Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 14185 

3Critical and acute regulations are listed in 49 

CFR Part 385, Appendix B. ‘‘Critical violations’’ are 

violations of a critical regulation discovered at or 

above a 10% violation rate; they involve more than 

one discovered violation. 

and OIG recommendations. In order to 

ensure adequate notice to the regulated 

industry, only those investigations and 

cases initiated on or after the effective 

date of this notice will be used to 

support imposition of maximum 

penalties under the ‘‘two-strikes’’ 

policy. Investigations and cases initiated 

prior to the effective date of this notice 

will continue to be considered for 

maximum penalty assessment under the 

‘‘three-strikes’’ policy. 

’’Pattern of Violations’’ 

Effective with this policy, FMCSA is 

separately defining a ‘‘pattern of 

violations’’ as occurring when the 

Agency discovers two or more critical 

and/or acute violations 3 in each of three 

or more different regulatory parts (i.e., a 

minimum of six acute and/or critical 

violations). A ‘‘pattern of violations’’ 

does not require previous enforcement 

and can be found even during a firsttime investigation. A motor carrier will 

be subject to maximum fines when a 

‘‘pattern’’ of critical or acute violations 

is discovered after having previous 

contact with FMCSA, a State motor 

carrier safety enforcement agency, or 

other FMCSA-designated representative 

acting on behalf of FMCSA. This contact 

may have been through a previous New 

Entrant Safety Audit, Pre-Authorization 

Safety Audit, Expedited Action Letter, 

Compliance Review, Notice of 

Violation, Notice of Claim, Warning 

Letter or other significant documented 

contact reasonably likely to have alerted 

the motor carrier to FMCSA’s regulatory 

and enforcement jurisdiction. The 

previous contact may have occurred 

prior to the effective date of this notice. 

A roadside inspection, alone, however, 

is not a previous contact for the purpose 

of subjecting a motor carrier to a section 

222 pattern of violations finding. 

Notices of Claim that allege the requisite 

pattern of violations described herein 

will include a proposed civil penalty in 

the maximum amount authorized by 

statute for each qualifying violation. 

‘‘Two Strikes’’ 

Effective with this policy, FMCSA 

expands its interpretation of 

‘‘previously committed the same or 

related violation’’ and adopts a ‘‘twostrikes’’ policy that is similar to the 

Agency’s existing ‘‘three-strikes’’ policy. 

Under this supplemental policy, 

maximum penalties will be applied in 

cases where an acute violation is 

discovered during an investigation 

within six years of a previously closed 

case that contained a finding of 

violation of a critical or acute regulation 

in the same FMCSR and/or HMR part. 

The same standards applied by FMCSA 

under the three-strikes policy will apply 

to cases being used as a previous strike 

under the two-strikes policy. The 

previous case must have been closed 

within six years prior to the completion 

of the investigation in which the second 

strike is discovered (but no earlier than 

the effective date of this two-strikes 

policy); it must contain one or more 

violations of critical or acute regulations 

in the same regulatory part(s); and those 

violations must have been admitted or 

adjudicated with a finding of violation. 

FMCSA will continue to measure the 

six-year period from the date the 

previous enforcement case was closed to 

the date the investigation is completed. 

The revision of the definition of 

‘‘previously committed the same or 

related violation’’ in this supplemental 

policy is consistent with the emphasis 

FMCSA places on violations of acute 

regulations. 

Categories of Investigations 

Effective with this supplemental 

policy, FMCSA also expands the 

category of investigations during which 

violations of acute and/or critical 

regulations discovered may be subject to 

assessment of section 222 maximum 

penalties to include rated and unrated 

compliance reviews, terminal reviews, 

shipper reviews, focused reviews, onand off-site assessment investigations, 

and on- and off-site investigations 

arising under the Agency’s 

Comprehensive Safety Analysis 2010 

program or successor programs. 

Settlement Policy 

The Agency’s December 28, 2004, 

policy clarification stated that in order 

to ensure uniformity in implementing 

section 222 of MCSIA, FMCSA Service 

Centers would not be permitted to settle 

section 222 cases for less than the 

maximum penalty assessed. The policy 

permitted settlement agreements 

establishing a payment plan and noted 

that the settlement limitation would be 

re-evaluated as the Agency gained more 

experience in applying the statutory 

requirement. The Agency has reviewed 

this settlement limitation in light of its 

experience since the issuance of its 

section 222 policy. The Agency now 

lifts this settlement restriction and will 

allow FMCSA Service Centers to 

evaluate on a case-by-case basis whether 

section 222 penalty matters are 

appropriate for approved settlement 

options. The Agency will continue to 

monitor its settlement policy on section 

222 cases to ensure uniformity and 

appropriate use of settlement options. 

Issued on: March 24, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–7057 Filed 3–27–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2009–0028] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

Stewardship. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2009– 

0028 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in section 388.4 of 

MARAD’s regulations at 46 CFR part 

388. 

DATES: Submit comments on or before 

April 29, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0028. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 


sroberts on PROD1PC70 with NOTICES
14186 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 

1CERA is a subsidiary of RailAmerica, Inc. 

2The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

3Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

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

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel Stewardship is: 

Intended Use: ‘‘4 and 6 hour daysail 

cruises out of Cape Charles, Virginia 

with no more than 4 paying 

passengers.’’ 

Geographic Region: ‘‘Virginia’’. 

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 (Volume 

65, Number 70; Pages 19477–78). 

Dated: March 23, 2009. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–6914 Filed 3–27–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–511 (Sub–No. 4X)] 

Central Railroad Company of 

Indianapolis—Abandonment 

Exemption—in Howard County, IN 

Central Railroad Company of 

Indianapolis (CERA) 1 has filed a 

verified notice of exemption under 49 

CFR 1152 Subpart F-Exempt 

Abandonments to abandon 5.18 miles of 

rail line, consisting of 2.38 miles 

between milepost 181.26 and milepost 

183.64, on CERA’s main line (West 

Kokomo line segment), and 2.8 miles 

between milepost 51.5 and milepost 

54.3, on CERA’s Tipton Industrial Lead 

(South Kokomo line segment), in 

Howard County, IN. The line traverses 

United States Postal Service Zip Codes 

46901 and 46902. 

CERA has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic on 

the line can be rerouted over other lines; 

(3) no formal complaint filed by a user 

of rail service on the line (or by a state 

or local government entity acting on 

behalf of such user) regarding cessation 

of service over the line either is pending 

with the Surface Transportation Board 

(Board) or with any U.S. District Court 

or has been decided in favor of 

complainant within the 2-year period; 

and (4) the requirements at 49 CFR 

1105.7 (environmental report), 49 CFR 

1105.8 (historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on April 29, 

2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,2

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),3 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by April 9, 

2009. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by April 20, 2009, 

with the Surface Transportation Board, 

395 E Street, SW., Washington, DC 

20423–0001. 

A copy of any petition filed with the 

Board should be sent to CERA’s 

representative: Melanie B. Yasbin, Law 

offices of Louis E. Gitomer, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204–4022. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CERA has filed a combined 

environmental and historic report that 

addresses the effects, if any, of the 

abandonment on the environment and 

historic resources. SEA will issue an 

environmental assessment (EA) by April 

3, 2009. Interested persons may obtain 

a copy of the EA by writing to SEA 

(Room 1100, Surface Transportation 

Board, Washington, DC 20423–0001) or 

by calling SEA, at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CERA shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

CERA’s filing of a notice of 

consummation by March 30, 2010, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 20, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–6841 Filed 3–27–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

March 23, 2009. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 


sroberts on PROD1PC70 with NOTICES