81 FR 59265 - Union Pacific Railroad Company-Abandonment Exemption-in Pima County, Ariz.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range		59265-59266
FR Document		2016-20645
Federal Register, Volume 81 Issue 167 (Monday, August 29, 2016)
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59265-59266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20645]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 33 (Sub-No. 329X)]


Union Pacific Railroad Company--Abandonment Exemption--in Pima 
County, Ariz.

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon the remaining 1.6 miles of the Tucson South Main railroad line 
in Pima County, Ariz. (the Line). The Line extends between milepost 
984.7 and milepost 986.3 in South Tucson, and traverses United States 
Postal Service Zip Codes 85701 and 85713.
    UP states that the property underlying the Line is the subject of a 
state court condemnation action by Pima County. Pima Cty. v. Union Pac. 
R.R., No. CV2015-010983 (Super. Ct. Maricopa Cty. filed July 9, 2015). 
UP states that it has reached an agreement with Pima County whereby 
Pima County will acquire the property pursuant to its condemnation 
authority following consummation of the abandonment.
    UP has certified that: (1) No local traffic has moved over the Line 
for at least two years; (2) there is no overhead traffic on the Line; 
(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 is pending either 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 1105.7(c) (environmental report), 49 
CFR 1105.11 (transmittal letter), 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 abandonment 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) has been received, this exemption will 
become effective on September 28, 2016, unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\1\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\2\ and interim trail use/rail banking requests under 49 
CFR 1152.29 must be filed by September 8, 2016. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by September 19, 2016, with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Jeremy M. Berman, 1400 Douglas St., #1580, Omaha, NE 
68179.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by September 2, 2016. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at (800) 877-8339. Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA becomes 
available to the public.
    Environmental, historic preservation, public use, or interim trail 
use/rail banking conditions will be imposed, where appropriate, in a 
subsequent decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a 
notice of consummation with the Board to signify that it has exercised 
the authority granted and fully abandoned the Line. If consummation has 
not been effected by

[[Page 59266]]

UP's filing of a notice of consummation by August 29, 2017, and there 
are no legal or regulatory barriers to consummation, the authority to 
abandon will automatically expire.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: August 29, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

Tammy Lowery,
Clearance Clerk.
[FR Doc. 2016-20645 Filed 8-26-16; 8:45 am]
 BILLING CODE 4915-01-P
59266 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices

