51334 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 

seq., ‘‘the Act’’) provides the domestic 

legal authority for regulating ‘‘benefits’’

to foreign missions in the United States 

and for imposing terms and conditions 

on the provision of such benefits. 

In a Determination published in the 

Federal Register on August 25, 2003 

(Volume 68, Number 164), the 

Department of State imposed a number 

of terms and conditions with respect to 

the acquisition and disposition of motor 

vehicles by or on behalf of the Cuban 

Interests Section. Those conditions were 

imposed as a reciprocal measure 

because the Cuban Government for 

some time had imposed restrictions and 

impediments to the importation, 

purchase, and resale of vehicles by the 

U.S. Interests Section in Cuba. 

The Department of State is now 

rescinding the Determination published 

August 25, 2003, in the Federal Register 

and lifting all terms and conditions that 

it imposed on the Cuban Interests 

Section and its staff and dependent 

family members with regard to the 

acquisition and disposition of motor 

vehicles. Upon the publication of this 

Determination in the Federal Register, 

the Cuban Interests Section, its staff, 

and their dependent family members 

will be permitted to acquire and dispose 

of motor vehicles without restriction 

other than restrictions or other 

requirements imposed on all foreign 

missions and their members to obtain 

specific motor vehicle services from the 

U.S. Department of State. 

Persons Affected by This Action 

This Determination applies primarily 

to the Cuban Interests Section of the 

Embassy of Switzerland in Washington, 

DC, its staff, and their dependent family 

members. It also applies to any person 

subject to the jurisdiction of the United 

States, whether a natural person, 

business, or other entity of any sort, that 

intends to sell or lease a motor vehicle 

to, or purchase a motor vehicle from, the 

Cuban Interests Section or its personnel. 

Legal Authority 

This Determination is issued pursuant 

to the Act, which authorizes the 

Secretary of State to provide ‘‘benefits’’

to foreign missions in the United States 

and to impose certain terms and 

conditions upon the provision of such 

benefits, if such action is reasonably 

necessary to achieve a statutory purpose 

identified in the Act. 22 U.S.C. 4304. 

The term ‘‘benefits’’ is defined to 

include any of a number of specifically 

enumerated goods and services as well 

as ‘‘any other benefits as the Secretary 

may designate.’’ 22 U.S.C. 4302(a)(1) 

Pursuant to Department of State 

Delegation of Authority No. 214, section 

14 (September 20, 1994), the authorities 

that the Act vests in the Secretary of 

State were delegated by the Secretary to 

the Assistant Secretary of State for 

Diplomatic Security, who is also the 

Director of the Office of Foreign 

Missions. 

Designation of Benefits, Findings, and 

Specific Determinations 

Pursuant to the authority vested in me 

by and through the above-cited 

provisions of law and Delegation of 

Authority, I hereby find and determine 

as follows: 

(1) Designation of Benefits: The 

acquisition of a motor vehicle is 

encompassed within the statutory 

designation of a ‘‘benefit’’ in the Foreign 

Missions Act because it is a form of 

transportation. 22 U.S.C. 4302(a)(1)(C). 

The Determination published in the 

Federal Register on August 25, 2003 (68 

FR 164), also designated the privilege of 

disposing of a motor vehicle to a U.S. 

person within the United States as a 

benefit under the Act. 

(2) Findings: The Government of Cuba 

has indicated that it will immediately 

end all restrictions on the importation 

and local purchase of vehicles by the 

U.S. Interests Section and its staff in 

Havana, Cuba, if the United States 

removes the conditions imposed on the 

acquisition and disposition of vehicles 

by or on behalf of the Cuban Interests 

Section and its staff in Washington, DC, 

which were implemented by the 

Determination published in the Federal 

Register on August 25, 2003. 

(3) Determination: I hereby determine 

that it is not necessary at this time, 

either on the basis of reciprocity or for 

any other reason, to impose terms or 

conditions on the acquisition or 

disposition of vehicles by or on behalf 

of the Cuban Interests Section and its 

staff and dependent family members in 

Washington, DC. The Determination 

published in the Federal Register on 

August 25, 2003 (Volume 68, Number 

164) is hereby rescinded, and all terms 

and conditions imposed by that 

Determination are hereby annulled. 

(4) Date of Effect: The provisions of 

this Determination shall take effect 

upon its publication in the Federal 

Register. 

(5) Publication of this Determination 

in the Federal Register constitutes 

notice to persons subject to the 

jurisdiction of the United States that 

terms and conditions on the acquisition 

and disposition of vehicles by or on 

behalf of the Cuban Interests Section are 

hereby rescinded. Persons wishing 

clarification as to the applicability of 

this Determination may contact the 

Office of Foreign Missions, U.S. 

Department of State, Washington, DC 

20520; or by telephone: (202) 647–4554. 

Dated: August 14, 2008. 

Eric J. Boswell, 

Assistant Secretary of State for Diplomatic 

Security and Director, Office of Foreign 

Missions, Department of State. 

[FR Doc. E8–20309 Filed 8–29–08; 8:45 am] 

BILLING CODE 4710–43–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Air Traffic Procedures Advisory 

Committee 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

SUMMARY: The FAA is issuing this notice 

to advise the public that a meeting of 

the Federal Aviation Air Traffic 

Procedures Advisory Committee 

(ATPAC) will be held to review present 

air traffic control procedures and 

practices for standardization, 

clarification, and upgrading of 

terminology and procedures. 

DATES: The meeting will be held 

Tuesday, November 4, 2008, from 9 a.m. 

to 4:30 p.m., and Wednesday, November 

5, 2008, from 9 a.m. to 4:30 p.m. 

