Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices 17141 

D. Comments 

Docket # FMCSA–2014–0378 

On October 27, 2014, FMCSA 

published a notice of receipt of 

exemption applications and requested 

public comment on six individuals (79 

FR 64003; Docket number FMCSA– 

2014–25450). The comment period 

ended on November 26, 2014. Three 

commenters responded to this notice. 

Bobby Shane Walker, an applicant in 

this notice, expressed support for his 

health status and driving safety. He 

provided details about his most recent 

driving accident. An anonymous 

commenter submitted details involving 

Bobby Shane Walker’s recent driving 

accident and provided the driving 

accident report. Bob Johnson expressed 

support for the Epilepsy standard 

because it will save lives and benefit our 

citizens. Of the six applicants, three 

were denied. The Agency has 

determined that the following three 

applicants should be granted an 

exemption. 

James Connelly 

Mr. Connelly is a 60 year-old class B 

CDL holder in New Jersey. He has a 

history of seizures and has remained 

seizure free since 2000. He takes antiseizure medication with the dosage and 

frequency remaining the same since that 

time. If granted an exemption, he would 

like to drive a CMV. His physician states 

he is supportive of Mr. Connelly 

receiving an exemption. 

Timothy C. Marrill 

Mr. Marrill is a 48 year-old class A 

CDL holder in Missouri. He has a 

history of epilepsy and has remained 

seizure free since 1995. He takes antiseizure medication with the dosage and 

frequency remaining the same for over 

two years. If granted an exemption, he 

would like to drive a CMV. His 

physician states he is supportive of Mr. 

Marrill receiving an exemption. 

John Rinkema 

Mr. Rinkema is a 64 year-old driver in 

Illinois. He has a history of seizures and 

has remained seizure free since 1968. 

He takes anti-seizure medication with 

the dosage and frequency remaining the 

same since that time since 2004. If 

granted the exemption, he would like to 

drive a CMV. His physician states that 

he is supportive of Mr. Rinkema 

receiving an exemption. 

E. Basis for Exemption 

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

31315(b), FMCSA may grant an 

exemption from the epilepsy/seizure 

standard in 49 CFR 391.41(b)(8) if the 

exemption is likely to achieve an 

equivalent or greater level of safety than 

would be achieved without the 

exemption. Without the exemption, 

applicants will continue to be restricted 

to intrastate driving. With the 

exemption, applicants can drive in 

interstate commerce. Thus, the Agency’s 

analysis focuses on whether an equal or 

greater level of safety is likely to be 

achieved by permitting each of these 

drivers to drive in interstate commerce 

as opposed to restricting the driver to 

driving in intrastate commerce. 

Conclusion 

The Agency is granting exemptions 

from the epilepsy standard, 49 CFR 

391.41(b)(8), to 3 individuals based on 

a thorough evaluation of each driver’s 

safety experience, and medical 

condition. Safety analysis of 

information relating to these 3 

applicants meets the burden of showing 

that granting the exemptions would 

achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved without the 

exemption. By granting the exemptions, 

the interstate CMV industry will gain 3 

highly trained and experienced drivers. 

In accordance with 49 U.S.C. 

31315(b)(1), each exemption will be 

valid for 2 years, with annual 

recertification required 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 prior to being granted; or (3) 

continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

FMCSA exempts the following 3 

drivers for a period of 2 years with 

annual medical certification required: 

James Connelly (NJ); Timothy Merrill 

(MO); and John Rinkema (IL) from the 

prohibition of CMV operations by 

persons with a clinical diagnosis of 

epilepsy or seizures. If the exemption is 

still in effect 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: March 20, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–07332 Filed 3–30–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 303 (Sub-No. 46X)] 

Wisconsin Central Ltd.—Abandonment 

Exemption—in Lake County, Ill. 

On March 11, 2015, Wisconsin 

Central Ltd. (WCL) filed with the 

Surface Transportation Board (Board) a 

petition under 49 U.S.C. 10502 for 

exemption from the provisions of 49 

U.S.C. 10903 to abandon 3.6 miles of 

rail line extending between milepost 

71.0 in North Chicago, Lake County, Ill., 

and milepost 74.6 in Waukegan, Lake 

County, Ill. (the Line). The Line 

traverses United States Postal Service 

Zip Codes 60064, 60085, and 60087. 

According to WCL, there is one 

shipper, International Precision 

Components Corporation (IPCC), located 

on the Line. WCL states that IPCC has 

entered into a terminable agreement 

with WCL to lease a side track 

connecting to the Line. From WCL’s 

side track, IPCC transloads shipments to 

truck for final delivery at IPCC’s off-Line 

manufacturing facility. WCL notes that 

it is exploring the relocation of IPCC’s 

transloading operations to another railserved location. After receiving Board 

authority to abandon the Line, WCL 

states that it intends to salvage the rails, 

ties, and other track material and then 

to negotiate a sale of the right-of-way to 

the City of Waukegan (City). According 

to WCL, the sale of the right-of-way will 

allow the City to implement an urban 

redevelopment project. 

In addition to an exemption from the 

provisions of 49 U.S.C. 10903, WCL 

seeks an exemption from 49 U.S.C. 

10904 (offer of financial assistance 

(OFA) procedures). In support, WCL 

states that the right-of-way is needed for 

a valid public purpose as it is an 

essential component of the City’s multifaceted lakefront revitalization and 

redevelopment effort. WCL further 

asserts that there is no overriding public 

need for continued freight rail service. 

This request will be addressed in the 

final decision. 

According to WCL, the Line does not 

contain federally granted rights-of-way. 

