980 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 

‘‘Highways for LIFE’’ Pilot Program. The 

purpose of the Highways for LIFE pilot 

program is to advance longer-lasting 

highways using innovative technologies 

and practices to accomplish the fast 

construction of efficient and safe 

highways and bridges. ’’Highways for 

LIFE’’ is focused on accelerating the rate 

of adoption of proven technologies. The 

program will provide funding to States 

to accelerate technology adoption to 

construct, reconstruct, or rehabilitate 

Federal-aid highway projects that 

incorporate innovative technologies that 

will improve safety, reduce congestion 

due to construction, and improve 

quality. Those States interested in 

participating in the ‘‘Highways for 

LIFE’’ program will submit an 

application for project funding. The 

information to be provided on the 

application includes a description of the 

project, the innovative technologies to 

be used and a description of how these 

technologies will improve safety, reduce 

construction congestion, and improve 

quality. The collected information will 

be used by FHWA to evaluate and select 

projects for ‘‘Highways for LIFE’’ 

funding. 

Respondents: The fifty State 

Departments of Transportation, the 

District of Columbia, and Puerto Rico. 

Frequency: The information will be 

collected annually beginning in fiscal 

year 2009 and ending in fiscal year 

2015. 

Estimated Average Burden per 

Response: 8 hours per respondent per 

application. 

Estimated Total Annual Burden 

Hours: It is expected that the 

respondents will complete 

approximately 30 applications for an 

estimated 240 total annual burden 

hours. 

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 FHWA’s performance; 

(2) the accuracy of the estimated 

burden; (3) ways for the FHWA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized, including the use of 

electronic technology, without reducing 

the quality of the collected information. 

The agency will summarize and/or 

include your comments in the request 

for OMB’s clearance of this information 

collection. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1.48. 

Issued On: January 6, 2009. 

James R. Kabel, 

Chief, Management Programs and Analysis. 

[FR Doc. E9–173 Filed 1–8–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2003–15818] 

Exemption To Allow Werner 

Enterprises, Inc. To Use Global 

Positioning System (GPS) Technology 

To Monitor and Record Drivers’ Hours 

of Service 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice. 

SUMMARY: FMCSA announces that 

Werner Enterprises, Inc.’s (Werner’s) 

exemption from the Agency’s regulatory 

requirements regarding Automatic OnBoard Recording Devices is no longer 

required for the Werner Paperless Log 

System (WPLS). Based on information 

provided by Werner, the Agency has 

determined that the exemption is no 

longer required due to recent 

technological changes in the WPLS. 

DATES: This notice is effective January 9, 

2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division, Office 

of Bus and Truck Standards and 

Operations: Telephone: 202–366–4325. 

E-mail: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Prior Werner Exemption 

Following public notice and 

comment, on September 21, 2004, 

FMCSA granted Werner a 2-year 

exemption from the requirement that its 

commercial motor vehicle (CMV) 

drivers prepare handwritten records of 

duty status (49 CFR 395.8) or use an 

Automatic On-Board Recording Device 

(AOBRD) (49 CFR 395.15). A 

determination was made that the Global 

Positioning System (GPS) technology 

and complementary safety management 

computer systems in the Werner 

Paperless Log System (WPLS) would 

achieve the requisite level of safety. At 

that time, the primary reason for the 

exemption was that the Werner system 

was not integrally synchronized with 

the CMV as required by the definition 

of an AOBRD in 49 CFR 395.2. Certain 

information regarding miles driven and 

road speed was obtained from the GPS. 

The exemption was effective on 

September 21, 2004 and expired on 

September 21, 2006 (69 FR 56474). 

In 2006, Werner applied for renewal 

of this exemption. Under 49 U.S.C. 

31315 and 31136(e), FMCSA may renew 

an exemption for a period of up to 2 

years 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.* * *’’ FMCSA 

evaluated Werner’s application, and in 

a September 7, 2006 notice, announced 

its decision to renew Werner’s 

exemption for 2 years (71 FR 52846). 

