10120 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Notices 

revision, clarification, and upgrading of 

terminology and procedures. It will also 

include: 

1. Approval of Minutes; 

2. Submission and Discussion of 

Areas of Concern; 

3. Discussion of Potential Safety 

Items; 

4. Report from Executive Director; 

5. Items of Interest; and 

6. Discussion and agreement of 

location and dates for subsequent 

meetings. 

Attendance is open to the interested 

public but limited to space available. 

With the approval of the Chairperson, 

members of the public may present oral 

statements at the meeting. Persons 

desiring to attend and persons desiring 

to present oral statement should notify 

Mr. Richard Jehlen no later than April 

14, 2009. Any member of the public 

may present a written statement to the 

ATPAC at any time at the address given 

above. 

Issued in Washington, DC, on February 18, 

2009. 

Richard Jehlen, 

Executive Director, Air Traffic Procedures 

Advisory Committee. 

[FR Doc. E9–4899 Filed 3–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0232] 

Commercial Driver’s License: 

Commonwealth of Virginia, 

Department of Motor Vehicles; 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

granting of application for exemption. 

SUMMARY: FMCSA approves an 

application from the Commonwealth of 

Virginia Department of Motor Vehicles 

(Virginia DMV) for an exemption for a 

period of 2 years from a provision of the 

Agency’s commercial driver’s license 

(CDL) regulations requiring that each 

CDL issued by a State contain a color 

photograph of the driver. Virginia DMV 

requested that it be allowed to use a 

black and white, laser-engraved 

photograph in lieu of a color 

photograph. Virginia DMV believes that 

the issuance of CDLs with black-andwhite, laser-engraved photographs 

would enhance the security of the 

credential and assist law enforcement 

officials with the identification of the 

CDL holder. FMCSA has determined 

that the exemption would provide for a 

level of safety that is equivalent to or 

greater than the level of safety achieved 

without the exemption. 

DATES: This exemption is effective 

March 9, 2009 and expires on March 9, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division, Office 

of Bus and Truck Standards and 

Operations. Telephone: 202–366–4325, 

or E-mail: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31315 and 31136(e), 

FMCSA may grant an exemption for a 

maximum of 2 years 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 procedure for requesting an 

exemption is prescribed by 49 CFR part 

381. 

The Virginia DMV is in the projectplanning phase of its transition to 

centralized issuance of drivers’ licenses 

and identification cards. Virginia DMV 

is working towards meeting the 

requirements of the REAL ID Act of 

2005 (Pub. L. 109–13, May 11, 2005, 119 

Stat. 231, 302), and U.S. Department of 

Homeland Security’s (DHS) 

implementing regulations (73 FR 5271, 

January 29, 2008). Under the REAL ID 

Act, Federal Agencies are prohibited, 

effective May 11, 2008, from accepting 

a driver’s license or State-issued 

personal identification card for an 

official purpose unless the issuing State 

has met the requirements of the Act. 

Virginia DMV Application for 

Exemption 

Virginia DMV has applied for an 

exemption from 49 CFR 383.153(a)(4), 

which requires each CDL to contain a 

color photograph of the driver. Virginia 

DMV requested that it be allowed to use 

a black and white, laser-engraved 

photograph on Virginia-issued CDLs in 

lieu of a color photograph. In its 

application for an exemption, Virginia 

DMV explains in detail how the use of 

black and white, laser-engraved 

photographs on Virginia CDLs will 

enhance the security of the credential, 

in particular because the laser-engraved 

photograph cannot easily be altered. 

Virginia DMV also stated that a black 

and white, laser-engraved image 

actually enhances driver identification 

because, with hair and eye color absent, 

the image provides greater emphasis on 

other, less readily-altered, facial 

features. A copy of the Virginia DMV’s 

application for an exemption is 

included in the docket referenced at the 

beginning of this notice. 

Comments 

Three comments were received to this 

docket. Canadian Bank Note Company, 

Ltd., supported the application, stating 

that the process proposed by Virginia 

DMV would provide ‘‘the most secure 

means of applying a photograph,’’ and 

a clearer image as well. L–1 Identity 

Solutions (L–1) opposed the 

application, suggesting that Virginia 

DMV employ both a color and a black 

and white photograph on each CDL. 

L–1 also recommended certain color 

technologies it believed to be more 

secure than the Virginia DMV 

technology. The third commenter, 

Virginia DMV, provided additional 

detail about its proposed black and 

white, laser-engraved technology 

indicating that it is no less secure than 

other technologies. 

