34072 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 

on Government Procurement approved 

the accession of ‘‘the Separate Customs 

Territory of Taiwan, Penghu, Kinmen 

and Matsu’’ (Chinese Taipei) to the 

World Trade Organization (‘‘WTO’’) 

Agreement on Government Procurement 

(‘‘GPA’’). Chinese Taipei submitted its 

instrument of accession to the SecretaryGeneral of the WTO on June 15, 2009. 

The GPA will enter into force for 

Chinese Taipei on July 15, 2009. The 

United States, which is also a party to 

the GPA, has agreed to waive 

discriminatory purchasing requirements 

for eligible products and suppliers of 

Taiwan (known in the WTO as Chinese 

Taipei) beginning on July 15, 2009. 

Section 1–201 of Executive Order 

12260 of December 31, 1980 delegated 

the functions of the President under 

sections 301 and 302 of the Trade 

Agreements Act of 1979 (‘‘the Trade 

Agreements Act’’) (19 U.S.C. 2511, 

2512) to the United States Trade 

Representative. 

Determination: In conformity with 

sections 301 and 302 of the Trade 

Agreements Act, and in order to carry 

out U.S. obligations under the GPA, I 

hereby determine that: 

1. Taiwan (known in the WTO as 

Chinese Taipei) has become a party to 

the GPA and will provide appropriate 

reciprocal competitive government 

procurement opportunities to United 

States products and services and 

suppliers of such products and services. 

In accordance with section 301(b)(1) of 

the Trade Agreements Act, Taiwan 

(known in the WTO as Chinese Taipei) 

is so designated for purposes of section 

301(a) of the Trade Agreements Act. 

2. Accordingly, beginning on July 15, 

2009, with respect to eligible products 

(namely, those goods and services 

covered under the GPA for procurement 

by the United States) of Taiwan (known 

in the WTO as Chinese Taipei) and 

suppliers of such products, the 

application of any law, regulation, 

procedure, or practice regarding 

government procurement that would, if 

applied to such products and suppliers, 

result in treatment less favorable than 

that accorded— 

(A) To United States products and 

suppliers of such products, or 

(B) To eligible products of another 

foreign country or instrumentality 

which is a party to the GPA and 

suppliers of such products, shall be 

waived. This waiver shall be applied by 

all entities listed in United States 

Annexes 1 and 3 of GPA Appendix 1. 

3. The Trade Representative may 

modify or withdraw the designation in 

paragraph 1 and the waiver in paragraph 

2. 

Ron Kirk, 

United States Trade Representative. 

[FR Doc. E9–16543 Filed 7–13–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for Special 

Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before August 13, 2009. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION: Copies of the 

applications are available for inspection 

in the Records Center, East Building, 

PHH–30, 1200 New Jersey Avenue, SE., 

Washington, DC or at http://fdms.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on July 7, 2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials 

Special Permits and Approvals. 

NEW SPECIAL PERMITS

Application 

No. 

Docket 

No. Applicant Regulation(s) affected Nature of special permits thereof 

14871–N .... .................... Calico Brands, Inc., Ontario, CA.49 CFR 172.302(c) and 

173.308(c)(2).

To authorize the transportation in commerce of lighters 

containing flammable gas in non-DOT specification 

containers that are capable of meeting UN performance standards at the PG II performance level that 

are further overpacked in a corrugated container. 

(mode 1) 

14872–N .... .................... Arkema, Inc., Philadelphia, 

PA.

49 CFR 173.31(e)(2)(ii) 

and 173.314(c).

To authorize the transportation in commerce of methyl 

mercaptan in certain DOT I 05J300W tank cars. 

(mode 2) 

14873–N .... .................... Matson Navigation Company, Inc., Oakland, CA.49 CFR 176.116(e)(3) ....... To authorize the transportation in commerce of certain 

Class I (explosive) hazardous materials in an alternative stowage configuration. (mode 3) 

14875–N .... .................... Canton Railroad Company, 

Baltimore, MD.

49 CFR 174.85 .................. To authorize transportation of hazardous materials by 

rail without the use of a buffer car between the rail 

car containing the hazardous materials and the locomotive. (mode 2) 

14877–N .... .................... Halon Banking Systems, 

New Hope, MN.

49 CFR 173.304a .............. To authorize the one-time, one-way transportation in 

commerce of non-DOT specification cylinders containing a refrigerant gas. (modes 1, 2) 

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Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 34073 

NEW SPECIAL PERMITS—Continued 

Application 

No. 

Docket 

No. Applicant Regulation(s) affected Nature of special permits thereof 

14878–N .... .................... Humboldt County Waste 

Management Authority, 

Eureka, CA.

49 CFR 172.102 Special 

Provision 130.

