17200 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service 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. 

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

be obtained by accessing its Internet 

Web site (http://www.ustr.gov). 

Carmen Suro-Bredie, 

Chairman, Trade Policy Staff Committee. 

[FR Doc. 2010–7513 Filed 4–2–10; 8:45 am] 

BILLING CODE 3190–W0–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–103 (Sub-No. 22X)] 

The Kansas City Southern Railway 

Company—Abandonment Exemption— 

in East Feliciana Parish, LA 

The Kansas City Southern Railway 

Company (KCSR) filed a notice of 

exemption under 49 CFR part 1152 

subpart F—Exempt Abandonments to 

abandon a 1.63-mile line of railroad 

extending from milepost D–202.70 to 

milepost D–204.33, in East Feliciana 

Parish, LA. The line traverses United 

States Postal Service Zip Code 70748. 

KCSR has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line that has been or 

would need to 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 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 1105.7 (environmental report), 

49 CFR 1105.8 (historic 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. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 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 or after 

May 5, 2010, 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 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by April 15, 

2010. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by April 26, 2010, 

with: Surface Transportation Board, 395 

E Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to KCSR’s 

representative: Robert A. Wimbish, 

Baker & Miller PLLC, 2401 Pennsylvania 

Avenue, NW., Suite 300, Washington, 

DC 20037. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

KCSR has filed environmental and 

historic reports which address the 

effects, if any, of the abandonment on 

the environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by April 9, 2010. 

Interested persons may obtain a copy of 

the EA by writing to SEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling SEA, at (202) 245–0305. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

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 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), KCSR 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 

KCSR’s filing of a notice of 

consummation by April 5, 2011, 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 http:// 

www.stb.dot.gov. 

Decided: March 29, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–7377 Filed 4–2–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Compliance and Enforcement Bulletin 

No. 2010–1 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of enforcement policy. 

SUMMARY: This notice announces a 

limited program to forgo enforcement 

action for persons who disclose before 

September 30, 2010, previous 

falsification on applications for airman 

medical certification regarding the use 

of antidepressant medication, the 

underlying condition for which the 

antidepressant was prescribed, and 

visits to health professionals in 

connection with the antidepressant use 

or underlying condition. 

DATES: Effective Dates: Effective date 

April 5, 2010. This Notice is issued 

simultaneously with ‘‘Special Issuance 

Medical Certificates to Applicants Being 

Treated with Certain Types of 

Antidepressants,’’ [Docket No. FAA– 

2009–0773]. 

FOR FURTHER INFORMATION CONTACT: 

Susan S. Caron, Enforcement Division, 

FAA Office of the Chief Counsel, 800 

Independence Avenue, SW., 

Washington, DC 20591; 202–267–7721; 

e-mail address; susan.caron@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Compliance and Enforcement Bulletin 

2010–1, which amends FAA Order 

2150.3B, Compliance and Enforcement 

Programs, is being issued in connection 

with FAA policy statement, ‘‘Special 

Issuance Medical Certificates to 

Applicants Being Treated with Certain 

Types of Antidepressants,’’ [Docket No. 

FAA–2009–0773]. The Bulletin is 

intended to encourage airmen to make 

a complete disclosure regarding a 

history of or current use of 

antidepressant medications, the 

underlying condition for which the 

antidepressant medication was 

prescribed, and associated visits to 

health professionals so that they can be 

considered for special issuance medical 

certification under the new policy on 

the use of certain antidepressants. 

Under the terms of Bulletin 2010–1, the 

FAA will not initiate legal enforcement 


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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices 17201 

action against applicants for violations 

of 14 CFR 67.403 regarding past medical 

applications if the applicant discloses a 

history of antidepressant use, the 

underlying condition for which the 

medication was prescribed, and visits to 

health professionals in connection with 

the antidepressant use or underlying 

condition on an application for medical 

certification made between April 5, 

2010 and September 30, 2010. 

