23472 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

Alaska Railroad Corporation 

[Waiver Petition Docket Number FRA–2008– 

0161] 

The Alaska Railroad Corporation 

(ARR), a Class II railroad, petitioned 

FRA for a waiver of compliance from 

certain provisions of the Passenger 

Equipment Safety Standards, as 

prescribed by 49 CFR * 238.303(c) 

Exterior Calendar day inspection and * 

238.313 Class I brake test, for one set of 

conventional passenger equipment. 

Specifically, this waiver request applies 

to the seasonal Hurricane Turn 

passenger train. This service is operated 

from May through September, between 

Talkeetna, Alaska (Milepost (MP) 226), 

and Hurricane Gulch Bridge, Alaska 

(MP 284). This train provides ‘‘flag 

stop’’ service to residents as well as 

visitors to an area that has no road 

access. Until now, this service was 

provided using Buddy Company-built 

Railway Diesel Cars (RDC) that have 

been retired and replaced by two 

locomotives, one baggage car, and two 

passenger coach cars. The equipment 

makes a single round trip between 

Talkeetna and Hurricane, four days per 

week, only during the summer months. 

Until the retirement of RDC’s, this 

service was covered under waiver 

Docket Number FRA–2002–11215. 

ARR maintains mechanical facilities 

located at Fairbanks (MP 470) and 

Anchorage (MP 114), Alaska, where 

qualified maintenance employees are 

headquartered. The equipment is stored 

overnight at Talkeetna during the work 

week, and may be moved to Anchorage 

the other days for cleaning, supplies, 

and servicing. FRA requires a ‘‘qualified 

maintenance person’’ (QMP) conduct 

the daily exterior inspection and the 

Class I—initial terminal airbrake 

inspection each day the equipment is 

used. This requires ARR to assign a 

QMP to Talkeetna, where there is not 

enough work to support a position, or 

have an employee travel 224 miles 

(round trip) each day from Anchorage. 

ARR requests that a QMP be 

authorized to complete the required 

daily exterior and airbrake inspections 

at Talkeetna at least once each week, 

during the months the equipment is 

stationed there. The equipment may be 

moved to Anchorage or a mechanical 

department road truck will travel to 

Talkeetna to have a QMP conduct the 

required inspections. Talkeetna is the 

only location that this relief is sought. 

Train crews will conduct the required 

inspection on all other days. ARR has 

safely operated the two RDC’s under the 

conditions set by FRA’s Railroad Safety 

Board in a decision letter dated June 11, 

2002, under Docket Number FRA–2001– 

11215. ARR requests that since the 

original RDC equipment has been 

retired, the replacement conventional 

equipment be operated under the same 

conditions of that waiver, and FRA– 

2001–11215 be withdrawn due to the 

retirement of the covered equipment. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2008– 

0161) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and 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). 

Issued in Washington, DC on May 13, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–11593 Filed 5–18–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–8398; FMCSA– 

2003–14504; FMCSA–2005–20560; FMCSA– 

2007–27515] 

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 21 

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 June 

13, 2009. Comments must be received 

on or before June 18, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2000–8398; FMCSA–2003–14504; 

FMCSA–2005–20560; FMCSA–2007– 

27515, 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. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

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

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23473 

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 acknowledgment 

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 21 individuals 

who have requested a renewal of their 

exemption in accordance with FMCSA 

procedures. FMCSA has evaluated these 

21 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Roosevelt Bell, Jr. 

Joseph M. Blankenship 

David K. Boswell 

Melvin M. Carter 

Bernabe V. Cerda 

Michael S. Crawford 

Rex A. Dyer 

Patrick J. Goebel 

Thomas A. Gotto 

Louis W. Henderson, Jr. 

William P. Holloman 

Wilbur J. Johnson 

Joseph W. Mayes 

Larry L. Morseman 

Kenneth C. Reeves 

Charles J. Rowsey 

Dustin N. Sullivan 

Thomas E. Summers, Sr. 

