Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 29263 

for another two years, effective June 12, 

2009. 

The NPAFC was established by the 

Convention for the Conservation of 

Anadromous Stocks in the North Pacific 

Ocean, signed on February 12, 1992, by 

Canada, Japan, the Russian Federation, 

and the United States, and entered into 

force on February 16, 1993. The U.S. 

Advisory Panel will continue to work 

with the U.S. Section to promote the 

conservation of anadromous fish stocks, 

particularly salmon, throughout their 

migratory range in the North Pacific 

Ocean, as well as ecologically related 

species. 

The U.S. Section of the Commission 

is composed of three Commissioners 

who are appointed by the President. 

Each Commissioner is appointed for a 

term not to exceed 4 years, but is 

eligible for reappointment. The 

Secretary of State, in consultation with 

the Secretary of Commerce, may 

designate alternate commissioners. The 

Advisory Panel to the U.S. Section is 

composed of 14 members, 11 of whom 

are appointed by the Secretary, in 

consultation with the Secretary of 

Commerce. Advisory Panel members 

serve for a term not to exceed 4 years, 

and may not serve more than two 

consecutive terms. 

The Advisory Panel will continue to 

follow the procedures prescribed by the 

Federal Advisory Committee Act 

(FACA). Meetings will continue to be 

open to the public unless a 

determination is made in accordance 

with Section 10 of the FACA, 5 U.S.C. 

Secs. 552b(c)(1) and (4), that a meeting 

or a portion of the meeting should be 

closed to the public. Notice of each 

meeting will continue to be provided for 

publication in the Federal Register as 

far in advance as possible prior to the 

meeting. 

For further information on the 

renewal of the Advisory Panel, please 

contact John Field, Office of Marine 

Conservation in the Department of State, 

(202) 647–3263. 

Dated: May 5, 2009. 

David A. Balton, 

Deputy Assistant Secretary for Oceans and 

Fisheries, Department of State. 

[FR Doc. E9–14343 Filed 6–18–09; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Application of Air Excursions, LLC for 

Certificate Authority 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2009–6–11), Docket DOT–OST– 

2008–0318. 

SUMMARY: The Department of 

Transportation is directing all interested 

persons to show cause why it should 

not issue an order finding Air 

Excursions, LLC, fit, willing, and able to 

engage in interstate scheduled air 

transportation of persons, property, and 

mail. 

DATES: Persons wishing to file 

objections should do so no later than 

June 26, 2009. 

ADDRESSES: Objections and answers to 

objections should be filed in Docket 

DOT–OST–2008–0318 and addressed to 

U.S. Department of Transportation, 

Docket Operations, (M–30, Room W12– 

140), 1200 New Jersey Avenue, SE., 

West Building Ground Floor, 

Washington, DC 20590, and should be 

served upon the parties listed in 

Attachment A to the Order to Show 

Cause. 

FOR FURTHER INFORMATION CONTACT: 

Lauralyn J. Remo, Chief, Air Carrier 

Fitness Division (X–56, Room W86– 

307), U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–9721. 

Dated: June 12, 2009. 

Christa Fornarotto, 

Acting Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. E9–14418 Filed 6–18–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), U.S. DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and other Federal agencies: ShastaTrinity National Forest (Forest Service), 

and U.S. Bureau of Reclamation, MidPacific Region (Bureau of Reclamation). 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

meaning of 23 U.S.C. 139(l)(1). These 

actions relate to a proposed highway 

project, replacement of the Antlers 

Bridge (Bridge No. 06–0089) and 

realignment of a 0.42-mile segment of 

Interstate 5, in the County of Shasta, 

State of California. Those actions grant 

licenses, permits, and approvals for the 

project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before December 16, 2009. 

If the Federal law that authorizes 

judicial review of a claim provides a 

time period of less than 180 days for 

filing such claim, then that shorter time 

period still applies. 

FOR FURTHER INFORMATION CONTACT: 

Lanh Phan, Transportation Engineer, 

Federal Highway Administration, 650 

Capitol Mall, Suite 4–100, Sacramento, 

CA 95814, weekdays between 7 a.m. 

and 4 p.m., telephone 916–498–5046, 

lanh.phan@dot.gov. For Forest Service: 

Stacy Smith, Shasta-Trinity National 

Forest, 204 West Alma, Mount Shasta, 

CA 96067, Telephone: (530) 926–9643, 

e-mail: slsmith01@fs.fed.us. For Bureau 

of Reclamation: Buford Holt, Bureau of 

Reclamation, Northern California Area 

Office, 16349 Shasta Dam Boulevard, 

Shasta Lake, CA 96019, Telephone: 

(530) 276–2047, e-mail: 

bholt@mp.usbr.gov. For California 

Department of Transportation: Edward 

Espinoza, Chief, Caltrans Environmental 

Planning Office, 1657 Riverside Drive, 

Redding, CA 96001, during normal 

office hours 7:30 a.m.–4:15 p.m. 

Monday–Friday, Telephone: (530) 225– 

3308, e-mail: ejespino@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of California: Replacement of the 

Antlers Bridge (Bridge No. 06–0089) and 

realignment of a 0.42-mile segment of 

Interstate 5, in Shasta County, near the 

community of Lakehead. The existing 

steel truss bridge was constructed in 

1941 and exhibits signs of structural 

fatigue. Additionally, the section of 

highway abutting the south end of the 

bridge includes a series of curves and 

has an accident rate higher than average 

for similar highways statewide. The 

proposed project entails construction of 

a new bridge on an alignment 

immediately east of the existing bridge. 

