75540 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 

training to operate Longer Combination 

Vehicles (LCVs) safely on the Nation’s 

highways. Motor carriers are required to 

maintain a copy of the training 

certification in each LCV driver’s 

qualification file, which may be 

reviewed by Federal or State 

enforcement officials. This ICR is being 

revised due to an anticipated increase in 

the estimated number of LCV drivers 

submitting training certificates to 

employers resulting in a change to the 

estimated information collection burden 

for this training task. On September 9, 

2010, FMCSA published a Federal 

Register notice allowing for a 60-day 

comment period on the ICR. No 

comment was received. 

DATES: Please send your comments by 

January 3, 2011. OMB must receive your 

comments by this date in order to act 

quickly on the ICR. 

ADDRESSES: All comments should 

reference Federal Docket Management 

System (FDMS) Docket Number 

FMCSA–2010–0380. Interested persons 

are invited to submit written comments 

on the proposed information collection 

to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget. Comments 

should be addressed to the attention of 

the Desk Officer, Department of 

Transportation/Federal Motor Carrier 

Safety Administration, and sent via 

electronic mail to 

oira_submission@omb.eop.gov, or faxed 

to (202) 395–6974, or mailed to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Docket Library, Room 10102, 

725 17th Street, NW., Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, Driver and Carrier 

Operations Division, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, West Building 

6th Floor, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone: 

202–366–4325; e-mail 

tom.yager@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Training Certification for 

Drivers of Longer Combination Vehicles. 

OMB Control Number: 2126–0026. 

Type of Request: Revision of a 

currently-approved information 

collection. 

Respondents: Drivers who complete 

LCV training each year, current LCV 

drivers who submit the LCV DriverTraining Certificate to a prospective 

employer, and motor carriers receiving 

and filing the certificates. 

Estimated Number of Respondents: 

31,500 drivers and motor carriers (700 

new LCV drivers plus 15,050 current 

LCV drivers plus 15,750 motor carriers). 

Estimated Number of Responses: 

31,500 (700 new LCV drivers plus 

15,050 current LCV drivers plus 15,750 

motor carriers). 

Estimated Time per Response: 10 

minutes for preparation of LCV DriverTraining Certificate and an additional 

10 minutes for the use of the LCV 

Driver-Training Certificate during the 

hiring process each year. 

Expiration Date: February 28, 2011. 

Frequency of Response: At various 

times during the year. 

Estimated Total Annual Burden: 

2,742 hours. The total number of drivers 

per year for whom this activity will 

occur consists of newly-trained LCV 

drivers (700) and current LCV drivers 

changing employers (15,050), a total of 

15,750 drivers. The total annual 

information collection burden is 

estimated to be 2,742 hours: Preparation 

of LCV Driver-Training Certificate [700 

newly trained LCV drivers × 10 minutes 

÷ 60 minutes], and use of the certificate 

during the hiring process [15,750 total 

LCV drivers × 10 minutes ÷ 60 minutes]. 

Background: Section 4007(b) of the 

Motor Carrier Act of 1991 (Title IV of 

the Intermodal Surface Transportation 

Efficiency Act of 1991 (ISTEA), Public 

Law 102–240, 105 Stat. 1914, 2152; 49 

U.S.C. 31307) requires the Secretary of 

Transportation to establish Federal 

minimum training requirements for 

drivers of LCVs. The responsibility for 

implementing the statutory requirement 

was subsequently delegated to FMCSA 

(49 CFR 1.73). The FMCSA, in a final 

rule entitled, ‘‘Minimum Training 

Requirements for Longer Combination 

Vehicle (LCV) Operators and LCV 

Driver-Instructor Requirements’’ 

adopted implementing regulations for 

minimum training requirements for the 

operators of LCVs (March 30, 2004; 69 

FR 16722). 

The 2004 final rule created an 

information collection burden 

concerning the certification of new, 

current and non-grandfathered LCV 

drivers. An LCV is any combination of 

a truck-tractor and two or more semitrailers or trailers, which operates on the 

National System of Interstate and 

Defense Highways (as defined in 23 CFR 

470.107) and has a gross vehicle weight 

greater than 80,000 pounds. The 

purpose of this rule is to enhance the 

safety of LCV operations on our nation’s 

highways. 

By regulation, motor carriers cannot 

allow a driver to operate an LCV 

without ensuring that the driver has 

been properly trained in accordance 

with the requirements of 49 CFR 

380.113. LCV drivers must present their 

LCV Driver-Training Certificate to 

prospective employers as proof of 

qualification to drive LCVs. Motor 

carriers must maintain a copy of the 

LCV Training Certificate in order to be 

able to show Federal, State or local 

officials that drivers operating LCVs are 

certified to do so. 

Definitions: The LCV training 

regulations under 49 CFR part 380 are 

applicable only to drivers of ‘‘longer 

combination vehicles,’’ defined as ‘‘any 

combination of a truck-tractor and two 

or more trailers or semi-trailers, which 

operate[s] on the National System of 

Interstate and Defense Highways 

(defined in 23 CFR 470.107) with a gross 

vehicle weight greater than 80,000 

pounds’’ (49 CFR 380.105). 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

information collection. 

Issued on: November 23, 2010. 

Kelly Leone, 

Associate Administrator, Research and 

Information Technology. 

[FR Doc. 2010–30382 Filed 12–2–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0387] 

Identification of Interstate Motor 

Vehicles: The Port Authority of New 

York and New Jersey’s Drayage Truck 

Registry Sticker Display 

Requirements; Petition for 

Determination 

AGENCY: Federal Motor Carrier Safety 

Administration, Department of 

Transportation. 

ACTION: Notice of petition for 

determination; request for comments. 

