77070 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices

Background

Two individuals have requested

renewal of their exemptions from the

vision requirement in 49 CFR

391.41(b)(10) which applies to drivers of

commercial motor vehicles (CMVs) in

interstate commerce. They are Bruce T.

Loughary and Leo L. McMurray. Under

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

FMCSA may grant an exemption for a

renewable 2-year period if it finds ‘‘such

exemption would likely achieve a level

of safety that is equivalent to, or greater

than, the level that would be achieved

absent such exemption.’’ Accordingly,

the FMCSA has evaluated the two

petitions for renewal on their merits and

made a determination to extend their

exemptions for a renewable 2-year

period.

On October 9, 1998, the agency

published a notice of final disposition

announcing its decision to exempt 12

individuals, including these two

applicants for renewal, from the vision

requirement in 49 CFR 391.41(b)(10) (63

FR 54519). The qualifications,

experience, and medical condition of

each applicant was stated and discussed

in detail at 63 FR 30285, June 3, 1998.

Three comments were received, and

their contents were carefully considered

by the agency in reaching its final

decision to grant the petitions (63 FR

54519). The agency determined that

exempting the individuals from 49 CFR

391.41(b)(10) was likely to achieve a

level of safety equal to, or greater than,

the level that would be achieved

without the exemption as long as the

vision in each applicant’s better eye

continues to meet the standard specified

in 391.41(b)(10). As a condition of the

exemption, therefore, the agency

imposed requirements on the

individuals similar to the grandfathering

provisions in 49 CFR 391.64(b) applied

to drivers who participated in the

agency’s former vision waiver program.

These requirements are as follows: (1)

That each individual be physically

examined every year (a) by an

ophthalmologist or optometrist who

attests that vision in the better eye meets

the standard in 49 CFR 391.41(b)(10),

and (b) by a medical examiner who

attests the individual is otherwise

physically qualified under 49 CFR

391.41; (2) 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 (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.

Basis for Renewing Exemptions

Under 49 U.S.C. 31315(b)(1), an

exemption may be granted for no longer

than 2 years from its approval date and

may be renewed upon application for an

additional 2-year period. In accordance

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

of the two applicants has satisfied the

entry conditions for obtaining an

exemption from the vision requirements

(63 FR 30285; 63 FR 54519) and each

has requested renewal of the exemption.

These two applicants have submitted

evidence showing that the vision in

their 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 their records of safety while

driving with their respective vision

deficiencies over the past 2 years,

indicates that 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, the FMCSA

concludes that extending the exemption

for a period of 2 years is likely to

achieve a level of safety equal to that

existing without the exemption for each

renewal applicant.

Conclusion

In accordance with 49 U.S.C. 31315

and 31136(e), the FMCSA extends the

exemptions from the vision requirement

in 49 CFR 391.41(b)(10) granted to

Bruce T. Loughary and Leo L.

McMurray, subject to the following

conditions: (1) That each individual be

physically examined 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

provide 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 2 years unless revoked

earlier by the FMCSA. The exemption

will be revoked 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.

31315 and 31136(e).

Request for Comments

The FMCSA has evaluated the

qualifications and driving performance

of the two applicants here and extends

their exemptions based on the evidence

introduced in their applications for

renewal. The agency, however, will

review any comments received

concerning a particular driver’s safety

record, evaluate any new information

submitted, and determine if the

exemption continues to be consistent

with the requirements at 49 U.S.C.

31315 and 31136(e). We will consider

all comments of this nature that we

receive before the close of business on

the closing day indicated in the ‘‘Dates’’

section.

Authority: 49 U.S.C. 322, 31136 and 31315;

and 49 CFR 1.73.

Issued on: December 4, 2000.

Brian M. McLaughlin,

Director, Office of Policy Plans and

Regulations.

[FR Doc. 00–31348 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

Hazardous Materials Transportation:

Status of Applications for Preemption

Determination

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice Regarding Preemption

Determinations Delayed Beyond 180

Days.

SUMMARY: This notice advises interested

parties that RSPA’s Office of the Chief

Counsel maintains (on its internet

website and in paper form) a chart

showing the current status of each

administrative proceeding on

applications for a determination that

Federal hazardous material

transportation law preempts

requirements of States, political

subdivisions of States, or Indian tribes.

When a decision has not been issued

within 180 days after publication of a

notice of the application in the Federal

Register, this chart includes the reasons

why the decision is delayed and an

estimate of the additional time

necessary before the decision will be

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77071

1OSRR’s purchase of the track from CSXT was

the subject of a notice of exemption in Ohio

Southern Railroad, Incorporated—Acquisition and

Operation Exemption—CSX Transportation, Inc.,

STB Finance Docket No. 33955.

2Under 49 CFR 1180.4(g)(1), a trackage rights

exemption is effective 7 days after the notice is

filed. Although the applicant indicated that the

proposed transaction would be consummated on

November 27, 2000, the notice was not filed until

November 22, 2000, and thus the proposed

transaction could not be consummated before the

November 29, 2000 effective date. CSXT’s

representative has been informed by telephone that

the transaction may not be consummated prior to

November 29, 2000.

1The petition is related to two abandonment

applications filed on November 14, 2000, by Conrail

under section 308 of the Regional Rail

Reorganization Act of 1973 (3–R Act), 45 U.S.C.

