75542 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 

through and out of marine terminal 

facilities. As noted above, the Port 

Authority has amended its tariff to 

clarify that the compliance stickers are 

a voluntary way to demonstrate 

compliance with the DTR and that no 

truck will be denied access to marine 

terminal facilities for failure to display 

a sticker. 

Section 4306(a) of SAFETEA–LU, 

codified at 49 U.S.C. 14506, prohibits 

States from requiring motor carriers to 

display in or on commercial motor 

vehicles any form of identification other 

than forms required by the Secretary of 

Transportation. Section 14506(b)(3) 

authorizes the Secretary to make an 

exception for display requirements that 

he ‘‘determines are appropriate.’’ 

FMCSA seeks comment on whether 

the Port Authority’s sticker display 

requirement is preempted by Federal 

law. Specifically, the Agency seeks 

comment on whether the Port 

Authority’s sticker display requirement 

should qualify for the Secretary’s 

exception in 49 U.S.C. 14506(b)(3). 

NJMTA’s petition, the Port Authority’s 

October 21, 2010 submission to FMCSA 

in response to the petition, NJMTA’s 

November 2, 2010 amended petition 

and the relevant portions of the Port 

Authority’s October 1 and October 15, 

2010 marine terminal tariffs are 

available in the docket for inspection. 

Request for Comments 

FMCSA invites the Port Authority, as 

well as any other interested party, to 

comment on the limited issue of 

whether the Port Authority’s sticker 

display requirement is preempted by 

49 U.S.C. 15406. Interested parties are 

requested to limit their comments to 

this issue. FMCSA will not consider 

NJMTA’s request to preempt substantive 

provisions of the DTR as a part of this 

docket. FMCSA encourages commenters 

to submit data or legal authorities 

supporting their positions. 

Issued on: November 19, 2010. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2010–30315 Filed 12–2–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7165; FMCSA– 

2000–8398; FMCSA–2004–17984; FMCSA– 

2004–18885; FMCSA–2008–0266] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 21 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained, 

Director, Medical Programs, (202) 366– 

4001, fmcsamedical@dot.gov, FMCSA, 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W64–224, 

Washington, DC 20590–0001. Office 

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

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for a 2- 

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 2-year period. The 

comment period ended on October 27, 

2010 (75 FR 59327). 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 21 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Paul G. 

Albrecht, Elijah A. Allen, Jr., David W. 

Brown, Monty G. Calderon, Awilda S. 

Colon, David M. Hagadorn, Zane G. 

Harvey, Jr., Jeffrey M. Keyser, Donnie A. 

Kildow, Daniel A. McNabb, David G. 

Meyers, Thomas L. Oglesby, Michael J. 

Paul, Russell A. Payne, Rodney M. Pegg, 

Raymond E. Peterson, Zbigniew P. 

Pietranik, John C. Rodriguez, Terrance 

L. Trautman, Charles E. Wood, and 

Joseph F. Wood. 

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

and 31315, each renewal 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. 

Issued on: November 20, 2010. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2010–30384 Filed 12–2–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

Albany Port Railroad Corporation 

[Waiver Petition Docket Number FRA–2010– 

0164] 

The Albany Port Railroad (APRR) and 

the United Transportation Union (UTU) 

(together referred to as ‘‘Petitioners’’) 

jointly seek a waiver from compliance of 

a certain provision of the Federal Hours 

of Service Laws (49 U.S.C. Chapter 211; 

HSL). Specifically, APRR and UTU 

request relief from 49 U.S.C. 

21103(a)(4), which states that a train 

employee may not be required, or 

allowed to remain, or go on duty after 

that employee has initiated an on-duty 

period each day for 6 consecutive days 

unless that employee has had at least 48 

consecutive hours off-duty at the 

employee’s home terminal. In support of 

the request for relief, the petitioners 

explain that UTU is the sole 

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Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 75543 

representing authority for all train 

employees on APRR. 

Further, the petitioner’s explain that 

APRR currently has four train 

employees of which three work a single 

regular assignment Monday through 

Friday, beginning at 6:00 a.m. and 

usually ending at 1:00 p.m. The 

remaining employee holds a relief 

position and works for the other three 

employees when they require a day off. 

The work is always performed within 

the confines of the Albany Port, which 

consists of 5 miles per hour yard tracks. 

The crew will occasionally work on 

Saturdays when a train is delivered and 

needs to be switched, thus the request 

for relief from 49 U.S.C. 21103(a)(4). On 

these occasions, when the crew is 

required to work Saturday, they usually 

receive at least 36 hours or more off 

prior to reporting for duty on Monday. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2010– 

0164) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.—5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at http:// 

www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC on November 29, 

2010. 

Robert C. Lauby, 

Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2010–30308 Filed 12–2–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2010–0105] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

SEAGRASS. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S. build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2010– 

0105 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S. flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S. vessel builder or a 

business that uses U.S. flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

January 3, 2011. 

ADDRESSES: Comments should refer to 

docket number MARAD–2010–0105. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http:// 

www.regulations.govhttp:// 

smses.dot.gov/submit/. All comments 

will become part of this docket and will 

be available for inspection and copying 

at the above address between 10 a.m. 

and 5 p.m., E.T., Monday through 

Friday, except federal holidays. An 

electronic version of this document and 

all documents entered into this docket 

is available on the World Wide Web at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel SEAGRASS is: 

Intended Commercial Use Of Vessel: 

‘‘tourist sailing cruises.’’ Geographic 

Region: ‘‘coast of Maine.’’ 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

By Order of the Maritime Administrator. 

Dated: November 29, 2010. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2010–30341 Filed 12–2–10; 8:45 am] 

BILLING CODE 4910–81–M 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2010–0104] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

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