Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23467 

U.S. Postal Service may be subject to 

delays. A party that submits a comment 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. 

FOR FURTHER INFORMATION CONTACT: 

Robert Kulat, Public Affairs Specialist, 

Federal Railroad Administration, 1200 

New Jersey Avenue, SE., West Building3rd Floor, Washington, DC 20590; 

Telephone: (202) 493–6024. 

SUPPLEMENTARY INFORMATION: President 

Barack Obama and Secretary Ray 

LaHood have voiced a commitment to 

further develop and refine a world-class 

network of high-speed passenger rail 

corridors and intercity passenger rail 

service. The President proposes to 

jump-start the process with the $8 

billion down payment provided in 

ARRA. ARRA directs funds toward 

projects that will aid in near-term 

economic recovery, while laying a 

foundation for longer-term economic 

stability and competitiveness. These 

first steps emphasize strategic 

investments that will yield tangible 

benefits to intercity rail infrastructure, 

equipment, performance, and 

intermodal connections over the next 

several years, while also creating a 

‘‘pipeline’’ of projects to enable future 

corridor development. 

The forthcoming guidance will 

describe in more detail the application 

prerequisites for each program along 

with the specific criteria that will be 

used to evaluate applications. The scope 

and specificity of each project will vary, 

but all applications will most likely 

need to address planning and project 

development, stakeholder agreements, 

financial plans, and risk management 

plans. 

As President Obama outlined in his 

March 20, 2009, memorandum, 

Ensuring Responsible Spending of 

Recovery Act Funds, implementing 

agencies are to: 

Develop transparent, merit-based selection 

criteria that will guide their available 

discretion in committing, obligating, or 

expending funds under the Recovery Act. 

FRA is committed to carrying out this 

requirement through clear selection 

criteria and evaluation procedures. In 

preparing the selection criteria and 

evaluation procedures, FRA seeks 

structured input from stakeholders and 

the public on the criteria to be used in 

evaluating grant applications in order to 

achieve a new national network of high 

speed intercity passenger rail corridors. 

Issued in Washington, DC, on May 12, 

2009. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. E9–11597 Filed 5–18–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Dockets No. FMCSA–2005–22660, 

FMCSA–2005–22937, FMCSA–2007–28827, 

FMCSA–2007–29254, FMCSA–2007–29048, 

FMCSA–2008–0076] 

Applications for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA has denied the 

applications for exemption from its 

regulations submitted by the following: 

Bordentown Driver Training School 

LLC, Centennial Communications, Inc., 

United States Department of Energy, 

Jcrane, Inc., Summit Helicopters, Inc., 

and United States Postal Service. 

FMCSA reviewed the application and 

public comments received on each, and 

rendered its decision based on the 

merits of each application. 

DATES: All of these applications for 

exemption were denied effective 

January 16, 2009. 

Dockets: For access to the dockets 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. 

FOR FURTHER INFORMATION CONTACT: 

Robert Schultz, Jr., FMCSA Driver and 

Carrier Operations Division; Office of 

Bus and Truck Standards and 

Operations; Telephone: 202–366–4325. 

E-mail: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31315 and 31136(e), 

FMCSA may grant an exemption from 

certain of its regulations 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.’’ FMCSA published in 

the Federal Register a separate public 

notice of each application for 

exemption. The Agency requested 

public comment on each application 

and provided the public an opportunity 

to inspect the information relevant to 

each. FMCSA reviewed and evaluated 

each of the applications for exemption 

and all the comments filed. Table 1 

provides, for each application, the 

docket number where the complete 

record of the docket can be examined 

(see ‘‘DOCKETS’’ above), and the 

Federal Motor Carrier Safety 

Regulations (49 CFR 350 et seq.) 

(FMCSRs) from which exemption was 

sought. 

TABLE 1 

Applicant Docket No. Exemption sought 

Bordentown Driver Training School LLC, dba 

Smith & Solomon Driver Training.

FMCSA–2007–29048 .. Random Drug and Alcohol Testing of Drivers with a Commercial 

Driver’s License. 49 CFR 382.305(a). 

Centennial Communications .............................. FMCSA–2007–28827 .. All 49 CFR parts 350–399. 

U.S. Department of Energy ............................... FMCSA–2008–0076 .... Hours of Service, Sleeper berth periods of at least eight (8) consecutive hours. 49 CFR 395.1(g)(1)(ii)(A). 

Jcrane, Inc ......................................................... FMCSA–2007–29254 .. Qualification of drivers: minimum age of 21 years. 49 CFR 

391.11(b)(1). 