UP’s filing of a notice of consummation New Jersey Avenue SE., Washington, each requested such an exemption from
by August 29, 2017, and there are no DC, between 9 a.m. and 5 p.m., Monday the vision requirement in 49 CFR
legal or regulatory barriers to through Friday, except Federal 391.41(b)(10), which applies to drivers
consummation, the authority to Holidays. of CMVs in interstate commerce.
abandon will automatically expire. • Fax: 1–202–493–2251. Accordingly, the Agency will evaluate
Board decisions and notices are Instructions: Each submission must the qualifications of each applicant to
available on our Web site at include the Agency name and the determine whether granting an
‘‘WWW.STB.DOT.GOV.’’ docket numbers for this notice. Note exemption will achieve the required
Decided: August 29, 2016. that all comments received will be level of safety mandated by statute.
By the Board, Rachel D. Campbell,
posted without change to http://
II. Qualifications of Applicants
Director, Office of Proceedings. www.regulations.gov, including any
personal information provided. Please Gregory M. Anderson
Tammy Lowery, see the Privacy Act heading below for
Clearance Clerk. Mr. Anderson, 50, has had amblyopia
further information. in his right eye since childhood. The
[FR Doc. 2016–20645 Filed 8–26–16; 8:45 am] Docket: For access to the docket to
visual acuity in his right eye is 20/400,
BILLING CODE 4915–01–P read background documents or
and in his left eye, 20/20. Following an
comments, go to http://
examination in 2016, his
www.regulations.gov at any time or
ophthalmologist stated, ‘‘Visual field
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of
and color testing are normal. Mr.
the West Building, 1200 New Jersey
Anderson is okay to drive a commercial
Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
vehicle.’’ Mr. Anderson reported that he
Administration a.m. and 5 p.m., Monday through
has driven straight trucks for 12 years,
Friday, except Federal holidays. The
[Docket No. FMCSA–2016–0033] accumulating 156,000 miles. He holds
FDMS is available 24 hours each day,
an operator’s license from New York.
Qualification of Drivers; Exemption 365 days each year. If you want
His driving record for the last 3 years
Applications; Vision acknowledgment that we received your
shows 1 crash in a CMV, for which he
comments, please include a self-
was not cited, and no convictions for
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
moving violations in a CMV.
Administration (FMCSA), DOT. postcard or print the acknowledgement
ACTION: Notice of applications for page that appears after submitting Richard D. Auger
exemptions; request for comments. comments on-line. Mr. Auger, 53, has had a prosthetic
Privacy Act: In accordance with 5 right eye since 1989. The visual acuity
SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments in his right eye is no light perception,
applications from 18 individuals for from the public to better inform its and in his left eye, 20/20. Following an
exemption from the vision requirement rulemaking process. DOT posts these examination in 2016, his optometrist
in the Federal Motor Carrier Safety comments, without edit, including any stated, ‘‘Based on my medical opinion,
Regulations. They are unable to meet personal information the commenter patient has sufficient vision in his left
the vision requirement in one eye for provides, to www.regulations.gov, as eye to perform the driving tasks
various reasons. The exemptions will described in the system of records required to operate a commercial
enable these individuals to operate notice (DOT/ALL–14 FDMS), which can vehicle.’’ Mr. Auger reported that he has
commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy. driven straight trucks for 33 years,
interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: accumulating 49,500 miles, and tractor-
the prescribed vision requirement in Christine A. Hydock, Chief, Medical trailer combinations for 20 years,
one eye. If granted, the exemptions Programs Division, (202) 366–4001, accumulating 10,000 miles. He holds a
would enable these individuals to fmcsamedical@dot.gov, FMCSA, Class AM1 CDL from California. His
qualify as drivers of commercial motor Department of Transportation, 1200 driving record for the last 3 years shows
vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64– no crashes and no convictions for
DATES: Comments must be received on 113, Washington, DC 20590–0001. moving violations in a CMV.
or before September 28, 2016. All Office hours are 8:30 a.m. to 5 p.m., e.t.,
comments will be investigated by Monday through Friday, except Federal Theodore N. Belcher
FMCSA. The exemptions will be issued holidays. If you have questions Mr. Belcher, 33, has had a cataract in
the day after the comment period closes. regarding viewing or submitting his right eye due to a traumatic incident
ADDRESSES: You may submit comments material to the docket, contact Docket in childhood. The visual acuity in his
bearing the Federal Docket Management Services, telephone (202) 366–9826. right eye is 20/400, and in his left eye,
System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: 20/20. Following an examination in
2016–0033 using any of the following 2015, his optometrist stated, ‘‘Certifies
methods: I. Background that in my medical opinion, patient has
• Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, sufficient vision to perform the driving
http://www.regulations.gov. Follow the FMCSA may grant an exemption from tasks required to operate a commercial
on-line instructions for submitting the Federal Motor Carrier Safety vehicle: YES he has that opinion from
comments. Regulations for a 2-year period if it finds me.’’ Mr. Belcher reported that he has
jstallworth on DSK7TPTVN1PROD with NOTICES

• Mail: Docket Management Facility; ‘‘such exemption would likely achieve a driven straight trucks for 3 years,
U.S. Department of Transportation, 1200 level of safety that is equivalent to or accumulating 46,800 miles, and tractor-
New Jersey Avenue SE., West Building greater than the level that would be trailer combinations for 2 years,
Ground Floor, Room W12–140, achieved absent such exemption.’’ accumulating 72,000 miles. He holds a
Washington, DC 20590–0001. FMCSA can renew exemptions at the Class A CDL from Virginia. His driving
• Hand Delivery: West Building end of each 2-year period. The 18 record for the last 3 years shows 1 crash
Ground Floor, Room W12–140, 1200 individuals listed in this notice have in a CMV, for which he was cited, and

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Document Created: 2016-08-26 23:50:23
Document Modified: 2016-08-26 23:50:23
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 59265