6692 Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices 

Dr. Mary D. Gunnels, Director, 

Medical Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 400 

Seventh Street, SW., Room 8301, 

Washington, DC 20590–0001. Office 

hours are from 8:30 a.m. to 5 p.m., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

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 January 15, 

2009. 

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 13 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Johnny 

Becerra, Ross E. Burroughs, Lester W. 

Carter, Christopher L. DePuy, John B. 

Ethridge, Larry J. Folkerts, Paul W. 

Hunter, Ray P. Lenz, Michael B. 

McClure, Francis M. McMullin, Norman 

Mullins, Harold W. Mumford and David 

J. Triplett. 

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: February 3, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2757 Filed 2–9–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–02–12844; FMCSA–04– 

19477; FMCSA–06–26066] 

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 13 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

reviewed the comments submitted in 

response to the previous announcement 

and concluded that granting these 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Mary D. Gunnels, Director, 

Medical Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 400 

Seventh Street, SW., Room 8301, 

Washington, DC 20590–0001. Office 

hours are from 8:30 a.m. to 5 p.m., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

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 January 15, 

2009. 

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 13 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Howard 

F. Breitkreutz, John E. Evenson, Steven 

C. Humke, Neil W. Jennings, Craig M. 

Landry, Joe L. Meredith, Jr., Richard W. 

Nordhausen, Jr., Tony E. Parks, Andrew 

H. Rusk, Jesse J. Sutton, Kenneth E. 

Vigue, Jr., David G. Williams, and 

Richard A. Winslow. 

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: February 3, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2758 Filed 2–9–09; 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) 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. 

Union Pacific Railroad Company 

[Docket Number FRA–2008–0166] 

The Union Pacific Railroad Company 

(UP) seeks a waiver of compliance from 

certain provisions of 49 CFR Part 218, 

Railroad Operating Practices. 

Specifically, UP is requesting a waiver 

of Blue Signal Requirements as 

prescribed in 49 CFR 218.25 Workers on 

a main track, in Kansas City, KS, and 

Kansas City, MO. These tracks are in the 

middle of the Kansas City facilities and 

are used for functions normally 

performed on yard tracks. Trains 

passing through the Kansas City 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices 6693 

Terminal stop for fuel, locomotive 

inspection, or adding or removing 

power from the train. To perform this 

work on the main track, UP must 

provide blue signal protection under 49 

CFR 218.25. This request is for the 

following track locations: 

• Main 1 and Main 2 between 

Manchester and Troost (MX279– 

MX281). 

• Main 1 and Main 2 at 18th St. 

between KX004 and KX006. 

• Mainline at 10th St. (KX287– 

KX289). 

UP is requesting flexibility to treat 

these main tracks at the Kansas City 

facilities as tracks other than main 

tracks so they can have the option of 

protecting its employees working on, 

under, or between rolling equipment in 

accordance with § 218.25 Workers on a 

main track, or § 218.27 Workers on track 

other than main track, or a combination 

of both. UP believes that the safest and 

most efficient method of protecting its 

employees in the Kansas City facilities 

is through the use of a combination of 

blue signal protection and remotely 

controlled switches. UP believes that 

this request is similar to a waiver 

originally granted to the SP at El Paso, 

TX, and renewed to UP under Docket 

Number FRA–2000–7669. UP states they 

have operated under the requirements of 

that waiver without any adverse effect 

on safety of operations and would like 

to have the same conditions for this 

request. 

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–2008– 

0166) 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 January 30, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–2382 Filed 2–9–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[USCG–2007–28535] 

Atlantic Sea Island Group LLC, Safe 

Harbor Energy Liquefied Natural Gas 

Deepwater Port License Application; 

Preparation of Environmental Impact 

Statement 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice of extending the scoping 

comment period to March 11, 2009 and 

corrected project location information. 

SUMMARY: By Federal Register notice of 

January 9, 2009 (74 FR 982–984) the 

Maritime Administration and the Coast 

Guard announced the intent to prepare 

an environmental impact statement 

(EIS) for the Atlantic Sea Island Group 

LLC, Safe Harbor Energy liquefied 

natural gas deepwater port license 

application located in Federal Waters 

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 project location 

was incorrectly noted in the referenced 

Federal Register notice. The correct 

proposed location is in the area between 

the Ambrose-to-Nantucket and Hudson 

Canyon-to-Ambrose shipping lanes, 

located at approximately 40°23′ N and 

73°36′ W, in water depth of between 60 

and 70 feet covering an 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 began a 30 

day scoping process and requested 

public participation to assist in the 

identification and determination of the 

environmental issues to be addressed in 

the EIS with a deadline for submitting 

comments of February 9, 2009. 

In addition to receiving comments at 

the public scoping meetings on January 

27, 2009 and January 29, 2009, 

instructions were provided for 

submitting comments to the Department 

of Transportation (DOT) Docket 

Management Facility and to the Federal 

Docket Management System (FDMS). 

The Coast Guard and Maritime 

Administration have received several 

requests to extend the scoping comment 

period; therefore, upon further 

consideration the scoping comment 

period is extended to March 11, 2009. 

DATES: Comments or related material 

must be received by March 11, 2009. 

ADDRESSES: 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, 


erowe on PROD1PC63 with NOTICES