31836 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Notices 

activities. In addition, the rate on MD 4 

from FDR Boulevard to MD 235, as well 

as the rear end collision rate across the 

Thomas Johnson Memorial Bridge, is 

greater than the statewide average. 

Alternatives under consideration 

include taking no action and widening 

existing MD 4 to a four-lane divided 

highway, with various options for 

bridge improvements and/or 

reconstruction. The EA will be available 

for public and agency review and 

comment prior to a Public Hearing. 

Public notice will be given of the 

availability of the EA for review and of 

the time and place of this hearing. A 

Scoping Meeting was held in May 2007, 

and two Open House Workshops were 

held in June 2008 to solicit opinions 

and ideas on proposed improvements 

from local citizens. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the determination 

that an EA is the proper environmental 

document should be directed to FHWA 

at the address provided above. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Research, 

Planning and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Issued on May 27, 2010. 

Jeanette Mar, 

Environmental Program Manager. 

[FR Doc. 2010–13399 Filed 6–3–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Tennessee Division: Notice To Rescind 

a Notice of Intent (NOI) to Prepare an 

Environmental Impact Statement (EIS): 

State Route 91 Improvements in 

Elizabethton, Carter County, TN 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Rescind NOI to prepare an EIS. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that the NOI 

published on February 22, 2007, at 72 

FR 8054, to prepare an EIS for the State 

Route 91 Improvements in Elizabethton, 

Carter County, Tennessee, is being 

rescinded. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charles J. O’Neill, Planning and 

Program Management Team leader, 

FHWA–Tennessee Division Office, 404 

BNA Drive, Suite 508, Nashville, TN 

37217. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Tennessee Department of 

Transportation (TDOT) is rescinding the 

NOI to prepare an EIS for the State 

Route 91 Improvements in Elizabethton, 

Carter County, Tennessee. 

The proposed project calls for 

improving the State Route 91 corridor 

from west of State Route 362 to just west 

of State Route-37 (U.S. 19E), a distance 

of approximately four miles. The 

purpose of the project is to improve 

traffic flow, travel time, and mobility; 

reduce the conflicts between vehicles on 

State Route 91; and create an easily 

navigable route to area businesses along 

State Route 91. Since the NOI to prepare 

an EIS was published in the Federal 

Register on February 22, 2007, TDOT 

has conducted public involvement and 

agency coordination, developed a 

purpose and need for the project, and 

developed preliminary alternatives to be 

examined in the EIS. The preliminary 

alternatives included No-Build, a 

Transportation System Management 

(TSM) alternative, build alternatives 

that would construct a roadway on new 

locations to the north and to the south 

of the existing roadway, and an upgrade 

to existing State Route 91. Preliminary 

screenings identified sensitive 

environmental features associated with 

new location alternatives that could 

result in potentially significant adverse 

impacts. 

FHWA and TDOT have determined 

that a combination of TSM and upgrade 

improvements along existing State 

Route 91 would meet the need and 

purpose of the project and could be 

accomplished without potentially 

significant adverse impacts to sensitive 

environmental features. FHWA and 

TDOT will evaluate these improvements 

of State Route 91 along the existing 

route as a Categorical Exclusion. 

Comments and questions concerning 

the proposed action should be directed 

to FHWA at the address provided above. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

proposed program.) 

Charles J. O’Neill, 

Planning and Program Management Team 

Leader, Nashville, TN. 

[FR Doc. 2010–13428 Filed 6–3–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Withdrawal of Regulatory Guidance 

Concerning the Federal Motor Carrier 

Safety Regulations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice; withdrawal of regulatory 

guidance. 

SUMMARY: FMCSA announces the 

withdrawal of a number of items of 

regulatory guidance concerning the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) that are now 

obsolete as a result of rules published by 

FMCSA and found in 49 CFR part 393, 

‘‘Parts and accessories necessary for safe 

operation.’’ All prior interpretations and 

regulatory guidance concerning the 

applicability of the obsolete FMCSRs 

that were published in the Federal 

Register, as well as memoranda and 

letters concerning those regulations, 

may no longer be relied upon as 

authoritative if they are inconsistent 

with the revised and/or amended 

regulations. 

