Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices 9329 

Register of the reason why the 

Secretary’s decision on the application 

is delayed, along with an estimate of the 

additional time necessary before the 

decision is made.’’ 

The ATA and Massachusetts 

Department of Highways’ applications 

for a preemption determination are still 

under consideration by FMCSA. The 

Agency currently is conducting factfinding and legal analysis in response to 

the applications. Because of this 

additional fact-finding and legal 

analysis, it is impracticable to issue a 

decision within the 180-day timeframe. 

In order to allow time for full 

consideration of the issues raised by the 

applications, FMCSA delays issuance of 

its determination, and estimates a 

decision will be published in 

approximately 120 days. 

Issued on: February 25, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–4453 Filed 3–2–09; 8:45 am] 

BILLING CODE 4910–EX–P 

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 the 

Motor Carrier Safety Advisory 

Committee (MCSAC) will hold a 

committee meeting. The meeting is open 

to the public. 

DATES: The meeting will be held from 

1 p.m. to 4 p.m. on March 18, 2009. 

Written comments must be received by 

noon on March 18, 2009. 

ADDRESSES: The meeting will be held at 

the U.S. Department of Transportation, 

Media Center, West Building, Ground 

Floor, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey K. Miller, 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) 366–5370, mcsac@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 4144 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU, 

Pub. L. 109–59) required the Secretary 

of the U.S. Department of 

Transportation to establish in FMCSA, a 

Motor Carrier Safety Advisory 

Committee. The advisory committee 

provides advice and recommendations 

to the FMCSA Administrator on motor 

carrier safety programs and motor 

carrier safety regulations. The advisory 

committee operates in accordance with 

the Federal Advisory Committee Act 

(5 U.S.C. App 2). The Committee is 

comprised of 15 members appointed by 

the Administrator. Two new members, 

Scott G. Hernandez, Lieutenant Colonel 

with the Colorado State Patrol, and 

Robert Powell, State Trooper with the 

Virginia State Police, were appointed by 

the Administrator on January 19, 2009. 

II. Meeting Participation 

The meeting is open to the public and 

FMCSA invites participation by all 

interested parties, including motor 

carriers, drivers, and representatives of 

motor carrier associations. Please note 

that attendees will need to be precleared in advance of the meeting in 

order to expedite entry into the 

building. By March 16, 2009, please 

e-mail mcsac@dot.gov if you plan to 

attend the meeting, to facilitate the preclearance security process. For 

information on facilities or services for 

individuals with disabilities or to 

request special assistance at the 

meeting, please e-mail mcsac@dot.gov 

by March 16, 2009. 

As a general matter, the Committee 

will allocate one hour for public 

comments on March 18, 2009, from 3 

p.m. to 4 p.m. Individuals wishing to 

address the committee should send an 

e-mail to mcsac@dot.gov by March 16, 

2009. The time available will be divided 

among those who have signed up to 

address the committee, but no one will 

be allotted more than 15 minutes. For a 

copy of the agenda, please send an 

e-mail to mcsac@dot.gov. 

Individuals with a desire to present 

written materials to the committee 

should submit written comments 

identified by Federal Docket 

Management System (FDMC) Docket 

Number FMCSA–2006–26367 using any 

of the following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Room W12–140, Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Issued on: February 25, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–4456 Filed 3–2–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

2000–7006; FMCSA–2000–7918; FMCSA– 

2000–8398; FMCSA–2002–13411; FMCSA– 

2005–20027] 

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 11 

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 April 5, 

2009. Comments must be received on or 

before April 2, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

1998–4334; FMCSA–2000–7006; 

FMCSA–2000–7918; FMCSA–2000– 

8398; FMCSA–2002–13411; FMCSA– 

2005–20027, 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. 

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9330 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

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://DocketInfo.dot.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 11 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

11 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: Richard D. Carlson, 

David J. Collier, Robert P. Conrad, Sr., 

Donald P. Dodson, Jr., Stephanie D. 

Klang, Mark J. Koscinski, Dexter L. 

Myhre, Henry C. Patton, George D. 

Schell, James A. Stoudt, Ralph A. 

Thompson. 

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 11 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (63 FR 66226; 64 FR 

16517; 66 FR 17994; 68 FR 15037; 70 FR 

14747; 72 FR 12665; 65 FR 20245; 65 FR 

57230; 67 FR 57266; 69 FR 52741; 65 FR 

66286; 66 FR 13825; 68 FR 10300; 70 FR 

14747; 65 FR 78256; 66 FR 16311; 68 FR 

13360; 70 FR 12265; 67 FR 76439; 68 FR 

10298; 70 FR 7545; 70 FR 2701; 70 FR 

16887). Each of these 11 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 April 2, 

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 11 

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 

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 

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Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices 9331 

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: February 25, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–4448 Filed 3–2–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–3637; FMCSA– 

2000–8203; FMCSA–2002–12844; FMCSA– 

2004–17984; FMCSA–2006–24015; FMCSA– 

2006–26066] 

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 9 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 February 9, 

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 9 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Jose C. 

Azuara, Thomas J. Boss, Fabian L. 

Burnett, Timothy A. DeFrange, Scott D. 

Goalder, Casey R. Johnson, Robert J. 

Johnson, Myriam Rodriguez, and James 

E. Savage. 

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 24, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–4451 Filed 3–2–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2009–0001–N–5] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, the 

Federal Railroad Administration (FRA) 

hereby announces that it is seeking 

renewal of the following currently 

approved information collection 

activities. Before submitting these 

information collection requirements 

(ICRs) for clearance by the Office of 

Management and Budget (OMB), FRA is 

soliciting public comment on specific 

aspects of the activities identified 

below. 

DATES: Comments must be received no 

later than May 4, 2009. 

ADDRESSES: Submit written comments 

on any or all of the following proposed 

activities by mail to either: Mr. Robert 

Brogan, Office of Safety, Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 17, 

Washington, DC 20590, or Ms. Nakia 

Jackson, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Mail Stop 35, Washington, DC 

20590. Commenters requesting FRA to 

acknowledge receipt of their respective 

comments must include a self-addressed 

stamped postcard stating, ‘‘Comments 

on OMB control number lll.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6497, or via e-mail to 

Mr. Brogan at robert.brogan@dot.gov, or 

to Ms. Jackson at 

nakia.jackson@dot.gov. Please refer to 

the assigned OMB control number in 

any correspondence submitted. FRA 

will summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 17, 

Washington, DC 20590 (telephone: (202) 

493–6292) or Ms. Nakia Jackson, Office 

of Information Technology, RAD–20, 

Federal Railroad Administration, 1200 

New Jersey Ave., SE., Mail Stop 35, 

Washington, DC 20590 (telephone: (202) 

493–6073). (These telephone numbers 

are not toll-free.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, 2, 109 Stat. 

163 (1995) (codified as revised at 44 

U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR Part 

1320, require Federal agencies to 

provide 60 days notice to the public for 

comment on information collection 

activities before seeking approval for 

reinstatement or renewal by OMB. 44 

U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 

1320.10(e)(1), 1320.12(a). Specifically, 

FRA invites interested respondents to 

comment on the following summary of 

proposed information collection 

activities regarding (i) whether the 

information collection activities are 

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