Wisconsin Central Ltd.-Abandonment Exemption-in Lake County, Ill., 17141-17142 [2015-07243]

Download as PDF Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices D. Comments Docket # FMCSA–2014–0378 On October 27, 2014, FMCSA published a notice of receipt of exemption applications and requested public comment on six individuals (79 FR 64003; Docket number FMCSA– 2014–25450). The comment period ended on November 26, 2014. Three commenters responded to this notice. Bobby Shane Walker, an applicant in this notice, expressed support for his health status and driving safety. He provided details about his most recent driving accident. An anonymous commenter submitted details involving Bobby Shane Walker’s recent driving accident and provided the driving accident report. Bob Johnson expressed support for the Epilepsy standard because it will save lives and benefit our citizens. Of the six applicants, three were denied. The Agency has determined that the following three applicants should be granted an exemption. James Connelly Mr. Connelly is a 60 year-old class B CDL holder in New Jersey. He has a history of seizures and has remained seizure free since 2000. He takes antiseizure medication with the dosage and frequency remaining the same since that time. If granted an exemption, he would like to drive a CMV. His physician states he is supportive of Mr. Connelly receiving an exemption. Timothy C. Marrill Mr. Marrill is a 48 year-old class A CDL holder in Missouri. He has a history of epilepsy and has remained seizure free since 1995. He takes antiseizure medication with the dosage and frequency remaining the same for over two years. If granted an exemption, he would like to drive a CMV. His physician states he is supportive of Mr. Marrill receiving an exemption. asabaliauskas on DSK5VPTVN1PROD with NOTICES John Rinkema Mr. Rinkema is a 64 year-old driver in Illinois. He has a history of seizures and has remained seizure free since 1968. He takes anti-seizure medication with the dosage and frequency remaining the same since that time since 2004. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Rinkema receiving an exemption. E. Basis for Exemption Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the VerDate Sep<11>2014 18:32 Mar 30, 2015 Jkt 235001 exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. Without the exemption, applicants will continue to be restricted to intrastate driving. With the exemption, applicants can drive in interstate commerce. Thus, the Agency’s analysis focuses on whether an equal or greater level of safety is likely to be achieved by permitting each of these drivers to drive in interstate commerce as opposed to restricting the driver to driving in intrastate commerce. Conclusion The Agency is granting exemptions from the epilepsy standard, 49 CFR 391.41(b)(8), to 3 individuals based on a thorough evaluation of each driver’s safety experience, and medical condition. Safety analysis of information relating to these 3 applicants meets the burden of showing that granting the exemptions would achieve a level of safety that is equivalent to or greater than the level that would be achieved without the exemption. By granting the exemptions, the interstate CMV industry will gain 3 highly trained and experienced drivers. In accordance with 49 U.S.C. 31315(b)(1), each exemption will be valid for 2 years, with annual recertification required 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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. FMCSA exempts the following 3 drivers for a period of 2 years with annual medical certification required: James Connelly (NJ); Timothy Merrill (MO); and John Rinkema (IL) from the prohibition of CMV operations by persons with a clinical diagnosis of epilepsy or seizures. If the exemption is still in effect 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: March 20, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–07332 Filed 3–30–15; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 17141 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 303 (Sub-No. 46X)] Wisconsin Central Ltd.—Abandonment Exemption—in Lake County, Ill. On March 11, 2015, Wisconsin Central Ltd. (WCL) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon 3.6 miles of rail line extending between milepost 71.0 in North Chicago, Lake County, Ill., and milepost 74.6 in Waukegan, Lake County, Ill. (the Line). The Line traverses United States Postal Service Zip Codes 60064, 60085, and 60087. According to WCL, there is one shipper, International Precision Components Corporation (IPCC), located on the Line. WCL states that IPCC has entered into a terminable agreement with WCL to lease a side track connecting to the Line. From WCL’s side track, IPCC transloads shipments to truck for final delivery at IPCC’s off-Line manufacturing facility. WCL notes that it is exploring the relocation of IPCC’s transloading operations to another railserved location. After receiving Board authority to abandon the Line, WCL states that it intends to salvage the rails, ties, and other track material and then to negotiate a sale of the right-of-way to the City of Waukegan (City). According to WCL, the sale of the right-of-way will allow the City to implement an urban redevelopment project. In addition to an exemption from the provisions of 49 U.S.C. 10903, WCL seeks an exemption from 49 U.S.C. 10904 (offer of financial assistance (OFA) procedures). In support, WCL states that the right-of-way is needed for a valid public purpose as it is an essential component of the City’s multifaceted lakefront revitalization and redevelopment effort. WCL further asserts that there is no overriding public need for continued freight rail service. This request