The Notice 

Compliance and Enforcement Bulletin 

No. 2010–1 

Subject: Forgoing enforcement action 

for persons who disclose previous 

falsification on applications for airman 

medical certification regarding the use 

of antidepressant medication, the 

underlying condition for which the 

antidepressant was prescribed, and 

visits to health professionals in 

connection with the antidepressant use 

or underlying condition. 

Discussion: This Bulletin is issued in 

connection with FAA policy statement, 

‘‘Special Issuance Medical Certificates to 

Applicants Being Treated with Certain 

Types of Antidepressants,’’ [Docket No. 

FAA–2009–0773], published in the 

Federal Register on April 5, 2010. In 

that policy statement, the Federal Air 

Surgeon reiterates his conclusion that 

the use of antidepressant medication is 

disqualifying for airman medical 

certification under the standards in 

subparts B, C, or D of 14 CFR part 67 

and, therefore, a basis for denial of 

medical certification for airmen using 

such medication. Until now, the Federal 

Air Surgeon generally also has been 

unwilling to grant the special issuance 

of airman medical certificates under 14 

CFR 67.401 to airmen who take 

antidepressant medications. In his 

policy statement, however, the Federal 

Air Surgeon has announced that he is 

now prepared to consider, on a case-bycase basis, applicants who take certain 

antidepressant medications identified in 

the policy for the special issuance of all 

classes of medical certification. This 

change in policy is explained in the 

Federal Air Surgeon’s policy statement. 

The Federal Air Surgeon is aware that 

some airmen who take antidepressant 

medications may have knowingly 

concealed their use of the medications 

on past applications for airman medical 

certification in order to obtain a medical 

certificate. Under FAA’s sanction 

guidance, the ordinary sanction for 

intentional falsification of an 

application for airman medical 

certification, an act prohibited by 14 

CFR 67.403, is revocation of the 

airman’s medical certificate and all 

other airman or ground instructor 

certificates held by the airman. 

The FAA wants to encourage airmen 

to make a complete disclosure regarding 

a history of or current use of 

antidepressant medications, the 

underlying condition for which the 

antidepressant medication was 

prescribed, and associated visits to 

health professionals so that they can be 

considered for special issuance medical 

certification. Therefore, the FAA will 

not initiate legal enforcement action 

against applicants for violations of 14 

CFR 67.403 regarding past medical 

applications if the applicant discloses a 

history of antidepressant use, the 

underlying condition for which the 

medication was prescribed, and visits to 

health professionals in connection with 

the antidepressant use or underlying 

condition on an application for medical 

certification made between April 5, 

2010 and September 30, 2010. The FAA 

believes that safety requires that any 

airman taking antidepressant 

medication must be properly evaluated, 

and if appropriate, followed, which can 

be accomplished through the special 

issuance certification process. The FAA 

believes that in the limited 

circumstances described in this 

Bulletin, the benefit of facilitating the 

disclosure of antidepressant use will 

outweigh any harm to the public 

interest caused by forgoing FAA 

enforcement action for falsification. 

The FAA does not have the authority 

to offer immunity from criminal 

prosecution under 18 U.S.C. 1001 for 

making any materially false, fictitious, 

or fraudulent statement or entry on the 

medical application (FAA Form 8500–8) 

because immunity can only be offered 

by the Department of Justice (DOJ). 

However, the FAA and the Department 

of Transportation’s Office of Inspector 

General (DOT OIG), the office through 

which the FAA makes referrals for 

possible criminal prosecution, have 

agreed that the FAA will not refer cases 

of apparent intentional falsification 

covered by this Bulletin to the DOT OIG 

for criminal investigation or 

prosecution. 

The policy set forth in this Bulletin is 

limited to disclosure of past and present 

antidepressant use, the underlying 

condition for which the antidepressant 

medication was prescribed, and visits to 

health professionals in connection with 

the antidepressant use and underlying 

condition. It in no way is intended to 

undermine the FAA’s lack of tolerance 

for airmen who intentionally falsify 

applications for airman medical 

certification. This Bulletin does not 

provide any protection from 

enforcement action to individuals who 

may have falsified other information on 

FAA Form 8500–8 than that described 

in this Bulletin. 

