2922 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Notices 

the public an opportunity to inspect the 

information relevant to the application, 

including the conducting of any safety 

analyses. The Agency must also provide 

an opportunity for public comment on 

the application. 

The Agency reviews the safety 

analyses and the public comments, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for 

denying or, in the alternative, the 

specific person or class of persons 

receiving the exemption, and the 

regulatory provision or provisions from 

which exemption is granted. The notice 

must also specify the effective period of 

the exemption (up to 2 years), and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

Request for Exemption 

Volvo has applied for an exemption 

from the commercial driver’s license 

(CDL) rules, specifically 49 CFR 383.23 

that prescribes licensing requirements 

for drivers operating commercial motor 

vehicles (CMVs) in interstate or 

intrastate commerce. Volvo requests the 

exemption because its driver-employees 

are citizens and residents of Sweden, 

and therefore cannot apply for a CDL in 

any of the United States. A copy of the 

application is in Docket No. FMCSA– 

2006–25756. 

The exemption would allow two 

drivers to operate CMVs in interstate 

commerce as part of a team of drivers 

who will support a Volvo field test to 

meet future air quality standards. The 

drivers will test-drive Volvo prototype 

vehicles at its test site and in the 

vicinity around Phoenix, Arizona, verify 

results in ‘‘real world’’ environments, 

and, if necessary, deliver the vehicles in 

the U.S. The drivers are: Magnus 

Ericsson and Conny Harlin, and Volvo 

requests that the exemption cover a twoyear period beginning February 1, 2010. 

These drivers each hold a valid 

Swedish CDL, and as explained by 

Volvo in previous exemption requests, 

drivers applying for a Swedish-issued 

CDL must undergo a training program 

and pass knowledge and skills tests. 

Volvo also stated in prior exemption 

requests that the knowledge and skills 

tests and training program that Swedish 

drivers undergo to obtain a Swedish 

CDL ensure the exemption provides a 

level of safety that is equivalent to, or 

greater than, the level of safety obtained 

by complying with the U.S. requirement 

for a CDL. 

FMCSA has previously determined 

the process for obtaining a Swedishissued CDL is comparable to, or as 

effective as the Federal requirements of 

Part 383, and adequately assesses the 

driver’s ability to operate CMVs in the 

U.S. In the past 2 years, FMCSA has 

published several notices of similar 

Volvo requests. An FMCSA notice of 

final disposition of a similar request 

from Volvo was published on January 5, 

2009, granting this exemption to Volvo 

for a Swedish CDL driver permitting 

operation of CMVs in the U.S. (74 FR 

333). 

Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(4) and 31136(e), FMCSA 

requests public comment on Volvo’s 

application for an exemption from the 

CDL requirements of 49 CFR 383.23. 

The Agency will consider all comments 

received by close of business on 

February 18, 2010. Comments will be 

available for examination in the docket 

at the location listed under the 

ADDRESSES section of this notice. The 

Agency will consider to the extent 

practicable comments received in the 

public docket after the closing date of 

the comment period. 

Issued on: January 8, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–832 Filed 1–15–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Prepare an 

Environmental Assessment and 

Request for Public Scoping Comments 

for the Air Tour Management Plan 

Program at Death Valley National Park 

AGENCY: Federal Aviation 

Administration (FAA). 

ACTION: Notice of intent to prepare an 

Environmental Assessment and to 

request Public Scoping comments. 

SUMMARY: The FAA, with NPS as a 

cooperating agency, has initiated 

development of an Air Tour 

Management Plan (ATMP) for Death 

Valley National Park (DEVA), pursuant 

to the National Parks Air Tour 

Management Act of 2000 (Public Law 

106–181) and its implementing 

regulations (14 CFR Part 136, Subpart B, 

National Parks Air Tour Management). 

The objective of the ATMIP is to 

develop acceptable and effective 

measures to mitigate or prevent the 

significant adverse impacts, if any, of 

commercial air tour operations upon the 

natural resources, cultural resources, 

and visitor experiences of a national 

park unit and any tribal lands within or 

abutting the park. It should be noted 

that the ATMP has no authorization 

over other non-air-tour operations such 

as military and general aviation 

operations. In compliance with the 

National Environmental Policy Act of 

1969 (NEPA) and FAA Order 1050.1E, 

an Environmental Assessment is being 

prepared. 