will be addressed in the final decision. According to WCL, the Line does not contain federally granted rights-of-way. Any documentation in WCL’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding E:\FR\FM\31MRN1.SGM 31MRN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 17142 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices pursuant to 49 U.S.C. 10502(b). A final decision will be issued by June 29, 2015. Any OFA under 49 CFR 1152.27(b)(2) will be due by July 9, 2015, or 10 days after service of a decision granting the petition for exemption, whichever occurs first. Each OFA must be accompanied by a $1,600 filing fee. See 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment, the Line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than April 20, 2015. Each trail request must be accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to Docket No. AB 303 (SubNo. 46X) and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423– 0001; and (2) Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. Replies to the petition are due on or before April 20, 2015. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Assistance, Governmental Affairs and Compliance at (202) 245–0238 or refer to the full abandonment regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Office of Environmental Analysis (OEA) at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at 1–800– 877–8339. An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any other agencies or persons who comment during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: March 25, 2015. VerDate Sep<11>2014 18:32 Mar 30, 2015 Jkt 235001 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015–07243 Filed 3–30–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA–2013–0513] Registration and Financial Security Requirements for Brokers of Property and Freight Forwarders; Association of Independent Property Brokers and Agents’ Exemption Application Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of denial of application for exemption. AGENCY: FMCSA denies an application from the Association of Independent Property Brokers and Agents (AIPBA) for an exemption for all property brokers and freight forwarders from the $75,000 bond provision included in section 32918 of the Moving Ahead for Progress in the 21st Century Act (MAP– 21), now codified in 49 U.S.C. 13906. AIPBA filed its request pursuant to 49 U.S.C. 13541 on August 14, 2013. On December 26, 2013, FMCSA published a notice in the Federal Register requesting comments from all interested parties on AIPBA’s exemption application. After reviewing the public comments, the Agency has concluded that the exemption should be denied on the basis that 49 U.S.C.13541 does not give FMCSA the authority to essentially nullify a statutory provision by exempting the entire class of persons subject to the provision. Furthermore, even if the Agency had the authority to issue such a blanket exemption, AIPBA’s exemption application does not meet the factors provided in section 13541 because (1) the new $75,000 bond requirement is necessary to carry out the National Transportation Policy at 49 U.S.C.13101, (2) there has been no showing that the $75,000 requirement ‘‘is not needed to protect shippers from the abuse of market power’’ and (3) the requested exemption is not in the public interest. DATES: This decision is effective March 31, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief of Driver and Carrier Operations, (202) 366–4001 or thomas.yager@dot.gov, FMCSA, Department of Transportation, 1200 SUMMARY: PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 New Jersey Ave. SE., Washington, DC 20590. ADDRESSES: For access to the docket to read background documents, including those referenced in this document, or to read comments received, go to: • Regulations.gov, http:// www.regulations.gov, at any time and insert FMCSA–2013–0513 in the ‘‘Keyword’’ box, and then click ‘‘Search.’’ • Docket Management Facility, Room W12–140, DOT Building, 1200 New Jersey Ave. SE., Washington, DC 20590. You may view the docket online by visiting the facility between 9 a.m. and 5 p.m., Monday through Friday except Federal holidays. Viewing Comments and Documents AIPBA’s exemption application and all public comments are available in the public docket. To view comments filed in this docket, go to http:// www.regulations.gov and click on the ‘‘Read Comments’’ box in the upper right hand side of the screen. Then, in the ‘‘Keyword’’ box, insert ‘‘FMCSA– 2013–0513’’ and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. Finally, in the ‘‘Title’’ column, click on the document you would like to review. If you do not have access to the Internet, you may view the docket by visiting the Docket Management Facility at the address above. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. SUPPLEMENTARY INFORMATION: Legal Basis for the Exemption Application and Proceeding Section 13541(a) of title 49 of the United States Code (49 U.S.C. 13541) requires the Secretary of Transportation (Secretary) to exempt a person, class of persons, or a transaction or service from the application, in whole or in part, of a provision of 49 U.S.C., Subtitle IV, Part B (Chapters 131–149), or to use the exemption authority to modify the application of a provision of 49 U.S.C. Chapters 131–149 as it applies to such person, class, transaction, or service when the Secretary finds that the application of the provision: • Is not necessary to carry out the transportation policy of 49 U.S.C. 13101 E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17141-17142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07243]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 303 (Sub-No. 46X)]


