Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20881 

Following an examination in 2011, his 

ophthalmologist noted, ‘‘I certify that 

Mark Sobczyk’s ocular condition is 

satisfactory for operating commercial 

vehicles.’’ Mr. Sobczyk reported that he 

has driven straight trucks for 51⁄2 years, 

accumulating 206,000 miles. He holds a 

Class A CDL from Wisconsin. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Richard D. Sparkman 

Mr. Sparkman, 62, has complete loss 

of vision in his right due to a traumatic 

injury sustained as a child. The best 

corrected visual acuity in his left eye is 

20/20. Following an examination in 

2011, his ophthalmologist noted, ‘‘Based 

on the above information, I believe the 

patient has sufficient vision to perform 

the driving tasks required by his current 

commercial vehicle.’’ Mr. Sparkman 

reported that he has driven straight 

trucks for 10 years, accumulating 

520,000 miles. He holds a Class A CDL 

from Pennsylvania. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Joshua A. Wheaton 

Mr. Wheaton, 30, has a detached 

retina in his left due to a traumatic 

injury sustained in 1997. The visual 

acuity in his right eye is 20/20, and in 

his left eye, no light perception. 

Following an examination in 2011, his 

optometrist noted, ‘‘I feel that Joshua 

has more than adequate vision to 

perform any driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Wheaton reported that he has driven 

straight trucks for 5 years, accumulating 

225,000 miles. He holds a Class C 

operator’s license from Pennsylvania. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

John K. Wright 

Mr. Wright, 47, has had amblyopia in 

his right eye since birth. The best 

corrected visual acuity in his right eye 

is 20/400, and in his left eye, 20/20. 

Following an examination in 2011, his 

optometrist noted, ‘‘This meets the 

vision requirement to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Wright 

reported that he has driven straight 

trucks for 31⁄2 years, accumulating 

105,000 miles and tractor-trailer 

combinations for 6 months, 

accumulating 30,000 miles. He holds a 

Class A CDL from Montana. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. The Agency will consider all 

comments received before the close of 

business May 7, 2012. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. 

In addition to late comments, FMCSA 

will also continue to file, in the public 

docket, relevant information that 

becomes available after the comment 

closing date. Interested persons should 

monitor the public docket for new 

material. 

Issued on: April 2, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–8384 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0087] 

Unified Carrier Registration Plan Board 

of Directors; Request for Nominations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice: Request for Nominations 

from the Motor Carrier Industry to the 

Board of Directors. 

SUMMARY: FMCSA solicits nominations 

and applications for appointment to the 

Board of Directors of the Unified Carrier 

Registration Plan (UCR Plan) of 

interested persons to serve as 

representatives of the motor carrier 

industry. The Agency will appoint five 

members from the motor carrier 

industry. The UCR Plan is responsible 

for the administration of the UCR 

Agreement. The UCR Agreement 

governs the registration and the 

collection and distribution of fees paid 

by for-hire and private motor carriers, 

brokers, freight forwarders, and leasing 

companies. The UCR Plan and 

Agreement replaced the Single State 

Registration System (SSRS), which was 

repealed as of January 1, 2008. 

DATES: Nominations or expressions of 

interest for appointment to the Board of 

Directors must be received on or before 

May 7, 2012. 

ADDRESSES: You may submit comments 

to this notice, identified by docket 

number FMCSA–2012–0087, by any of 

the following methods—Internet, 

facsimile, regular mail, or handdelivery. 

Federal eRulemaking Portal: Federal 

Docket Management System (FDMS) 

Web site at http://www.regulations.gov. 

The FDMS is the preferred method for 

submitting comments, and we urge you 

to use it. In the ‘‘Comment’’ or 

‘‘Submission’’ section, type Docket ID 

Number ‘‘FMCSA–2012–0087’’, select 

‘‘Go’’, and then click on ‘‘Send a 

Comment or Submission.’’ You will 

receive a tracking number when you 

submit a comment. 

Fax: 1–202–493–2251. 

Mail, Courier, or Hand-Deliver: U.S. 

Department of Transportation, Docket 

Operations (M–30), West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. Office hours are between 9 

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

Friday, except Federal holidays. 

Docket: Comments and material 

received from the public, as well as 

background information and documents 

mentioned in this preamble, are part of 

docket FMCSA–2012–0087, and are 

available for inspection and copying on 

the Internet at http:// 

www.regulations.gov. You may also 

view and copy documents at the U.S. 

Department of Transportation’s Docket 

Operations Unit, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our 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, etc.). 

You may review DOT’s Privacy Act 

Statement for the Federal Docket 

Management System 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. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Jose M. Rodriguez, Office of 

Research and Information Technology, 

(202) 366–3517, FMCSA, Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590 or by email 

at: jose.rodriguez@dot.gov. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

Background 

Section 4305(b) of the Safe, 

Accountable, Flexible, Efficient 

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20882 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 

1 In a notice of exemption filed on March 8, 2012, 

in Docket No. FD 35607, Manning Rail, Inc.— 

Acquisition and Operation Exemption—Manning 

Grain Company, Manning Rail, Inc., a noncarrier, 

seeks to acquire the line from MGC and operate it. 

That notice has been held in abeyance at the request 

of Manning Rail Inc. to permit it to investigate the 

history of the line. 

2While the verified notice indicates that MGC is 

seeking an exemption to authorize the acquisition 

‘‘retroactively,’’ MGC’s authority will be effective 

prospectively from April 20, 2012. 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) [Pub. L. 109–59, 

119 Stat. 1144, August 10, 2005] enacted 

49 U.S.C. 14504a entitled ‘‘Unified 

carrier registration system plan and 

agreement.’’ Under the UCR Agreement, 

motor carriers, motor private carriers, 

brokers, freight forwarders, and leasing 

companies that are involved in 

interstate transportation register and pay 

certain fees. The UCR Plan’s Board of 

Directors must issue rules and 

regulations to govern the UCR 

Agreement. Section 14504a(a)(9) defines 

the Unified Carrier Registration Plan as 

the organization of State, Federal, and 

industry representatives responsible for 

developing, implementing, and 

administering the UCR Agreement. 

