisition & Operation Exemption—Lines of Union Pacific Railroad, FD 33508 (STB served Jan. 27, 1998). 2 See Cent. Midland Ry.—Operation Exemption— Lines of Mo. Cent. R.R., FD 33988 (STB served Jan. 29, 2001). E:\FR\FM\28NON1.SGM 28NON1 Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices M Street NW. (7th Floor), Washington, DC 20036. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: November 24, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2014–28134 Filed 11–26–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35870] tkelley on DSK3SPTVN1PROD with NOTICES Central of Georgia Railroad Company—Corporate Family Transaction Acquisition Exemption— Norfolk Southern Railway Company Central of Georgia Railroad Company (CGA), a wholly owned subsidiary of Norfolk Southern Railway Company (NSR), has filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction in which CGA will acquire a segment of a line of railroad from NSR.1 The segment is a 0.26-mile portion of NSR’s M-Line, extending between mileposts 16.65–M and 16.91–M in Experiment, Spalding County, Ga. According to CGA, the proposed transaction will transfer the ownership of the line from NSR to CGA. CGA states that no active customers are located on the line and no service has been provided over the line for at least three years. CGA also states that the line parallels and shares a portion of the right-of-way with CGA’s existing and active S-line, which extends from Atlanta, Ga., to Macon, Ga. According to CGA, NSR’s predecessors previously abandoned other segments of the M-line such that the line is accessible today only as a branch off of CGA’s S-line. Unless stayed, the exemption will be effective on December 12, 2014 (30 days after the verified notice was filed). Applicant states that the parties intend to consummate the proposed transaction on or about December 11, 2014, but they may not do so prior to the December 12, 2014 effective date of the exemption. According to CGA, the purpose of the proposed transaction is to centralize title and control of adjacent lines within NSR’s corporate family under the same 1 According to CGA, the line will be transferred by quitclaim deed, which has not yet been prepared. CGA states that a copy of the deed will be filed as soon as it is available. VerDate Sep<11>2014 16:58 Nov 26, 2014 Jkt 235001 subsidiary for more efficient management. The line transfer is a transaction within a corporate family exempted from prior review and approval under 49 CFR 1180.2(d)(3). Applicant states that the transaction will not adversely impact service levels, significantly change operations, or impact CGA’s competitive balance with carriers outside the corporate family. As a condition to the use of this exemption, any employees adversely affected by this transaction will be protected by the conditions set forth in New York Dock Railway—Control— Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979). If the 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. Petitions for stay must be filed no later than December 5, 2014 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35870, 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 applicant’s representative, Garrett D. Urban, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. 70931 Central of Georgia Railroad Company—Discontinuance of Service Exemption—in Upson County, Georgia 3.25 miles of rail line from milepost B 248.10 to milepost B 251.35 in Upson County, Ga. (the Line). The Line traverses United States Postal Service Zip Code 30286. CGA has certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years, and if there were any, it could 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 1105.12 (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 discontinuance 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) to subsidize continued rail service has been received, this exemption will become effective on December 30, 2014, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2),1 must be filed by December 8, 2014.2 Petitions to reopen must be filed by December 18, 2014, 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 CGA’s representative: William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. Central of Georgia Railroad Company (CGA), a wholly owned subsidiary of Norfolk Southern Railway Company, has filed a verified notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments and Discontinuances of Service to discontinue service over approximately 1 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 2 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historic documentation is required here under 49 CFR 1105.6(c) and 49 CFR 1105.8(b), respectively. Decided: November 24, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2014–28120 Filed 11–26–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 372X)] PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\28NON1.SGM 28NON1

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[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Pages 70930-70931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28134]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35868]


V and S Railway, LLC--Acquisition Exemption--Line of Missouri 
Central Railroad Company

    V and S Railway, LLC (V&S), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from 
Missouri Central Railroad Company (MCRR) and operate a 52.6-mile line 
of railroad extending between milepost 19.0, near Vigus, St. Louis 
County, Mo., and milepost 71.6, near Beaufort, Franklin County, Mo. 
(the Line). V&S also is acquiring incidental trackage rights on the 
Union Pacific Railroad Company (UP) between milepost 19.0, near Vigus, 
and milepost 10.3, near Rock Island Junction, Mo.\1\
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    \1\ The Line and the UP incidental trackage rights sought to be 
acquired by V&S were acquired by MCRR as part of the acquisition 
authorized in Missouri Central Railroad--Acquisition & Operation 
Exemption--Lines of Union Pacific Railroad, FD 33508 (STB served 
Jan. 27, 1998).
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    V&S states that it has reached an agreement with MCRR pursuant to 
which MCRR will sell and V&S will buy the Line. According to V&S, the 
agreement between V&S and MCRR does not contain an interchange 
commitment. V&S also states that the Line is currently operated by 
Central Midland Railway Company (CMRC).\2\ According to V&S, CMRC will 
continue operating the Line proposed to be acquired by V&S pursuant to 
an agreement between MCRR and CMRC, as amended, which calls for CMRC's 
discontinuance of service on the Line, subject to Board authorization, 
on December 31, 2020.
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    \2\ See Cent. Midland Ry.--Operation Exemption--Lines of Mo. 
Cent. R.R., FD 33988 (STB served Jan. 29, 2001).
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    The proposed transaction may be consummated on or after December 
12, 2014, the effective date of this exemption (30 days after the 
exemption was filed).
    V&S certifies that as a result of the proposed acquisition its 
revenue will remain below $5 million, and the transaction will not 
result in the creation of a Class II or Class I rail carrier.
    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. Petitions to stay must be filed by December 5, 2014 (at 
least seven days prior to the date the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35868, 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 applicant's representative, Fritz R. Kahn, 
Fritz R. Kahn, P.C., 1919

[[Page 70931]]

M Street NW. (7th Floor), Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: November 24, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2014-28134 Filed 11-26-14; 8:45 am]
BILLING CODE 4915-01-P