30204 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

You may review the 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 June 17, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–14825 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–06–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. 

BNSF Railway Company 

[Waiver Petition Docket Number FRA–2009– 

0048] 

The BNSF Railway Company (BNSF) 

requests a waiver of compliance from 

the requirements of 49 CFR Part 240, 

Qualification and Certification of 

Locomotive Engineers, specifically, 

§ 240.129. BNSF’s specific request is for 

a waiver from the requirement that 

locomotive engineers have annual 

operational performance evaluations as 

provided under the procedures pursuant 

to Sections 240.129(b), (c), and (e). 

Section 240.129(b) requires a railroad 

to ‘‘have procedures for monitoring the 

operational performance of those it has 

determined as qualified as a locomotive 

engineer.’’ Section 240.129(c) provides 

the requirements of the procedures 

referenced under (b), including that the 

engineer ‘‘shall be annually monitored 

(check ride) by a Designated Supervisor 

of Locomotive Engineers’’ and is either 

‘‘accompanied by the designated 

supervisor’’ or ‘‘has his or her train 

handling activities electronically 

recorded.’’ BNSF has a program to 

comply with these requirements. 

Section 240.129(e) requires the railroad 

to have an operational testing and 

monitoring program in place, and to 

perform at least one unannounced test 

each calendar year. This program must 

be designed to monitor compliance with 

railroad operating rules and other 

directives, and to examine and test such 

compliance. 

BNSF is currently working to 

implement an automatic control system 

that will allow the engineer certification 

database to connect directly to the crew 

database. By connecting these systems, 

BNSF will then be able to constantly 

validate information to safeguard 

against engineers falling outside of the 

provisions of Section 240.129. Once this 

system is fully functioning, individuals 

who are not current on the check-ride 

requirement or operational testing will 

automatically be prevented from 

operating a locomotive until such time 

as they meet the requirements of this 

rule. BNSF plans to have this system in 

place and fully functional by the end of 

August 2009. As a result, the relief 

granted under this waiver request will 

neither lead to a degradation of safety 

nor to any conflict with the intent of the 

rule. 

BNSF has several employees certified 

under 49 CFR Part 240 for service who 

are not currently performing the duties 

that require this certification. Some of 

these individuals have bid on and taken 

positions in other service, while others 

have been furloughed. As a result, these 

individuals are not in a position to 

operate locomotives as an engineer. 

BNSF requests relief from Section 

240.129 to avoid having to perform 

operational performance evaluations on 

individuals who are currently out of 

locomotive engineer service. Waiving 

performance of these evaluations on 

individuals not currently active as 

locomotive engineers is consistent with 

the general application of Part 240, 

which applies to ‘‘any person who 

operates locomotives.’’ 

These individuals are not operating 

locomotives, nor will they be allowed to 

operate locomotives under BNSF’s 

control system. Performance of the 

operational evaluation on individuals 

not currently operating locomotives 

causes safety concerns because it 

requires calling a person in for the sole 

purpose of an evaluation ride and also 

because it would lead to those 

individuals achieving technical 

compliance with the rule only to go 

back to prolonged service in areas other 

than operation of locomotives. BNSF’s 

proposal provides the operational 

evaluation at a time prior to the full 

operation of a locomotive, in 

compliance with the rules, but also at a 

time that is contemporary to the return 

to the active operation of locomotives. 

BNSF requests this waiver as a 

method of ensuring that active 

locomotive engineers receive timely and 

appropriate training and monitoring as 

required for compliance with the rule. 

Through granting this waiver, BNSF 

believes there will be no negative 

impact on safety. As described, BNSF 

will not permit any locomotive engineer 

to operate a locomotive without being in 

full compliance with Part 240, including 

Section 129, of which relief is 

requested. BNSF believes this process 

will promote enhanced safety by 

providing for the operational 

performance evaluations to be done as 

these engineers return to active engine 

service such that safe operation is fresh 

in their minds upon their return. 

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– 

0048) 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 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30205 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on June 17, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–14832 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

[Docket ID: OTS–2009–0013] 

Open Meeting of the OTS Minority 

Depository Institutions Advisory 

Committee 

AGENCY: Department of the Treasury, 

Office of Thrift Supervision. 

ACTION: Notice of meeting. 

SUMMARY: The OTS Minority Depository 

Institutions Advisory Committee 

(MDIAC) will convene a meeting on 

Tuesday, July 7, 2009, at the Office of 

Thrift Supervision at 10 a.m. Central 

Time. The meeting will be open to the 

public. 

DATES: The meeting will be held on 

Tuesday, July 7, 2009, at 10 a.m. Central 

Time. 

ADDRESSES: The meeting will be held at 

the Office of Thrift Supervision, 1 South 

Wacker Drive, Suite 2000, Chicago, IL. 