To authorize the transportation in commerce of certain 

dry batteries in packaging without protecting against 

short circuits. (mode 1) 

14881–N .... .................... United Parcel Service, Atlanta, GA.49 CFR 172.404(b) ............ To authorize the transportation in commerce of small 

unpalletized packages in an overpack (reusable, collapsible consolidation bins) without hazard warning 

labels on the overpack. (modes 1, 2) 

14883–N .... .................... Structural Composites Industries (SCI), Pomona, 

CA.

49 CFR 173.302a and 

173.304a.

To authorize the manufacture, marking, sale and use 

of non-DOT specification fully wrapped carbon-fiber 

reinforced aluminum lined cylinders. (modes 1, 2, 3, 

4) 

[FR Doc. E9–16517 Filed 7–13–09; 8:45 am] 

BILLING CODE 4910–60–M 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0078] 

Commercial Driver’s License (CDL) 

Standards; Rotel North American 

Tours, LLC; Amendment of Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to grant Rotel North American 

Tours, LLC (Rotel), amendment of its 

existing exemption that permits 22 

named drivers, employed by Rotel and 

possessing German CDLs, to operate 

commercial motor vehicles (CMVs) in 

the U.S. without a CDL issued by one 

of the States. The Rotel roster of its 22 

exempt drivers is amended to permit 

three new Rotel drivers to be substituted 

for three drivers no longer employed by 

Rotel. The new Rotel drivers are subject 

to all the terms and conditions of the 

current exemption, including its 

expiration date of July 30, 2010. 

DATES: This exemption is effective upon 

publication and expires on July 30, 

2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert F. 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 

Section 4007 of the Transportation 

Equity Act for the 21st Century (Pub. L. 

105–178, 112 Stat. 107, June 9, 1998) 

amended 49 U.S.C. 31315 and 31136(e) 

to provide FMCSA authority to grant 

exemptions from its motor carrier safety 

regulations, including the HOS rules. 

The procedure for requesting an 

exemption is prescribed in 49 CFR part 

381. FMCSA must publish a notice of 

each exemption request in the Federal 

Register (49 CFR 381.315(a)). The 

Agency must provide the public an 

opportunity to inspect the information 

relevant to the application, including 

any safety analyses that have been 

conducted, and to comment on the 

request. 

The Agency must review the safety 

analyses and public comments. Then it 

may grant the exemption for up to 2 

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). The 

decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for 

denying or, in the alternative, the 

specific person or class of persons 

receiving the exemption, and the 

regulatory provision or provisions from 

which the exemption is granted. The 

notice must also specify the effective 

period of the exemption and its terms 

and conditions. 

Rotel provides seasonal motorcoach 

tours for non-English speaking tourists. 

The service is unique because the 

drivers of these buses serve as the tour 

guides, providing oral commentary to 

the passengers in their native language, 

usually German. Rotel states that none 

of the States of the U.S. will issue CDLs 

to these drivers because they are not 

State residents. Until recent years, Rotel 

drivers were able to obtain a 

nonresident CDL from certain States. 

Rotel asserts that without the exemption 

from the requirement that its drivers 

have a CDL issued by a State, it would 

have to terminate these tour operations. 

Complete details of Rotel’s operations, 

including the names of the drivers, can 

be found in its original application, 

dated August 27, 2007, which is 

contained in the docket of this notice. 

On July 30, 2008, FMCSA granted, 

after notice and comment, Rotel’s 

request to allow 22 drivers, each 

holding a German CDL, to operate Rotel 

motor coaches in the U.S. without a 

CDL issued by one of the States as 

required by 49 CFR 383.23 (73 FR 

44313). FMCSA found that these 

drivers, operating specialty tour buses 

in the U.S., would ‘‘likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption,’’ in 

accordance with 49 CFR 381.305. The 

two-year exemption expires on July 30, 

2010. 

Comments 

On May 5, 2009, FMCSA published 

notice of this application to withdraw 3 

Rotel drivers previously approved for 

this exemption but no longer employed 

by Rotel, Jens Radloff, Christian Hafner, 

and Ludwig Gerlsberger, and to 

substitute 3 new drivers, Klaus Endres, 

Sebastian Nicki, and Karl-Heinz 

Schmitz, in their place on the roster of 

exempt Rotel drivers. The Agency asked 

for public comment (74 FR 20776). No 

comments were submitted to the docket. 

FMCSA Decision 

The FMCSA has evaluated Rotel’s 

application for amendment. The Agency 

grants Rotel’s request that three former 

Rotel drivers, originally approved for 

this exemption, Jens Radloff, Christian 

Hafner, and Ludwig Gerlsberger be 

dropped from the roster of exempt 

drivers. The Agency believes that the 

three new drivers, Klaus Endres, 

Sebastian Nicki, and Karl-Heinz 

Schmitz, are qualified to replace the 

drivers dropped from the Rotel roster. 

Like the other 19 Rotel drivers already 

operating under the exemption, the 

three new drivers are non-residents of 

the U.S. and holders of German CDLs. 

The FMCSA finds that they possess 

sufficient knowledge, skills, and 

experience to ensure a level of safety 

that is equivalent to, or greater than, the 

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