Request for Determination 

In July 2008, Werner requested that 

FMCSA review the modified WPLS to 

determine whether an exemption is still 

necessary. Werner advised that changes 

made in the WPLS have brought it into 

compliance with 49 CFR 395.15, and 

provided detailed information to 

FMCSA in support of its request. 

A subsequent analysis of technical 

compliance with 49 CFR 395.15 was 

undertaken by FMCSA based on 

Werner’s documentation. Regarding the 

primary issue of integral 

synchronization with the CMV to record 

engine use, road speed, miles driven, 

and date and time of day, Werner 

responded that except for date and time 

of day, all of this data is now obtained 

directly from the engine control module 

of the CMV. The date and time of day 

are obtained from the computer-satellite 

link. The GPS capability is only used to 

establish vehicle location, as permitted 

by 49 CFR 395.15. 

FMCSA Determination 

Based on the information provided by 

Werner, FMCSA has determined that 

the WPLS is in compliance with 49 CFR 

395.15, and Werner no longer requires 

an exemption for use of the WPLS. 

Issued on: December 29, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–192 Filed 1–8–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–98–3637; FMCSA–00– 

8203; FMCSA–02–12844; FMCSA–04–17984; 

FMCSA–06–24015; FMCSA–06–26066] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

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Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 981 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 9 

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 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective 

February 7, 2009. Comments must be 

received on or before February 9, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA–98– 

3637; FMCSA–00–8203; FMCSA–02– 

12844; FMCSA–04–17984; FMCSA–06– 

24015; FMCSA–06–26066, using any of 

the following methods. 

• Federal eRulemaking Portal: Go to 

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

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

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

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this Notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time 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., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://DocketInfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

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 renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

Exemption Decision 

This notice addresses 9 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

9 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Jose C. Azuara, Timothy A. DeFrange, 

Casey R. Johnson, Thomas J. Boss, 

Scott D. Goalder, Myriam Rodriguez, 

Fabian L. Burnett, Robert J. Johnson, 

James E. Savage. 

These exemptions are extended 

subject to the following conditions: (1) 

That each individual have a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard 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 and retain a copy of the certification 

on his/her person while driving for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. Each exemption will be valid 

for two years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded 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(e) and 

31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

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

31315, each of the 9 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (63 FR 30285; 63 FR 

54519; 65 FR 66293; 68 FR 1654; 69 FR 

71098; 72 FR 1054; 67 FR 68719; 68 FR 

2629; 69 FR 71100; 72 FR 1053; 69 FR 

33997; 69 FR 61292; 72 FR 184; 72 FR 

5490; 71 FR 14566; 71 FR 30227; 71 FR 

63379; 72 FR 1050). Each of these 9 

applicants has requested renewal of the 

exemption and has submitted evidence 

showing that the vision in the better eye 

continues to meet the standard specified 

at 49 CFR 391.41(b)(10) and that the 

vision impairment is stable. In addition, 

a review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

mstockstill on PROD1PC66 with NOTICES

982 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 

concerning the safety records of these 

drivers submit comments by February 9, 

2009. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 9 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was based on the 

merits of each case and only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all of these 

drivers, are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: December 29, 2008. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–191 Filed 1–8–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[USCG–2007–28535] 

Atlantic Sea Island Group LLC, Safe 

Harbor Energy Liquefied Natural Gas 

Deepwater Port License Application 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice of intent; notice of public 

meeting; request for comments. 

SUMMARY: The Maritime Administration 

announces that the Coast Guard, in 

coordination with the Maritime 

Administration, will prepare an 

environmental impact statement (EIS) as 

part of the environmental review of this 

license application. The application 

describes a project that would be 

located approximately 13.5 miles south 

of the City of Long Beach, New York, 19 

miles east of Highlands, New Jersey, and 

23 miles southeast of the Ports of New 

York and New Jersey. The proposed port 

would consist of a 60.5 acre island at 

the surface, 116 to 140 acres at its base 

and constructed in approximately 60 to 

70 feet of water covering the area known 

as Cholera Bank. 