DATES: Effective Date: This regulatory 

guidance is effective on June 4, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah M. Freund, Vehicle and 

Roadside Operations Division, Office of 

Bus and Truck Standards and 

Operations, (202) 366–5370, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Ave., SE., Washington, 

DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The Motor Carrier Safety Act of 1984 

(Pub. L. 98–554, Title II, 98 Stat. 2832, 

October 30, 1984) (the 1984 Act) 

provides authority to regulate drivers, 

motor carriers, and vehicle equipment. 

It requires the Secretary of 

Transportation (Secretary) to prescribe 

regulations on minimum safety 

standards for commercial motor vehicle 

(CMV) safety. At a minimum, the 

regulations shall ensure that: (1) CMVs 

are maintained, equipped, loaded, and 

operated safely; (2) the responsibilities 

imposed on operators of CMVs do not 

impair their ability to operate the 

vehicles safely; (3) the physical 

condition of operators of CMVs is 

adequate to enable them to operate the 

vehicles safely; and (4) the operation of 

CMVs does not have a deleterious effect 

on the physical condition of the 

operators (49 U.S.C. 31136(a)). Section 

211 of the 1984 Act also grants the 

Secretary broad power, in carrying out 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Notices 31837 

motor carrier safety statutes and 

regulations, to ‘‘prescribe recordkeeping 

and reporting requirements’’ and to 

‘‘perform other acts the Secretary 

considers appropriate’’ (49 U.S.C. 

31133(a)(8) and (10)). The FMCSA 

Administrator has been delegated 

authority under 49 CFR 1.73(g) to carry 

out the functions vested in the Secretary 

by 49 U.S.C. chapter 311, subchapters I 

and III, relating to CMV programs and 

safety regulation. 

Members of the motor carrier industry 

and other interested parties may access 

FMCSA’s guidance through FMCSA’s 

Internet site at http:// 

www.fmcsa.dot.gov. Specific questions 

addressing any of the interpretive 

material withdrawn in this document 

should be directed to the contact person 

listed earlier under FOR FURTHER

INFORMATION CONTACT, or to the FMCSA 

Division Office in each State. 

Basis for the Notice 

On February 12, 2008, the 

Commercial Vehicle Safety Alliance 

(CVSA) petitioned FMCSA to withdraw 

certain regulatory guidance concerning 

49 CFR part 393. The regulatory 

guidance that was the subject of the 

petition had been made obsolete by final 

rules concerning (1) protection against 

shifting and falling cargo, and (2) 

general amendments to Part 393 of the 

FMCSRs. 

For the reasons set forth below, 

FMCSA granted the CVSA’s petition on 

July 9, 2009: 

Protection Against Shifting and Falling 

Cargo 

FMCSA published a final rule on 

September 27, 2002 (67 FR 61212), 

revising the regulations in 49 CFR part 

393 concerning protection against 

shifting and falling cargo for CMVs 

engaged in interstate commerce. The 

previous cargo securement regulations 

required all cargo-carrying CMVs to be 

equipped with devices that provided 

protection against shifting or falling 

cargo and that met the requirements of 

one of four ‘‘options’’ (Options A, B, C, 

or D). The September 2002 cargo 

securement final rule replaced Options 

A through D with: (1) More 

comprehensive, performance-based, 

general requirements; and (2) detailed 

requirements for a number of specific 

commodities, the proper securement of 

which generated the most disagreement 

between industry and enforcement 

agencies. Because Options A through D 

are no longer a part of the cargo 

securement regulations, the regulatory 

guidance provided in questions 2, 5, 

and 6 to section 393.100 (reference 62 

FR 16419, dated April 4, 1997) is no 

longer valid and is hereby withdrawn. 