The public is invited to make a three 

minute oral statement at the MDIAC 

meeting, or submit written statements to 

the MDIAC by any one of the following 

methods: 

• E-mail address: 

Commaffairs@ots.treas.gov; or 

• Mail: To Cassandra McConnell, 

Designated Federal Official, Office of 

Thrift Supervision, 1700 G Street, NW., 

Washington, DC 20552, in triplicate. 

The agency must receive written 

statements no later than June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Cassandra McConnell, Designated 

Federal Official, (202) 906–5750, Office 

of Thrift Supervision, 1700 G Street, 

NW., Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: By this 

notice, the Office of Thrift Supervision 

is announcing that the OTS Minority 

Depository Institutions Advisory 

Committee will convene a meeting on 

Tuesday, July 7, 2009, at the Office of 

Thrift Supervision, 1 South Wacker 

Drive, Suite 2000, Chicago, IL, 

beginning at 10 a.m. Central Time. The 

meeting will be open to the public. 

Because the meeting will be held in a 

secured facility with limited space, 

members of the public who plan to 

attend the meeting, and members of the 

public who require auxiliary aid, must 

contact the Office of Community Affairs 

at 202–906–7891 by 5 p.m. Eastern Time 

on Tuesday, June 30, 2009, to inform 

OTS of their desire to attend the 

meeting and to provide the information 

that will be required to facilitate entry 

into the building. To enter the building, 

attendees should provide a government 

issued ID (e.g., driver’s license, voter 

registration card, etc.) with their full 

name, date of birth, and address. The 

purpose of the meeting is to advise OTS 

on ways to meet the goals established by 

section 308 of the Financial Institutions 

Reform, Recovery, and Enforcement Act 

of 1989 (FIRREA), Public Law 101–73, 

Title III, 103 Stat. 353, 12 U.S.C.A. 1463 

note. The goals of section 308 are to 

preserve the present number of minority 

institutions, preserve the minority 

character of minority-owned institutions 

in cases involving mergers or 

acquisitions, provide technical 

assistance, and encourage the creation 

of new minority institutions. The 

meeting agenda will be posted to the 

Office of Thrift Supervision Web site at 

http://www.ots.gov. 

Dated: June 17, 2009. 

By the Office of Thrift Supervision. 

Cassandra E. McConnell, 

Designated Federal Official, OTS Minority 

Depository Institutions Advisory Committee. 

[FR Doc. E9–14767 Filed 6–23–09; 8:45 am] 

BILLING CODE 6720–01–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Unblocking of Specially Designated 

Nationals and Blocked Persons 

Pursuant to Executive Order 12978 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the names of 

four individuals whose property and 

interests in property have been 

unblocked pursuant to Executive Order 

12978 of October 21, 1995, Blocking 

Assets and Prohibiting Transactions 

With Significant Narcotics Traffickers. 

DATES: The unblocking and removal 

from the list of Specially Designated 

Nationals and Blocked Persons (‘‘SDN 

List’’) of the individuals identified in 

this notice whose property and interests 

in property were blocked pursuant to 

Executive Order 12978 of October 21, 

1995, is effective on June 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: 202/622–2420. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/ofac) via 

facsimile through a 24-hour fax-on 

demand service, tel.: (202) 622–0077. 

Background 

On October 21, 1995, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’), issued Executive Order 

12978 (60 FR 54579, October 24, 1995) 

(the ‘‘Order’’). In the Order, the 

President declared a national emergency 

to deal with the threat posed by 

significant foreign narcotics traffickers 

centered in Colombia and the harm that 

they cause in the United States and 

abroad. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in an Annex to the 

Order; (2) any foreign person 

determined by the Secretary of 

Treasury, in consultation with the 

Attorney General and Secretary of State: 

(a) To play a significant role in 

international narcotics trafficking 

centered in Colombia; or (b) to 

materially assist in, or provide financial 

or technological support for or goods or 

services in support of, the narcotics 

trafficking activities of persons 

designated in or pursuant to the Order; 

and (3) persons determined by the 

Secretary of the Treasury, in 

consultation with the Attorney General 

and the Secretary of State, to be owned 

or controlled by, or to act for or on 

behalf of, persons designated pursuant 

to the Order. 

On June 10, 2009, the Director of 

OFAC removed from the SDN List the 

four individuals listed below, whose 

property and interests in property were 

blocked pursuant to the Order. 

The listing of the unblocked 

individuals follows: 

RAMIREZ DE RAMOS, Amparo, c/o 

INVERSIETE S.A., Cali, Colombia; c/o 

INVERSIONES Y CONSTRUCCIONES 

ATLAS LTDA., Cali, Colombia; DOB 1