To benefit from the protection offered 

under this Compliance and Enforcement 

Bulletin, an airman must surrender for 

cancellation to the Federal Air Surgeon 

any current medical certificates. The 

airman must apply for a medical 

certificate between April 5, 2010 and 

midnight on September 30, 2010. On the 

application, the applicant must disclose 

his or her complete history of 

antidepressant use, the underlying 

condition for which the medication was 

prescribed, and visits to health 

professionals in connection with 

antidepressant use or the underlying 

condition. If an applicant falsifies any of 

this information on an application made 

on or after April 5, 2010, the FAA may 

take enforcement action based on that 

application and the previously falsified 

applications. 

The protection from FAA enforcement 

action for intentional falsification 

provided by this Compliance and 

Enforcement Bulletin applies to all 

airmen who meet the requirements of 

this Bulletin before midnight on 

September 30, 2010, regardless of 

whether the Federal Air Surgeon is able 

to find the applicant qualified for the 

special issuance of a medical certificate 

under 14 CFR 67.401. Applicants need 

to be aware that the special issuance of 

a medical certificate is a decision made 

at the discretion of the Federal Air 

Surgeon to individuals who do not meet 

the medical standards for an 

unrestricted certificate under 14 CFR 

part 67, subparts B, C, and D only when 

the Federal Air Surgeon finds that the 

individual can perform the duties 

authorized by the class of medical 

certificate applied for without 

endangering public safety. It is not 

likely that all applications will result in 

the issuance of a certificate under 

section 67.401. The Federal Air Surgeon 

will consider an airman’s individual 

medical and psychiatric history and all 

supporting documentation submitted 

with the application on a case-by-case 

basis before determining whether to 

grant the special issuance of a 

certificate. If the Federal Air Surgeon 

finds after completing his assessment 

that he cannot safely issue an applicant 

who has complied with the terms of this 

Compliance and Enforcement Bulletin a 

special issuance medical certificate, the 

applicant will receive a final denial 

letter notifying the applicant that he or 

she is not qualified under the part 67 

medical standards and that a special 

issuance certificate has also been 

denied. An airman may petition the 

National Transportation Safety Board 


jlentini on DSKJ8SOYB1PROD with NOTICES
17202 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices 

for review of the denial under the part 

67 medical standards. A denial of a 

special issuance certificate may be 

appealed to an appropriate United 

States court of appeals. 

FOR FURTHER INFORMATION CONTACT: 

Susan S. Caron, Enforcement Division, 

AGC–300, 800 Independence Avenue, 

SW., Washington, DC 20591; 

susan.caron@faa.gov. 

Issued in Washington, DC, on March 30, 

2010. 

J. Randolph Babbitt, 

Administrator. 

[FR Doc. 2010–7658 Filed 4–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Cancellation of Environmental Impact 

Statement: Clackamas County, OR 

AGENCIES: Federal Highway 

Administration, Oregon Department of 

Transportation, and Clackamas County, 

Oregon. 

ACTION: Cancellation of notice of intent 

for Harmony Road EIS. 

SUMMARY: The FHWA is issuing this 

notice of cancellation to advise the 

public that we are no longer lead 

Federal Agency for preparation of an 

Environmental Impact Statement (EIS) 

for the proposed Harmony Road project 

in Clackamas County, Oregon. This is 

formal cancellation of the notice of 

intent that was published in the Federal 

Register, Volume 72, Number 67, on 

Monday, April 9, 2007. The project is 

now cancelled; therefore, no further 

project activities will occur. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Eraut, Environmental Program 

Manager, Federal Highway 

Administration, 530 Center Street, NE., 

Suite 100, Salem, Oregon 97301, 

Telephone: (503) 587–4716. 

SUPPLEMENTARY INFORMATION: The notice 

of intent to prepare an EIS was for 

proposed improvements to the 

transportation system in the SE 

Harmony Road corridor, from SE 82nd 

Avenue to State Highway 224 

(approximately 1.5 miles). The notice of 

intent to prepare an EIS is rescinded. 

Authority: 23 U.S.C. 315. 

Issued on: March 26, 2010. 

Michelle Eraut, 

Environmental Program Manager, Salem, 

Oregon. 

