Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24897 

existing shippers on adjoining segments 

will continue to receive local service; all 

overhead service can be rerouted; no 

one has requested local service on the 

middle segment in over 10 years; and 

there is no indication of any need for 

service on the middle segment in the 

future. Finally, because any traffic that 

might need to move over the middle 

segment could move over a refurbished 

BNSF Line (the Packingtown Lead), the 

public convenience and necessity does 

not require BNSF to keep the middle 

segment in the national rail system. 

Accordingly, the Board on its own 

motion granted BNSF an exemption 

from the provisions of 49 U.S.C. 10903 

for the middle segment. 

In seeking a declaratory order, BNSF 

also asked the Board for an expedited 

decision so that the relocation project to 

facilitate the construction of the I–40 

highway could go forward. The Board, 

on its own motion, exempted the 

abandonment of the middle segment 

from the statutory offer of financial 

assistance (OFA) program so that the 

highway project may proceed and 

because applying the OFA provisions 

under 49 U.S.C. 10904 is not necessary 

to carry out the rail transportation 

policy. 

Lastly, the Board granted an 

exemption on its own motion from the 

public use provisions under 49 U.S.C. 

10905. BNSF has already agreed to make 

the right-of-way available to Oklahoma 

Department of Transportation (ODOT) 

for public use, i.e., the construction of 

I–40. Therefore, the purpose sought to 

be achieved by section 10905—to 

provide an opportunity to public bodies 

to negotiate for the acquisition of 

abandoned rail properties—has already 

been fulfilled by the agreement reached 

between BNSF and ODOT. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Decided: May 19, 2009. 

By the Board, Acting Chairman Mulvey, 

and Vice Chairman Nottingham. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. E9–12099 Filed 5–22–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2009–15] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before June 15, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0250 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation (DOT), 1200 New 

Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for 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 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Laverne Brunache (202) 267–3133 or 

Tyneka Thomas (202) 267–7626, Office 

of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on May 20, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2009–0250. 

Petitioner: Ameristar Air Cargo, Inc. 

Section of 14 CFR Affected: 14 CFR 

121.434(h)(3). 

Description of Relief Sought: 

Ameristar Air Cargo, Inc. (Ameristar), 

has petitioned the Federal Aviation 

Administration to permit a pilot that 

meets certain conditions outlined in its 

petition, but not the requirements of 14 

CFR 121.434(g), to serve as a pilot in an 

airplane for which the pilot has newly 

qualified. Additionally, Ameristar 

wishes to operate under such an 

exemption outside the United States, 

specifically: Canada, Mexico, Central 

America, South America, and the 

Caribbean nations or areas of operations 

authorized in its operations 

specifications. 

[FR Doc. E9–12091 Filed 5–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Purpose, Use and Effect of Field 

Operations Training Manual. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Interpretation of 

Internal Agency Document. 

SUMMARY: The purpose of this notice is 

to restate and confirm the Agency’s 

policy regarding the purpose, use and 

effect of the paper and electronic 

versions of FMCSA’s Field Operations 

Training Manual (FOTM and eFOTM). 

DATES: Effective Date: This 

interpretation restates policy already in 

effect. 

FOR FURTHER INFORMATION CONTACT: 

Peter Snyder, Trial Attorney, Office of 

the Chief Counsel, Enforcement 

Division, 19900 Governors Drive, Suite 

210, Olympia Fields, IL 60461, 

telephone (708) 283–3515; or Genevieve 

Sapir, Attorney-Advisor, Office of the 

Chief Counsel, Regulatory Affairs 

Division, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, telephone (202) 

366–7056.