6214 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

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 12, 

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 12 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Robert W. 

Brown, David D. Bungori, Jr., Benny J. 

Burke, David R. Cox, Gary T. Hicks, 

Robert T. Hill, John C. McLaughlin, 

Kenneth D. Sisk, David W. Skillman, 

Rick N. Ulrich, Stephen D. Vice and 

Larry D. Wedekind. 

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: January 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2432 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1999–5578; FMCSA– 

1999–5748; FMCSA–1999–6480; FMCSA– 

2000–7165; FMCSA–2001–11426; FMCSA 

2002–11714; FMCSA–2002–12294; FMCSA– 

2003–14223; FMCSA–2004–17195; FMCSA– 

2004–17984; FMCSA–2005–21254; FMCSA– 

2005–22194; FMCSA–2005–23238; FMCSA– 

2006–24015; FMCSA–2006–24783] 

Qualification of Drivers; Exemption 

Renewals; Vision; Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

Correction. 

SUMMARY: On September 9, 2008 (73 FR 

52451), October 17, 2008 (73 FR 61927), 

and October 31, 2008 (73 FR 65009), the 

Federal Motor Carrier Safety 

Administration (FMCSA) published four 

notices of final disposition in the 

Federal Register with an inadvertent 

error in each. Those notices stated that 

the Agency did not receive comments in 

the proceedings. This document corrects 

that error, because it was brought to the 

Agency’s attention that comments had 

been submitted. This correction does 

not affect the Agency’s previous 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for the 

individuals specifically identified in the 

September 9, 2008, October 17, 2008 

and October 31, 2008 final disposition 

notices. 

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: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov, by accessing the 

docket numbers in the heading of this 

notice. 

Background 

FMCSA announced in the September 

9, 2008, October 17, 2008 and October 

31, 2008 notices that no comments were 

received in the proceedings. This was in 

error. The notices should read that 

comments were received. The 

Advocates for Highway and Auto Safety 

filed the same comment in all four 

proceedings. 

Corrections 

1. In notice FR Doc. E8–20890 

beginning on page 52451, second 

column, under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Tuesday, 

September 9, 2008: 

2. In notice FR Doc. E8–224695 

beginning on page 61927, second 

column, under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Friday, 

October 17, 2008: 

3. In notice FR Doc. E8–224698 

beginning on page 61927, third column, 

under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Friday, 

October 17, 2008: 

4. In notice FR Doc. E8–26059 

beginning on page 65010, first column, 

under the separate headings of 

Discussion of Comments and 

Conclusion, in the issue of Friday, 

October 31, 2008, change to read as 

follows: 

Discussion of Comments 

FMCSA received one comment in this 

proceeding. The comment was 

considered and discussed below. 

Advocates for Highway and Auto 

Safety (Advocates) expressed opposition 

to FMCSA’s policy to grant exemptions 

from the FMCSR, including the driver 

qualification standards. Specifically, 

Advocates: (1) Objects to the manner in 

which FMCSA presents driver 

information to the public and makes 

safety determinations; (2) objects to the 

Agency’s reliance on conclusions drawn 

from the vision waiver program; (3) 

claims the Agency has misinterpreted 

statutory language on the granting of 

exemptions (49 U.S.C. 31136(e) and 

31315); and finally (4) suggests that a 

1999 Supreme Court decision affects the 

legal validity of vision exemptions. 

The issues raised by Advocates were 

addressed at length in 64 FR 51568 

(September 23, 1999), 64 FR 66962 

(November 30, 1999), 64 FR 69586 

(December 13, 1999), 65 FR 159 (January 

3, 2000), 65 FR 57230 (September 21, 

2000), and 66 FR 13825 (March 7, 2001). 

We will not address these points again, 

but refer interested parties to those 

earlier discussions. 

Conclusion 

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 

announcements 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. The Agency has not received 

any adverse evidence on any of these 

drivers that indicates that safety is being 

compromised. Based upon evaluation of 

the renewal applicants, FMCSA stands 

by its decision to renew the exemptions 

from the Federal Motor Carrier Safety 

regulations for the 39 individuals 

specified in the September 9, 2008 final 

disposition notice, the 34 individuals 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6215 

and the 16 individuals specified in the 

two October 17, 2008 final disposition 

notices and the 13 individuals specified 

in October 31, 2008 final disposition 

notice. 

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: January 29, 2009 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2437 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2009–0019 (Notice No. 

09–1)] 

Information Collection Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

PHMSA invites comments on certain 

information collections pertaining to 

hazardous materials transportation for 

which PHMSA intends to request 

renewal from the Office of Management 

and Budget (OMB). 

DATE: Interested persons are invited to 

submit comments on or before April 6, 

2009. 

