Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 42951 

(53) Kendall S. George, July 13, 2007, 

U.S. District Court, Western District 

of Washington, Case # CR06– 

0205RSM. 

As noted above, at the end of the threeyear period following the date of 

conviction, the above named persons/ 

entities remain debarred unless export 

privileges are reinstated. 

Debarred persons are generally 

ineligible to participate in activity 

regulated under the ITAR (see, e.g., 

sections 120.1(c) and (d), and 127.11(a)). 

Also, under Section 127.1(c) of the 

ITAR, any person who has knowledge 

that another person is subject to 

debarment or is otherwise ineligible 

may not, without disclosure to and 

written approval from the Directorate of 

Defense Trade Controls, participate, 

directly or indirectly, in any export in 

which such ineligible person may 

benefit therefrom or have a direct or 

indirect interest therein. 

This notice is provided for purposes 

of making the public aware that the 

persons listed above are prohibited from 

participating directly or indirectly in 

activities regulated by the ITAR, 

including any brokering activities and 

in any export from or temporary import 

into the United States of defense 

articles, related technical data, or 

defense services in all situations 

covered by the ITAR. Specific case 

information may be obtained from the 

Office of the Clerk for the U.S. District 

Courts mentioned above and by citing 

the court case number where provided. 

Dated: August 17, 2009. 

Andrew J. Shapiro, 

Assistant Secretary, Bureau of PoliticalMilitary Affairs, Department of State. 

[FR Doc. E9–20443 Filed 8–24–09; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0183] 

Agency Information Collection 

Activities; Extension of a CurrentlyApproved Information Collection 

Request: Training Certification for 

Entry-Level Commercial Motor Vehicle 

(CMV) Operators 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit to 

the Office of Management and Budget 

(OMB) for approval its request to extend 

a currently-approved information 

collection request (ICR) entitled, 

‘‘Training Certification for Entry-level 

CMV Operators,’’ that relates to the 

training requirements for drivers 

applying for a commercial driver’s 

license (CDL). There is no change from 

the burden estimate approved by OMB 

for this ICR on March 11, 2008. On May 

28, 2009, FMCSA published a Federal 

Register notice (74 FR 25607) allowing 

for a 60-day comment period on the 

extension of this ICR. The Agency did 

not receive any comments in response 

to this notice. 

DATES: Please send your comments by 

September 24, 2009. 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–2009–0183. 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/Office of the Secretary, 

and sent via electronic mail to 

oira_submission@omb.eop.gov, 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, FMCSA, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Telephone: (202) 366–4325. Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Training Certification for EntryLevel Commercial Motor Vehicle 

Operators. 

OMB Control Number: 2126–0028. 

Type of Request: Extension of a 

currently-approved information 

collection request. 

Respondents: Entry-level CMV 

drivers. 

Estimated Number of Respondents: 

45,611. 

Estimated Time per Response: 10 

minutes. 

Expiration Date: September 30, 2009. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

7,602 hours. FMCSA estimates that an 

entry-level driver requires 

approximately 10 minutes to complete 

the tasks necessary to comply with the 

regulation. Those tasks are: 

photocopying the training certificate, 

giving the photocopy to the motor 

carrier employer, and placing the 

original of the certificate in a personal 

file. Therefore, the annual burden for all 

entry-level drivers of CMVs is 7,602 

hours [45,611 respondents × 10 

minutes/60 minutes to complete a 

response = 7,601.8 hours (rounded to 

7,602 hours)]. 

Definitions: ‘‘Commercial Motor 

Vehicle (CMV)’’: A motor vehicle 

operated in commerce and having a 

gross vehicle weight rating of 26,001 

pounds or more, regardless of actual 

weight, or designed to transport 16 or 

more passengers, or used to transport 

placardable and dangerous hazardous 

materials (49 CFR 383.5). The term 

‘‘CMV’’ is limited to this definition in 

this document; the term ‘‘CDL driver’’ is 

used because the operators of these 

CMVs are required to have a valid 

commercial driver’s license (CDL). This 

rule currently applies solely to ‘‘entrylevel’’ CDL drivers, i.e. those who have 

less than 1 year of experience operating 

a CMV in interstate commerce (49 CFR 

380.502(b)). 

Background: 

The Motor Carrier Act of 1935 

provides that ‘‘The Secretary of 

Transportation may prescribe 

requirements for (1) qualifications and 

maximum hours of service of employees 

of, and safety of operation and 

equipment of, a motor carrier; and (2) 

qualification and maximum hours of 

service of employees of, and standards 

of equipment of, a motor private carrier, 

when needed to promote safety of 

operation’’ [49 U.S.C. 3502(b)]. This Act 

is applicable to interstate commerce and 

not intrastate commerce. The 

Commercial Motor Vehicle Safety Act of 

1986 (CMVSA) created the CDL program 

and defined ‘‘commerce’’ in such as way 

as to include interstate and intrastate 

operations (49 U.S.C. 31302(2),(4)]. 