SUMMARY: FMCSA invites all interested 

persons to comment on a petition that 

the New Jersey Motor Truck Association 

(NJMTA) submitted requesting that 

FMCSA declare the Port Authority of 

New York and New Jersey’s (Port 

Authority) Drayage Truck Registry 

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Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 75541 

(DTR) sticker display requirement 

preempted by Federal law. The Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) prohibits States 

and their political subdivisions from 

requiring motor carriers to display in or 

on commercial motor vehicles (CMVs) 

any form of identification other than 

forms required by the Secretary of 

Transportation, with certain exceptions. 

NJMTA requests that FMCSA determine 

that the Port Authority’s DTR sticker 

display requirement is preempted by 

SAFETEA–LU. FMCSA seeks comment 

on whether the Port Authority’s display 

requirement described below is 

preempted or whether it qualifies for the 

relevant exception codified at 49 U.S.C. 

14506(b)(3). 

DATES: Initial comments are due on or 

before January 3, 2011. In order to allow 

adequate time and notice for 

commenters to prepare reply comments, 

initial comments received after the 

deadline will not be considered. Reply 

comments are due on or before January 

18, 2011. The Agency will only consider 

reply comments responding directly to 

issues raised in the initial round of 

comments. Commenters may not use 

reply comments to raise new issues. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Number in the 

heading of this document by any of the 

following methods. To allow effective 

public participation before the comment 

deadline, however, the Agency 

encourages use of the Web site that is 

listed first. It will provide the most 

efficient and timely method of receiving 

and processing your comments. Do not 

submit the same comments by more 

than one method. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: Ground floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number for this action. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Refer to 

the Privacy Act heading on http:// 

www.regulations.gov for further 

information. 

Public Participation: The 

regulations.gov system is generally 

available 24 hours each day, 365 days 

each year. You can find electronic 

submission and retrieval help and 

guidelines under the ‘‘help’’ section of 

the Web site. For notification that 

FMCSA received the comments, please 

include a self-addressed, stamped 

envelope or postcard, or print the 

acknowledgement page that appears 

after submitting comments on line. 

Copies or abstracts of all documents 

referenced in this notice are in this 

docket. For access to the docket to read 

background documents or comments 

received, go to http:// 

www.regulations.gov at any time or to 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. All 

comments received before the close of 

business on the initial comment closing 

date indicated above will be considered 

and will be available for examination in 

the docket at the above address. 

Comments received after the closing 

date will not be considered. FMCSA 

will continue to file in the public docket 

relevant information that becomes 

available after the comment closing 

date. Interested persons should monitor 

the public docket for new material. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve D. Sapir, Office of the Chief 

Counsel, Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–7056. 

SUPPLEMENTARY INFORMATION: 

Background 

Effective October 1, 2010, the Port 

Authority amended its marine tariff 

(PAMT FMC No. 10) to require trucks 

entering marine terminal facilities to 

display a sticker showing compliance 

with its new Drayage Truck Registry 

(DTR). In response, the NJMTA has 

petitioned the Secretary of 

Transportation (Secretary) for a 

determination that the Port Authority’s 

sticker display requirement is 

preempted by Federal law. Effective 

October 15, 2010, and in response to the 

NJMTA’s petition, the Port Authority 

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. In a letter to 

the Secretary dated November 2, 2010, 

the NJMTA disagreed that the 

compliance sticker would be voluntary 

and amended its petition to request the 

Secretary to determine that the 

substantive provisions of the DTR are 

preempted under 49 U.S.C. 14501(c). 

FMCSA will consider the NJMTA’s 

request for a preemption determination 

on the substantive provisions of the 

DTR as a separate matter, but will make 

its decision available in this docket for 

inspection. 

The NJMTA is a non-profit trade 

association that represents over 500 

trucking companies with operations in 

New Jersey. NJMTA states that its 

mission is to foster and promote sound 

economical and efficient service by 

motor carrier transportation; to promote 

safety and courtesy in highway 

transportation; to foster and support 

beneficial laws and regulations affecting 

the motor carrier industry and highway 

transportation; to promote and 

encourage the construction and 

maintenance of an adequate system of 

safely engineered highways; to foster 

and promote sound and reasonable 

taxation at the State and Federal levels 

on highway users; and to engage in any 

and all activities that will advance the 

interests of highway transportation and 

highway users generally. 

The Port Authority conceives, builds, 

operates and maintains infrastructure 

critical to the New York/New Jersey 

region’s trade and transportation 

network. These facilities include the 

New York/New Jersey airport system, 

marine terminals and ports, the PATH 

rail transit system, six tunnels and 

bridges between New York and New 

Jersey, the Port Authority Bus Terminal 

in Manhattan, and the World Trade 

Center. 

In an effort to reduce Port-related 

diesel and greenhouse gas emissions, 

the Port Authority is implementing a 

truck phase-out plan that will deny old 

drayage trucks access to its marine 

terminal facilities. Under this plan, the 

Port Authority will deny drayage trucks 

with pre-1994 model year engines 

access to Port Authority marine terminal 

facilities effective January 1, 2011. 

Effective January 1, 2017, the Port 

Authority will deny drayage trucks 

equipped with engines that fail to meet 

or exceed 2007 model year Federal 

heavy-duty, diesel-fueled, on-road 

emission standards access to marine 

terminal facilities. In order to 

implement the truck phase-out plan, the 

Port Authority will require drayage 

trucks accessing Port Authority marine 

terminal facilities to be registered in the 

DTR. The Port Authority will issue 

compliance stickers to drayage trucks 

that are compliant with the elements of 

the phase-out plan to facilitate and 

expedite transit of those trucks onto, 

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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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