General Amendments to Part 393 

FMCSA published a final rule on 

August 15, 2005 (70 FR 48008), 

amending part 393 of the FMCSRs. As 

part of this rule, FMCSA clarified that 

CMVs must have both windshield 

wiping and windshield washing 

systems that meet the requirements of 

Federal Motor Vehicle Safety Standard 

No. 104, ‘‘Windshield wiping and 

washing systems.’’ As such, the 

regulatory guidance provided in 

question 1 to section 393.78 (reference 

62 FR 16418, dated April 4, 1997) is no 

longer valid and is hereby withdrawn. 

FMCSA further clarified that the 

requirements of section 393.201 apply 

to all CMVs, including trailers, and not 

only buses, trucks, and truck tractors. 

As such, the regulatory guidance 

provided in question 2 to section 

393.201 (reference 62 FR 16419, dated 

April 4, 1997) is no longer valid and is 

hereby withdrawn. 

FMCSA also revised section 

393.201(d) to make the regulation more 

practical. Paragraph (d) was intended to 

prohibit welding on vehicle frames 

constructed of certain types of steel that 

are weakened by the welding process. 

However, the previous wording was 

overly restrictive. To address this issue, 

paragraph (d) now allows welding 

which is performed in accordance with 

the vehicle manufacturer’s 

recommendations, and therefore, the 

regulatory guidance provided in 

question 3 to section 393.201 is now 

redundant, no longer necessary, and 

hereby withdrawn. 

Decision 

For the reasons presented above, 

FMCSA removes the following 

regulatory guidance: Section 393.78, 

question 1; section 393.100, questions 2, 

5, and 6; and section 393.201, questions 

2 and 3, published online at http:// 

www.fmcsa.dot.gov/rules-regulations/ 

administration/fmcsr/ 

FmcsrGuideDetails.aspx?menukey=393. 

Issued on: May 26, 2010. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2010–13401 Filed 6–3–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Vehicle Theft Prevention Standard; 

Mercedes-Benz 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Mercedes-Benz USA, LLC (MBUSA) 

petition for an exemption of the SL– 

Class Line Chassis vehicle line in 

accordance with 49 CFR part 543, 

Exemption from the Theft Prevention 

Standard. This petition is granted 

because the agency has determined that 

the antitheft device to be placed on the 

line as standard equipment is likely to 

be as effective in reducing and deterring 

motor vehicle theft as compliance with 

the parts-marking requirements of the 

Theft Prevention Standard (49 CFR part 

541). 

DATES: The exemption granted by this 

notice is effective beginning with the 

2011 model year. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rosalind Proctor, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA,1200 New Jersey 

Avenue, SE., West Building, W43–302, 

Washington, DC 20590. Ms. Proctor’s 

telephone number is (202) 366–0846. 

Her fax number is (202) 493–0073. 

SUPPLEMENTARY INFORMATION: In a 

petition dated April 26, 2010, MBUSA 

requested an exemption from the partsmarking requirements of the Theft 

Prevention Standard (49 CFR part 541) 

for the new MY 2011 SL–Class Line 

Chassis vehicle line. The petition 

requested an exemption from partsmarking pursuant to 49 CFR part 543, 

Exemption from Vehicle Theft 

Prevention Standard, based on the 

installation of an antitheft device as 

standard equipment for an entire 

vehicle line. 

Under § 543.5(a), a manufacturer may 

petition NHTSA to grant an exemption 

for one vehicle line per model year. In 

its petition, MBUSA provided a detailed 

description and diagram of the identity, 

design, and location of the components 

of the antitheft device for its new 

vehicle line. MBUSA will install a 

passive ignition immobilizer (FBS III) 

and access code protected locking 

system as standard equipment on its 

new vehicle line beginning with MY 

2011. MBUSA stated that its 

immobilizer device is an interlinked 

system of control units which 


srobinson on DSKHWCL6B1PROD with NOTICES