ADDRESSES: You may submit comments 

identified by the docket number 

(PHMSA–2009–0019) by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulation Identification 

Number (RIN) for this notice. Internet 

users may access comments received by 

DOT at: http://www.regulations.gov. 

Note that comments received will be 

posted without change to: http:// 

www.regulations.gov including any 

personal information provided. 

Requests for a copy of an information 

collection should be directed to Deborah 

Boothe or T. Glenn Foster, Office of 

Hazardous Materials Standards (PHH– 

11), Pipeline and Hazardous Materials 

Safety Administration, 1200 New Jersey 

Avenue, SE., East Building, 2nd Floor, 

Washington, DC 20590–0001, 

Telephone (202) 366–8553. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Boothe or T. Glenn Foster, 

Office of Hazardous Materials Standards 

(PHH–11), Pipeline and Hazardous 

Materials Safety Administration, 1200 

New Jersey Avenue, SE., East Building, 

2nd Floor, Washington, DC 20590–0001, 

Telephone (202) 366–8553. 

SUPPLEMENTARY INFORMATION: Section 

1320.8(d), Title 5, Code of Federal 

Regulations requires PHMSA to provide 

interested members of the public and 

affected agencies an opportunity to 

comment on information collection and 

recordkeeping requests. This notice 

identifies information collection 

requests that PHMSA will be submitting 

to OMB for renewal and extension. 

These information collections are 

contained in 49 CFR 171.6 of the 

Hazardous Materials Regulations (HMR; 

49 CFR Parts 171–180). PHMSA has 

revised burden estimates, where 

appropriate, to reflect current reporting 

levels or adjustments based on changes 

in proposed or final rules published 

since the information collections were 

last approved. The following 

information is provided for each 

information collection: (1) Title of the 

information collection, including former 

title if a change is being made; (2) OMB 

control number; (3) summary of the 

information collection activity; (4) 

description of affected public; (5) 

estimate of total annual reporting and 

recordkeeping burden; and (6) 

frequency of collection. PHMSA will 

request a three-year term of approval for 

each information collection activity and, 

when approved by OMB, publish notice 

of the approval in the Federal Register. 

PHMSA requests comments on the 

following information collections: 

Title: Rulemaking, Special Permits, 

and Preemption Requirements. 

OMB Control Number: 2137–0051. 

Summary: This collection of 

information applies to rulemaking 

procedures regarding the HMR. Specific 

areas covered in this information 

collection include Part 105, Subpart A 

and Subpart B, ‘‘Hazardous Materials 

Program Definitions and General 

Procedures’’; Part 106, Subpart B, 

‘‘Participating in the Rulemaking 

Process’’; Part 107, Subpart B, ‘‘Special 

Permits’’; and Part 107, Subpart C, 

‘‘Preemption.’’ The Federal hazardous 

materials transportation law directs the 

Secretary of Transportation to prescribe 

regulations for the safe transportation of 

hazardous materials in commerce. We 

are authorized to accept petitions for 

rulemaking and appeals, as well as 

applications for exemptions, 

preemption determinations and waivers 

of preemption. The types of information 

collected include: 

(1) Petitions for Rulemaking: Any 

person may petition the Office of 

Hazardous Materials Standards to add, 

amend, or delete a regulation in Parts 

110, 130, 171 through 180, or may 

petition the Office of the Chief Counsel 

to add, amend, or delete a regulation in 

Parts 105, 106 or 107. 

(2) Appeals: Except as provided in 

§ 106.40(e), any person may submit an 

appeal to our actions in accordance with 

the Appeals procedures found in 

§§ 106.110 through 106.130. 

(3) Application for Special Permit: 

Any person applying for a special 

permit must include the citation of the 

specific regulation from which the 

applicant seeks relief; specification of 

the proposed mode or modes of 

transportation; detailed description of 

the proposed special permit (e.g., 

alternative packaging, test, procedure or 

activity), including as appropriate, 

written descriptions, drawings, flow 

charts, plans and other supporting 

documents, etc. 

(4) Application for Preemption 

Determination: With the exception of 

highway routing matters covered under 

49 U.S.C. 5125(c), any person directly 

affected by any requirement of a State, 

political subdivision, or Indian tribe 

may apply to the Chief Counsel for a 

determination whether that requirement 

is preempted by § 107.202(a), (b) or (c). 

The application must include the text of 

the State or political subdivision or 

Indian tribe requirement for which the 

determination is sought; specify each 

requirement of the Federal hazardous 

materials transportation law, regulations 

issued under the Federal hazardous 

material transportation law, or 

hazardous material transportation 


rwilkins on PROD1PC63 with NOTICES