60 Day Notice

Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

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although one of the bridges was closed
for 30 days, this was for routine
maintenance and resulted from
construction delays caused by weather
conditions. DCR adds that it has
inspected the bridges and has the
knowledge and resources to maintain
them.
As to concerns about wages and
benefits, DCR asserts that it offers some
of the best wages and benefits of any
employer on the Delmarva Peninsula.
DCR notes that it received more
applications for employment than there
are available positions. It adds that it
requires all its employees to abide by all
applicable safety rules and offers
suitable working conditions.
Discussion and Conclusions
Because DCR’s lease and operation
exemption has gone into effect, SMART/
TD’s request will be treated as a petition
to reopen and revoke the exemption
under 49 U.S.C. 10502(d).3 Under 49
U.S.C. 10502(d), an exemption may be
revoked, in whole or in part, if the
Board finds that regulation of the
transaction is necessary to carry out the
RTP of 49 U.S.C. 10101. Under 49 CFR
1115.3(b), the petition must state in
detail whether revocation is supported
by material error, new evidence, or
substantially changed circumstances.
See N.Y. Cent. Lines—Aban.
Exemption—in Montgomery &
Schenectady Ctys., N.Y., AB 565 (SubNo. 14X) (STB served Jan. 22, 2004).
The party seeking revocation has the
burden of showing that regulation is
necessary to carry out the RTP, 49 CFR
1121.4(f), and petitions to revoke must
be based on reasonable, specific
concerns demonstrating that revocation
of the exemption is warranted and more
detailed scrutiny of the transaction is
necessary. See Consol. Rail Corp.—
Trackage Rights Exemption—Mo. Pac.
R.R., FD 32662 (STB served June 18,
1998).
Here, SMART/TD fails to establish
that revocation of the exemption is
necessary to carry out the RTP.
Although SMART/TD has cited the RTP
goals of operating without detriment to
the public health and safety (49 U.S.C.
10101(8)) and encouraging fair wages
and suitable working conditions (49
U.S.C. 10101(11)), it has not shown that
regulation is necessary to carry out these
goals.
3 See

e.g., BNSF Ry.—Trackage Rights
Exemption—Union Pac. R.R., FD 35601, slip op. at
3–4 (STB served Sept. 11, 2013); Watco Holdings,
Inc.—Acquis. of Control Exemption—Wis. & S. R.R.,
FD 35573, slip op. at 1–2 (STB served Mar. 22,
2012); Elk River R.R.—Constr. & Operation
Exemption—Clay & Kanawha Ctys., W.Va., FD
31989, slip op. at 1 n.3 (STB served Apr. 11, 1997).

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The Board takes safety concerns
seriously; however, SMART/TD’s
concerns here are vague and speculative
and do not arise from any demonstrated
shortcomings specific to DCR. DCR has
expressed a commitment to abide by
FRA regulations, and its parent,
Carload, is familiar with FRA’s
requirements. As to maintenance, DCR
states that it has already inspected the
bridges and has explained the one
extended bridge closure cited by
SMART/TD. Furthermore, NSR’s
contract with DCR obligates DCR to
comply with FRA standards of
operation, to maintain the tracks at
standards specified by NSR, and to carry
certain insurance policies covering
incidents that might occur while
operating the Line.
SMART/TD’s concern about DCR’s
having fewer resources than NSR, the
Line’s Class I owner, also does not
warrant revocation. Class I carriers
routinely spin-off lines to newly formed
Class III carriers, and SMART/TD has
not demonstrated that DCR will be any
less prepared to assume the
responsibility to maintain and operate
the Line that any other new Class III
carrier would be. Moreover, as DCR
notes, its parent company, Carload, is an
experienced shortline operator. DCR
explains that Carload’s railroads ‘‘have
strong safety records and there have
been no FRA or STB reported
allegations that its shortline employees
have been treated unfairly or required to
operate in unsafe conditions;’’ SMART/
TD has offered no evidence to the
contrary. SMART/TD has also failed to
show that the labor impact here is
different from, or greater than, the
impacts typically associated with the
acquisition of a rail line by any new
carrier.
For the foregoing reasons, SMART/TD
has not shown that reopening and
revocation are supported by material
error, new evidence, or substantially
changed circumstances, or that applying
the Board’s regulation to the transaction
is necessary to carry out the RTP.
Accordingly, the Board finds no basis to
revoke DCR’s exemption or begin a
revocation proceeding.
It is ordered:
1. SMART/TD’s petition to revoke
DCR’s exemption is denied.
2. This decision is effective on its date
of service.
Decided: March 1, 2017.
By the Board, Board Members Begeman,
Elliott, and Miller.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017–04472 Filed 3–7–17; 8:45 am]
BILLING CODE 4915–01–P

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13041

SURFACE TRANSPORTATION BOARD
60-Day Notice of Intent To Seek
Extension of Approval: Information
Collection Activities (Report of Fuel
Cost, Consumption, and Surcharge
Revenue)
Surface Transportation Board.
Notice and request for
comments.