Jon C. Thompson 

Daniel E. Watkins 

Tommy N. Whitworth 

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 21 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 78256; 66 FR 

16311; 68 FR 13360; 70 FR 12265; 72 FR 

11426; 68 FR 19598; 68 FR 33570; 70 FR 

25878; 72 FR 28093; 70 FR 17504; 70 FR 

30997; 72 FR 27624; 72 FR 21313; 72 FR 

32703). Each of these 21 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 June 18, 

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 21 

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 

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23474 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 

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 

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: May 11, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–11662 Filed 5–18–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Open Meeting of the President’s 

Economic Recovery Advisory Board 

(the PERAB) 

AGENCY: Office of the Under Secretary 

for Domestic Finance, Treasury. 

ACTION: Notice of meeting time change. 

SUMMARY: The President’s Economic 

Recovery Advisory Board will convene 

its first meeting on May 20, 2009, in the 

White House, 1600 Pennsylvania 

Avenue, NW., Washington, DC, 

beginning at 9:30 a.m. Eastern Time 

instead of 1 p.m. Eastern Time as 

originally announced in the May 5, 2009 

Notice of Open Meeting. The meeting 

will be open to the public via live 

webcast at http://www.whitehouse.gov. 

DATES: The meeting will be held on May 

20, 2009 at 9:30 a.m. Eastern Time. 

ADDRESSES: The PERAB will convene its 

first meeting in the White House, 1600 

Pennsylvania Avenue, NW., 

Washington, DC. The public is invited 

to submit written statements to the 

Advisory Committee by any of the 

following methods: 

Electronic Statements 

• Send written statements to the 

PERAB’s electronic mailbox at 

PERAB@do.treas.gov; or 

Paper Statements 

• Send paper statements in triplicate 

to Michelle Greene, Designated Federal 

Officer, President’s Economic Recovery 

Advisory Board, Office of the Under 

Secretary for Domestic Finance, Room 

2326, Department of the Treasury, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

In general, all statements will be posted 

on the White House Web site (http:// 

www.whitehouse.gov) without change, 

including any business or personal 

information provided, such as names, 

addresses, e-mail addresses, or 

telephone numbers. The Department 

will also make such statements available 

for public inspection and copying in the 

Department’s Library, Room 1428, Main 

Department Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, on official 

business days between the hours of 10 

a.m. and 5 p.m. Eastern Time. You can 

make an appointment to inspect 

statements by telephoning (202) 622– 

0990. All statements, including 

attachments and other supporting 

materials received, are part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Greene, Designated Federal 

Officer, President’s Economic Recovery 

Advisory Board, Office of the Under 

Secretary for Domestic Finance, 

Department of the Treasury, Main 

Department Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, at (202) 622– 

2610. 

SUPPLEMENTARY INFORMATION: On May 5, 

2009, the Department published a 

Federal Register Notice announcing that 

the first open meeting of the PERAB 

would be held on May 20, 2009 at 1 

p.m. Eastern Time. Due to exceptional 

circumstances resulting from the 

President seeking to attend and address 

the PERAB, the time of the meeting has 

been changed to accommodate the 

President’s schedule. The meeting will 

now be held at 9:30 a.m. Eastern Time. 

In accordance with Section 10(a) of the 

Federal Advisory Committee Act, 5 

U.S.C. App. II, § 10(a), and the 

regulations thereunder, Michelle 

Greene, Designated Federal Officer of 

the Advisory Board, has ordered 

publication of this notice that the 

PERAB will convene its first meeting on 

May 20, 2009, in the White House, 1600 

Pennsylvania Avenue, NW., 

Washington, DC, beginning at 9:30 a.m. 

Eastern Time. The meeting will be open 

to the public. While the meeting room 

will accommodate a reasonable number 

of interested members of the public, 

space is limited. Because the meeting 

will be held in a secured facility, 

members of the public who plan to 

attend the meeting must contact the 

Office of the Under Secretary for 

Domestic Finance, at (202) 622–2610, to 

inform the Department of the desire to 

attend the meeting and to provide the 

information that will be required to 

facilitate entry into the White House. In 

addition, the meeting can be viewed via 

live webcast at http:// 

www.whitehouse.gov. The purpose of 

this meeting is to discuss general 

organizational matters of the PERAB 

and begin discussing the issues 

impacting the strength and 

competitiveness of the Nation’s 

economy. 

Andrew Mayock, 

Executive Secretary. 

[FR Doc. E9–11765 Filed 5–18–09; 8:45 am] 

BILLING CODE 4810–25–P 

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