Summit Helicopters, Inc ..................................... FMCSA–2005–22937 .. Hours of Service, 49 CFR Part 395. 

United States Postal Service ............................. FMCSA–2005–22660 .. Hours of Service, Limit on ‘‘on-duty’’ time each day. 49 CFR 395.3. 

FMCSA Decision 

The applicants failed to demonstrate 

how, if the exemption(s) sought were 

granted, they would ensure that their 

operations could achieve a level of 

safety that is equivalent to, or greater 

than, the level of safety that would be 

obtained by compliance with the 

regulations (49 CFR 381.305(c)(5)). 

Therefore, the Administrator denied 

each of these applications for exemption 

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23468 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 

on January 16, 2009. Details of the 

Agency’s analysis follow. 

Bordentown Driver Training School LLC, 

Doing Business as (dba) Smith & 

Solomon Driver Training 

This truck-driver training school 

applied to obtain exemption from 

random drug and alcohol testing (49 

CFR 382.305(a)) for its student-drivers 

of commercial motor vehicles. Two 

comments were filed in response to this 

application. One comment supported 

the request on the basis that student 

drivers undergo a drug screen as part of 

the enrollment process, and also 

because random testing is costly and 

inconvenient considering the limited 

amount of driving these students 

actually perform during training. A 

second comment recommended denial 

of the application because the random 

testing of students promotes early 

detection of unfit drivers. FMCSA 

believes that the value of random testing 

in this environment justifies its 

inconvenience and cost because it 

serves as an effective deterrent to illegal 

and unsafe activity in the operation of 

heavy trucks by students after 

enrollment. FMCSA found that the 

applicant failed to explain how it could 

ensure that students exempt from 

random drug and alcohol testing would 

achieve a level of safety equivalent to, 

or greater than, the level they would 

achieve by complying with the 

regulation. 

Centennial Communications 

This entity sought exemption from all 

the FMCSRs for 46 drivers who operate 

commercial motor vehicles (CMVs) on 

an occasional basis. The only comment 

was from the Advocates for Highway 

and Auto Safety, which strongly 

opposed the application on several 

grounds, including that the applicant 

did not demonstrate how operation 

under the exemption would maintain a 

level of safety equivalent to, or greater 

than, the level achieved without the 

exemption. The information provided in 

support of the petition failed to 

establish a basis for distinguishing the 

involved drivers from the drivers 

employed by other motor carriers on an 

occasional basis. The inconvenience the 

applicant experiences in complying 

with the FMCSRs is not exceptional or 

noteworthy. The applicant also failed to 

explain how, were these 46 drivers 

exempt from all the FMCSRs, it could 

ensure that it would achieve a level of 

safety equivalent to, or greater than, the 

level of safety that would be obtained by 

compliance with the regulations. 

U.S. Department of Energy (DOE) 

This Federal agency sought 

modification of the rules pertaining to 

the hours of service (HOS) of its contract 

drivers hauling high-risk, high-security 

shipments of transuranic waste in 

interstate commerce. These drivers 

operate in teams of two so that, to the 

maximum extent allowable, one driver 

can obtain rest in a sleeper berth (SB) 

while the other drives. Based upon 

scientific research, FMCSA in 2005 

amended the SB rules to require drivers 

to include, at specified intervals, 

periods of no less than 8 hours in the 

SB, plus a separate period of at least 2 

but less than 10 consecutive hours 

either in the SB or off duty or in any 

combination of the two. Prior to this 

amendment, drivers could satisfy the 

HOS rules by using SB periods of any 

length in excess of 2 hours, so long as 

two consecutive SB periods totaled at 

least 10 hours in length (and occurred 

within specified timeframes). One of the 

most popular SB protocols prior to 

amendment alternated the driving and 

sleeper berth ‘‘shifts’’ every 5 hours. The 

applicant espoused the virtue of such a 

protocol. 

Three companies in the same line of 

work as the applicant commented in 

favor of DOE’s application. In addition, 

an industry association recommended 

that FMCSA conduct a rulemaking and 

re-examine the SB rules. None of these 

comments persuaded the Agency to 

overlook the extensive scientific 

research underlying its current SB rule. 