The EIS will be prepared with the 

New York State Department of 

Environmental Conservation (NYSDEC) 

as a cooperating agency in the 

environmental review with the Coast 

Guard. The EIS will meet the 

requirements of both the National 

Environmental Policy Act (NEPA) and 

the New York State Environmental 

Quality Review Act (SEQRA). In 

addition, the Coast Guard and the 

Maritime Administration will be 

working with appropriate state agency 

representatives from New Jersey to 

ensure potential impacts and concerns 

of New Jersey are addressed in the EIS. 

Publication of this notice begins a 30 

day scoping process that will assist in 

the identification and determination of 

the environmental issues to be 

addressed in the EIS. This notice 

requests public participation in the 

scoping process and provides 

information regarding how to 

participate in the process. It announces 

a public meeting to be held in 

connection with the EIS; requests for 

public comment on the scope of the EIS; 

and also serves as a notice of public 

scoping sessions as provided for under 

SEQRA, 6 NYCRR § 617.8. At least one 

public meeting will take place in each 

adjacent coastal state. For purposes of 

the Deepwater Port Act (Act), New York 

and New Jersey are adjacent coastal 

states for this application. 

DATES: Public meetings will be held in 

Eatontown, New Jersey on January 27, 

2009; and in Long Beach, New York on 

January 29, 2009. The public meetings 

will be held from 6 p.m. to 8 p.m. and 

will be preceded by an open house from 

4:30 p.m. to 6 p.m. The public meeting 

may end later than the stated time, 

depending on the number of persons 

wishing to speak. 

Material submitted in response to the 

request for comments on the license 

application must reach the Docket 

Management Facility by February 9, 

2009 (30 days after NOI is published in 

the FR). 

ADDRESSES: The open house and public 

meeting on January 27, 2009 will be 

held at: The Sheraton of Eatontown, 6 

Industrial Way East, Eatontown, NJ 

07724; 732–542–6500. 

The open house and public meeting 

on January 29, 2009 will be held at: The 

Jackson by the Beach Hotel, 405 East 

Broadway, Long Beach, NY 11561; 516– 

431–3700. 

The license application, comments 

and associated documentation is 

available for viewing at the Federal 

Docket Management System (FDMS) 

Web site: http://www.regulations.gov 

under docket number USCG–2007– 

28535. 

Docket submissions for USCG–2007– 

28535 should be addressed to: 

Department of Transportation, Docket 

Management Facility, West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001. 

The Docket Management Facility 

accepts hand-delivered submissions, 

and makes docket contents available for 

public inspection and copying at this 

address between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The facility telephone number 

is 202–366–9329, the fax number is 

202–493–2251, and the Web site for 

electronic submissions or for electronic 

access to docket contents is: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mark Prescott, U.S. Coast Guard, 

telephone: 202–372–1440, e-mail: 

Mark.A.Prescott@uscg.mil; or LT 

Hannah Kawamoto, U.S. Coast Guard, 

telephone: 202–372–1438, e-mail: 

Hannah.K.Kawamoto@uscg.mil; or 

Yvette Fields, U.S. Maritime 

Administration, telephone: 202–366– 

0926, e-mail: Yvette.Fields@dot.gov; or 

John Ferguson, New York State 

Department of Environmental 

Conservation, telephone: 518–402–9167, 

e-mail: jjfergus@gw.dec.state.ny.us. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–493–0402. 

SUPPLEMENTARY INFORMATION: 

Public Meeting and Open House 

We invite you to learn about the 

proposed deepwater port at an 

informational open house, and to 

comment at a public meeting on 

environmental issues related to the 

proposed deepwater port. Your 

comments will help us identify and 

refine the scope of the environmental 

issues to be addressed in the EIS. 

In order to allow everyone a chance 

to speak at the public meeting, we may 

limit speaker time, or extend the 

meeting hours, or both. You must 

identify yourself, and any organization 

mstockstill on PROD1PC66 with NOTICES