The ATMP will be prepared using an 

Aviation Rulemaking Committee (ARC) 

process, as authorized under 49 U.S.C. 

106. The purpose of using the ARC 

process is to provide early advice, 

information, and recommendations from 

interested stakeholders to the FAA and 

NPS, regarding environmental and other 

issues to consider in the development of 

an ATMP. The DEVA ARC is composed 

of various representatives including air 

tour operators, federal, local and 

regional agencies, environmental 

organizations, local businesses, and the 

Timbisha Shoshone tribe. It is chaired 

by the Superintendent of Death Valley 

National Park. 

In June 2009, the ARC held a two-day 

kickoff meeting at DEVA; minutes may 

be found at: http://www.faa.gov/about/

office_org/headquarters_offices/arc/

programs/air_tourmanagement_plan/

park_specific_plans/Death_Valley.cfm. 

The purpose of the kickoff meeting 

was for stakeholders to have the 

opportunity to provide advice, 

information, and recommendations to 

the FAA and NPS regarding 

environmental and other issues to 

consider in the development of an 

ATMP. Materials presented at the 

meeting included information on: Park 

resources; the acoustical environment at 

DEVA; military operations over DEVA 

and the surrounding areas; current and 

historical air tour operations; and, a 

map of current air tour flight paths. 

Comments were received from members 

of the ARC regarding sensitive park 

resources, tribal concerns, changes in 

tourism patterns, and air tour 

operations. After a generalized map of 

current air tour flight paths was 

presented, ARC members made 

suggestions regarding options for an air 

tour flight track that would consolidate 

flight paths and modify elevations and 

flight locations. ARC members’ 

recommendations attempted to address 

the concerns raised at the meeting. Refer 

to the Public Scoping Document 

(mentioned below) to see how these 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Notices 2923 

suggestions are incorporated into an air 

tour route. 

Based on input received at the 

meeting, the FAA and NPS have 

decided to proceed with ATMP 

development at DEVA via the ARC 

process. The FAA is now inviting the 

public, agencies, and other interested 

parties to provide comments, 

suggestions, and input on the scope of 

issues and the identification of 

significant issues regarding commercial 

air tours and their potential impacts on 

natural, cultural, and historical 

resources. Input is also welcome on 

other areas to be addressed in the 

environmental process, such as past, 

present, and future actions (which, 

when considered with ATMIP 

alternatives, may result in potentially 

significant cumulative impacts), and 

potential ATMP alternatives. 

DATES: By this notice, the FAA is 

requesting comments on the scope of 

the environmental assessment for the 

ATMP at Death Valley National Park. 

Comments must be submitted by 

February 18, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Keith Lusk—Mailing address: P.O. Box 

92007, Los Angeles, California 90009– 

2007. Telephone: (310) 725–3808. Street 

address: 15000 Aviation Boulevard, 

Lawndale, California 90261. E-mail: 

Keith.Lusk@faa.gov. Written comments 

on the scope of the Environmental 

Assessment should be submitted 

electronically via the electronic public 

comment form on the NPS Planning, 

Environment and Public Comment 

System at: http://parkplanning.nps.gov/ 

projectHome.cfm?parkId=297&project

Id=27781, or sent to the mailing address 

or e-mail address above. 

SUPPLEMENTARY INFORMATION: A Public 

Scoping Document that describes the 

project in greater detail is available at: 

• The NPS Planning, Environment and 

Public Comment System at: http://

parkplanning.nps.gov/projectHome.

cfm?parkId=297&projectId=27781 

• http://www.faa.gov/about/office_org/

headquarters_offices/arc/programs/

air_tourmanagement_plan/park_

specific_plans/Death_Valley.cfm 

• The following locations within Death 

Valley National Park: Furnace Creek 

Visitor Center & Museum, Stovepipe 

Wells Ranger Station, Scotty’s Castle 

• Shoshone Museum, Shoshone, CA 

• Eastern Sierra Interagency Center, 

Highway 395 and Highway 136, Lone 

Pine, CA 

• Beatty Library District, 400 North 4th 

Street, Beatty, NV 

• Inyo County Free Library: 168 North 

Edwards Street, Independence, CA; 

210 Academy Street and 110 North 

Main Street in Bishop, CA 

• Pahrump Community Library: 701 

East Street, Pahrump, NV 

• Amargosa Valley Library: 829 East 

Farm Road, Amargosa Valley, NV 

Notice Regarding FOIA: Individuals 

may request that their name and/or 

address be withheld from public 

disclosure. If you wish to do this, you 

must state this prominently at the 

beginning of your conmient. 