This research found that team drivers 

employing 5-hour shifts were unable to 

obtain sufficient restorative rest. Two 

commenters opposed the application, 

including a safety group that felt that 

DOE failed to show that the current 

level of safety would be maintained if 

the exemption were granted. The 

Agency notes the hazardous nature of 

the property being transported 

(transuranic waste), and is not 

persuaded that the operations of drivers 

exempt from 8-hour SB periods could 

attain a level of safety equivalent to, or 

greater than, the level of safety that 

would be obtained by compliance with 

the current SB regulations requiring 

such periods. 

Jcrane, Inc. (Jcrane) 

This company sought exemption for 

10 of its crane and tractor-trailer drivers 

from the requirement that interstate 

drivers of CMVs be at least 21 years of 

age. The drivers would be as young as 

18 years of age. The comments were 

unanimous in their opposition to the 

exemption. Jcrane failed to differentiate 

its operating environment from that of 

other motor carriers. The agency 

remains persuaded by research showing 

that drivers age 18 to 21 years of age are 

a high-risk group. The Agency is 

especially hesitant to allow these young 

drivers to operate cranes in interstate 

commerce. Jcrane failed to demonstrate 

how it would ensure that it could 

achieve a level of safety with 10 drivers 

under age 21 that would be equivalent 

to, or greater than, the level of safety 

that would be obtained if all its drivers 

were at least 21 years of age. 

Summit Helicopters, Inc. (Summit) 

This motor carrier, engaged in the 

aerial application of herbicides, operates 

21 tank CMVs in support of its aircraft. 

It asked the Agency to exempt it and the 

operators of these tank CMVs from all of 

the HOS rules. Five comments opposed 

the application; none supported it. The 

Agency believes that it would be 

irresponsible to allow drivers operating 

tank CMVs laden with hazardous 

materials to be free of all constraints on 

driving or on-duty time, and of all 

requirements for restorative rest. 

Summit failed to explain how it could 

ensure that drivers operating tank CMVs 

in interstate commerce without any 

regulation of their HOS would achieve 

a level of safety equivalent to, or greater 

than, the level of safety that would be 

obtained by compliance with the HOS 

rules. 

United States Postal Service (USPS) 

This Agency sought an exemption to 

allow over 5,000 contract mail haulers 

it utilizes to operate under the HOS 

rules in effect prior to January 4, 2004. 

On that date, revised HOS rules 

governing the on-duty time of interstate 

property-carrying drivers took effect. 

The revisions followed a comprehensive 

review of the science of driver fatigue by 

FMCSA and extensive public comment. 

There were 1,071 comments to the 

docket. Only sixteen comments 

supported the request. Of the comments 

in opposition to the request, 

approximately 930 employed identical 

wording. The amended rules were 

designed to improve the safety of the 

property-carrying industry and have, in 

fact, done so. The petition provides no 

information to suggest that a return to 

the HOS rules previously in effect by 

this large group of drivers would be 

accompanied by measures ensuring that 

the current level of safety would be 

maintained. Absent such a showing, 

FMCSA cannot grant the application. 

Therefore, FMCSA denies the USPS 

request for exemption. 

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Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23469 

Conclusion 

FMCSA has carefully reviewed the 

applications and the comments 

received, and has concluded that each 

application lacks sufficient merit to 

justify the exemptions sought. 

Accordingly, FMCSA denies each 

application. 

Issued on: May 7, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–11661 Filed 5–18–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[NHTSA Docket No. NHTSA–2009–0099] 

National Emergency Medical Services 

Advisory Council (NEMSAC); Notice of 

Federal Advisory Committee Meeting 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: National Emergency Medical 

Services Advisory Council (NEMSAC); 

Notice of Federal Advisory Committee 

Meeting. 

SUMMARY: The NHTSA announces a 

meeting of NEMSAC to be held in the 

Metropolitan Washington, DC area. This 

notice announces the date, time and 

location of the meeting, which will be 

open to the public. The purpose of 

NEMSAC is to provide a nationally 

recognized council of emergency 

medical services representatives and 

consumers to provide advice and 

recommendations regarding Emergency 

Medical Services (EMS) to the U.S. 

DOT’s NHTSA. 

DATES: The meeting will be held on June 

2, 2009, from 1 p.m. to 5 p.m., and June 

3, 2009, from 8 a.m. to 11:30 a.m. A 

public comment period will take place 

on June 3, 2009, between 10 a.m. and 

10:30 a.m. 

Comment Date: Written comments or 

requests to make oral presentations 

must be received by May 26, 2009. 

