Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 25607 

asterisks, where business confidential 

information was redacted or deleted 

from the applicable sentences to 

http://www.regulations.gov. Business 

confidential submissions that are 

submitted without the required 

markings, or are not accompanied by a 

properly marked non-confidential 

version, as set forth above, might not be 

accepted or may be considered public 

documents. The non-confidential 

summary will be placed in the docket 

and open to public inspection. 

III. Public Viewing of Review 

Submissions 

Submissions in response to this 

notice, except for information granted 

‘‘business confidential’’ status under 15 

CFR 2003.6, will be available for public 

viewing pursuant to 15 CFR 2007.6 at 

http://www.regulations.gov upon 

completion of processing and no later 

than approximately two weeks after the 

relevant due date. Such submissions 

may be viewed by entering the docket 

number USTR–2009–0015 in the search 

field at: http://www.regulations.gov. 

Marideth Sandler, 

Executive Director, GSP Program, Chairman, 

GSP Subcommittee of the Trade Policy Staff 

Committee. 

[FR Doc. E9–12406 Filed 5–27–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0112] 

Agency Information Collection (IC) 

Activities; Extension of a Currently 

Approved Collection: Training 

Certification for Entry-Level 

Commercial Motor Vehicle Operators 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

review and approval, and invites public 

comment. The FMCSA requests 

approval to extend an ICR entitled, 

‘‘Training Certification for Entry-Level 

Commercial Motor Vehicle Operators.’’ 

There is no change from the burden 

estimate approved by OMB on March 

11, 2008. 

DATES: We must receive your comments 

on or before July 27, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket Number 

FMCSA–2009–0112 by 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: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001 between 9 a.m. and 5 

p.m., e.t. 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 to 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, 20590– 

0001 between 9 a.m. and 5 p.m., e.t. 

Monday through Friday, except Federal 

holidays. The FDMS is available 24 

hours each day, 365 days each year. If 

you want acknowledgement that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting them 

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 DOT’s complete 

Privacy Act Statement in the Federal 

Register on April 11, 2000 (65 FR 

19476). This information is also 

available at http://docketsinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, Driver and Carrier 

Operations Division, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC, 20590–0001. Telephone: 202–366– 

4325. E-mail: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The Commercial Motor 

Vehicle Safety Act of 1986 (CMVSA) (49 

U.S.C. 31301 et seq.) established 

national minimum testing and licensing 

standards for operators of large trucks 

and buses. Congress sought to ensure 

that drivers of large trucks and buses 

possessed the knowledge and skills 

necessary to operate these vehicles. The 

CMVSA established the ‘‘Commercial 

Drivers License’’ (CDL) program and 

directed the Federal Highway 

Administration (FHWA), FMCSA’s 

predecessor agency, to establish 

minimum Federal standards that States 

must meet when licensing CMV drivers. 

The CMVSA applies to most operators 

of CMVs in interstate or intrastate 

commerce, including employees of 

Federal, State and local governments. 

Section 4007(a)(2) of the Intermodal 

Surface Transportation Efficiency Act of 

1991 (ISTEA) (Pub. L. 102–240, 

December 18, 1991) directed the FHWA 

to ‘‘commence a rulemaking proceeding 

on the need to require training of all 

entry-level drivers of CMVs.’’ On June 

21, 1993, the FHWA published in the 

Federal Register an advance notice of 

proposed rulemaking entitled, 

‘‘Commercial Motor Vehicles: Training 

for All Entry Level Drivers’’ (58 FR 

33874). The Agency also began a study 

of the effectiveness of the training of 

entry-level drivers by the private sector. 

The results of the study were published 

in 1997 under the title ‘‘Adequacy of 

Commercial Motor Vehicle Driver 

Training,’’ and are available in FMCSA 

Docket 1997–2199. The study found that 

the heavy truck, motor coach, and 

school bus segments of the industry 

were not providing adequate entry-level 

training. 

