70076 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

1A motion for protective order was filed on 

October 27, 2010. The motion is being addressed in 

a separate decision. 

2TSRR’s lines are located in Tennessee and 

Alabama, Rarus’ lines are located in Montana, 

Utah’s lines are located in Utah, SAVR’s lines are 

located in California, L&NW’s lines are located in 

Arkansas and Louisiana, TC’s lines are located in 

Texas, and P&N’s lines are located in North 

Carolina. As noted, CLC will operate lines in 

southwestern Washington, DQE will operate lines 

in southwestern Arkansas, GTRA will operate lines 

in northeastern Mississippi, MSV will operate lines 

in north central Mississippi, PAW will operate lines 

in southwestern Washington, and TOE will operate 

lines in eastern Oklahoma. 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35425] 

Tennessee Southern Railroad 

Company, Patriot Rail, LLC, Patriot 

Rail Holdings LLC, and Patriot Rail 

Corp.—Continuance in Control 

Exemption—Columbia & Cowlitz 

Railway, LLC, DeQueen and Eastern 

Railroad, LLC, Golden Triangle 

Railroad, LLC, Mississippi & Skuna 

Valley Railroad, LLC, Patriot Woods 

Railroad, LLC, and Texas, Oklahoma & 

Eastern Railroad, LLC 

Tennessee Southern Railroad 

Company (TSRR), Patriot Rail, LLC 

(PRL), and its subsidiaries Patriot Rail 

Holdings LLC (PRH), and Patriot Rail 

Corp. (Patriot) (collectively, parties), 

have filed a verified notice of exemption 

to continue in control of Columbia & 

Cowlitz Railway, LLC (CLC), DeQueen 

and Eastern Railroad, LLC (DQE), 

Golden Triangle Railroad, LLC (GTRA), 

Mississippi & Skuna Valley Railroad, 

LLC (MSV), Patriot Woods Railroad, 

LLC (PAW), and Texas, Oklahoma & 

Eastern Railroad, LLC (TOE) upon their 

becoming Class III rail carriers. 

This transaction is related to 6 

concurrently filed verified notices of 

exemption, as follows: Docket No. FD 

35426, Columbia & Cowlitz Railway, 

LLC—Acquisition and Operation 

Exemption—Columbia & Cowlitz 

Railway Company, wherein CLC seeks 

to acquire and operate approximately 

8.5 miles of rail line between Longview, 

milepost 0.0, and Ostrander Junction, 

milepost 8.5, including auxiliary and 

spur tracks, in Cowlitz County, Wash.; 

Docket No. FD 35427, DeQueen and 

Eastern Railroad, LLC—Acquisition and 

Operation Exemption—DeQueen and 

Eastern Railroad Company, wherein 

DQE seeks to acquire and operate 

approximately 47 miles of rail line 

between the Oklahoma-Arkansas state 

border, milepost 40.0, and Perkins, Ark., 

milepost 87.0, including auxiliary, 

temporary storage, and spur tracks, in 

Howard and Sevier Counties, Ark.; 

Docket No. FD 35428, Golden Triangle 

Railroad, LLC—Acquisition and 

Operation Exemption—Golden Triangle 

Railroad Company, wherein GTRA 

seeks to acquire and operate 

approximately 8.6 miles of rail line 

between Trinity, Miss., milepost 8.6, 

and Triangle Jct., Miss, milepost 0.0, 

including the side track at Bell Avenue, 

in Lowndes County, Miss.; Docket No. 

FD 35429, Mississippi & Skuna Valley 

Railroad, LLC—Acquisition and 

Operation Exemption—Mississippi & 

Skuna Valley Railroad Company, 

wherein MSV seeks to acquire and 

operate approximately 21 miles of rail 

line between Bruce Junction, milepost 

21.0, and Bruce, milepost 0.0, in 

Yalobusha and Calhoun Counties, Miss.; 

Docket No. FD 35430, Texas, Oklahoma 

& Eastern Railroad, LLC—Acquisition 

and Operation Exemption—Texas, 

Oklahoma & Eastern Railroad 

Company, wherein TOE seeks to acquire 

and operate approximately 40 miles of 

rail line between the OklahomaArkansas state border, milepost 40.0, 

and Valliant, Okla., milepost 0.0, 

including auxiliary, storage, and spur 

tracks, in McCurtain County, Okla.; and 

Docket No. FD 35431, Patriot Woods 

Railroad, LLC—Acquisition and 

Operation Exemption—Weyerhaeuser 

NR Company, Weyerhaeuser Woods 

Railroad Operating Division, wherein 

PAW seeks to acquire and operate 

approximately 21.5 miles of rail line 

between the connection with the 

Columbia & Cowlitz Railway Company 

at Ostrander Junction, milepost 8.5, and 

Green Mountain, milepost 30.0, 

including auxiliary and temporary 

storage tracks, in Cowlitz County, Wash. 

The parties intend to consummate the 

transaction on or after December 21, 

2010. 