ADDRESSES: The meeting will be held at 

the Crystal Gateway Marriott, 1700 

Jefferson Davis Highway, Arlington, VA 

22202. Persons wishing to make an oral 

presentation or who are unable to attend 

or speak at the meeting may submit 

written comments. Written comments 

and requests to make oral presentations 

at the meeting should reach Drew 

Dawson at the address listed below and 

must be received by May 26, 2009. 

All submissions received must 

include the docket number, NHTSA– 

2009–0099, and may be submitted by 

any one of the following methods: You 

may submit or retrieve comments online 

through the Document Management 

System (DMS) at http:// 

www.regulations.gov/ under the docket 

number listed at the beginning of this 

notice. The DMS is available 24 hours 

each day, 365 days each year. Electronic 

submission and retrieval help 

guidelines are available under the help 

section of the Web site. 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at http:// 

www.archives.gov and the Government 

Printing Office’s database at http:// 

www.access.gpo.gov/nara. 

Please note that even after the 

comment closing date, we will continue 

to file relevant information in the docket 

as it becomes available. 

E-mail: drew.dawson@dot.gov or 

susan.mchenry@dot.gov. 

Fax: (202) 366–7149. 

FOR FURTHER INFORMATION CONTACT: 

Drew Dawson, Director, Office of 

Emergency Medical Services, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., NTI–140, 

Washington, DC 20590, Telephone 

number (202) 366–9966; E-mail 

Drew.Dawson@dot.gov. 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given under the Federal 

Advisory Committee Act (FACA), Public 

Law 92–463, as amended (5 U.S.C. App. 

1 et seq.). The NEMSAC will be holding 

its sixth meeting on Tuesday and 

Wednesday, June 2 and 3, 2009, at the 

Crystal Gateway Marriott, 1700 Jefferson 

Davis Highway, Arlington, VA 22202. 

Agenda of Council Meeting, June 2–3, 

2009 

The tentative agenda includes the 

following: 

Tuesday, June 2, 2009 

(1) Opening Remarks; 

(2) Introduction of Members and all in 

attendance; 

(3) Review and Approval of Minutes 

of last Meeting; 

(4) Committee Reports and 

Discussion. 

Wednesday, June 3, 2009 

(1) Welcome and Introductions; 

(2) Unfinished Business from June 2; 

(3) Public Comment Period; 

(4) Next Steps and Future Meetings. 

A public comment period will take 

place on June 3, 2009, between 10 a.m. 

and 10:30 a.m.. 

Public Attendance: The meeting is 

open to the public. Persons with 

disabilities who require special 

assistance should advise Drew Dawson 

of their anticipated special needs as 

early as possible. Members of the public 

who wish to make comments on 

Wednesday, June 3 between 10 a.m. and 

10:30 a.m. are requested to register in 

advance. In order to allow as many 

people as possible to speak, speakers are 

requested to limit their remarks to 3 

minutes. For those wishing to submit 

written comments, please follow the 

procedure noted above. 

This meeting will be open to the 

public. Individuals wishing to register 

must provide their name, affiliation, 

phone number, and e-mail address to 

Drew Dawson by e-mail at 

drew.dawson@dot.gov or by telephone 

at (202) 366–9966 no later than May 26, 

2009. There will be limited seating, so 

please register early. Pre-registration is 

necessary to enable proper 

arrangements. 

Minutes of the NEMSAC Meeting will 

be available to the public online through 

the DOT Document Management System 

(DMS) at: http://www.regulations.gov 

under the docket number listed at the 

beginning of this notice. 

Issued on: May 14, 2009. 

Jeffrey P. Michael, 

Associate Administrator for Research and 

Program Development. 

[FR Doc. E9–11659 Filed 5–18–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[NHTSA Docket No. NHTSA–2009–0100] 

Meeting Notice—Federal Interagency 

Committee on Emergency Medical 

Services 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Meeting Notice—Federal 

Interagency Committee on Emergency 

Medical Services. 

SUMMARY: NHTSA announces a meeting 

of the Federal Interagency Committee on 

Emergency Medical Services (FICEMS) 

to be held in Washington, DC area. This 

notice announces the date, time and 

location of the meeting, which will be 

open to the public. 

DATES: The meeting will be held on June 

3, 2009, from 2:30 p.m. to 5 p.m. 

ADDRESSES: The meeting will be held at 

Crystal Gateway Marriott, 1700 Jefferson 

Davis Highway, Arlington, VA 22202. 

FOR FURTHER INFORMATION CONTACT: 

Drew Dawson, Director, Office of 

Emergency Medical Services, National 

mstockstill on PROD1PC66 with NOTICES