The existing bridge will be removed 

once the new bridge is operational. A 

0.42-mile section of highway south of 

the bridge will be reconstructed to 

improve the alignment. The actions by 

the Federal agencies, and the laws 

under which such actions were taken, 

are described in the Final 

Environmental Assessment (EA) for the 

project, approved on September 29, 

2006, in the FHWA Finding of No 

mstockstill on PROD1PC66 with NOTICES

29264 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 

Significant Impact (FONSI) issued on 

January 19, 2007, and in other 

documents in the FHWA project 

records. The EA, FONSI, and other 

project records are available by 

contacting Caltrans at the address 

provided above. The FHWA EA and 

FONSI can be viewed and downloaded 

from the project Web site at http:// 

www.dot.ca.gov/dist3/departments/ 

envinternet/antler/antler.htm. The 

Forest Service and Bureau of 

Reclamation decisions and permits are 

available by contacting the Forest 

Service and Bureau of Reclamation at 

the addresses provided above. This 

notice applies to all Federal agency 

decisions as of the issuance date of this 

notice and all laws under which such 

actions were taken, including but not 

limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

3. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Anadromous Fish 

Conservation Act [16 U.S.C. 757(a)– 

757(g)], Migratory Bird Treaty Act [16 

U.S.C. 703–712], Magnuson-Stevens 

Fishery Conservation and Management 

Act of 1976, as amended [16 U.S.C. 1801 

et seq.]. 

4. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

5. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]. 

6. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

Emergency Wetlands Resources Act, 16 

U.S.C. 3921, 3931; TEA–21 Wetlands 

Mitigation, 23 U.S.C. 103(b)(6)(m), 

133(b)(11); Flood Disaster Protection 

Act, 42 U.S.C. 4001–4128; Rivers and 

Harbors Act of 1899, 33 U.S.C. 401–406. 

7. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), 42 U.S.C. 9601–9675; 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery 

Act (RCRA), 42 U.S.C. 6901–6992(k). 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13175 Consultation and 

Coordination with Indian Tribal 

Governments; E.O. 11514 Protection and 

Enhancement of Environmental Quality; 

E.O. 13112 Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(I)(1). 

Issued on: June 15, 2009. 

Cindy Vigue, 

Director, State Programs, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E9–14408 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–28043] 

Hours of Service (HOS) of Drivers; 

Renewal of American Pyrotechnics 

Association (APA) Exemption From the 

14-Hour Rule During Independence 

Day Celebrations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

American Pyrotechnics Association 

(APA) exemption for 61 member motor 

carriers from FMCSA’s regulation that 

drivers of commercial motor vehicles 

(CMVs) may not drive after the 14th 

hour after coming on duty. No 

comments were submitted to the public 

docket; consequently, the Agency 

confirms the renewal of the exemption. 

DATES: This exemption is effective 

during the periods of June 28, 2009, 

through July 8, 2009, and June 28, 2010, 

through July 8, 2010, inclusive. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas L. Yager, Chief, 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 renew an exemption from 

the hours of service (HOS) requirements 

in 49 CFR 395.3(a)(2) for up to two years 

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’’ (49 CFR 381.305(a)). APA, a 

trade association representing the 

domestic fireworks industry, applied for 

renewal of a limited exemption from the 

HOS rules on behalf of 61 of its member 

motor carriers, and approximately 3,000 

of their CMV drivers for an eleven-day 

period surrounding Independence Day 

in 2009, and a similar period in 2010, 

as previously announced in the Federal 

Register (74 FR 24069, May 22, 2009). 

A copy of the application is included in 

the docket referenced at the beginning 

of this notice. The list of APA member 

companies covered by the exemption 

from 49 CFR 395.3(a)(2) is included as 

an Appendix to this notice. 

The HOS rules prohibit a propertycarrying CMV driver from driving after 

the 14th hour after coming on duty 

following 10 consecutive hours off duty 

(49 CFR 395.3(a)(2)). During the periods 

June 28–July 8, 2009, and June 28–July 

8, 2010, inclusive, the companies 

named in the Appendix and 

approximately 3,000 CMV drivers 

employed by them, will be exempt from 

section 395.3(a)(2) if they are operating 

in conjunction with the staging of 

fireworks shows celebrating 

Independence Day. These CMV drivers 

hold a commercial driver’s license with 

hazardous materials endorsement. They 

also are trained pyrotechnicians. They 

transport fireworks and set up and stage 

fireworks shows. 

Section 49 CFR 395.3(a)(2) prohibits a 

driver from driving after the 14th hour 

after coming on duty and does not 

permit off-duty periods to extend the 

14-hour limit. This exemption permits 

CMV drivers engaged in these 

operations to exclude off-duty and 

sleeper-berth time of any length from 

the calculation of the 14-hour duty 

period. These drivers must continue to 

obtain 10 consecutive hours off duty 

prior to the 14-hour period, and remain 

subject to the 11-hour driving time 

limit, the 60- and 70-hour on-duty 

limits, and all other HOS rules. 

APA sought renewal of this 

exemption because compliance by its 

members with the current 14-hour rule 

would impose a substantial economic 

hardship on numerous cities, towns and 

municipalities, as well as its member 

companies, with regard to their 

Independence Day celebrations. APA 

mstockstill on PROD1PC66 with NOTICES