41970 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

submitting verified statements of 

witnesses containing detailed evidence 

should file comments. Parties seeking 

information concerning the filing of 

protests should refer to 49 CFR 1152.25. 

All filings in response to this notice 

must refer to STB Docket No. AB–1035 

and must be sent to: (1) Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001; and (2) 

Thomas F. McFarland, Thomas F. 

McFarland, P.C., 208 South LaSalle 

Street, Suite 1890, Chicago, IL 60604– 

1112. Filings may be submitted either 

via the Board’s e-filing format or in the 

traditional paper format. Any persons 

using e-filing should attach a document 

and otherwise comply with the 

instructions found on the Board’s 

http://www.stb.dot.gov Web site, at the 

‘‘E–FILING’’ link. Any person 

submitting a filing in the traditional 

paper format should send the original 

and 10 copies of the filing to the Board 

with a certificate of service. Except as 

otherwise set forth in 49 CFR 1152, 

every document filed with the Board 

must be served on all parties to this 

adverse discontinuance proceeding. See 

49 CFR 1104.12(a). 

Persons seeking further information 

concerning abandonment/ 

discontinuance procedures may contact 

the Board’s Office of Public Assistance, 

Governmental Affairs and Compliance 

at (202) 245–0230 or refer to the full 

abandonment/discontinuance 

regulations at 49 CFR 1152. [Assistance 

for the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

The Board’s June 15 decision waived 

compliance with its environmental and 

historic review regulations because the 

Board found that it was unlikely that the 

discontinuance would result in any 

environmental impacts or salvage. 

Accordingly, no environmental or 

historic assessment will be prepared in 

this proceeding. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 13, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–19827 Filed 8–18–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0106] 

Petition for Declaratory Order by 

Fullington Trailways, LLC 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of Petition for 

Declaratory Order; extension of 

comment period. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) extends 

the reply comment period for a Petition 

for Declaratory Order that was 

published on June 4, 2009, until 

September 14, 2009. 

DATES: Reply comments are due on or 

before September 14, 2009. 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 Docket Number in 

the heading of this document by any of 

the following methods. Do not submit 

the same comments by more than one 

method. However, to allow effective 

public participation before the comment 

period deadline, 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. 

• 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 regulatory 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. 

Docket: Comments and material 

received from the public, as well as 

background information and documents 

mentioned in this preamble, are part of 

docket FMCSA–2009–0191, and are 

available for inspection and copying on 

the Internet at http:// 

www.regulations.gov. You may also 

view and copy documents at the U.S. 

Department of Transportation’s Docket 

Operations Unit, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC. 

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 the 

docket: FMCSA–2009–0106. 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 comment closing date 

indicated above will be considered and 

will be available for examination in the 

docket at the above address. Initial 

comments received after the initial 

comment closing date will not be 

considered. 

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: On June 4, 

2009 (74 FR 26917), FMCSA published 

a petition submitted by Fullington 

Trailways, LLC (Fullington) for a 

declaratory order requesting that 

FMCSA find that certain regularly 

scheduled passenger bus service 

provided by Fullington is in interstate 

commerce and not subject to the 

jurisdiction of the Pennsylvania Public 

Utilities Commission. We provided the 

public with a 60-day period for initial 

comments that expired on August 3, 

2009, and a 30-day period for reply 

comments that expires on September 2, 

2009. At least one timely filed 

submission during the initial comment 

period was not immediately available in 

the docket. To provide the public 

adequate time to respond to all timely 

filed initial comments, FMCSA extends 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41971 

the reply comment period until 

September 14, 2009. 

Issued on: August 12, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–19888 Filed 8–18–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

2000–7165; FMCSA–2002–13411; FMCSA– 

2005–20560; FMCSA–2006–25246; FMCSA– 

2007–27897] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

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 44 

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 

September 13, 2009. Comments must be 

received on or before September 18, 

2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

1998–4334; FMCSA–2000–7165; 

FMCSA–2002–13411; FMCSA–2005– 

20560; FMCSA–2006–25246; FMCSA– 

2007–27897, 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://www.regulations.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 44 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

44 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Eddie Alejandro, John W. Black, III, 

John A. Bridges, Eddie M. Brown, 

Edward G. Brown, Edwin L. Bupp, 

Charles E. Castle, Joel C. Conrad, Duane 

C. Conway, Brian W. Curtis, Roger D. 

Davidson, Sr., Richard A. Davis, Sr., 

Robin C. Duckett, Marco A. Esquivel, 

Tomie L. Estes, Raymond L. Herman, 

Jesse R. Hillhouse, Jr., Billy R. Holdman, 

Ray C. Johnson, Terry R. Jones, Randall 

H. Keil, James A. Kneece, Paul G. 

Mathes, John T. McWilliams, Robert A. 

Miller, Stuart T. Miller, James T. 

Mitchell, Andrew M. Nurnbrg, Kenneth 

R. Pedersen, Joshua R. Perkins, Ronald 

F. Prezzia, Eligio M. Ramirez, Victor C. 

Richert, Garry L. Rogers, Craig R. Saari, 

Jerry L. Schroder, Gerald J. Shamla, 

Timothy L. Shorey, William C. Smith, 

Larry D. Steiner, Robert S. Swaen, 

Anthony T. Truiolo, Gregory A. VanLue, 

Kevin W. Wunderlin. 

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. 


jlentini on DSKJ8SOYB1PROD with NOTICES