Commentators using the Web site can 

make such a request by checking the 

box ‘‘keep my contact information 

private.’’ Such requests will be honored 

to the extent allowable by law, but you 

should be aware that pursuant to the 

Freedom of Information Act, your name 

and address may be disclosed. We will 

make all submissions from 

organizations, businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses available for 

public inspection in their entirety. 

Issued in Hawthorne, CA, on January 7, 

2010. 

Barry Brayer, 

Manager, Special Programs Staff, WesternPacific Region. 

[FR Doc. 2010–685 Filed 1–15–10; 8:45 am] 

BILLING CODE M 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–26367] 

Motor Carrier Safety Advisory 

Committee Public Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Motor Carrier Safety 

Advisory Committee Meeting. 

SUMMARY: FMCSA announces that its 

Motor Carrier Safety Advisory 

Committee (MCSAC) will hold a 

committee meeting on February 1–2, 

2010 to complete its work of providing 

information, concepts and ideas to the 

Agency relating to the hours-of-service 

(HOS) requirements for drivers of 

property-carrying vehicles. 

DATES: The meeting will be held on 

February 1–2, 2010, from 8:30 a.m. to 

4:30 p.m. Eastern Standard Time. 

Location: This meeting is open to the 

public via conference call. Any 

interested person may call 1–800–593– 

0737, passcode 1997315, to listen to the 

entire meeting. 

Matters To Be Considered: The 

MCSAC will complete its work on Task 

10–01, provide information, concepts 

and ideas to FMCSA relating to the HOS 

requirements for drivers of propertycarrying vehicles. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jack Kostelnik, Acting Chief, Strategic 

Planning and Program Evaluation 

Division, Office of Policy Plans and 

Regulation, Federal Motor Carrier Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–5721, mcsac@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

MCSAC 

Section 4144 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59, 119 Stat. 1144, August 

10, 2005) required the Secretary of 

Transportation to establish a Motor 

Carrier Safety Advisory Committee. The 

committee provides advice and 

recommendations to the FMCSA 

Administrator on motor carrier safety 

programs and regulations, and operates 

in accordance with the Federal 

Advisory Committee Act (5 U.S.C. App 

2). 

Hours-of-Service Task 

On October 26, 2009, Public Citizen, 

et al., (the Petitioners) and FMCSA 

entered into a settlement agreement 

pursuant to which the parties agreed to 

seek to have the petition for judicial 

review of the November 19, 2008, Final 

Rule on hours of service of drivers held 

in abeyance pending the publication of 

a Notice of Proposed Rulemaking 

(NPRM). The settlement agreement 

states that FMCSA will submit the draft 

NPRM to the Office of Management and 

Budget (OMB) within nine months of 

the date of the settlement, and will 

publish a Final Rule within 21 months 

of the date of the settlement agreement. 

The settlement agreement does not 

include any guidance, direction(s) or 

restrictions on the scope and content of 

the forthcoming NPRM or make any 

commitments on the outcome of the 

notice-and-comment rulemaking 

process. The current rule will remain in 

effect during the rulemaking 

proceedings. 

The MCSAC began work on Task 10– 

01 at its December 7–9, 2009, meeting. 

Information from that meeting has been 

posted to the Committee’s Web site, 

http://mcsac.fmcsa.dot.gov. 

The MCSAC task is one of several 

steps that FMCSA is taking as it revisits 

the HOS requirements for drivers of 

property-carrying vehicles. Other steps 

will include holding public listening 


jlentini on DSKJ8SOYB1PROD with NOTICES