PRL and its subsidiaries, including 

CLC, DQE, GTRA, MSV, PAW, and TOE, 

entered into an Asset Purchase 

Agreement (Agreement) dated July 21, 

2010, with Weyerhaeuser NR Company 

(Weyerhaeuser) and Weyerhaeuser’s 

subsidiaries, Columbia & Cowlitz 

Railway Company, DeQueen and 

Eastern Railroad Company, Golden 

Triangle Railroad Company, Mississippi 

& Skuna Valley Railroad Company, and 

Texas, Oklahoma & Eastern Railroad 

Company to acquire substantially all of 

the assets of the Weyerhaeuser 

subsidiaries, and the assets of 

Weyerhaeuser Woods Railroad, a 

noncarrier operating division of 

Weyerhaeuser. The Agreement was filed 

under seal in this docket on October 28, 

2010.1

TSRR is a subsidiary of PRL, PRH, 

and Patriot and does not control any 

other railroad subsidiaries. PRL is a 

noncarrier limited liability company 

that owns not less than 51% of the 

equity interests in PRH, which owns 

100% of the stock of Patriot. Patriot is 

a noncarrier holding company that owns 

100% of the stock of 7 Class III 

railroads: Tennessee Southern Railroad 

Company (TSRR); Rarus Railway 

Company (Rarus); Utah Central Railway 

Company (Utah); Sacramento Valley 

Railroad, Inc. (SAVR); Louisiana and 

North West Railroad Company LLC 

(L&NW); Temple & Central Texas 

Railway, Inc. (TC); and Piedmont & 

Northern Railway, Inc. (P&N). Patriot 

also owns 100% of the stock of the 

noncarrier subsidiaries CLC, DQE, 

GTRA, MSV, PAW, and TOE. 

PRL, PRH, and Patriot state that they 

have successfully managed short line 

railroads for more than a decade and 

that they intend to use that experience 

and expertise and their financial 

resources to provide rail freight service 

to communities and industries that wish 

to have additional transportation 

options. They also intend to make CLC, 

DQE, GTRA, MSV, PAW, and TOE 

financially viable railroads. 

The parties represent that: (1) The rail 

lines to be operated by CLC, DQE, 

GTRA, MSV, PAW, and TOE will not 

connect with any of the subsidiary 

railroads of PRL, PRH, and Patriot; (2) 

the acquisition of CLC, DQE, GTRA, 

MSV, PAW, and TOE is not intended to 

connect with any railroads in the 

corporate family of PRL, PRH, and 

Patriot2; and (3) the transaction does not 

involve a Class I 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 sections 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 November 19, 2010 

(at least 7 days before the exemption 

becomes effective). 

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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70077 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35425, 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 Louis E. Gitomer, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 10, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–28828 Filed 11–15–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2010–0288] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt thirty-two 

individuals from its rule prohibiting 

persons with insulin-treated diabetes 

mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

interstate commerce. The exemptions 

will enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions are effective 

November 16, 2010. The exemptions 

expire on November 16, 2012. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov and/or Room 

W12–140 on the ground level of the 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or of the person signing 

the comment, if submitted on behalf of 

an association, business, labor union, or 

other entity). You may review DOT’s 

Privacy Act Statement for the Federal 

Docket Management System (FDMS) 

published in the Federal Register on 

January 17, 2008 (73 FR 3316), or you 

may visit http://edocket.access.gpo.gov/ 

2008/pdf/E8-785.pdf. 

Background 

On September 28, 2010, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

thirty-two individuals and requested 

comments from the public (75 FR 

59788). The public comment period 

closed on October 28, 2010 and no 

comments were received. 

FMCSA has evaluated the eligibility 

of the thirty-two applicants and 

determined that granting the 

exemptions to these individuals would 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by complying with the current 

regulation 49 CFR 391.41(b)(3). 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

drivers with diabetes had a higher rate 

of crash involvement than the general 

population. The diabetes rule provides 

that ‘‘A person is physically qualified to 

drive a commercial motor vehicle if that 

person has no established medical 

history or clinical diagnosis of diabetes 

mellitus currently requiring insulin for 

control’’ (49 CFR 391.41(b)(3)). 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. 

The September 3, 2003 (68 FR 52441) 

Federal Register notice in conjunction 

with the November 8, 2005 (70 FR 

67777) Federal Register notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These thirty-two applicants have had 

ITDM over a range of 1 to 40 years. 

These applicants report no severe 

hypoglycemic reactions resulting in loss 

of consciousness or seizure, requiring 

the assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning 

symptoms, in the past 12 months and no 

recurrent (2 or more) severe 

hypoglycemic episodes in the past 

5 years. In each case, an endocrinologist 

verified that the driver has 

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 

standard at 49 CFR 391.41(b)(10). 

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the 

September 28, 2010, Federal Register 

notice and they will not be repeated in 

this notice. 

Discussion of Comments 

FMCSA did not receive any 

comments in this proceeding. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes standard 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 standard in 49 CFR 

391.41(b)(3) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

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 

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