25228 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices 

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 

seventeen exemption applications, 

FMCSA exempts, Alvin Acevedo (NJ), 

Jerry D. Baughn (KS), Bobby D. Bennett 

(GA), Mark S. Clemence (KS), Larry G. 

Foley (WV), Elwood F. Gorom (WA), 

Larry A. Grizzel (IN), Mike W. Holland 

(IL), Steven M. Lewis, Sr. (NC), Dan M. 

McAllister (WI), Meredith M. McCabe 

(GA), Paul F. Rivers (MN), Marcus V. 

Romo (ID), Gary L. Siverson (ND), 

Wayne L. Snyder (OH), William F. 

Watkins, Jr. (PA) and Justin K. 

Zimmerschied (KS) 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 

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: April 16, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–10170 Filed 4–26–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2012–0031] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated March 

14, 2012, the City of Sacramento, CA 

(City), has petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR Part 

222. FRA assigned the petition Docket 

Number FRA–2012–0031. 

The City is seeking a waiver from the 

provisions of 49 CFR 222.9, the 

definition of a non-traversable curb, so 

that an existing public crossing, Power 

Inn Road (DOT #752887F), can be 

deemed an acceptable supplementary 

safety measure (SSM). The Power Inn 

Road crossing is equipped with flashing 

lights, gates, and medians that comply 

with all of the requirements necessary to 

be an SSM with non-traversable curbs; 

except for the fact that the posted 

highway speed limit is 45 mph instead 

of 40 mph, as required in the definition. 

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: http:// 

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 June 11, 

2012 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 comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78), or 

online at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on April 23, 

2012. 

Ron Hynes, 

Acting Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2012–10234 Filed 4–26–12; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2012–0030] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated March 

1, 2012, the City of Sacramento, CA 

(City), has petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR part 

222. FRA assigned the petition Docket 

Number FRA–2012–0030. 

The City is seeking a waiver from the 

provisions of 49 CFR 222.9, the 

definition of a non-traversable curb, so 

that an existing public crossing, Elkhorn 

Boulevard (DOT #833694G), can be 

deemed an acceptable supplementary 

safety measure (SSM). The Elkhorn 

Boulevard crossing is equipped with 

flashing lights, gates, and medians that 

comply with all of the requirements 

necessary to be an SSM with nontraversable curbs; except for the fact that 

the posted highway speed limit is 45 

mph instead of 40 mph, as required in 

the definition. 

The City is also seeking approval of 

an engineering alternative safety 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices 25229 

1The Line is owned by Dallas Area Rapid Transit 

(DART). DGNO acquired by assignment from Union 

Pacific Railroad Company exclusive trackage rights 

over the Line. See Dallas, Garland & Northeastern 

Railroad, Inc.—Trackage Rights Exemption—Dallas 

Area Rapid Transit, FD 34248 (STB served Sept. 12, 

2002). In 2003, Regional Rail Right of Way 

Company (RRROW), a Class III rail carrier and 

Texas corporation created by DART, acquired an 

exclusive, perpetual freight rail operating easement 

and all attendant freight rail common carrier 

obligations over the Line. See Regional Rail Right 

of Way Co.—Acquisition & Operation Exemption— 

Lines of Dallas Area Rapid Transit, FD 34347 (STB 

served June 3, 2003). DGNO continued to serve the 

Line under its trackage rights agreement with DART 

and UP. Upon discontinuance of service by DGNO 

over the Line, RRROW will continue to be a 

common carrier authorized to operate on the Line. 

2Because this is a discontinuance and not an 

abandonment, only OFAs to subsidize continued 

rail service are permitted. Each OFA must be 

accompanied by the filing fee, which currently is 

set at $1,500. See 49 CFR 1002.2(f)(25). 

3Because 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. 

measure (ASM) at West El Camino 

Avenue (DOT #833688D). This request 

for approval of an ASM is dismissed 

without prejudice, as 49 CFR 222.39(b) 

provides the process by which ASMs 

are approved. 

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: http:// 

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 June 11, 

2012 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 comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78), or 

online at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on April 23, 

2012. 

Ron Hynes, 

Acting Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2012–10204 Filed 4–26–12; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 585 (Sub-No. 5X)] 

Dallas, Garland & Northeastern 

Railroad Company—Discontinuance of 

Trackage Rights Exemption—in Dallas 

County, TX 

Dallas, Garland & Northeastern 

Railroad Company (DGNO) has filed a 

verified notice of exemption under 49 

CFR. pt. 1152 subpart F–Exempt 

Abandonments and Discontinuances of 

Service to discontinue trackage rights 

over an approximately 6.04-mile line of 

railroad known as the Elam Branch 

between approximately milepost 308.80, 

near Elam, and approximately milepost 

314.84, near Briggs, in Dallas County, 

Tex. (the Line).1 The Line traverses 

United States Postal Service Zip Codes 

75210, 75227, and 75217. 

DGNO has certified that: (1) No local 

traffic has moved over the Line for at 

least 2 years; (2) any overhead traffic on 

the Line can 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 2-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 of service 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 May 29, 

2012, 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) 2 must be 

filed by May 7, 2012.3 Petitions to 

reopen must be filed by May 17, 2012, 

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 DGNO’s 

representative: Melanie B. Yasbin, Law 

Offices of Louis E. Gitomer, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

Board decisions and notices are 

available on our Web site at 

‘‘www.stb.dot.gov.’’ 

Decided: April 23, 2012. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Raina S. White, 

Clearance Cerk. 

[FR Doc. 2012–10149 Filed 4–26–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35614] 

Adams–Warnock Railway, Inc.—Lease 

and Operation Exemption—Norfolk 

Southern Railway Company 

Adams—Warnock Railway, Inc. 

(AWRY), a noncarrier, has filed a 

verified notice of exemption under 

mstockstill on DSK4VPTVN1PROD with NOTICES