Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices 21797 

Francisco J. Jimenez 

Christopher J. Kane 

Kenneth C. Keil 

Paul R. Kerpsie 

Melvin A. Kleman 

Michael Lafferty 

Roosevelt Lawson 

Eugene R. Lydick 

Emanuel N. Malone 

Roberto E. Martinez 

Travis W. Neiwert 

Barbara C. Pennington 

Luis H. Sanchez 

George K. Sizemore 

James A. Smith 

Clarence L. Swann, Jr. 

David R. Thomas 

Michael G. Trueblood 

Donald A. Uplinger, II. 

Kerry W. VanStory 

Manuel A.Vargas 

Steven M. Vujicic 

Joseph Watkins 

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 standard 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rescinded earlier by FMCSA.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exemption will be rescinded if: (1) The 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 40 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 78256; 66 FR 

16311; 67 FR 76439; 68 FR 10298; 68 FR 

10301; 68 FR 13360; 68 FR 19596; 69 FR 

33997; 69 FR 61292; 69 FR 64806; 70 FR 

16886; 70 FR 16887; 70 FR 2701; 70 FR 

2705; 70 FR 7543; 70 FR 71884; 71 FR 

4632; 72 FR 11426; 72 FR 11425; 72 FR 

12666; 72 FR 18726; 72 FR 180; 72 FR 

184; 72 FR 5489; 72 FR 25831; 72 FR 

39879; 72 FR 52419; 72 FR 18726; 72 FR 

9397; 73 FR 6246; 73 FR 75803; 74 FR 

15584; 74 FR 15586; 74 FR 11988; 74 FR 

11991; 74 FR 21427; 74 FR 6209; 74 FR 

6211; 74 FR 7097; 74 FR 8842). Each of 

these 40 applicants has requested 

renewal of the exemption and has 

submitted evidence showing that the 

vision in the better eye continues to 

meet the standard 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 standards. 

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 May 18, 

2011. 

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 40 

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: April 7, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–9321 Filed 4–15–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35484] 

Arkansas Shortline Railroads, Inc.— 

Continuance in Control Exemption— 

Dardanelle & Russellville Railroad, 

Inc., Ouachita Railroad, and Camden & 

Southern Railroad, Inc. 

Arkansas Shortline Railroads, Inc. 

(ASR), a noncarrier, has filed a verified 

notice of exemption pursuant to 49 CFR 

1180.2(d)(2) to continue in control of 

Camden & Southern Railroad, Inc. 

(C&S), upon C&S’s becoming a Class III 

rail carrier. 

This transaction is related to a 

verified notice of exemption filed on 

April 7, 2011, in Docket No. FD 35483, 

Camden & Southern Railroad, Inc.— 

Lease & Operation Exemption—Camden 

Area Industrial Development 

Corporation. In that proceeding, C&S 

seeks an exemption under 49 CFR 

1150.31 to lease and operate 17,837 feet 

of trackage owned by Camden Area 

Industrial Development Corporation, 

located at Zone JH482, Yard 06, 

opposite milepost 463 of Union Pacific 

Railroad Company’s Gurdon 

Subdivision, Camden, Ouachita County, 

Ark. 

The parties intend to consummate the 

transaction on or shortly after the 

effective date of the related notice. 

ASR currently controls 2 Class III 

railroads, Dardanelle & Russellville 

Railroad, Inc. and Ouachita Railroad. 

ASR represents that: (1) The rail line 

to be operated by C&S does not connect 

with any other railroads in the corporate 

family; (2) the transaction is not part of 


erowe on DSK5CLS3C1PROD with NOTICES
21798 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Notices 

1Loan Application Register, http://www.ffiec.gov/ 

hmda/doc/hmdalar2007.doc. 

a series of anticipated transactions that 

would connect the rail lines with any 

other railroad in the corporate family; 

and (3) the transaction does not involve 

a Class I rail carrier. Therefore, the 

transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under § 11324 and § 11325 

that involve only Class III rail carriers. 

Accordingly, the Board may not impose 

labor protective conditions here because 

all of the carriers involved are Class III 

carriers. 