Section 4007(a)(2) of the Intermodal 

Surface Transportation Efficiency Act of 

1991 (ISTEA) (Pub. L. 102–240, 

December 18, 1991) directed the FHWA 

to ‘‘commence a rulemaking proceeding 

on the need to require training of all 

entry-level drivers of CMVs.’’ The 

Congress did not explicitly provide that 

ISTEA extended to operations in 

intrastate commerce. In view of the 

nature of the concurrent authority 

created by the CMVSA and the Motor 

Carrier Act of 1935, and the absence of 

direction from the Congress in ISTEA, 

FMCSA has decided that entry-level 

training requirements should be 

confined to those drivers applying for a 

CDL who intend to operate CMVs in 

interstate commerce. 


pwalker on DSK8KYBLC1PROD with NOTICES
42952 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices 

The text of the 60-day notice of the 

proposed extension of this ICB, 

published on May 28, 2009 (74 FR 

25607), failed to cite the Motor Carrier 

Act of 1935, upon which this ICR is 

primarily based. Today’s authority for 

this driver training activity is cited 

correctly and as it should have been 

cited in that notice. There has been no 

change in the statutory authority for this 

training since publication of the 60-day 

notice. For a more details of the 

Agency’s analysis, see the section titled, 

‘‘Legal Basis for the Rulemaking,’’ on 

the first page of the Notice of Proposed 

Rulemaking titled, ‘‘Minimum Training 

Requirements for Entry-Level CMV 

Operators’’ (72 FR 73226, December 26, 

2007). 

On May 21, 2004, by final rule, 

FMCSA mandated training for all 

interstate CDL operators in four subject 

areas, effective July 20, 2004 (69 FR 

29384). In 2005, the final rule was 

challenged in the U.S. Court of Appeals 

for the D.C. Circuit. While the court 

ordered a remand so the Agency could 

review the matter, the court did not 

vacate the rule. Consequently, the 2004 

final rule is currently in effect 

(Advocates for Highway and Auto 

Safety v. Federal Motor Carrier Safety 

Administration, 429 F. 3d 1136 (D.C.Cir. 

2005). 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection request, 

including: (1) Whether the proposed 

collection is necessary for the FMCSA’s 

performance of functions; (2) the 

accuracy of the estimated burden; (3) 

ways for the 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. 

Issued on: August 18, 2009. 

David Anewalt, 

Acting Associate Administrator for Research 

and Information Technology. 

[FR Doc. E9–20391 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2009–0253; Notice No. 

09–4] 

Notice of Approval: Lithium Battery 

Shipping Descriptions 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA). 

ACTION: Notice of approval. 

SUMMARY: PHMSA is authorizing 

persons who offer lithium metal and 

lithium ion cells and batteries for 

transportation in commerce, and 

persons who transport lithium metal 

and lithium ion cells and batteries in 

commerce, to describe those articles in 

the same manner as recently adopted in 

international regulations. PHMSA will 

consider adopting these alternate 

shipping descriptions into the 

Hazardous Materials Regulations at a 

future date. 

DATES: Effective Date: This notice of 

approval is effective August 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Office of Hazardous 

Materials Special Permits and 

Approvals, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, East 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001, telephone 

(202) 366–4535. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The § 172.101 Hazardous Materials 

Table (HMT) in the Hazardous Material 

Regulations (HMR; 49 CFR Parts 171– 

180) contains the following entries for 

lithium batteries, which apply to both 

lithium metal (primary; nonrechargeable) and lithium ion 

(secondary; rechargeable) batteries: 

Lithium battery ............................................................................................................................. 9 UN3090 PG II 

Lithium batteries contained in equipment .................................................................................... 9 UN3091 PG II 

Lithium batteries packed with equipment .................................................................................... 9 UN3091 PG II 

In 2006, the United Nations 

Committee of Experts on the Transport 

of Dangerous Goods adopted separate 

entries for lithium metal and lithium 

ion batteries (see chart below) into the 

dangerous goods list in the Fifteenth 

revised edition of the UN 

Recommendations on the Transport of 

Dangerous Goods, in order to 

distinguish lithium metal from lithium 

ion batteries. The International Civil 

Aviation Organization (ICAO) and the 

International Maritime Organization 

subsequently adopted these entries into 

their respective dangerous goods lists. 

We did not adopt these new shipping 

descriptions for lithium batteries in a 

final rule published January 14, 2009 

under Dockets HM–224D and HM–215J 

(74 FR 2200) harmonizing the HMR 

with recent changes to international 

regulations because we had not 

proposed these changes in the notice of 

proposed rulemaking (NPRM) (73 FR 

44803; July 31, 2008). In response to 

comments to the NPRM that urged 

PHMSA to adopt the separate entries for 

lithium metal and lithium ion batteries, 

we noted that the HMR permit 

compliance with the ICAO Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (Technical 

Instructions). Thus, the separate 

shipping descriptions for lithium metal 

and lithium ion batteries may be used 

for air transportation, both domestically 

and internationally, and for 

transportation by motor vehicle and rail 

immediately before or after being 

transported by aircraft. [74 FR 2207] We 

also stated we planned to complete an 

assessment of the costs and benefits of 

further restrictions and available 

alternatives before developing 

additional lithium battery rulemaking 

proposals and therefore, PHMSA did 

not adopt changes to the lithium battery 

requirements including the separate 

shipping descriptions. [74 FR 2207] 

Since that time, we have concluded 

that assigning the same shipping 

descriptions to both lithium metal and 

lithium ion batteries, which are 

regulated differently based on 

differences in chemistry, functionality, 

and behavior when exposed to a fire, 

causes significant problems in 

acceptance procedures for carriers and 

may unnecessarily hinder or delay the 

transportation of these products. While 

the HMR permit the use of the ICAO 

Technical Instructions as well as the 

International Maritime Dangerous 

Goods Code (IMDG Code) for domestic 

transportation when a portion of the 

transportation is by aircraft or vessel, 

subsequent domestic transportation of 

packages containing lithium batteries 

remains difficult. 

PHMSA is currently working on a 

rulemaking intended to enhance the safe 

transportation of lithium batteries. As 

part of this rulemaking, we are 

considering adoption of the 

international shipping descriptions for 

lithium metal and lithium ion batteries. 

To facilitate commerce, however, 

PHMSA believes shippers should be 


pwalker on DSK8KYBLC1PROD with NOTICES