FMCSA Decision 

FMCSA has evaluated Virginia DMV’s 

application on its merits following full 

consideration of the comments 

submitted to the docket, and has 

decided to grant the exemption from 49 

CFR 383.153(a)(4) for a period of 2 

years. FMCSA determined that the 

exemption would maintain a level of 

safety equivalent to, or greater than, the 

level achieved without the exemption 

(49 U.S.C. 31315(b)(1)). 

In reaching its decision, FMCSA 

considered DHS’s January 29, 2008, 

final rule implementing certain 

provisions of the REAL ID Act. The final 

rule permits State licensing agencies to 

use either color or black and white 

photographs on driver’s licenses and 

identification cards (6 CFR 37.17(e)(2)). 

DHS determined through a notice-andcomment rulemaking proceeding that 

laser-engraved black and white 

photography provides a comparable if 

not greater level of security or 

deterrence to falsification. (See 73 FR 

5301) 

The regulation from which the 

Virginia DMV is exempted does not 

concern the qualifications of the CDL 

holder or his or her safety performance. 

Furthermore, the rule does not pertain 

to FMCSA’s requirement that the CDL 

document be tamperproof or tamper 

resistant. (See 49 CFR 383.155.) Because 

the exemption is limited to the actual 

photograph or image of the CDL holder 

and the State would continue to be 

required to maintain compliance with 

all other CDL document rules, FMCSA 

concludes the exemption would not 

have an adverse impact on safety. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Notices 10121 

FMCSA’s tamper-proofing rule (49 

CFR 383.155) should not be construed 

to apply a higher standard of document 

security than the rules prescribed by 

DHS on January 29, 2008. The Agency 

concludes that the objections to laserengraved black and white images raised 

by L–1 should be addressed to DHS, as 

they relate to DHS’s decision in its 

READ ID Act rulemaking. The Agency 

will not attempt to resolve those 

concerns here. 

For the reasons discussed above, 

FMCSA grants the Virginia DMV’s 

application for an exemption from 49 

CFR 383.153(a)(4) for a period of 2 

years. 

Issued on: March 2, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–4930 Filed 3–6–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0010] 

Hours of Service of Drivers: Redding 

Air Services, Inc. and Guardian 

Helicopters, Inc., Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received a joint application from 

Redding Air Service, Inc. and Guardian 

Helicopters, Inc. (Redding/Guardian) 

requesting an exemption from certain 

commercial motor vehicle (CMV) driver 

hours-of-service (HOS) provisions of the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). The exemption 

request is for Redding/Guardian’s CMV 

drivers who transport jet fuel for their 

helicopters in support of wild-land 

firefighting operations. They specifically 

request an exemption for 20 drivers 

from the HOS prohibition against 

driving a CMV after the 70th hour of 

cumulative on-duty time in any 8-day 

period. The exemption, if granted, 

would enable Redding/Guardian drivers 

to conduct their operations—including 

transportation of jet fuel to and from the 

firefighting sites—without having to 

comply with the 70-hour in 8-day HOS 

rule. Redding/Guardian believes the 

exemption would ensure a level of 

safety equivalent to or greater than the 

level of safety that would be obtained 

absent the exemption. FMCSA requests 

public comment on the Redding/ 

Guardian application for exemption. 

DATES: Comments must be received on 

or before April 8, 2009. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number [FMCSA– 

2009–0010] by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• 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. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue, SE., 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information on the exemption process, 

see the Public Participation heading 

below. Note that all comments received 

will be posted without change to 

http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or go to the street address listed 

above. 

Privacy Act: Anyone is able to search 

the electronic form of all 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 (65 FR 

19476) or you may visit http:// 

DocketInfo.dot.gov. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can get electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal Web site. If you 

want us to notify you that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket, and we will 

consider late comments to the extent 

practicable. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Bus and Truck Standards and 

Operations; Telephone: 202–366–4325. 

E-mail: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4007 of the Transportation 

Equity Act for the 21st Century (Pub. L. 

105–178, 112 Stat. 107, June 9, 1998) 

amended 49 U.S.C. 31315 and 31136(e) 

to provide authority to grant exemptions 

from motor carrier safety regulations. 

Under its regulations, FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

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 the 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 

The Federal hours-of-service (HOS) 

regulations in 49 CFR 395.3(b)(2) 

prohibit a property-carrying commercial 

motor vehicle (CMV) driver from 

driving a CMV after having been on 

duty for 70 cumulative hours in any 

period of 8 consecutive days, if the 

employing motor carrier operates CMVs 

every day of the week. 

Redding/Guardian’s business is 

primarily in support of wild-land 

firefighting operations within the 

continental United States in conjunction 

with the U.S. Department of Interior, 

U.S. Forest Service and various State 

and County agencies. Redding is based 

in Redding, California, and Guardian is 

based in Van Nuys, California. The two 


dwashington3 on PROD1PC60 with NOTICES