Section 14504a(d)(1)(B) directed the 

Secretary to establish a Unified Carrier 

Registration Plan Board of Directors 

made up of 15 members from FMCSA, 

State governments, and the motor 

carrier industry. The Board also must 

recommend initial annual fees to be 

assessed against carriers, leasing 

companies, brokers, and freight 

forwarders under the UCRA, as well as 

any annual adjustments to those fees. 

Section 14504a(d)(1)(B) provides that 

the UCR Plan’s Board of Directors must 

consist of directors appointed by the 

Secretary as follows: 

Federal Motor Carrier Safety 

Administration: One director must be 

selected from each of the FMCSA 4 

service areas (as defined by FMCSA on 

January 1, 2005) from among the chief 

administrative officers of the State 

agencies responsible for overseeing the 

administration of the UCR Agreement. 

State Agencies: The five directors 

selected to represent State agencies 

must be from among the professional 

staffs of State agencies responsible for 

overseeing the administration of the 

UCR Agreement. Nominees for these 

five directorships must be submitted to 

the Secretary by the national association 

of professional employees of the State 

agencies responsible for overseeing the 

administration of the UCR Agreement in 

their respective States. 

Motor Carrier Industry: Five directors 

must be from the motor carrier industry. 

At least one of the five motor carrier 

industry directors must be from ‘‘a 

national trade association representing 

the general motor carrier of property 

industry’’ and one of them must be from 

‘‘a motor carrier that falls within the 

smallest fleet fee bracket.’’ 

U.S. Department of Transportation 

(the Department): One individual, either 

the FMCSA Deputy Administrator or 

such other Presidential appointee from 

the Department appointed by the 

Secretary, represents the Department. 

The establishment of the Board was 

announced in the Federal Register on 

May 12, 2006 (71 FR 27777). In that 

notice, the Agency recognized the 

American Trucking Associations, Inc. 

(ATA) as the national trade association 

representing the general motor carrier of 

property industry. ATA is a national 

affiliation of State trucking 

organizations representing the national, 

State and local interests of the 50 

affiliated State trucking associations; 

and the interests of specialized areas of 

the trucking industry through 

conferences and councils. The Agency 

selected the Owner-Operator 

Independent Drivers Association 

(OOIDA) as the organization from which 

to appoint an individual to represent 

motor carriers comprising the smallest 

fleet fee bracket. OOIDA is a national 

trade association representing the 

interests of small trucking companies 

and drivers. 

Each of the five current directors from 

the motor carrier industry serves a term 

of 3 years that will expire on May 31, 

2012. These directors may continue to 

serve until their replacements are 

appointed; each of them may be 

reappointed (49 U.S.C. 

14504a(d)(1)(D)(iii) and (iv)). Today’s 

publication serves as a notice requesting 

nominations for and public comment on 

possible appointment of the five 

members of the motor carrier industry 

in accordance with 49 U.S.C. 14504a(d). 

Board Member Nominations 

FMCSA seeks either nominations of, 

or expressions of interest from, 

individuals to serve as members of the 

board of directors for the UCR Plan from 

the motor carrier industry. Nominations 

or expressions of interest should 

indicate that the person nominated or 

recommended meets the statutory 

requirements specified in 49 U.S.C. 

14504a(d)(1)(B)(iii). Nominations or 

expressions of interest must be 

transmitted by means of the procedures 

for comments specified earlier in this 

notice. FMCSA and the Department will 

make the appointments for the five 

members from the motor carrier 

industry for three-year terms, expiring 

on May 31, 2015. FMCSA and the 

Department will consider the objectives 

specified in the statute for the UCR Plan 

and Agreement when making the 

appointments. 

Issued on: March 29, 2012. 

Kelly Leone, 

Associate Administrator, Research and 

Information Technology. 

[FR Doc. 2012–8387 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35612] 

Manning Grain Company; Acquisition 

and Operation Exemption; Fillmore 

Western Railway Company 

Manning Grain Company (MGC), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire from Fillmore Western Railway 

Company (FWRC) and operate a 7.1- 

mile rail line between its point of 

connection with BNSF Railway 

Company at milepost 8.1 at or near 

Fairmont and terminus at milepost 15.2 

at or near Burress, in Fillmore County, 

Neb. (the Line). 

The Line is part of an approximately 

23.2-mile rail line (the FairmontMilligan line) that FWRC was 

authorized to abandon in Fillmore 

Western Ry.—Aban. Exemption—in 

Fillmore Cnty., Neb., AB 492 (Sub-No. 

2X) (STB served June 27, 2001). MGC 

acquired the Line from FWRC in 2005. 

MGC states that, at that time, it believed 

it was acquiring the Line as private 

industrial track, but that it since has 

learned that FWRC did not consummate 

its abandonment authority for the 

Fairmont-Milligan line by filing a notice 

of consummation. Thus, MGC states, it 

unknowingly became a rail carrier by 

virtue of its 2005 acquisition of the 

Line.1

The effective date of the exemption 

will be April 20, 2012 (30 days after the 

verified notice was filed).2

MGC certifies that its projected 

annual revenues as a result of this 

transaction will not exceed $5 million 

and will not exceed those that would 

qualify it as a Class III rail carrier. 

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. Petitions to stay must be 

filed no later than April 13, 2012 (at 

least 7 days before the exemption 

becomes effective). 

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