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. Stay petitions must be 

filed no later than April 29, 2011 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35484, 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 Richard H. Streeter, 

5255 Partridge Lane, NW., Washington, 

DC 20016. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 12, 2011. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2011–9262 Filed 4–15–11; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Proposed Information 

Collection; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid OMB control 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘Fair Housing Home Loan Data 

System Regulation.’’ 

DATES: You should submit your 

comments by June 17, 2011. 

ADDRESSES: You should direct all 

written comments to: Communications 

Division, Office of the Comptroller of 

the Currency, Mailstop 2–3, Attention: 

1557–0159, 250 E Street, SW., 

Washington, DC 20219. In addition, 

comments may be sent by fax to 

(202) 874–5274, or by electronic mail to 

regs.comments@occ.treas.gov. You can 

inspect and photocopy the comments at 

the OCC, 250 E Street, SW., Washington, 

DC 20219. You can make an 

appointment to inspect the comments 

by calling (202) 874–4700. For security 

reasons, the OCC requires that visitors 

make an appointment to inspect 

comments. You may do so by calling 

(202) 874–5043. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Additionally, please send a copy of 

your comments to OCC Desk Officer, 

1557–0159, by mail to U.S. Office of 

Management and Budget, 725 17th 

Street, NW., #10235, Washington, DC 

20503, or by fax to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information from 

Mary H. Gottlieb, OCC Clearance 

Officer, (202) 874–5090, Legislative and 

Regulatory Activities Division, Office of 

the Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to revise the following 

information collection: 

Title: Fair Housing Home Loan Data 

System Regulation. 

OMB Control No.: 1557–0159. 

Description: The Fair Housing Act (42 

U.S.C. 3605) prohibits discrimination in 

the financing of housing on the basis of 

race, color, religion, sex, or national 

origin. The Equal Credit Opportunity 

Act (15 U.S.C. 1691 et seq.) prohibits 

discrimination in any aspect of a credit 

transaction on the basis of race, color, 

religion, national origin, sex, marital 

status, age, receipt of income from 

public assistance, or exercise of any 

right under the Consumer Credit 

Protection Act. The OCC is responsible 

for ensuring that national banks comply 

with those laws. This information in 

collection 12 CFR Part 27 is needed to 

promote national bank compliance and 

for OCC to fulfill its statutory 

responsibilities. 

The information collection 

requirements in 12 CFR part 27 are as 

follows: 

• Section 27.3(a) requires national 

banks that are required to collect data 

on home loans under 12 CFR part 203 

to present the data on Federal Reserve 

Form FR HMDA–LAR,1 or in automated 

format in accordance with the HMDA– 

LAR instructions, and to include one 

additional item (the reason for denial) 

on the HMDA–LAR. Section 27.3(a) also 

lists exceptions to the HMDA–LAR 

recordkeeping requirements. 

• Section 27.3(b) lists the information 

banks should obtain from an applicant 

as part of a home loan application, and 

states information that a bank must 

disclose to an applicant. 

• Section 27.3(c) sets forth additional 

information required to be kept in the 

loan file. 

• Section 27.4 states that the OCC 

may require a national bank to maintain 

a Fair Housing Inquiry/Application Log 

found in Appendix III to part 27 if there 

is reason to believe that the bank is 

engaging in discriminatory practices or 

if analysis of the data compiled by the 

bank under the Home Mortgage 

Disclosure Act (12 U.S.C. 2801 et seq.) 

and 12 CFR part 203 indicates a pattern 

of significant variation in the number of 

home loans between census tracts with 

similar incomes and home ownership 

levels differentiated only by race or 

national origin. 

• Section 27.5 requires a national 

bank to maintain the information 

required by § 27.3 for 25 months after 

the bank notifies the applicant of action 

taken on an application, or after 

withdrawal of an application. 

• Section 27.7 requires a national 

bank to submit the information required 

by §§ 27.3(a) and 27.4 to the OCC upon 

its request, prior to a scheduled 

examination using the Monthly Home 

Loan Activity Format form in Appendix 

I to part 27 and the Home Loan Data 

Form in Appendix IV to part 27. 

Type of Review: Regular. 

Affected Public: Businesses or other 

for-profit. 

Estimated Number of Respondents: 

625. 

Estimated Total Annual Responses: 

625. 


erowe on DSK5CLS3C1PROD with NOTICES