Wisconsin Central Ltd.--Abandonment Exemption--in Lake County, 
Ill.

    On March 11, 2015, Wisconsin Central Ltd. (WCL) filed with the 
Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 
for exemption from the provisions of 49 U.S.C. 10903 to abandon 3.6 
miles of rail line extending between milepost 71.0 in North Chicago, 
Lake County, Ill., and milepost 74.6 in Waukegan, Lake County, Ill. 
(the Line). The Line traverses United States Postal Service Zip Codes 
60064, 60085, and 60087.
    According to WCL, there is one shipper, International Precision 
Components Corporation (IPCC), located on the Line. WCL states that 
IPCC has entered into a terminable agreement with WCL to lease a side 
track connecting to the Line. From WCL's side track, IPCC transloads 
shipments to truck for final delivery at IPCC's off-Line manufacturing 
facility. WCL notes that it is exploring the relocation of IPCC's 
transloading operations to another rail-served location. After 
receiving Board authority to abandon the Line, WCL states that it 
intends to salvage the rails, ties, and other track material and then 
to negotiate a sale of the right-of-way to the City of Waukegan (City). 
According to WCL, the sale of the right-of-way will allow the City to 
implement an urban redevelopment project.
    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
WCL seeks an exemption from 49 U.S.C. 10904 (offer of financial 
assistance (OFA) procedures). In support, WCL states that the right-of-
way is needed for a valid public purpose as it is an essential 
component of the City's multi-faceted lakefront revitalization and 
redevelopment effort. WCL further asserts that there is no overriding 
public need for continued freight rail service. This request will be 
addressed in the final decision.
    According to WCL, the Line does not contain federally granted 
rights-of-way. Any documentation in WCL's possession will be made 
available promptly to those requesting it.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, In Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding

[[Page 17142]]

pursuant to 49 U.S.C. 10502(b). A final decision will be issued by June 
29, 2015.
    Any OFA under 49 CFR 1152.27(b)(2) will be due by July 9, 2015, or 
10 days after service of a decision granting the petition for 
exemption, whichever occurs first. Each OFA must be accompanied by a 
$1,600 filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment, 
the Line may be suitable for other public use, including interim trail 
use. Any request for a public use condition under 49 CFR 1152.28 or for 
trail use/rail banking under 49 CFR 1152.29 will be due no later than 
April 20, 2015. Each trail request must be accompanied by a $300 filing 
fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
303 (Sub-No. 46X) and must be sent to: (1) Surface Transportation 
Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Robert A. 
Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, 
Chicago, IL 60606-2832. Replies to the petition are due on or before 
April 20, 2015.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs and Compliance at (202) 245-0238 or refer to the 
full abandonment regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Office of 
Environmental Analysis (OEA) at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at 1-800-877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any other agencies or persons who comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: March 25, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-07243 Filed 3-30-15; 8:45 am]
BILLING CODE 4915-01-P