Ouachita Railroad, Inc.-Abandonment Exemption-in Union County, Ark., and Union Parish, La., 2480-2481 [2015-00595]

Download as PDF 2480 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices 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 November 7, 2014, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comment in this proceeding. The comment is discussed below. Erik Lane stated that he wanted the exemption process to move faster as he has been unable to work. asabaliauskas on DSK5VPTVN1PROD with NOTICES IV. 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. V. 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 VerDate Sep<11>2014 17:36 Jan 15, 2015 Jkt 235001 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. VI. Conclusion Based upon its evaluation of the 52 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 949 CFR 391.64(b)): Travis L. Beck (OH) Corey C. Bennett (MS) Richard C. Bennett (MA) Nicholas J. Borelli (NJ) Bobby L. Brown (MO) Elvis P. Butler (TN) John H. Butler (OH) Michael E. Calvert (TX) Keith J. Cole (WI) Kevin E. Conti (OH) Marsh L. Daggett (TX) Daniel D. Eisenbise (OK) Callie W. Freeman (NC) Brandy D. Green (OK) Chad E. Hales (UT) Dennis L. Hooyman (WI) Lorenza K. Jefferson (VA) Edward Johnson (TN) William O. Johnson, Jr. (IN) Michael E. Kroll (WI) Thomas J. LaPointe (MA) Matthew A. Lind (PA) Cynthia A. Martindale (UT) Isolina Matos (NJ) Rex D. McManaway (IL) Steven A. Metternick (MI) Daniel P. Miller (PA) James K. Ollerich (SD) Scott B. Olson (ND) Raymond E. Pawloski (MI) Rodney D. Pedersen (MN) Loren A. Pingel (CO) Douglas S. Pitcher (NY) John E. Pringle (WA) Terrence A. Proctor (MD) Salvador Ramirez, Jr. (IL) Heber E. Rodriguez (VA) Ethan T. Roy (OH) Emily J. Runde (WA) Jerome E. Schwarz (KS) Lukas N. Skutnik (NE) Daniel C. Sliman (OH) Jeffrey A. Sturgill (OH) Maurice S. Styles (MN) Steven M. Theys (WI) Richard J. Thomas (IN) Kevin E. Tucker (WV) Robert Vassallo (NY) PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Clifford L. White (KS) Jason L. Woody (KS) John A. Yarde (IL) Wesley B. Yokum (PA) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 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 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: January 8, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–00609 Filed 1–15–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1122X] Ouachita Railroad, Inc.—Abandonment Exemption—in Union County, Ark., and Union Parish, La. Ouachita Railroad, Inc. (Ouachita) has filed a verified notice of exemption under 49 CFR part 1152 subpart F– Exempt Abandonments to abandon an approximately 13.4-mile line of railroad between milepost 112, near Junction City, in Union County, Ark., and milepost 125.4, near Lillie, in Union Parish, La. (the Line). The Line traverses United States Postal Service Zip Codes 71749 and 71256. Ouachita has certified that (1) no local traffic has moved over the Line for at least two years; (2) the line is stubended and not capable of handling overhead traffic; (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 is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a 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. E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 February 18, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 26, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 5, 2015, 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 Ouachita’s representative: Richard H. Streeter, 5255 Partridge Lane NW., Washington, DC 20016. If the verified notice contains false or misleading information, the exemption is void ab initio. Ouachita 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 January 23, 2015. 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. 1 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. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). VerDate Sep<11>2014 17:36 Jan 15, 2015 Jkt 235001 Environmental, historic preservation, public use, or interim 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), Ouachita 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 Ouachita’s filing of a notice of consummation by January 16, 2016, 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: January 13, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015–00595 Filed 1–15–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 290 (Sub-No. 367X)] Norfolk Southern Railway Company— Abandonment Exemption—in Erie County, N.Y. Norfolk Southern Railway Company (NSR) has filed a verified notice of exemption under 49 CFR part 1152, subpart F–Exempt Abandonments to abandon approximately 1.60 miles of railroad line in Erie County, N.Y. (the Line). The Line extends between milepost VK 3.90 (near Scrivner Drive) and milepost VK 5.50 (near Indian Church Road) and traverses United States Postal Service Zip Codes 14224 and 14227. NSR 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 overhead traffic, if there were any, 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 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 2481 (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 February 12, 2015, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 23, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 2, 2015, 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: William A. Mullins, 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 address the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by January 16, 2015. 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 1 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. 2 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\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2480-2481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00595]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1122X]


Ouachita Railroad, Inc.--Abandonment Exemption--in Union County, 
Ark., and Union Parish, La.

    Ouachita Railroad, Inc. (Ouachita) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F-Exempt Abandonments to 
abandon an approximately 13.4-mile line of railroad between milepost 
112, near Junction City, in Union County, Ark., and milepost 125.4, 
near Lillie, in Union Parish, La. (the Line). The Line traverses United 
States Postal Service Zip Codes 71749 and 71256.
    Ouachita has certified that (1) no local traffic has moved over the 
Line for at least two years; (2) the line is stub-ended and not capable 
of handling overhead traffic; (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 is pending with the Surface Transportation Board (Board) or with 
any U.S. District Court or has been decided in favor of a 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.

[[Page 2481]]

    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 February 18, 2015, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
interim trail use/rail banking requests under 49 CFR 1152.29 must be 
filed by January 26, 2015. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by February 5, 2015, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ 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 
Ouachita's representative: Richard H. Streeter, 5255 Partridge Lane 
NW., Washington, DC 20016.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Ouachita 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 January 23, 2015. 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 interim 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), Ouachita 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 Ouachita's filing of a notice of 
consummation by January 16, 2016, 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: January 13, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-00595 Filed 1-15-15; 8:45 am]
BILLING CODE 4915-01-P