14942 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 

1See Piedmont & N. R.R.—Change in Operator 

Exemption—Piedmont Ry., FD 36120 (STB served 

June 16, 2017). 

N.C., Docket No. FD 36592. In that 

proceeding, CWRR has filed a verified 

notice of exemption pursuant to 49 CFR 

1150.31 to assume operation of 

approximately 13.04 miles of rail line 

currently operated by Piedmont and 

Northern Railroad LLC (PNRW) and 

owned by the North Carolina 

Department of Transportation (NCDOT), 

extending from milepost SFC 11.39 at 

Mt. Holly to milepost SFC 23.0 at 

Gastonia, including the Belmont Spur 

extending from milepost SFF 0.13/SFC 

13.6 at Mt. Holly to milepost SFF 1.56 

at or near Belmont (collectively, the 

Line), all in Gaston County, N.C. CWRR 

will assume an existing lease of the 

Line, to be assigned to CWRR by PNRW 

with NCDOT’s consent. 

Jaguar states that it will continue in 

control of CWRR upon CWRR’s 

becoming a railroad common carrier. 

According to the verified notice, 

OPTrust indirectly controls JTH, which 

directly controls JRH. JTH currently 

controls, indirectly: Four Class III 

railroads directly controlled by JRH— 

Southwestern Railroad, Inc., Texas & 

Eastern Railroad, LLC, Wyoming and 

Colorado Railroad, Inc., (WYCO) (which 

also does business under the name 

Oregon Eastern Railroad), and Missouri 

Eastern Railroad, LLC; two Class III 

railroads indirectly controlled by JRH 

through WYCO—Cimarron Valley 

Railroad, L.C., and Washington Eastern 

Railroad, LLC; and one Class III railroad 

indirectly controlled by JTH through its 

subsidiary Jaguar Transport, LLC—West 

Memphis Base Railroad, L.L.C. The 

lines of the rail carriers controlled by 

JTH and JRH are located in Arkansas, 

Colorado, Kansas, Missouri, New 

Mexico, Oklahoma, Oregon, Texas, and 

Washington. 

Jaguar states that: (1) The Line does 

not connect with any other rail lines 

operated by carriers controlled by 

Jaguar, and none of those rail lines 

connect with each other; (2) the 

continuance in control transaction is not 

part of a series of anticipated 

transactions that would connect the 

Line with any railroad lines controlled 

by Jaguar or that would connect any of 

those rail lines with each other; and (3) 

the transaction does not involve a Class 

I rail carrier. Therefore, the proposed 

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. However, 49 U.S.C. 11326(c) 

does not provide for labor protection for 

transactions under 49 U.S.C. 11324 and 

11325 that involve only Class III rail 

carriers. Because this transaction 

involves Class III rail carriers only, the 

Board, under the statute, may not 

impose labor protective conditions for 

this transaction. 

The earliest this transaction may be 

consummated is March 30, 2022, the 

effective date of the exemption (30 days 

after the verified notice was filed). 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 March 23, 2022. 

All pleadings, referring to Docket No. 

FD 36593, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, a copy of each pleading must 

be served on Jaguar’s representative, 

Robert A. Wimbish, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606–3208. 

According to Jaguar, this action is 

excluded from environmental review 

under 49 CFR 1105.6(c) and from 

historic preservation reporting 

requirements under 49 CFR 1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: March 10, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–05527 Filed 3–15–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36592] 

Charlotte Western Railroad, LLC— 

Change in Operator Exemption— 

Piedmont & Northern Railroad, LLC 

Charlotte Western Railroad, LLC 

(CWRR), a noncarrier, has filed a 

verified notice of exemption pursuant to 

49 CFR 1150.31 to assume operation of 

approximately 13.04 miles of rail line 

extending from milepost SFC 11.39 at 

Mt. Holly to milepost SFC 23.0 at 

Gastonia, including the Belmont Spur 

extending from milepost SFF 0.13/SFC 

13.6 at Mt. Holly to milepost SFF 1.56 

at or near Belmont (collectively, the 

Line), all in Gaston County, N.C. The 

North Carolina Department of 

Transportation (NCDOT) owns the Line, 

and Piedmont and Northern Railroad, 

LLC (PNRW), currently operates the 

Line under a lease with NCDOT (the 

Lease) and has done so since 2017.1

According to the verified notice, 

CWRR has entered into an agreement 

with PNRW—with NCDOT’s consent— 

under which PNRW will assign its 

rights and obligations under the Lease to 

operate the Line to CWRR, and CWRR 

will commence common carrier 

operations over the Line in place of 

PNRW. Based on projected annual 

revenues for the Line, CWRR expects to 

become a Class III rail carrier after 

consummation of the proposed 

transaction. 

