70930 Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 

1The Line and the UP incidental trackage rights 

sought to be acquired by V&S were acquired by 

MCRR as part of the acquisition authorized in 

Missouri Central Railroad—Acquisition & 

Operation Exemption—Lines of Union Pacific 

Railroad, FD 33508 (STB served Jan. 27, 1998). 

2See Cent. Midland Ry.—Operation Exemption— 

Lines of Mo. Cent. R.R., FD 33988 (STB served Jan. 

29, 2001). 

driving histories with their vision 

deficiencies are good predictors of 

future performance, FMCSA concludes 

their ability to drive safely can be 

projected into the future. 

We believe that the applicants’ 

intrastate driving experience and history 

provide an adequate basis for predicting 

their ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. The 

veteran drivers in this proceeding have 

operated CMVs safely under those 

conditions for at least 3 years, most for 

much longer. Their experience and 

driving records lead us to believe that 

each applicant is capable of operating in 

interstate commerce as safely as he/she 

has been performing in intrastate 

commerce. Consequently, FMCSA finds 

that exempting these applicants from 

the vision requirement in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. For this reason, the 

Agency is granting the exemptions for 

the 2-year period allowed by 49 U.S.C. 

31136(e) and 31315 to the 13 applicants 

listed in the notice of September 18, 

2014 (79 FR 56099). 

We recognize that the vision of an 

applicant may change and affect his/her 

ability to operate a CMV as safely as in 

the past. As a condition of the 

exemption, therefore, FMCSA will 

impose requirements on the 13 

individuals consistent with the 

grandfathering provisions applied to 

drivers who participated in the 

Agency’s vision waiver program. 

Those requirements are found at 49 

CFR 391.64(b) and include the 

following: (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 requirement 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, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must have a copy 

of the certification when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

V. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

VI. Conclusion 

Based upon its evaluation of the 13 

exemption applications, FMCSA 

exempts the following drivers from the 

vision requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above (49 CFR 

391.64(b)): 

Terry L. Allen (IL) 

Wilfred J. Brinkman (OH) 

Todd A. Carlson (MN) 

Roderick L. Duvall (PA) 

Ronald R. Gaines (FL) 

Russel K. Gray (OH) 

Billy R. Hampton (NC) 

Raymond A. Holt (CA) 

Christopher M. Keen (KS) 

Julie A. Mabry (AZ) 

William L. Moore (FL) 

Benny R. Morris (WV) 

Juan C. Puente (TX) 

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

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

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. 31136 and 31315. 

If the exemption is still effective 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: November 17, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–28070 Filed 11–26–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35868] 

V and S Railway, LLC—Acquisition 

Exemption—Line of Missouri Central 

Railroad Company 

V and S Railway, LLC (V&S), a Class 

III rail carrier, has filed a verified notice 

of exemption under 49 CFR 1150.41 to 

acquire from Missouri Central Railroad 

Company (MCRR) and operate a 52.6- 

mile line of railroad extending between 

milepost 19.0, near Vigus, St. Louis 

County, Mo., and milepost 71.6, near 

Beaufort, Franklin County, Mo. (the 

Line). V&S also is acquiring incidental 

trackage rights on the Union Pacific 

Railroad Company (UP) between 

milepost 19.0, near Vigus, and milepost 

10.3, near Rock Island Junction, Mo.1

V&S states that it has reached an 

agreement with MCRR pursuant to 

which MCRR will sell and V&S will buy 

the Line. According to V&S, the 

agreement between V&S and MCRR 

does not contain an interchange 

commitment. V&S also states that the 

Line is currently operated by Central 

Midland Railway Company (CMRC).2

According to V&S, CMRC will continue 

operating the Line proposed to be 

acquired by V&S pursuant to an 

agreement between MCRR and CMRC, 

as amended, which calls for CMRC’s 

discontinuance of service on the Line, 

subject to Board authorization, on 

December 31, 2020. 

The proposed transaction may be 

consummated on or after December 12, 

2014, the effective date of this 

exemption (30 days after the exemption 

was filed). 

V&S certifies that as a result of the 

proposed acquisition its revenue will 

remain below $5 million, and the 

transaction will not result in the 

creation of a Class II or Class I 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 by December 5, 2014 (at least seven 

days prior to the date the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35868, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on applicant’s representative, 

Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 


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Federal Register / Vol. 79, No. 229 / Friday, November 28, 2014 / Notices 70931 

1According to CGA, the line will be transferred 

by quitclaim deed, which has not yet been 

prepared. CGA states that a copy of the deed will 

be filed as soon as it is available. 

1Each OFA must be accompanied by the filing 

fee, which is currently set at $1,600. See 49 CFR 

1002.2(f)(25). 

