Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 49069 

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. 

BNSF Railway and Norfolk Southern 

Railway (Docket Number FRA–2009– 

0088) 

The BNSF Railway (BNSF) and 

Norfolk Southern Railway (NS), two 

Class 1 Railroads, petitioned FRA for a 

waiver of compliance from certain 

provisions prescribed by CFR § 232.607 

Inspection and testing requirements [73 

FR 61554, October 16, 2008]. 

The requirement specifically limits 

movement of Electronically Controlled 

Pneumatic (ECP) brake trains to 3,500 

miles between Class 1 initial terminal 

brake inspections. BNSF and NS request 

relief to allow for the implementation of 

ECP trains on a joint pilot project from 

Plant Scherer, located near Macon, 

Georgia, to the Powder River Basin and 

return to origin. However, this move 

exceeds the 3,500 mile limit granted 

under CFR § 232.607. The joint BNSF/ 

NS move from Plant Scherer to Thunder 

Junction, Wyoming, and return to 

Macon, is a loop ranging from 4200 to 

4710 miles. 

The five proposed routes are (one 

way): 

• Route 1: Thunder Jct.—Alliance— 

Kansas City—Memphis—Chattanooga— 

Scherer = 2100 miles. 

• Route 2: Thunder Jct.—Alliance— 

Kansas City—St. Louis—Chattanooga— 

Scherer = 2150 miles. 

• Route 3: Thunder Jct.—Denver— 

Amarillo—Springfield—Memphis— 

Chattanooga—Scherer = 2238 miles. 

• Route 4: Thunder Jct.—Denver— 

Kansas City—Springfield—Memphis— 

Chattanooga—Scherer = 2115 miles. 

• Route 5: Thunder Jct.—Denver— 

Amarillo—Springfield—Memphis— 

Birmingham—Chattanooga—Scherer = 

2355 miles. 

All required inspections and brake 

tests, as outlined in CFR Part 232, 

subpart G, will be performed at Plant 

Scherer by Qualified Maintenance 

Personnel. The petitioners state in their 

request the extended distance traveled 

by these select trains will not have an 

adverse effect on safety. They also state 

that over the past 21 months, ECP trains 

have been operating at a greater level of 

safety than conventional trains. 

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–2009– 

0088) 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 

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). 

Issued in Washington, DC on September 

21, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–23201 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2001–9561; FMCSA– 

2003–15268; FMCSA–2005–21254; FMCSA– 

2005–21711; FMCSA–2006–26066; FMCSA– 

2007–26653; FMCSA–2007–27897; FMCSA– 

2007–28695] 

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 26 

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 October 

24, 2009. Comments must be received 

on or before October 26, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2001–9561; FMCSA–2003–15268; 

FMCSA–2005–21254; FMCSA–2005– 

21711; FMCSA–2006–26066; FMCSA– 

2007–26653; FMCSA–2007–27897; 

FMCSA–2007–28695, 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
49070 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

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 26 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

26 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Calvin D. Atwood, Gregory W. 

Babington, George L. Cannon, William 

P. Doolittle, Steven C. Durst, Kenneth J. 

Fisk, Jonathan M. Gentry, Danny R. 

Gray, Benny D. Hatton, Jr., Robert W. 

Healey, Jr., Nathaniel H. Herbert, Jr., 

Jason E. Mallette, Thomas W. Markham, 

Raul Martinez, Joseph L. Mast, Kevin L. 

Moody, Terry W. Moore, Charles W. 

Mullenix, Robert M. Pickett, II, Donald 

F. Plouf, John N. Poland, Brent L. Seaux, 

Humberto A. Valles, Gary M. Wolff, 

John C. Young, George R. Zenor. 

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 26 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (66 FR 30502; 66 FR 

41654; 68 FR 44837; 70 FR 41811; 72 FR 

64273; 68 FR 37197; 68 FR 48989; 70 FR 

42615; 72 FR 40360; 70 FR 30999; 70 FR 

46567; 72 FR 40359; 70 FR 48797; 70 FR 

61493; 72 FR 64273; 71 FR 63379; 72 FR 

1050; 72 FR 8417; 72 FR 36099; 72 FR 

39879; 72 FR 52419; 72 FR 46261; 72 FR 

54972). Each of these 26 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 

concerning the safety records of these 

drivers submit comments by October 26, 

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 26 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 49071 

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 September 17, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–23198 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Bureau of the Public Debt 

Proposed Collection: Comment 

Request 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A). Currently the Bureau of 

the Public Debt within the Department 

of the Treasury is soliciting comments 

concerning the Application By 

Survivors for Payment of Bond or Check 

Issued Under the Armed Forces Leave 

Act of 1946, as amended. 

DATES: Written comments should be 

received on or before November 16, 

2009, to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Bureau of the Public Debt, Judi 

Owens, 200 Third Street, A4–A, 

Parkersburg, WV 26106–1328, or 

judi.owens@bpd.treas.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Judi Owens, 

Bureau of the Public Debt, 200 Third 

Street, A4–A, Parkersburg, WV 26106– 

1328, (304) 480–8150. 

SUPPLEMENTARY INFORMATION: 

Title: Application By Survivor For 

Payment of Bond or Check Issued Under 

The Armed Forces Leave Act of 1946, 

As Amended. 

OMB Number: 1535–0104. 

Form Number: PD F 2066. 

Abstract: The information is 

requested to support payment of bonds 

or checks issued under the Armed 

Forces Leave Act of 1946, as amended. 

Current Actions: None. 

Type of Review: Extension. 

Affected Public: Individuals. 

Estimated Number of Respondents: 

150. 

Estimated Time Per Respondent: 30 

minutes. 

Estimated Total Annual Burden 

Hours: 75. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: September 15, 2009. 

Judi Owens, 

Manager, Information Management. 

[FR Doc. E9–22632 Filed 9–24–09; 8:45 am] 

BILLING CODE 4810–39–P 

DEPARTMENT OF THE TREASURY 

Bureau of the Public Debt 

Proposed Collection: Comment 

Request 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently the Bureau of 

the Public Debt within the Department 

of the Treasury is soliciting comments 

concerning the Request to reissue U.S. 

Savings Bonds to a personal trust. 

DATES: Written comments should be 

received on or before November 16, 

2009, to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Bureau of the Public Debt, Judi 

Owens, 200 Third Street, A4–A, 

Parkersburg, WV 26106–1328, or 

Judi.Owens@bpd.treas.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Judi Owens, 

Bureau of the Public Debt, 200 Third 

Street, A4–A, Parkersburg, WV 26106– 

1328, (304) 480–8150. 

SUPPLEMENTARY INFORMATION: 

Title: Request To Reissue United 

States Savings Bonds To a Personal 

Trust. 

OMB Number: 1535–0009. 

Form Number: PD F 1851. 

Abstract: The information is 

requested to support a request for 

reissue of savings bonds in the name of 

the trustee of a personal trust estate. 

Current Actions: None. 

Type of Review: Extension. 

Affected Public: Individuals. 

Estimated Number of Respondents: 

59,000. 

Estimated Time per Respondent: 15 

minutes. 

Estimated Total Annual Burden 

Hours: 12,500. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: September 15, 2009. 

Judi Owens, 

Manager, Information Management. 

[FR Doc. E9–22627 Filed 9–24–09; 8:45 am] 

BILLING CODE 4810–39–P 


jlentini on DSKJ8SOYB1PROD with NOTICES