### 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 Volvorequests 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 determinedthe 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


### 2923 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Notices

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 HOSrequirements 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