On August 15, 2003, FMCSA 

published a notice of proposed 

rulemaking (NPRM) entitled, 

‘‘Minimum Training Requirements for 

Entry-Level Commercial Motor Vehicle 

Operators’’ (68 FR 48863). The Agency 

proposed mandatory training for 

operators of CMVs in four areas: Driver 

qualifications, hours-of-service of 

drivers, driver wellness and whistleblower protection. Training in these 

topics was not required at that time, and 

the Agency believed that knowledge of 

these areas was crucial to CMV safety. 

On May 21, 2004, FMCSA published a 

final rule with the same title as the 

NPRM (69 FR 29384). The Agency 

mandated training for all CDL operators 

in the four subject areas, effective July 

20, 2004, despite litigation over the final 

rule in the U.S. Court of Appeals for the 

D.C. Circuit. While the court ordered a 

remand so the Agency could review the 

matter, the court did not vacate the rule. 

25608 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices 

Consequently, the final rule is currently 

in effect (Advocates for Highway and 

Auto Safety v. Federal Motor Carrier 

Safety Administration, 429 F. 3d1136 

(D.C.Cir. 2005). 

Title: Training Certification for EntryLevel Commercial Motor Vehicle 

Operators 

OMB Control Number: 2126–0028. 

Type of Request: Extension of an IC. 

Respondents: Entry-level CDL drivers. 

Estimated Number of Respondents: 

45,611. 

Estimated Time per Response: 10 

minutes. 

Expiration Date: September 30, 2009. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

7,602 hours. FMCSA estimates that an 

entry-level driver requires 

approximately 10 minutes to complete 

the tasks necessary to comply with the 

regulation. Those tasks are: 

Photocopying the training certificate, 

giving the photocopy to the motor 

carrier employer, and placing the 

original of the certificate in a personal 

file. Therefore, the annual burden for all 

entry-level drivers is 7,602 hours 

[45,611 respondents × 10 minutes/60 

minutes to complete a response = 

7,601.8 hours (rounded to 7,602 hours)]. 

Definitions: ‘‘Commercial Motor 

Vehicle (CMV)’’: A motor vehicle 

operated in commerce and having a 

gross vehicle weight rating of 26,001 

pounds or more, regardless of actual 

weight, or designed to transport 16 or 

more passengers, or used to transport 

placardable and dangerous hazardous 

materials (49 CFR 383.5). The term 

‘‘CMV’’ is limited to this definition in 

this document; the term ‘‘CDL driver’’ is 

used because the operators of these 

CMVs are required to have a valid 

commercial driver’s license (CDL). This 

rule currently applies solely to ‘‘entrylevel’’ CDL drivers, i.e., those who have 

less than one year of experience 

operating a CMV (49 CFR 380.502(b)). 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FMCSA’s performance 

of functions; (2) the accuracy of the 

estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

information collection. 

Issued on: May 20, 2009. 

David T. Anewalt, 

Acting Associate Administrator, Research 

and Information Technology. 

[FR Doc. E9–12326 Filed 5–27–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

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. 

Terminal Railroad Association of Saint 

Louis 

(Waiver Petition Docket Number FRA– 

2009–0026) 

The Terminal Railroad Association of 

Saint Louis (TRRA) seeks a permanent 

waiver of compliance with the 

Locomotive Safety Standards, 49 CFR 

229.21(a), as it pertains to the record 

keeping requirement for locomotive 

daily inspection reports. If their request 

is granted, TRRA will file the required 

report electronically in a secure 

centralized database that would be set 

up to track and store the daily 

inspection records for the required 92 

days. The railroad states that each 

employee performing the inspections 

would be provided a unique electronic 

identification which will be utilized in 

place of the signature. All requirements, 

date, time location, person conducting 

inspection, and any non-complying 

conditions will be reported 

electronically. TRRA utilizes an 

onboard record of daily inspection and 

will continue to do so if their request is 

granted. 

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–2009– 

0026) 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 20, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–12327 Filed 5–27–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Project Number STP–0022–01 (059)] 

Environmental Impact Statement: 

Harrison, Jackson, Stone, Perry, 

George, and Greene Counties, MS 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Revision to the Original Notice 

of Intent. 

SUMMARY: The Federal Highway 

Administration is issuing this revised