[FR Doc. 2010–7589 Filed 4–2–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Proposed Establishment of Long 

Beach, CA, Class C Airspace Area and 

Revision of Santa Ana (John Wayne), 

CA, Class C Airspace Area; Public 

Meetings 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of public meetings. 

SUMMARY: This notice announces two 

fact-finding informal airspace meetings 

to solicit information from airspace 

users and others, concerning a proposal 

to establish Class C airspace at Long 

Beach, CA, and revise the Santa Ana 

(John Wayne) Class C airspace area, CA. 

The purpose of these meetings is to 

provide interested parties an 

opportunity to present views, 

recommendations, and comments on the 

proposal. All comments received during 

these meetings will be considered prior 

to any issuance of a notice of proposed 

rulemaking. 

DATES: The informal airspace meetings 

will be held on Tuesday, June 22, 2010, 

and Wednesday, June 23, 2010. 

Meetings will run from 6 p.m. until 9 

p.m. Comments must be received on or 

before July 31, 2010. 

ADDRESSES: The meetings will be held at 

the Holiday Inn Hotel (Conference 

Center) Long Beach Airport, 2640 North 

Lakewood Blvd., Long Beach, CA 90815. 

Comments: Send comments on the 

proposal, in triplicate, to: Clark Desing, 

Operations Support Group, AJV–W2, 

Western Service Area, Air Traffic 

Organization, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, WA 98057. 

FOR FURTHER INFORMATION CONTACT: 

Francie Hope, Operations Support 

Group, Western Service Area, Air 

Traffic Organization, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, WA 98057; telephone: 

(425–203–4500). 

SUPPLEMENTARY INFORMATION: 

Meeting Procedures 

(a) The meetings will be informal in 

nature and will be conducted by one or 

more representatives of the FAA 

Western Service Area. A representative 

from the FAA will present a briefing on 

the planned Class C airspace areas. Each 

participant will be given an opportunity 

to deliver comments or make a 

presentation, although a time limit may 

be imposed. Only comments concerning 

the plan to establish the Long Beach 

Class C airspace or the revision of Santa 

Ana (John Wayne), CA, Class C airspace 

area will be accepted. 

(b) The meetings will be open to all 

persons on a space-available basis. 

There will be no admission fee or other 

charge to attend and participate. 

(c) Any person wishing to make a 

presentation to the FAA panel will be 

asked to sign in and estimate the 

amount of time needed for such 

presentation. This will permit the panel 

to allocate an appropriate amount of 

time for each presenter. These meetings 

will not be adjourned until everyone on 

the list has had an opportunity to 

address the panel. 

(d) Position papers or other handout 

material relating to the substance of 

these meetings will be accepted. 

Participants wishing to submit handout 

material should present an original and 

two copies (3 copies total) to the 

presiding officer. There should be 

additional copies of each handout 

available for other attendees. 

(e) These meetings will not be 

formally recorded. However, a summary 

of comments made at the meetings will 

be filed in the docket. 

Agenda for the Meetings 

—Sign-in. 

—Presentation of Meeting Procedures. 

—Informal Presentation of the planned 

Class C Airspace areas. 

—Public Presentations and Discussions. 

—Closing Comments. 

Issued in Washington, DC, on March 31, 

2010. 

Paul Gallant, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. 2010–7652 Filed 4–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Eighth Meeting: Joint RTCA Special 

Committee 213: EUROCAE WG–79: 

Enhanced Flight Vision Systems/ 

Synthetic Vision Systems (EFVS/SVS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Joint RTCA Special 

Committee 213: EUROCAE WG–79: 

Enhanced Flight Vision Systems/ 

Synthetic Vision Systems (EFVS/SVS). 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of Joint 

RTCA Special Committee 213: 

EUROCAE WG–79: Enhanced Flight 

Vision Systems/Synthetic Vision 

Systems (EFVS/SVS). 

DATES: The meeting will be held April 

27–29, 2010. Sign-in: 8:30 a.m. (0830) 


jlentini on DSKJ8SOYB1PROD with NOTICES