Any documentation in WCL’s 

possession will be made available 

promptly to those requesting it. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line Railroad— 

Abandonment Portion Goshen Branch 

Between Firth & Ammon, In Bingham & 

Bonneville Counties, Idaho, 360 I.C.C. 

91 (1979). 

By issuing this notice, the Board is 

instituting an exemption proceeding 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
17142 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by June 29, 

2015. 

Any OFA under 49 CFR 1152.27(b)(2) 

will be due by July 9, 2015, or 10 days 

after service of a decision granting the 

petition for exemption, whichever 

occurs first. Each OFA must be 

accompanied by a $1,600 filing fee. See 

49 CFR 1002.2(f)(25). 

All interested persons should be 

aware that, following abandonment, the 

Line may be suitable for other public 

use, including interim trail use. Any 

request for a public use condition under 

49 CFR 1152.28 or for trail use/rail 

banking under 49 CFR 1152.29 will be 

due no later than April 20, 2015. Each 

trail request must be accompanied by a 

$300 filing fee. See 49 CFR 

1002.2(f)(27). 

All filings in response to this notice 

must refer to Docket No. AB 303 (SubNo. 46X) and must be sent to: (1) 

Surface Transportation Board, 395 E 

Street SW., Washington, DC 20423– 

0001; and (2) Robert A. Wimbish, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL 60606– 

2832. Replies to the petition are due on 

or before April 20, 2015. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs and 

Compliance at (202) 245–0238 or refer 

to the full abandonment regulations at 

49 CFR part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Office of Environmental 

Analysis (OEA) at (202) 245–0305. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service at 1–800– 

877–8339. 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by OEA will be 

served upon all parties of record and 

upon any other agencies or persons who 

comment during its preparation. Other 

interested persons may contact OEA to 

obtain a copy of the EA (or EIS). EAs in 

abandonment proceedings normally will 

be made available within 60 days of the 

filing of the petition. The deadline for 

submission of comments on the EA 

generally will be within 30 days of its 

service. 

Board decisions and notices are 

available on our Web site at 

‘‘WWW.STB.DOT.GOV.’’ 

Decided: March 25, 2015. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2015–07243 Filed 3–30–15; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA–2013–0513] 

Registration and Financial Security 

Requirements for Brokers of Property 

and Freight Forwarders; Association of 

Independent Property Brokers and 

Agents’ Exemption Application 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of denial of application 

for exemption. 

SUMMARY: FMCSA denies an application 

from the Association of Independent 

Property Brokers and Agents (AIPBA) 

for an exemption for all property 

brokers and freight forwarders from the 

$75,000 bond provision included in 

section 32918 of the Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21), now codified in 49 U.S.C. 13906. 

AIPBA filed its request pursuant to 49 

U.S.C. 13541 on August 14, 2013. On 

December 26, 2013, FMCSA published a 

notice in the Federal Register 

requesting comments from all interested 

parties on AIPBA’s exemption 

application. After reviewing the public 

comments, the Agency has concluded 

that the exemption should be denied on 

the basis that 49 U.S.C.13541 does not 

give FMCSA the authority to essentially 

nullify a statutory provision by 

exempting the entire class of persons 

subject to the provision. Furthermore, 

even if the Agency had the authority to 

issue such a blanket exemption, 

AIPBA’s exemption application does 

not meet the factors provided in section 

13541 because (1) the new $75,000 bond 

requirement is necessary to carry out the 

National Transportation Policy at 49 

U.S.C.13101, (2) there has been no 

showing that the $75,000 requirement 

‘‘is not needed to protect shippers from 

the abuse of market power’’ and (3) the 

requested exemption is not in the public 

interest. 

DATES: This decision is effective March 

31, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief of Driver and 

Carrier Operations, (202) 366–4001 or 

thomas.yager@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Ave. SE., Washington, DC 

20590. 

ADDRESSES: For access to the docket to 

read background documents, including 

those referenced in this document, or to 

read comments received, go to: 

• Regulations.gov, http://

www.regulations.gov, at any time and 

insert FMCSA–2013–0513 in the 

‘‘Keyword’’ box, and then click 

‘‘Search.’’ 

• Docket Management Facility, Room 

W12–140, DOT Building, 1200 New 

Jersey Ave. SE., Washington, DC 20590. 

You may view the docket online by 

visiting the facility between 9 a.m. and 

5 p.m., Monday through Friday except 

Federal holidays. 

Viewing Comments and Documents 

AIPBA’s exemption application and 

all public comments are available in the 

public docket. To view comments filed 

in this docket, go to http://

www.regulations.gov and click on the 

‘‘Read Comments’’ box in the upper 

right hand side of the screen. Then, in 

the ‘‘Keyword’’ box, insert ‘‘FMCSA– 

2013–0513’’ and click ‘‘Search.’’ Next, 

click ‘‘Open Docket Folder’’ in the 

‘‘Actions’’ column. Finally, in the 

‘‘Title’’ column, click on the document 

you would like to review. If you do not 

have access to the Internet, you may 

view the docket by visiting the Docket 

Management Facility at the address 

above. 

Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

SUPPLEMENTARY INFORMATION: 

Legal Basis for the Exemption 

Application and Proceeding 

Section 13541(a) of title 49 of the 

United States Code (49 U.S.C. 13541) 

requires the Secretary of Transportation 

(Secretary) to exempt a person, class of 

persons, or a transaction or service from 

the application, in whole or in part, of 

a provision of 49 U.S.C., Subtitle IV, 

Part B (Chapters 131–149), or to use the 

exemption authority to modify the 

application of a provision of 49 U.S.C. 

Chapters 131–149 as it applies to such 

person, class, transaction, or service 

when the Secretary finds that the 

application of the provision: 

• Is not necessary to carry out the 

transportation policy of 49 U.S.C. 13101 


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