This transaction is related to a 

concurrently filed verified notice in 

OPSEU Pension Plan Trust Fund, Jaguar 

Transport Holdings, LLC, & Jaguar Rail 

Holdings, LLC—Continuance in Control 

Exemption—Charlotte Western 

Railroad, LLC, Docket No. FD 36593, in 

which the filings parties seek to 

continue in control of CWRR upon 

CWRR’s becoming a Class III rail carrier. 

As required under 49 CFR 

1150.33(h)(1), CWRR certifies in its 

verified notice that the proposed change 

of operator on the Line does not involve, 

and the Lease between NCDOT and 

PNRW does not include, any provision 

or agreement that may limit future 

interchange with a third-party 

connecting carrier. 

CWRR certifies that its projected 

annual revenues as a result of the 

transaction will not exceed $5 million 

and will not result in the creation of a 

Class I or Class II rail carrier. Under 49 

CFR 1150.32(b), a change in operator 

exemption requires that notice be given 

to shippers. CWRR certifies that it has 

provided notice of the proposed change 

in operator to the shippers on the Line. 

The transaction may be consummated 

on or after March 30, 2022, the effective 

date of the exemption (30 days after the 

verified notice was filed). 

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 for stay must 

be filed no later than March 23, 2022 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36592, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, a copy of each pleading must 

be served on CWRR’s representative, 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 14943 

Robert A. Wimbish, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606–3208. 

According to CWRR, this action is 

categorically excluded from historic 

preservation reporting requirements 

under 49 CFR 1105.8(b) and from 

environmental reporting requirements 

under 49 CFR 1105.6(c). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: March 10, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–05529 Filed 3–15–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0017] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 23 individuals from 

the hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. The exemptions enable these 

hard of hearing and deaf individuals to 

operate CMVs in interstate commerce. 

DATES: The exemptions were applicable 

on March 4, 2022. The exemptions 

expire on March 4, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., ET, Monday through Friday, 

except Federal holidays. If you have 

questions regarding viewing or 

submitting material to the docket, 

contact Dockets Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2021–0017, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ If you 

do not have access to the internet, you 

may view the docket online by visiting 

Dockets Operations in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

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

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. 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. 

II. Background 

On January 19, 2022, FMCSA 

published a notice announcing receipt 

of applications from 23 individuals 

requesting an exemption from the 

hearing requirement in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (87 FR 2979). 

The public comment period ended on 

February 18, 2022, and two comments 

were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals would achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved by 

complying with § 391.41(b)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 391.41(b)(11) states that a person is 

physically qualified to drive a CMV if 

that person first perceives a forced 

whispered voice in the better ear at not 

less than 5 feet with or without the use 

of a hearing aid or, if tested by use of 

an audiometric device, does not have an 

average hearing loss in the better ear 

greater than 40 decibels at 500 Hz, 1,000 

Hz, and 2,000 Hz with or without a 

hearing aid when the audiometric 

device is calibrated to American 

National Standard (formerly ASA 

Standard) Z24.5—1951. 

This standard was adopted in 1970 

and was revised in 1971 to allow drivers 

to be qualified under this standard 

while wearing a hearing aid, 35 FR 

6458, 6463 (Apr. 22, 1970) and 36 FR 

12857 (July 3, 1971). 

III. Discussion of Comments 

FMCSA received two comments in 

this proceeding. Both comments 

received indicated that Gary Sturdevant 

submitted a hearing exemption 

application to FMCSA. 

IV. Basis for Exemption Determination 

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

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-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. The 

statute also allows the Agency to renew 

exemptions at the end of the 5-year 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The Agency’s decision regarding these 

exemption applications is based on 

current medical information and 

literature, and the 2008 Evidence 

Report, ‘‘Executive Summary on 

Hearing, Vestibular Function and 

Commercial Motor Driving Safety.’’ The 

evidence report reached two 

conclusions regarding the matter of 

hearing loss and CMV driver safety: (1) 

No studies that examined the 

relationship between hearing loss and 

crash risk exclusively among CMV 

drivers were identified; and (2) evidence 

from studies of the private driver’s 

license holder population does not 

support the contention that individuals 

with hearing impairment are at an 

increased risk for a crash. In addition, 

the Agency reviewed each applicant’s 

driving record found in the Commercial 

Driver’s License Information System, for 

commercial driver’s license (CDL) 

holders, and inspections recorded in the 

Motor Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. Each applicant’s record 

demonstrated a safe driving history. 

Based on an individual assessment of 

each applicant that focused 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 him 

or her to driving in intrastate commerce, 

the Agency believes the drivers granted 

this exemption have demonstrated that 

they do not pose a risk to public safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the hearing standard in 

§ 391.41(b)(11) is likely to achieve a 


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