AGENCY:
ACTION:

As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act of 1995, the Surface Transportation
Board (STB or Board) gives notice that
it is requesting from the Office of
Management and Budget (OMB) an
extension of approval for the collection
of the Report of Fuel Cost,
Consumption, and Surcharge Revenue.
DATES: Comments on this information
collection should be submitted by May
8, 2017.
ADDRESSES: Direct all comments to
Chris Oehrle, PRA Officer, Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001, or to
[email protected]. When submitting
comments, please refer to ‘‘Paperwork
Reduction Act Comments, Report of
Fuel Cost, Consumption, and Surcharge
Revenue.’’
FOR FURTHER INFORMATION CONTACT: For
further information regarding this
collection, contact Michael Higgins,
Deputy Director, Office of Public
Assistance, Governmental Affairs, and
Compliance at (202) 245–0284 or at
[email protected]. Assistance for
the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: For each
collection, comments are requested
concerning: (1) The accuracy of the
Board’s burden estimates; (2) ways to
enhance the quality, utility, and clarity
of the information collected; (3) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology, when
appropriate; and (4) whether the
collection of information is necessary
for the proper performance of the
functions of the Board, including
whether the collection has practical
utility. Submitted comments will be
summarized and included in the
Board’s request for OMB approval.
SUMMARY:

Description of Collection
Title: Report of Fuel Cost,
Consumption, and Surcharge Revenue.
OMB Control Number: 2140–0014.
STB Form Number: None.

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13042

Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

Type of Review: Extension without
change.
Respondents: Class I railroads
(railroads with operating revenues
exceeding $457,913,998 million).
Number of Respondents: Seven.
Estimated Time per Response: One
hour.
Frequency: Quarterly.
Total Burden Hours (annually
including all respondents): 28.
Total ‘‘Non-hour Burden’’ Cost: None
identified.
Needs and Uses: Under 49 U.S.C.
10702, the Board has the authority to
address the reasonableness of a rail
carrier’s practices. This information
collection permits the Board to monitor
the current fuel surcharge practices of
the Class I carriers. Failure to collect
this information would impede the
Board’s ability to fulfill its statutory
responsibilities. The Board has
authority to collect information about
rail costs and revenues under 49 U.S.C.
11144 and 11145.
Under the PRA, a federal agency that
conducts or sponsors a collection of
information must display a currently
valid OMB control number. A collection
of information, which is defined in 44
U.S.C. 3502(3) and 5 CFR 1320.3(c),
includes agency requirements that
persons submit reports, keep records, or
provide information to the agency, third
parties, or the public. Under 44 U.S.C.
3506(c)(2)(A), federal agencies are
required to provide, prior to an agency’s
submitting a collection to OMB for
approval, a 60-day notice and comment
period through publication in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information.
Dated: March 3, 2017.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017–04556 Filed 3–7–17; 8:45 am]
BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration

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[Docket No. FMCSA–2011–0382; FMCSA–
2011–0383; FMCSA–2013–0194; FMCSA–
2014–0012; FMCSA–2014–0013]

Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its
decision to renew exemptions of 47

SUMMARY:

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individuals from its prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) from operating commercial
motor vehicles (CMVs) in interstate
commerce. The exemptions enable these
individuals with ITDM to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions was effective on the dates
stated in the discussions below and will
expire on the dates stated in the
discussions below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5:30
p.m., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: http://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to http://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
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 http://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/
privacy.
II. Background
On November 25, 2016, FMCSA
published a notice announcing its
decision to renew exemptions for 47
individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR
391.41(b)(3) to operate a CMV in
interstate commerce and requested
comments from the public (81 FR
85317). The public comment period
ended on December 27, 2016, and no
comments were received.

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As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(3).
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based upon its evaluation of the 47
renewal exemption applications and
that no comments were received,
FMCSA confirms its’ decision to exempt
the following drivers from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce in
49 CFR 391.41(b)(3):
As of April 1, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 24 individuals have satisfied
the renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driving CMVs
in interstate commerce (79 FR 6987; 79
FR 18388):
Dana A. Albert (NY)
John R. Benshoff (OH)
George A. Blanda (NY)
Terrence K. Cannon (IL)
Trisha J. Davis (ME)
Paul D. Ferris (NY)
Larry Gaskill (RI)
Thomas H. Gaskins (NC)
Gary A. Grant (WA)
Brian C. Halcomb (IL)
Gerald Lee (CA)
Timothy R. Lewis (OR)
Gregory J. Littlefield (MN)
Glen H. Miller (MI)
Ryan M. Ottis (ND)
Steven M. Parsons (WV)
William L. Reece (ND)
Jay R. Rude (AZ)
Denise D. Ruffin (MS)
Ryan E. Stretch (MO)
William F. Sullivan, IV (NY)
John R. Thompson (WI)
Everette L. Twyman (MO)
John F. Whitesides (NC)
The drivers were included in Docket
No. FMCSA–2013–0194. Their
exemptions are effective as of April 1,
2016, and will expire on April 1, 2018.
As of April 6, 2016, and in accordance
with 49 U.S.C. 31136(e) and 31315, the

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