ADDRESSES: The meeting will be held at 

the Marriott Wardman Park Hotel, 2660 

Woodley Road, NW., Washington, DC 

20008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Jehlen, Executive Director, 

ATPAC, System Operations and Safety, 

800 Independence Avenue, SW., 

Washington, DC 20591, telephone (202) 

493–4527. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92–

463; 5 U.S.C. App.2), notice is hereby 

given of a meeting of the ATPAC to be 

held Tuesday, November 4, 2008 from 9 

a.m. to 4:30 p.m., and Wednesday, 

November 5, 2008, from 9 a.m. to 4:30 

p.m. The agenda for this meeting will 

cover: A continuation of the 

Committee’s review of present air traffic 

control procedures and practices for 

standardization, 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. 

6. Discussion and agreement of 

location and dates for subsequent 

meetings. 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 51335 

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 

the person listed above not later than 

October 24, 2008. The next quarterly 

meeting of the FAA ATPAC is planned 

to be held from January 13–14, 2009, in 

Miami, FL. 

Any member of the public may 

present a written statement to the 

Committee at any time at the address 

given above. 

Issued in Washington, DC, on August 26, 

2008. 

Richard Jehlen, 

Executive Director, Air Traffic Procedures, 

Advisory Committee. 

[FR Doc. E8–20310 Filed 8–29–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0204] 

Application by the Massachusetts 

Department of Highways for a 

Preemption Determination on the City 

of Boston’s Hazardous Materials 

Routing Designation 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), (DOT). 

ACTION: Notice of application for 

preemption determination, 

consolidation with the American 

Trucking Associations, Inc. (ATA) 

application for preemption 

determination, and extension of time to 

submit comments. 

SUMMARY: FMCSA provides notice and 

invites interested parties to submit 

comments on an application by the 

Massachusetts Department of Highways 

(MassHighway) for an administrative 

determination on whether Federal law 

preempts highway routing designations 

issued by the City of Boston (Boston) 

regarding the transportation of 

hazardous materials. MassHighway 

seeks a preemption determination to 

resolve whether Boston’s regulatory 

scheme on hazardous materials 

transportation in Boston remains 

consistent with Federal law in light of 

the history of the Boston regulation, 

changes that have occurred since the 

regulation’s inception in 1980, and 

policy changes in issuing permits under 

the regulation. The MassHighway 

application, filed on July 25, 2008, 

encompasses the issues raised by ATA 

in its application for preemption 

determination filed on May 30, 2008. 

Accordingly, the MassHighway 

application will be consolidated with 

the ATA application in Docket No. 

FMCSA–1008–0204 and the time period 

for submitting comments is extended by 

this notice. 

DATES: Comments received by October 

17, 2008 and rebuttal comments 

received by December 1, 2008 will be 

considered before an administrative 

ruling is issued. Rebuttal comments may 

discuss only those issues raised by 

comments received during the initial 

comment period and may not discuss 

new issues. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA–

2008–0204 by any of the following 

methods: 

Web Site: http://www.regulations.gov. 

Follow the instructions for submitting 

comments on the Federal electronic 

docket site. 

Fax: 1–202–493–2251. 

Mail to: Docket Management Facility, 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Courier or Hand Delivery: Ground 

Floor, Room W12–140, DOT Building, 

1200 New Jersey Avenue, SE., 

Washington, DC, 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, see the Public Participation 

and Supplementary Information 

headings 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 at any time or to 

the ground floor, Room W12–140, DOT 

Building, 1200 New Jersey Avenue, SE., 

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

p.m. e.t., Monday through Friday, 

except Federal holidays. 

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:// 

www.regulations.gov. 

Public participation: The http:// 

www.regulations.gov Web site is 

generally 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 http://www.regulations.gov Web 

site and also at the DOT’s http:// 

docketsinfo.dot.gov Web site. If you 

want confirmation of receipt of your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

FOR FURTHER INFORMATION CONTACT: 

James O. Simmons, Chief, Hazardous 

Materials Division, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or at james.simmons@dot.gov 

(e-mail). 

SUPPLEMENTARY INFORMATION: A copy of 

each comment must be sent to Monica 

E. Conyngham, Chief Counsel, 

MassHighway, 10 Park Plaza, Boston, 

MA 02116–3969 and Richard 

Moskowitz, Vice President and 

Regulatory Affairs Counsel, American 

Trucking Associations, 950 North Glebe 

Road, Arlington, VA 22203. You are 

required to include with your comments 

a certification that you provided a copy 

of your comments to MassHighway and 

ATA. (The following format is 

suggested: ‘‘I certify copies of this 

comment were sent to Ms. Conyngham, 

MassHighway, and Mr. Moskowitz, 

ATA, at the address specified in the 

Federal Register.’’) 

Background 

Title 49 U.S.C. 5125 includes several 

preemption provisions. Section 

5125(c)(1) allows a State or Indian tribe 

to establish, maintain, or enforce a 

highway routing designation over which 

hazardous material may or may not be 

transported by motor vehicles, or a 

limitation or requirement related to 

highway routing, only if the 

designation, limitation, or requirement 

complies with 49 U.S.C. 5112(b). 

Section 5112(b) requires the Secretary 

of Transportation (the Secretary), in 

consultation with the States, to 

prescribe by regulation standards for the 

States and Indian tribes to follow when 

designating specific highway routes for 

transportation of hazardous materials. 

The Secretary has delegated to the 

Administrator of the FMCSA authority 

and responsibility for highway routing 

of hazardous materials. See 49 CFR 

1.73(d)(2). The standards required by 49 

U.S.C. 5112(b) for establishing highway 


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