2Because this is a discontinuance proceeding and 

not an abandonment, trail use/rail banking and 

public use conditions are not appropriate. Likewise, 

no environmental or historic documentation is 

required here under 49 CFR 1105.6(c) and 49 CFR 

1105.8(b), respectively. 

M Street NW. (7th Floor), Washington, 

DC 20036. 

Board decisions and notices are 

available on our Web site at 

WWW.STB.DOT.GOV. 

Decided: November 24, 2014. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Raina S. White, 

Clearance Clerk. 

[FR Doc. 2014–28134 Filed 11–26–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35870] 

Central of Georgia Railroad 

Company—Corporate Family 

Transaction Acquisition Exemption— 

Norfolk Southern Railway Company 

Central of Georgia Railroad Company 

(CGA), a wholly owned subsidiary of 

Norfolk Southern Railway Company 

(NSR), has filed a verified notice of 

exemption under 49 CFR 1180.2(d)(3) 

for a corporate family transaction in 

which CGA will acquire a segment of a 

line of railroad from NSR.1 The segment 

is a 0.26-mile portion of NSR’s M-Line, 

extending between mileposts 16.65–M 

and 16.91–M in Experiment, Spalding 

County, Ga. 

According to CGA, the proposed 

transaction will transfer the ownership 

of the line from NSR to CGA. CGA states 

that no active customers are located on 

the line and no service has been 

provided over the line for at least three 

years. CGA also states that the line 

parallels and shares a portion of the 

right-of-way with CGA’s existing and 

active S-line, which extends from 

Atlanta, Ga., to Macon, Ga. According to 

CGA, NSR’s predecessors previously 

abandoned other segments of the M-line 

such that the line is accessible today 

only as a branch off of CGA’s S-line. 

Unless stayed, the exemption will be 

effective on December 12, 2014 (30 days 

after the verified notice was filed). 

Applicant states that the parties intend 

to consummate the proposed transaction 

on or about December 11, 2014, but they 

may not do so prior to the December 12, 

2014 effective date of the exemption. 

According to CGA, the purpose of the 

proposed transaction is to centralize 

title and control of adjacent lines within 

NSR’s corporate family under the same 

subsidiary for more efficient 

management. 

The line transfer is a transaction 

within a corporate family exempted 

from prior review and approval under 

49 CFR 1180.2(d)(3). Applicant states 

that the transaction will not adversely 

impact service levels, significantly 

change operations, or impact CGA’s 

competitive balance with carriers 

outside the corporate family. 

As a condition to the use of this 

exemption, any employees adversely 

affected by this transaction will be 

protected by the conditions set forth in 

New York Dock Railway—Control— 

Brooklyn Eastern District Terminal, 360 

I.C.C. 60 (1979). 

If the 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 December 5, 2014 

(at least seven days before the 

exemption becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35870, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on applicant’s 

representative, Garrett D. Urban, Norfolk 

Southern Corporation, Three 

Commercial Place, Norfolk, VA 23510. 

Board decisions and notices are 

available on our Web site at 

WWW.STB.DOT.GOV. 

Decided: November 24, 2014. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2014–28120 Filed 11–26–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 290 (Sub-No. 372X)] 

Central of Georgia Railroad 

Company—Discontinuance of Service 

Exemption—in Upson County, Georgia 

Central of Georgia Railroad Company 

(CGA), a wholly owned subsidiary of 

Norfolk Southern Railway Company, 

has filed a verified notice of exemption 

under 49 CFR part 1152 subpart F— 

Exempt Abandonments and 

Discontinuances of Service to 

discontinue service over approximately 

3.25 miles of rail line from milepost B 

248.10 to milepost B 251.35 in Upson 

County, Ga. (the Line). The Line 

traverses United States Postal Service 

Zip Code 30286. 

CGA has certified that: (1) No local 

traffic has moved over the Line for at 

least two years; (2) no overhead traffic 

has moved over the Line for at least two 

years, and if there were any, it could 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 

Surface Transportation Board (Board) or 

with any U.S. District Court or has been 

decided in favor of complainant within 

the two-year period; and (4) the 

requirements at 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 

discontinuance shall be protected under 

Oregon Short Line Railroad— 

Abandonment Portion Goshen Branch 

Between Firth & Ammon, in Bingham & 

Bonneville Counties, Idaho, 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) to subsidize continued 

rail service has been received, this 

exemption will become effective on 

December 30, 2014, unless stayed 

pending reconsideration. Petitions to 

stay that do not involve environmental 

issues and formal expressions of intent 

to file an OFA to subsidize continued 

rail service under 49 CFR 1152.27(c)(2),1

must be filed by December 8, 2014.2

Petitions to reopen must be filed by 

December 18, 2014, with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to CGA’s 

representative: William A. Mullins, 

Baker & Miller PLLC, 2401 Pennsylvania 

Ave. NW., Suite 300, Washington, DC 

20037. 


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