748, a provision added to the 3–R Act by the

Northeast Rail Service Act of 1981 (Pub. L. No. 97–

35). See Conrail-Abandonment of the Weehawken

Branch—in Hudson County, NJ, STB Docket No.

AB–167 (Sub-No. 766N); and Conrail—

Abandonment of the River Line—in Hudson

County, NJ, STB Docket No. AB–167 (Sub-No.

1067N). Conrail has requested that the applications

be considered together because the Weehawken

Branch and the River Line are operated as a single

line due to changes made to track alignment and

operations. Where appropriate, the two lines will be

referenced as the River Line.

Notices of Insufficient Revenues were timely filed

on October 31, 1983, and October 31, 1985,

respectively. The Board must grant the applications

within 90 days after their filing date (i.e., by

February 12, 2001) unless offers of financial

assistance (OFA) are filed within the 90-day period.

See sections 308(c) and (d).

2The 3.84-mile segment extends from the point

of switch in Jersey City (approximately MP 0.00),

to the southerly R.O.W. line of Baldwin Avenue, in

Weehawken (approximately MP 2.84), and includes

the former DL&W Railroad Lead to the Hoboken

Freight Yard in Jersey City.

3The 6.95-mile segment is divided into in two

parts: (1) from the connection to the Passaic and

Continued

issued. This chart is intended to provide

more up-to-date information on the

status of preemption applications than a

single notice in the Federal Register

whenever a decision has not been

issued within 180 days after publication

of the notice of the application.

FOR FURTHER INFORMATION CONTACT:

Edward H. Bonekemper, III, Assistant

Chief Counsel for Hazardous Materials

Safety and Research and Technology

Law, Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street, SW,

Washington, DC 20590–0001 (Tel. No.

202–366–4400).

SUPPLEMENTARY INFORMATION: Federal

hazardous material transportation law,

49 U.S.C. 5101 et seq. (the law),

provides an administrative procedure in

§ 5125(d)(1) for DOT to issue

determinations whether a State, local, or

Indian tribe requirement on the

transportation of hazardous materials is

preempted under the criteria set forth in

§ 5125(a), (b)(1), and (c). RSPA’s Office

of the Chief Counsel tracks the status of

each preemption determination

proceeding (both already decided and

still pending) on a chart that is kept

current on its internet website (http://

rspa-atty.dot.gov) and in paper form.

Interested parties may access the

current chart at any time by going to the

website and clicking on ‘‘Preemption.’’

A printed version of the current chart

may also be obtained at any time by

contacting Mr. Bonekemper at the

address and telephone number set forth

in ‘‘For Further Information Contact’’

above.

RSPA also uses this chart to meet the

statutory requirement in 49 U.S.C.

5125(d)(1) to advise the public of the

reasons for delay, and an estimate of the

time when a decision will be made,

whenever a decision is not issued

within 180 days after the date of

publication in the Federal Register of a

notice of having received an application

for a preemption determination.

Because this chart will be kept current,

RSPA does not intend to publish a new

notice in the Federal Register each time

the 180-day period is exceeded in a

preemption proceeding. By keeping this

chart up-to-date, RSPA will be

providing interested parties with more

current and complete information than

they would have if RSPA published

only a single notice in each proceeding

advising that a decision would not be

issued within 180 days.

Issued in Washington, DC on December 1,

2000.

Elaine E. Joost,

Acting Chief Counsel, Research and Special

Programs Administration.

[FR Doc. 00–31250 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33962]

CSX Transportation, Inc.—Trackage

Rights Exemption—Ohio Southern

Railroad, Incorporated

Ohio Southern Railroad, Incorporated

(OSRR) has agreed to grant overhead

and local trackage rights to CSX

Transportation, Inc. (CSXT), over

approximately 1.5 miles of rail line and

appended trackage formerly known as

CSXT’s Zanesville Industrial Track,

located between milepost 16.7 and

milepost 18.2 in Zanesville, Muskingum

County, OH, as part of the sale of

CSXT’s interest in the line to OSRR.1

The transaction was scheduled to be

consummated on November 29, 2000, or

as soon thereafter as the parties may

agree and/or the time required for any

necessary labor notice is given.2

The purpose of the trackage rights is

to allow CSXT to continue to serve the

line’s existing and future rail customers

after the sale of the line to OSRR.

As a condition to this exemption, any

employees affected by the trackage

rights will be protected by the

conditions imposed in Norfolk and

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

This notice is filed under 49 CFR

1180.2(d)(7). If it 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 transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33962, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on Natalie S.

Rosenberg, CSX Transportation, Inc.,

500 Water Street (J150), Jacksonville, FL

32202.

Board decisions and notices are

available on our website at http://

www.stb.dot.gov.

Decided: December 1, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–31231 Filed 12–7–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–55 (Sub–No. 584X)]

CSX Transportation, Inc.—

Discontinuance Exemption—in

Hudson County, NJ 1

On November 20, 2000, CSX

Transportation, Inc. (CSXT), filed with

the Surface Transportation Board

(Board) a petition under 49 U.S.C. 10502

for exemption from 49 U.S.C. 10903 to

discontinue service over approximately

3.84 miles of the Weehawken Branch 2

and approximately 6.95 miles of the

River Line 3 in Hudson County, NJ. The